The NCAA Division III Committee on Infractions has placed Salem State College on two years of probation due to violations in the institution's men's soccer program.

The case (which was the first major infractions case involving a Division III institution since restructuring, and the federation of the membership's three divisions in 1997) primarily concerned violations of NCAA bylaws governing financial aid legislation, unethical conduct and extra benefits. It was the institution's first major infractions case in its 35-year membership with the NCAA.

The case began in January 2000 when the head men's soccer coach, the volunteer soccer coach and the volunteer coach's girlfriend/business partner arranged for or provided two loans in the amount of $11,900 to a men's soccer student-athlete for the purpose of assisting the student-athlete in paying his tuition. The student-athlete was told by the university's bursar that the unpaid tuition had to be paid in full before the start of the 2000 spring semester or the student-athlete would not be allowed to register for classes.

Upon obtaining the loans, the student-athlete paid his bill of $10,645 and kept the remaining money for personal use.

The committee's report states that the student-athlete and his mother obtained the first loan directly from the volunteer coach's girlfriend in the amount of $4,000. The second loan was obtained through the head coach, who gave $7,900 in cash to the student-athlete, at which time the volunteer coach's girlfriend reimbursed the head coach for the money he gave to the student-athlete.

In January 2001, Salem State informed the NCAA enforcement staff that the institution would self-report information that the head coach and a volunteer coach had arranged for a loan to be provided to a men's soccer student-athlete. The enforcement staff received the university's report in April 2001 and, after a 14-month investigation, an official letter of inquiry was sent to the president of the institution in August 2002. In November 2002, the Committee on Infractions and the enforcement staff received the institution's response to the letter of inquiry and later that month received written responses from the two involved coaches.

With regard to the violation of financial aid legislation through provision of an impermissible loan, the committee believes that although the head soccer coach's primary motivation in being involved with the provision of the second loan of $7,900 was to help the student-athlete remain enrolled in school, this does not absolve the coach of his responsibility to follow what is basic, universally understood NCAA legislation. Furthermore, in the committee's view, the seriousness of this violation was exacerbated by the fact that there is no athletically related financial aid in Division III.

The committee's rationale regarding unethical conduct involving the head coach and the volunteer coach stated that both coaches violated the provisions of ethical conduct by their involvement in this case. In addition, the head coach filed an annual certification statement falsely attesting that he had reported any knowledge of or involvement in any violations of NCAA legislation, even though he knew about the impermissible loan.

With regard to extra benefits, the head coach provided more than occasional meals to the student-athlete from February 1999 through January 2001. The student-athlete was renting an apartment in the head coach's home and during that time, the student-athlete was provided meals about three to four times per week.

The committee concluded that based upon the information provided by the student-athlete, which was corroborated by the head coach's wife, the head coach provided more than occasional meals to the student-athlete and his mother for a period in excess of a year, which constituted a violation of NCAA legislation. The committee further noted that by renting a room for a student-athlete in his home, the head coach placed himself and the student-athlete in circumstances under which violations of NCAA legislation were much more likely to occur.

In determining the appropriate penalties to impose, the committee considered the institution's self-imposed corrective actions and penalties. Among the actions the university has taken or will take are the following:

* The volunteer coach was terminated from his volunteer coaching position and permanently barred from any involvement with the institutions' athletics department due to his involvement in this case.

* The involved student-athlete was declared ineligible.

* All volunteer coaches will be required to attend the annual seminars produced by the athletics department staff concerning NCAA bylaws.

* The head coach was reprimanded for his involvement and has been reassigned to a position in which he does not have any coaching responsibilities or contact with student-athletes.

The Committee on Infractions agreed with and adopted 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 head men's soccer coach in the violations. The additional penalties imposed by the committee are as follows:

* Salem State shall be publicly reprimanded and censured.

* The institution shall be placed on two years of probation beginning February 5, 2003, and ending February 4, 2005.

* The institution's men's soccer team shall end its 2003-04 season with the playing of its last regularly scheduled, in-season contest and shall not be eligible to participate in any postseason competition, including a foreign tour, after that season. Moreover, during the 2003-04 academic year, the men's soccer team may not take advantage of the exceptions to the limitation in the number of men's soccer contests that are provided in Bylaw 17.19.5.3, regarding preseason contests and other exceptions to the maximum number of contest limitations.

* Pursuant to NCAA Bylaw 19.6.2.2-(e), for the 2000-01 academic year, the college's records regarding men's soccer will be reconfigured to reflect the vacation of the 12 contests in which the student-athlete who received the impermissible loan competed while ineligible during the 2000-01 season. This action will be so recorded in all publications in which men's soccer records for that season are reported, including, but not limited to, the institution's media guides, recruiting material and NCAA archives.

* The institution shall eliminate all off-campus recruiting activities in men's soccer during the 2003-04 academic year.

* The former head men's soccer coach and the former volunteer assistant soccer coach shall be informed in writing by the NCAA that due to their involvement in certain violations of NCAA legislation found in this case, if they seek employment or affiliation in an athletically related position at any NCAA member institution during a one-year period (February 5, 2003, to February 4, 2004), they and any involved institution shall be requested to appear before the Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of Bylaw 19.6.2.2-(k), which could limit their athletically related duties at any such institution for the designated period.

* The institution shall disassociate from its athletics program for at least one year the girlfriend/business partner of the former volunteer assistant coach, who became a representative of the university's athletics interests based upon her involvement in the violations. The provisions of this disassociation shall include the following:

a. Refraining from accepting any assistance from her, including aid in the recruitment of prospective student-athletes, the support of enrolled student-athletes or providing benefits for athletics department personnel;

b. Refusing her financial assistance or contributions (in cash or in kind) to the institution's athletics program;

c. Ensuring that no athletics benefits or privilege, including preferential athletics tickets, are provided to her, either directly or indirectly, that are unavailable to the public at large; and

d. Implementing other actions that the university determines to be within its authority to eliminate her involvement in the institution's athletics program.

* During this period of probation, the institution shall:

a. 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;

b. Submit a preliminary report to the director of the NCAA Committees on Infractions by March 31, 2003, setting forth a schedule for establishing this compliance and educational program; and

c. File with the committee's director annual compliance reports indicating the progress made with this program by December 15 of each year during the probationary period. Particular emphasis should be placed on adherence to NCAA legislation relating to benefits for student-athletes and the ethical conduct expectations for staff members at NCAA member institutions. 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 institution'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, Salem State shall be subject to the provisions of NCAA Bylaw 19.6.2.3, concerning repeat violators, for a five-year period beginning on the effective date of the penalties in this case (February 5, 2003).

The members of the Division III Committee on Infractions who heard this case are: Christopher Bledsoe, director of athletics, New York University; Jone Dowd, associate director of athletics, Catholic University; John Krogman, chair, assistant vice-chancellor for information services, University of Wisconsin, Platteville; and Alfred J. Lechner Jr., attorney in private practice, Princeton, New Jersey (public member).