The NCAA News - News FeaturesDecember 23, 1996
Montana State placed on probation for two years
The NCAA Committee on Infractions has placed the athletics program at Montana State University-Bozeman on probation for two years for NCAA rules violations involving academic fraud, recruiting and unethical conduct. In addition, the committee found a lack of institutional control resulting from the university's failure to adequately monitor its men's basketball program.
The committee commended the university for discovering and self-reporting the violations. It noted that although academic fraud is a very serious matter, the scope of the violations in this case was limited, which is reflected in the penalties imposed.
The committee considered the summary-disposition report for this case at its meeting September 22, 1996.
The committee found NCAA rules violations, including:
During the summer of 1993, an assistant men's basketball coach improperly assisted a prospective student-athlete with his enrollment in three correspondence courses from Southeastern College of the Assemblies of God and arranged payment for the classes. None of the course materials were sent to the prospect but were mailed to the assistant coach's apartment or to a friend of the assistant coach. The assistant coach sent in several forms for one of the courses, including forms concerning proctoring arrangements.
The committee concluded that the prospective student-athlete received fraudulent academic credit and that the assistant coach was aware that the student-athlete did not complete the course work. Without that credit, the prospective student-athlete would not have graduated from junior college and would not have been eligible for athletics participation. The institution awarded the prospect an athletics scholarship and allowed him to practice and compete during the 1993-94 academic year even though he was not eligible.
The university lacked appropriate institutional control over the administration of the men's basketball program since it failed to closely monitor the recruitment, academic progress and enrollment of a men's basketball prospect. The head men's basketball coach misinterpreted NCAA rules and failed to ensure that the assistant men's basketball coach was following existing compliance procedures.
The assistant men's basketball coach involved in this case violated NCAA standards of ethical conduct by not cooperating with the investigation.
The case was handled under the summary-disposition procedure, which the institution and the NCAA enforcement staff can agree to follow in major infractions cases. This process may be used if the member institution, involved individuals and NCAA enforcement staff agree on the facts and that those facts constitute major violations of NCAA legislation.
The institution proposes suggested penalties, which the Committee on Infractions can accept, reject or change. In this case, the committee accepted the proposed penalties but decided to impose additional penalties, which the university accepted. The former assistant men's basketball coach, an involved individual, chose not to participate in the processing of this case.
The committee adopted the following penalty that was self-imposed by Montana State:
Reduction by one in the number of athletics scholarships in basketball for the 1996-97 academic year, which limits it to 12.
Montana State also took many corrective actions, which were considered by the committee in imposing its penalties, including:
Hired an associate director of athletics for compliance.
Developed a compliance manual.
Established procedures for distributing compliance information to new coaches.
Developed a form for the faculty athletics representative and an admissions official to sign before the compliance coordinator will approve a new scholarship.
Implemented a mandatory educational program for the basketball staff, including additional rules education for all men's basketball coaches.
Revised procedures for the review and approval of junior college transfer recruits.
Issued a letter of concern to the head men's basketball coach regarding his failure to exercise appropriate supervision during the recruitment of the involved prospective student-athlete.
Although the committee approved of the actions taken by the institution, it decided to impose additional penalties including:
Two years of probation from September 22, 1996, the date the committee considered the summary-disposition report.
Maximum of two initial scholarships in men's basketball during the 1997-98 academic year.
Reduction by one in the number of men's basketball scholarships during the 1997-98 academic year, to 12.
Forfeiture of all contests in which the ineligible men's basketball student-athlete participated during the 1993-94 academic year.
Requirement that the institution send the head men's basketball coach to an NCAA compliance seminar.
Recertification of the university's athletics policies and practices.
Development of a comprehensive educational program on NCAA rules.
If the former assistant men's basketball coach seeks employment in an athletics-related position at an NCAA member institution during a five-year period, from April 30, 1994, to April 30, 1999, he and the involved institution will be asked to appear before the committee to determine whether the former assistant coach's athletics-related duties should be limited at the new institution.
The committee also noted that if the former assistant men's basketball coach had still been employed by the university and the university had failed to take appropriate disciplinary action against him, the university might have been subject to additional penalties.
As required by NCAA legislation for any institution in a major infractions case, Montana State is subject to the NCAA's repeat-violator provisions for a five-year period beginning on the effective date of penalties, September 22, 1996.
Montana State admitted the violation of NCAA rules under the summary-disposition procedure. Because the university agreed to participate in this process, admitted the violations of NCAA rules and accepted the penalties proposed by the committee, it waived the right to appeal the decisions made in this case. Because the involved coach chose not to participate in the processing of this case, he also has waived his opportunity to appeal.
The members of the committee who heard this case are Richard J. Dunn, divisional dean of humanities, University of Washington; Roy F. Kramer, commissioner, Southeastern Conference; Frederick B. Lacey, attorney, LeBoeuf, Lamb, Greene and MacRae, and a retired judge; Beverly E. Ledbetter, vice-president and general counsel, Brown University; James L. Richmond, retired judge and attorney; 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 will be published in the January 6 issue of The NCAA Register.
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