The NCAA Division I Committee on Infractions has placed Tennessee State University on probation for three years for violations of NCAA bylaws relating to impermissible tryouts, out-of-season practice activities, recruiting inducements, coaching staff limitations and ethical conduct in the men's basketball program.

This is the university's second major infractions case in the past four years, so the committee considered the institution to be a repeat violator under NCAA legislation.

The committee found that during the 2000-01 and 2001-02 academic years, the former head coach organized or observed numerous pick-up basketball games for prospective student-athletes who were making their official paid visits and unofficial visits to the institution's campus. The committee determined that the pick-up games were held so that the former head coach and other members of the men's basketball coaching staff could evaluate the prospects' abilities. The pick-up games included men's basketball student-athletes and were played either on campus at the Howard C. Gentry Complex, the institution's main basketball facility, or at a local YMCA when the complex was not available. The committee found that at least 10 prospective student-athletes were evaluated while competing in these games.

The committee also concluded that during the 2000-01 and 2001-02 academic years, the former head coach required men's basketball student-athletes to participate in mandatory basketball-related activities that resulted in numerous violations, including: mandatory participation in out-of-season open-gym play (pick-up games); mandatory participation in preseason skill instruction; exceeding the weekly and daily hour limitations for basketball-related activities; and the observation of preseason and postseason pick-up games, at least in part, by the former head coach and his assistant coaches.

Other violations found by the committee include the following:

During May and June 2002, and while recruiting one of the prospects, members of the men's basketball coaching staff provided impermissible round-trip automobile transportation for the prospect between Atlanta and Nashville, Tennessee, to assist the prospect in completing transferable degree credit.

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On at least two occasions during the 2001-02 academic year, a then-restricted assistant men's basketball coach accompanied another former assistant coach to recruit off campus. The committee concluded that the former head coach instructed the restricted coach to recruit off campus.

During the 2000-01 and 2001-02 academic years and on one occasion in July 2002, the institution's former manager performed off-campus recruiting activities by evaluating prospective student-athletes for the men's basketball program. The committee found that the former head coach was aware of the team manager's recruiting activities.

The committee also determined that the former head coach acted contrary to the principles of ethical conduct by his involvement in the violations, which the committee found demonstrated a knowing effort on his part to operate the institution's intercollegiate basketball program contrary to NCAA legislation. The committee concluded that the former head coach provided false and misleading information to the institution and to the NCAA enforcement staff.

The committee also found that secondary violations had occurred involving offers and inducements.

In determining the appropriate penalties to impose, the committee noted that the university was considered a repeat violator under NCAA legislation since the institution had appeared before the committee in 1999 for a case involving the football program.

The committee considered several mitigating factors in its determination of penalties, including the university's cooperation in the investigation and its self-imposed penalties and corrective actions. The committee noted that the institution's cooperation, while commendable, met the standard of what is expected of NCAA member institutions, but was not so exemplary as to justify the imposition of no additional penalties. The committee also noted that the university was not charged with a failure to monitor or lack of institutional control, and none of the coaches who were involved in the violations are still employed by the university. The committee further recognized that the university had made significant strides in rules education and in its commitment to NCAA rules compliance since the 1999 infractions case.

As a result of these mitigating factors, the committee did not impose all of the presumptive penalties for major violations specified in NCAA bylaws, nor did it impose the penalties for repeat violators. The following penalties were imposed by the committee or were self-imposed by the university and adopted by the committee. Those penalties that were self-imposed by the university are so noted.

Public reprimand and censure.

Three years of probation, beginning October 24, 2003.

The institution shall reduce grants-in-aid in men's basketball by one each for the 2004-05 and 2005-06 academic years. Under current rules, this limits the institution to 12 grants for those two years. (The university had proposed a reduction of one grant for only the 2004-05 academic year.)

The number of evaluation days for the men's basketball program will be reduced from 40 to 35 for the 2003-04 and 2004-05 academic years. (This penalty was self-imposed by the university.)

The number of expense-paid visits to the institution's campus in men's basketball will be limited to no more than 10 during each of the 2003-04 and 2004-05 academic years. (This penalty was self-imposed by the university.)

The former head coach will be informed in writing by the NCAA that because of his involvement in certain violations of NCAA legislation found in this case, he will be subject to a three-year show-cause provision. If he seeks employment or affiliation in an athletically related position at an NCAA member institution during a three-year period (from October 24, 2003, to October 23, 2006), he and any involved institution must appear before the Division I Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of NCAA Bylaw 19.5.2.2-(1), which could limit the head coach's athletically related duties at any such institution for a designated period.

The committee required that during the probationary period, the university shall continue to develop and implement a comprehensive educational program on NCAA legislation and submit periodic reports to the NCAA. The university also is required to submit, to the director of the NCAA Committee on Infractions, a preliminary report that sets forth a schedule for establishing this compliance and educational program. The institution also must file annual compliance reports indicating progress made with the program and placing particular emphasis on adherence to NCAA legislation relating to out-of-season practice, tryouts, coaching staff limitations and monitoring of its athletics programs. The reports must also include documentation of the university's compliance with the penalties adopted and imposed by the committee. 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, Tennessee State is subject to the provisions of NCAA Bylaw 19.5.2.3, concerning repeat violators, for a five-year period beginning on the effective date of the penalties in this case (October 24, 2003).

The members of the NCAA Division I Committee on Infractions who heard this case are: Thomas Yeager, committee chair and commissioner, Colonial Athletic Association; Paul T. Dee, director of athletics, University of Miami (Florida); Alfred J. Lechner Jr., attorney, Princeton, New Jersey; Gene A. Marsh, professor of law, University of Alabama School of Law; Andrea L. Myers, director of athletics, Indiana State University; James Park Jr., attorney, Lexington, Kentucky; Josephine R. Potuto, professor of law, University of Nebraska College of Law, and Eugene D. Smith, director of athletics, Arizona State University.