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The NCAA News -- February 15, 1999

Infractions appeal: Gonzaga University

The NCAA Division I Infractions Appeals Committee has upheld the show-cause penalty involving the former director of athletics at Gonzaga University.

The former athletics director appealed both findings and the penalty of the NCAA Division I Committee on Infractions. His appeal asserted that the four-year, show-cause penalty imposed by the Committee on Infractions was excessive.

The show-cause penalty imposed on the former director of athletics would require any NCAA member institution seeking to employ him in an athletically related position during the next four years to appear before the Committee on Infractions. The Committee on Infractions would be responsible for determining whether the former athletics director's duties should be limited for a designated period of time.

The violations in the case originated from the fact that the former director of athletics knowingly accepted checks that should have been deposited into university-controlled accounts. Instead, the funds were deposited into a non-university account controlled solely by the former director of athletics.

The former director of athletics appealed the following findings made and penalty imposed by the Division I Committee on Infractions:

  • During the period 1990-97, the university lacked appropriate institutional control in its athletics programs in that it failed to adequately monitor the former director of athletics' use of university funds to pay recruiting and other athletics department expenses.

  • During the period 1989-97, the former director of athletics violated the principles of ethical conduct.

  • The four-year show-cause order imposed on the former director of athletics by the Committee on Infractions was excessive.

    Upon a review of the record, the Division I Infractions Appeals Committee determined that the findings of the Committee on Infractions were not clearly contrary to the evidence, the standard required by NCAA Bylaw 32.10.2(a).

    The Infractions Appeals Committee first considered a procedural matter regarding the former athletics director's appeal of lack of institutional control. The university did not appeal the finding. The Infractions Appeals Committee said the actions of the former athletics director were so tied to the finding of lack of institutional control that it would allow the appeal.

    Regarding the findings, the Infractions Appeals Committee determined that the former director of athletics' use of the account for 17 years was evidence of lack of institutional control, and there were insufficient measures to detect the existence of the account or the actions of the former athletics director.

    Additionally, the Infractions Appeals Committee said the assertion of a four-year statute of limitations by the former athletics director was not well founded because of a pattern of willful violations that began before and continued into the four-year period.

    The Infractions Appeals Committee review of the second finding determined that NCAA bylaws clearly state that an outside account may not be used for recruiting purposes. Further, the Infractions Appeals Committee said the former athletics director had a duty to disclose the existence of the account both as a part of his employment responsibilities and as a member of the institution's self-study certification committee. The failure to disclose contributed to the finding of unethical conduct.

    With regard to the show-cause penalty, the Infractions Appeals Committee determined the length of the penalty was not excessive given the span of the concealment of the account, the former director of athletics' conduct in his role as the institution's chief athletics administrator, his role on the NCAA certification self-study committee, and the purposes of the NCAA enforcement program.

    The members of the Division I Infractions Appeals Committee who heard the case are: Katherine E. Noble, Big Sky Conference; Terry Don Phillips, Oklahoma State University; Michael L. Slive, chair, Conference USA; Robert A. Stein, American Bar Association; and Marilyn V. Yarbrough, University of North Carolina, Chapel Hill.

    A copy of the complete report from the NCAA Division I Infractions Appeals Committee is available upon request or online at NCAA Online (www.ncaa.org).