NCAA News Archive - 2001

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Infractions case: Jacksonville University


Sep 10, 2001 2:29:48 PM


The NCAA News

In an indictment of Jacksonville University's former president and athletics administration, the NCAA Division I Committee on Infractions published findings of violations in the school's men's soccer and women's rowing programs.

Along with a number of secondary violations, the committee's report revealed violations of NCAA bylaws governing extra benefits, impermissible recruiting, unethical conduct, failure to report potential violations and lack of institutional control. In addition to a lengthy list of penalties self-imposed by the university, the committee placed the institution on probation for five years; issued show-cause penalties against the former head men's soccer coach and the former women's rowing coach; and vacated the school's participation in the 1998 Division I Men's Soccer Championship.

In its report, the committee noted that the current administration "demonstrably contradicted the previous leadership's blatant disregard of NCAA rules and obligations of membership." The report quoted from the current university president's testimony that at the time of the infractions, Jacksonville University had an "environment of noncompliance or disregard for rules fostered by a president who did not appreciate or respect the NCAA."

Adding to the university's disregard for rules compliance were the actions of two representatives of the school's athletics interests. Of particular concern to the committee were the actions of one such representative, who from the fall of 1996 through the spring of 1999 provided extra benefits, was actively engaged in the recruitment of men's soccer prospects, interfered with the university's admission procedures and circumvented the authority of the athletics department administration.

There also were findings that the wife of the former head soccer coach on at least five occasions in the summer of 1998 paid the registration fee for two prospects to take the Test of English as a Foreign Language (TOEFL). Prospects and student-athletes in men's and women's soccer and men's basketball from 1996-97 through 2000-01 were permitted to participate even though they had not been admitted to the university in accordance with the institution's regular published entrance requirements. In addition, enrolled student-athletes were permitted to participate even though they had not met NCAA satisfactory-progress standards.

Other findings included cost-free long distance telephone calls by several men's soccer student-athletes; participation by several women's rowing student-athletes who had either failed to be certified by the NCAA Initial-Eligibility Clearinghouse, failed to meet satisfactory-progress requirements or had exceeded the five-year period of eligibility, and unethical behavior of the former head men's soccer and head women's rowing coaches.

The committee also found that the university had demonstrated a lack of institutional control by the scope and nature of the violations, had failed to monitor recruitment practices in the men's soccer program and had failed to report potential violations to the university's conference office or to the NCAA.

The committee's report gave particular attention to the former university president's "cavalier attitude toward NCAA rules and regulations." Evidence also was presented to the committee that the former president threatened to relieve the former director of athletics if he did not explicitly follow the former president's directives.

The committee's report even quoted from the opening remarks of the current president at the institution's hearing before the committee. Specifically:

* The former president "allowed boosters from outside the university to become much, much more involved than they should have been with regard to recruiting and getting students to" come to Jacksonville University.

* "The boosters were dealing directly with the coach, athletics director and others, and acting as if they were agents of the (former men's soccer) coach."

* "Some of (the former president's) quotations in the course of the inquiry indicated that, as the president of the university, he did not want anyone telling him how to do things, particularly with regard to athletics."

* "(The former president) did not appreciate or respect the NCAA or the relationship of an institution participating as a member of the NCAA, and his attitude permeated the men's soccer program."

In determining the appropriate penalties to impose, the committee considered the institution's self-imposed corrective actions and penalties, including the following:

* The university has established a broad-based compliance committee with representatives from admissions, financial aid, the business office and academic counseling services. The committee membership also includes the compliance coordinator and the NCAA faculty athletics representative, who will chair the committee. This compliance committee will be required to meet on a monthly basis and the chair will report monthly to the president. One of its first responsibilities will be to establish procedures for the review of information concerning possible violations.

* The university is reinforcing its recently appointed NCAA certification committee, ensuring that it develops consistent, fair and NCAA-compliant initial- and continuing-eligibility certification standards, and incorporating its standards into appropriate university publications. The chair of the committee will report quarterly to the president.

* The university is redefining and reemphasizing the role of its faculty athletics committee, which focuses on academic integrity and student life issues as they affect student-athletes.

* The university will require the director of athletics to meet with the compliance coordinator at least biweekly to discuss the institution's monitoring and educational efforts. Since the director of athletics also is the head men's basketball coach, the assistant director of athletics for compliance will report to the faculty athletics representative and the president for all monitoring and investigative activities involving men's basketball.

* The university is reappointing its faculty athletics representative and providing him with more time to devote to those responsibilities. A job description specifying duties and responsibilities will be provided. The faculty athletics representative will meet at least monthly with the president to discuss the institution's compliance efforts.

* The university is initiating a program to identify representatives of the institution's athletics interests and provide a rules education program for them.

* The university has hired an outside consultant to conduct a review of eligibility certification and test a random sample of current student-athletes to ensure that they are eligible.

* The university is continuing to develop compliance and rules education programs for all athletics department staff and student-athletes.

* The university is requesting an annual conference review focusing on eligibility certification, financial aid, rules education and NCAA mandatory reporting.

* The university is forwarding squad lists and eligibility forms for all conference and nonconference sports to the Atlantic Sun Conference for review.

* The university is funding and requiring that its compliance director, faculty athletics representative, registrar, student-athlete academic advisor and financial aid director attend an NCAA regional compliance seminar in both 2001 and 2002.

* The university is enhancing the position of assistant athletics director for compliance by eliminating all other responsibilities for the individual, providing the individual with more administrative participation and visibility, plus hiring interns or work-study students to assist.

* The university is updating its athletics department policies and procedures manual to incorporate the changes being implemented. The new manual will be distributed to all coaches and appropriate administrators.

* The university is developing an audit program for its sports camps and clinics that will emphasize compliance issues.

* The university is implementing the NCAA's compliance assistance software for the 2001-02 academic year.

* The university suspended the former men's soccer coach for eight games during the 1999 season due to his involvement in violations set forth in this inquiry. The university declined to renew his contract for the 2000 season.

* The university asked for and received the resignation of its women's rowing coach in the year 2000 for his involvement in violations set forth in this inquiry.

* The university encouraged its former director of athletics to seek other employment because of his lack of supervision of the athletics department.

* The university prohibited the men's soccer team from participating in postseason competition for the 2000 season.

* The university cancelled its scheduled hosting of the Trans America Athletic Conference 2000 Men's Soccer Championship.

* The university will reduce the number of total athletically related financial awards in men's soccer by two equivalency scholarships during the next two academic years, thereby limiting the institution to 7.9 scholarships under current rules. This means that the university has voluntarily cut back its men's soccer scholarships by two whole scholarship equivalents for three consecutive years: 2000-01, 2001-02 and 2002-03.

* The university will prohibit the awarding of any initial athletically related financial aid to student-athletes in men's soccer with citizenship outside the United States for the 2001-02 academic year.

* The university has disassociated two athletics representatives as a result of their involvement in violations in this inquiry from all interaction with the university's athletics department for a period of four years in one case and permanently in the other. The athletics representative who was permanently disassociated refused to cooperate with the investigation. These disassociations include but are not limited to:

* Refraining from accepting any assistance from them that would aid in the recruitment of prospective student-athletes or the support of enrolled student-athletes;

* Refusing financial assistance or contributions to the institution's athletics program from them;

* Ensuring that no athletics benefit or privilege is provided to them, either directly or indirectly, that is not available to other alumni;

* Implementing other actions that the institution determines to be within its authority to eliminate any possible involvement in the institution's athletics program;

* Forbidding any contact between the athletics representatives and employees of the university involving prospective or enrolled student-athletes; and

* In the case of the permanent disassociation, refusing to be involved with any business ventures with the athletics representative or any company owned or operated by him.

* The university has disassociated the former head men's soccer coach on a permanent basis as a result of his involvement in violations covered by this inquiry. This disassociation will include but not be limited to:

* Refusing financial assistance or contributions to the institution's athletics program from him;

* Ensuring that no athletics benefit or privilege is provided to him, either directly or indirectly, that is not available to other alumni, including any benefits arising from his membership in the university's athletics hall of fame;

* Forbidding any contact between him and members of the current men's or women's soccer coaching staff;

* Instructing current student-athletes to not have any telephonic, in-person or other contact with him, including work in any capacity in any camp owned, operated or managed by him while they have eligibility remaining;

* Refusing to honor him at university functions for his achievements at the university as a student-athlete or a coach; and

* Implementing other actions the university determines to be within its authority to eliminate any possible involvement on his part in the institution's athletics department.

* The university will vacate records of the institution's participation in the 1998 NCAA Division I Men's Soccer Championship by eliminating reference to it in university publications.

The Division I Committee on Infractions agreed with and approved of the actions taken by the university, but it imposed additional penalties because of the serious nature of the violations in the case, including the involvement of the former head men's soccer coach in significant violations and the considerable lack of institutional control. The additional penalties are:

* Public reprimand and censure.

* Five years of probation from August 30, 2001.

* The former head men's soccer coach will be informed in writing by the NCAA that due to his involvement in certain violations of NCAA legislation found in this case, if he seeks employment or affiliation in an athletically related position at an NCAA member institution during the period of time commencing with the date this report was released (August 30, 2001) and concluding on May 10, 2005 (five years after his release from Jacksonville), he and the involved institution shall be requested to appear before the Division I Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of Bylaw 19.6.2.2-(l), which could limit the coach's athletically related duties, including his relationships with representatives of the institution's athletics interests, at the new institution for a designated period.

* The former women's rowing coach will be informed in writing by the NCAA that due to his involvement in certain violations of NCAA legislation found in this case, if he seeks employment or affiliation in an athletically related position at an NCAA member institution during the period of time beginning with the date this report was released (August 30, 2001) and ending on August 29, 2003, he and the involved institution shall be requested to appear before the Division I Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of Bylaw 19.6.2.2-(l), which could limit the coach's athletically related duties at the new institution for a designated period.

* Regarding the 1998 Division I Men's Soccer Championship, pursuant to NCAA Bylaw 19.6.2.2-(e)-(2), the university will vacate its team record as well as the individual records of any student-athletes who participated in this championship while ineligible. The university will vacate the records of all men's soccer contests in which ineligible student-athletes participated during the 1996-97 through 1999-00 academic years. University records regarding men's soccer, as well as the record of the former head men's soccer coach, will be reconfigured to reflect the vacated records. This action will be recorded in all publications in which men's soccer records for the 1996-97 through the 1999-00 seasons are reported, including, but not limited to, university media guides and recruiting material and university and NCAA archives. Any public reference to tournament performances during this time shall be removed, including, but not limited to, athletics department stationery and banners displayed in public areas such as the venue in which the men's soccer team competes.

* During this period of probation, the institution shall:

* Continue to develop and implement a comprehensive educational program on NCAA legislation, including seminars and testing, to instruct the coaches, the faculty athletics representative, all athletics department personnel and all university staff members with responsibility for the certification of student-athletes for admission, retention, financial aid or competition;

* Shall submit a preliminary report to the director of the NCAA infractions committees by October 14, 2001, setting forth a schedule for establishing this compliance and educational program; and

* File with the committee's director annual compliance reports indicating the progress made with this program by June 15 of each year during the probationary period. Particular emphasis should be placed on the control and education of athletics representatives and adherence to NCAA recruiting legislation. The reports must also include documentation of the university's compliance with the penalties (adopted and) imposed by the committee.

* At the conclusion of the probationary period, the university's president shall 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, Jacksonville 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, which is August 30, 2001.

The members of the Division I Committee on Infractions who heard this case are: Richard J. Dunn, professor of English, University of Washington; Jack Friedenthal, committee chair and professor of law, George Washington University; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; Andrea Myers, director of athletics at Indiana State University; James Park Jr., attorney and retired judge, Frost Brown Todd LLC, Lexington, Kentucky; Josephine Potuto, professor of law, University of Nebraska, Lincoln; and Thomas E. Yeager, commissioner, Colonial Athletic Association.


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