The NCAA Division III Committee on Infractions has placed Dominican University (Illinois) on probation for two years for violations in the men's tennis program, including a lack of institutional control. The committee also found that the university's former head tennis coach violated the NCAA principles of ethical conduct, and it imposed a five-year show cause order on him for permitting an ineligible student-athlete to practice and compete under an assumed name.

The case centers on violations of bylaws concerning ineligible competition, unethical conduct and institutional control.

This was the university's first major infractions case.

The committee found that the head men's and women's tennis coach at the university knowingly allowed a student-athlete to compete while ineligible during the entire 2002-03 academic year. The head coach also allowed the student-athlete to compete under an assumed name, specifically the name of an injured student-athlete who was sitting out the season. The ineligible student-athlete won the 2003 Northern Illinois-Iowa Conference men's tennis tournament championship in singles and was on the doubles team that also won the championship.

The director of athletics and the senior woman administrator reported that they each had conducted individual conversations with the head coach before spring 2003 indicating that the student-athlete was not eligible; however, the institution did not ensure that the student-athlete did not compete. The committee noted that "attendance at any of the men's tennis contests by the university's athletics administrators would have detected the violation."

The university athletics administration became aware of the violation when a former student-athlete informed the associate director of athletics on April 29, 2003, several days after the end of the conference tournament. The university immediately reported the violation to the NCAA.

The committee found that there was a failure to exert appropriate institutional control and monitoring in the conduct and administration of the men's tennis program in that the institution:

Failed to ensure that the student-athlete did not practice or represent the institution in intercollegiate men's tennis competition after determining that he was not eligible; and

* Did not have appropriate procedures in place to monitor either the head coach or the men's tennis program.

The committee noted that in its view, "the fact that the student-athlete was able to practice and compete for the entire 2003 season without detection from the athletics administration demonstrated a clear lack of institutional control."

The committee also found that the head coach violated the principles of ethical conduct with his knowing effort to operate the university's men's tennis program contrary to NCAA rules. The head coach admitted that he arranged for the student-athlete to represent the institution in intercollegiate athletics competition knowing that the student-athlete was ineligible and that the student-athlete competed under another student-athlete's name. Associated documentation, testimony from members of the men's tennis team and other information further supported this conclusion.

In determining appropriate penalties, the committee considered the institution's self-imposed penalties and corrective actions, and it also took into account the institution's recent acceptance into the NCAA as a Division III member. (Dominican became a full member of Division III beginning with the 2002-03 academic year after completion of the NCAA's provisional membership process.)

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.

Two years of probation beginning June 16, 2004, and ending June 15, 2006.

All contests in which the ineligible student-athlete participated were vacated (self-imposed by the university).

The university's records regarding men's tennis as well as the record of the former head coach will be reconfigured to reflect the vacated records and will be so recorded in all publications in which men's tennis records are reported, including university and NCAA publications and archives.

The institution's men's tennis team shall end its 2004-05 season with the playing of its last regularly scheduled, in-season contest and shall not be eligible to participate in any postseason competition, including the conference championship tournament, after that season. During the 2004-05 academic year, the men's tennis team may not take advantage of the exceptions to the limitation in the number of tennis contests that are provided in Bylaw 17.25.5.3, regarding preseason and postseason contests and other exceptions to the maximum number of contest limitations.

The university terminated the employment of the head tennis coach April 30, 2003, upon discovering the violation.

If the head coach had still been employed in athletics at the institution, the university would have been required to show cause, in accordance with Bylaw 19.5.2.2-(1), why it should not be subject to additional penalties if it had failed to take appropriate disciplinary action against him.

The former head tennis coach will be informed in writing by the NCAA that due to his involvement in certain violations of NCAA legislation in this case, he is subject to a show-cause order. If he seeks employment or affiliation in an athletically related position at an NCAA member institution in any division during the period of time beginning with the release of this report (June 16, 2004) and ending June 15, 2009, he and the involved institution shall be requested to appear before the NCAA Division III Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures, which could limit the coach's athletically related duties at the new institution during the designated five-year period.

Within 30 days of receipt of this report, the institution's chief executive officer shall contact the NCAA membership services staff in writing and formally request a compliance review.

The committee required that during the probationary period, the university shall 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 Committees on Infractions a preliminary report that sets forth a schedule for establishing this compliance and educational program. The institution also shall institute a policy in which it ensures that all squad lists are confirmed for accuracy by an athletics administrator other than the coach for the respective sport. The institution also must file annual compliance reports indicating progress made with the program and placing particular emphasis on NCAA legislation relating to monitoring of student-athletes' eligibility, certification of student-
athletes for admission, retention, financial aid or competition, and institutional control of the athletics program.

The report also must include documentation of the university's compliance with the penalties imposed and adopted 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, Dominican 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 (June 16, 2004).

The members of the NCAA Division III Committee on Infractions who heard this case are: Jone Dowd, committee chair and senior woman administrator, Catholic University; Kenneth Magarian, athletics director, Westfield State College; Branwen Smith-King, senior woman administrator, Tufts University; and Gerald Young, associate athletics director, Carleton College.