The NCAA News - News FeaturesDecember 2, 1996
Louisville placed on probation for two years
The NCAA Committee on Infractions placed the University of Louisville on probation for two years for NCAA rules violations concerning recruiting, extra benefits and preferential treatment.
The case arose from questions concerning a men's basketball student-athlete's use of two cars during the summer and fall of 1995. The university withheld the student-athlete on two occasions from a total of 12 basketball games as a result of concerns that he may have received impermissible benefits. After reviewing the university's response to the official inquiry and the evidence presented at the hearing, the committee determined that a booster improperly provided these vehicles, insurance and payment for parking tickets to the student-athlete in violation of NCAA rules. The student-athlete believed his father had purchased the car the student-athlete drove in the fall of 1995. The committee did not find sufficient evidence to conclude that the student-athlete knew that his father had not done so.
The committee commended the university for its thorough investigation of the case, noting that all but one of the violations were discovered by the university and reported to the NCAA. University investigators discovered that a number of fraudulent documents had been created without the university's knowledge in an attempt to hide NCAA violations. The committee's report noted, "Without the university's extensive investigative efforts in this matter, it is unlikely that sufficient information to support one of the more serious violations in this case would have been developed."
The NCAA Committee on Infractions heard this case September 21, 1996. Representatives of the university, Conference USA and the NCAA enforcement staff appeared before the Committee.
The violations found by the committee included:
During the summer of 1995, a men's basketball student-athlete had extensive personal use of a 1995 Ford Explorer owned by his summer employer. At the end of the student-athlete's summer employment, the employer also paid for the removal of a car stereo the student-athlete had installed. Because these benefits were not generally available to other part-time employees, they violated NCAA legislation. These violations did not involve any responsibility on the part of the university because the company and its president were not representatives of the university's athletics interests at the time of the violations. However, the university determined that the company and its president became representatives, or boosters, as a result of providing these benefits to the student-athlete.
From September 6 to December 5, 1995, the men's basketball student-athlete received extra benefits from the booster, his summer employer, when he was provided the exclusive use of a 1991 Honda Accord, insurance and payment for parking tickets. The student-athlete believed his father purchased the automobile for him.
On June 21, 1995, a men's basketball student-athlete received extra benefits from a booster who cosigned a credit application at an electronics store and provided local transportation and a lunch.
From February to May 1995, a booster who was a former volunteer strength coach made improper telephone and in-person recruiting contacts with, and impermissible cash offers to, a men's basketball prospective student-athlete and his summer basketball coach. An assistant men's basketball coach and the head men's basketball coach were aware of at least some of the contacts but failed to report the information to university administrators. The booster also had impermissible recruiting contacts with a second men's basketball prospect.
In June 1995, an assistant men's basketball coach provided a small amount of cash to a men's basketball student-athlete.
There were a number of secondary violations.
In determining appropriate penalties, the committee considered Louisville's corrective actions, including:
Adopted steps to improve documentation and rules compliance regarding telephone recruiting.
Implemented procedures to enhance compliance with NCAA guidelines on student-athlete employment, including reviewing the rules with student-athletes and providing information on the rules to summer employers.
Implemented a requirement for pre- and postsummer employment surveys for full scholarship student-athletes, including football and men's basketball, in addition to the postsummer audit for all sports.
Required all football and men's basketball student-athletes to complete automobile registration forms at the beginning of each school year. Assigned the university parking services office to monitor the information reported on the forms.
Implemented procedures to require volunteer coaches to pass the NCAA coaches certification test, fill out a detailed application form, consent to a background check and attend an orientation meeting for new personnel.
Tightened security at athletics events to ensure that media credentials are not transferred to unauthorized people.
Issued letters to two boosters informing them of their status as representatives of the university and cautioning them for their involvement in violations.
Issued letters of reprimand to an assistant men's basketball coach, part-time assistant men's basketball coach and the head men's basketball coach.
The Committee on Infractions adopted penalties self-imposed by the university as its own, including:
Prohibition against recruiting activities by an assistant men's basketball coach from November 17, 1995, to June 30, 1996, and imposition of a salary freeze for one year.
Decision not to hire a replacement for an assistant men's basketball coach for five months after he resigned, resulting in a reduction by one in the number of coaches for that period.
Disassociation of two representatives of the university's athletics interests.
Prohibition of all telephone contact between basketball coaching staff members and a prospective student-athlete and his family from July 4 to September 20, 1995.
Requirement that two assistant men's basketball coaches attend an NCAA regional compliance seminar.
The Committee on Infractions imposed penalties, including:
Two years of probation, beginning September 21, 1996.
Requirement to continue to develop and implement a comprehensive educational program on NCAA legislation.
Requirement to send the men's basketball coaching staff to an NCAA regional compliance seminar.
Recertification of the institution's current athletics policies and practices.
As required by NCAA legislation for any institution in a major infractions case, Louisville is subject to the NCAA's repeat-violator provisions for a five-year period beginning on the effective date of the penalties in this case, September 21, 1996.
Should the University of Louisville wish to appeal this decision, it must submit a written notice of appeal to the NCAA executive director no later than 15 days from the date of this release. The Infractions Appeals Committee, a separate group, hears such appeals.
The members of the Committee on Infractions who heard this case are Richard J. Dunn, divisional dean of humanities, University of Washington; Jack H. Friedenthal, dean of the school of law, George Washington University; Frederick B. Lacey, attorney, LeBoeuf, Lamb, Greene and MacRae, and a retired judge; Beverly F. Ledbetter, vice-president and general counsel, Brown University; James L. Richmond, retired judge and attorney; Yvonne (Bonnie) L. Slatton, chair of the department of physical education and sports studies, University of Iowa; and committee chair David Swank, professor of law, University of Oklahoma.
The complete report of the Committee on Infractions appears in the December 2 issue of The NCAA Register.
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