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Baylor University has been placed on probation for two years for violations governing recruiting, extra benefits and financial aid in the men's tennis program. The Division I Committee on Infractions also considered an allegation involving a former assistant football coach, but did not make a finding.
Violations in the men's tennis program were discovered and self-reported to the NCAA by university officials and centered on the improper provision of financial aid to two student-athletes.
The committee determined that between September 1997 and March 1999, three former men's tennis student-athletes, who were receiving full noncountable grants-in-aid but no longer had remaining eligibility, were directed by the head men's tennis coach to make payments toward the rent of two current student-athletes receiving partial scholarships.
One of the post-eligible student-athletes paid approximately $850 toward the rent and two others paid approximately $225 each. The payments violated NCAA financial aid legislation because they were not administered by the university and caused the school to exceed maximum equivalency awards.
The university and the head tennis coach maintained that the coach suggested the three student-athletes contribute toward rent payments; the NCAA's enforcement staff contended the head coach directed the student-athletes to make the payments. The Committee on Infractions concluded that the post-eligible student-athletes felt obligated to provide the money, a major violation of financial aid rules.
The committee also said it was troubled by the head coach's actions and "firmly believed that he should have been aware that the rent payment scheme he foisted on post-eligible student-athletes was, at best, questionable under NCAA legislation, and at worst, a deliberate attempt to circumvent NCAA financial aid equivalency limits in the sport of men's tennis." The committee did not find a violation of ethical conduct against the coach because of a conversation between the coach and the university's compliance officer that may have caused the coach to have inaccurate information about financial aid legislation.
In its report, the committee also stated that it carefully weighed evidence in an allegation against a former assistant football coach involving improper recruiting inducements. Ultimately, the committee said it should not make a finding because it did not have information that was "credible, persuasive and of a kind on which reasonably prudent persons rely in the conduct of serious affairs," according to Bylaw 32.7.6.2.
As it determined appropriate penalties to impose, the Committee on Infractions considered the following self-imposed penalties and corrective actions taken by the university:
Declared two student-athletes ineligible and withheld them from two matches and required both student-athletes to repay the money they received from the rent subsidies.
Conducted rules education with the men's tennis team.
Issued a letter of reprimand to be included in the head men's tennis coach's permanent record.
Required the head men's tennis coach to attend one of the NCAA compliance seminars at his own expense.
Reduced the available financial aid in men's tennis for the 2000-01 academic year by twice the dollar amount of the total value of excess aid received by the two student-athletes.
Baylor could have been subject to repeat-violator penalties because its last case before the committee occurred within the past five years. However, the committee said the violations in this case were limited in number and scope and were dissimilar to penalties in the previous case in choosing not to impose repeat-violator penalties. Because the case involved serious violations of financial aid legislation and the university was making a second appearance before the Committee on Infractions in a relatively short period of time, these additional penalties were imposed:
Public reprimand and censure.
Two years of probation beginning December 21, 2000.
In addition to a self-imposed reduction in financial aid in men's tennis in 2000-01, the university will further reduce grants-in-aid by one additional equivalency during the 2001-02 academic year. (The men's tennis program will be limited to 3.5 total equivalencies during 2001-02.)
The university will issue a letter of reprimand to be included in the permanent record of the assistant director of athletics for compliance.
During the probationary period, the university will continue to develop and implement a comprehensive education program on NCAA legislation and submit periodic reports to the NCAA. At the end of the probationary period, the university's president will provide a letter to the committee affirming that the university's current athletics policies and practices conform to all requirements of NCAA regulations.
As required by NCAA legislation for any institution involved in a major infractions case, Baylor remains subject to the NCAA's repeat-violator provisions for a five-year period beginning on the effective date of the penalties, in this case, December 21, 2000.
The members of the Division I Committee on Infractions who heard this case are: Jack Friedenthal, committee chair and professor of law, George Washington University; Richard J. Dunn, professor of English, University of Washington; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; James Park Jr., attorney and retired judge, Frost Brown Todd LLC, Lexington, Kentucky; and Bonnie Slatton, chair, department of physical education and sports studies, University of Iowa (former member of the committee who substituted for this case).
A copy of the complete report from the Division I Committee on Infractions is available on NCAA Online at www.ncaa.org.
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