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The Division I Committee on Infractions has placed Prairie View A&M University on probation for one year for violations of NCAA bylaws in its football program. The committee found violations of NCAA financial aid and extra-benefit bylaws and that the former head football coach failed to exhibit exemplary conduct expected of coaches at NCAA member institutions.
The Committee on Infractions determined that the violations were limited in scope but still were major in nature. The case involved the former head football coach, who used impermissible funds to pay for a grant-in-aid for a football student-athlete in 1998.
Specifically, the former coach opened an account at a credit union in January 1998 to be used for expenses related to the football program. The coach did not know the account was contrary to NCAA bylaws.
In the fall of 1997, the university recruited a football transfer student-athlete who enrolled at midyear. The coach believed scholarship funds were available because several football student-athletes who had received grants-in-aid had left the program. The head coach later learned that the scholarship funds were not available. He then used money from the fund he had established to pay for the student-athlete's fees and later borrowed $1,200 from the credit union to pay for the student-athlete's housing. Several months later, an assistant coach provided $969.62 to pay for spring tuition for the student-athlete with the understanding he would be reimbursed.
The committee found the violations major, but said there were a number of mitigating circumstances, including that the former coach had done what he believed was in the best interests of a student-athlete who needed financial aid, the financial aid offer was made in the good-faith belief that university funds were available, that his decision to pay the financial aid was from a sense of obligation to make good on his offer and that he took out a personal loan to do so. In addition, the financial aid did not cause the university to exceed the permissible grant-in-aid limits in football and no expenses were provided beyond the value of a full grant-in-aid. The coach also cooperated fully with the investigation and appeared at the hearing.
The committee adopted as its own the following penalty self-imposed by the institution:
In July 1999, the head football coach was placed on administrative leave while the university's investigation continued. Effective October 31, 1999, the head football coach's employment with the institution was terminated.
The committee imposed only a very limited number of penalties because of the university's self-disclosure and self-report and the limited scope of the violations. The following penalties were imposed:
Public reprimand and censure.
One year of probation from April 17, 2001.
During the probationary period, the university will 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, Prairie View A & M is subject to the NCAA's repeat-violator provisions for a five-year period beginning April 17, 2001, the effective date of the penalties in this case.
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; Frederick B. Lacey, attorney and retired judge, LeBoeuf, Lamb, Greene & MacRae, Newark, New Jersey; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; James Park Jr., attorney and retired judge, Frost Brown Todd LLC, Lexington, Kentucky; Josephine R. Potuto, professor of law, University of Nebraska, Lincoln; and Thomas E. Yeager, commissioner, Colonial Athletic Association.
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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