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The NCAA Division I Committee on Infractions has placed Texas Christian University on two years of probation and penalized the former head track coach for violations involving impermissible inducements, extra benefits, academic fraud, unethical conduct and failure by the institution to monitor its track and field program.
"The former head coach's purpose in providing these inducements and benefits was to gain an unfair competitive advantage," said Gene Marsh, chair of the Committee on Infractions and a law professor at the University of Alabama, Tuscaloosa. "These impermissible activities were used to recruit, retain and ensure the eligibility of a significant number of world-class student-athletes."
Marsh noted that 16 of the 22 involved student-athletes finished in the top 10 in 43 different events at the NCAA indoor and outdoor track and field championships.
TCU and the NCAA enforcement staff conducted a joint investigation, and the two sides were in substantial agreement as to the facts of the case. The former head track coach, whose contract has been terminated by the institution, refused requests to be interviewed by investigators or appear before the Committee on Infractions.
"The institution fully cooperated and worked collaboratively with NCAA investigators on this matter," Marsh said. "TCU should be commended not only for its cooperation, but also for self-imposing significant, meaningful penalties that were appropriate to the nature of the violations."
The violations were first revealed by an assistant track coach in September 2004 during an interview with the institution on an unrelated matter. The resulting investigation, according to the committee's public infractions report, revealed a "pattern of willful violations on the part of the former head coach and former assistant coaches" dating back to 1997.
On multiple occasions, the former head coach directed or condoned the use of academic fraud by several former assistant coaches who were helping student-athletes and prospects with their academic work.
In 1997, a former assistant coach took a final exam and wrote a paper for a student-athlete. In 2000 and 2001, the same former assistant purchased essays from a woman known as "Kathy Papers" to be turned in by two other student-athletes.
In 2003, the former head coach directed another former assistant coach to assist a prospect with completion of an online algebra course needed to complete an associate's degree and gain eligibility to compete at TCU.
From 1999 to 2004, the former head coach instructed three former assistant coaches to help prospective student-athletes write entrance essays required by the TCU admissions office. The assistants either wrote the essays or re-wrote and edited the prospects' work.
The committee also had findings involving impermissible benefits, inducements and entertainment expenses supplied to student-athletes, prospects and prospects' previous coaches.
Between 2000 and 2004, the coaching staff made a number of $100 monthly payments to enrolled international student-athletes to help them pay their federal taxes. Federal law requires that international students pay taxes on financial aid.
Coaches also made a large number of payments ranging from $109 to $700 to help student-athletes with the costs of moving into off-campus housing.
The former head coach also directed former assistant coaches to provide impermissible inducements during the recruiting process. Prospective student-athletes were given thousands of dollars in cash, educational expenses, merchandise, entertainment and airline tickets.
Likewise, prospective student-athletes' coaches were provided with impermissible entertainment in the form of transportation, lodging and meal expenses, and, in one case, furniture purchased by the former head coach.
The committee also announced findings of unethical conduct against a student-athlete and the former head coach for failing to cooperate with the investigation. The committee determined that the institution failed to monitor its track and field program.
The Committee on Infractions added only three other penalties against the institution and one against the former head coach, including:
Penalties self-imposed by the institution and adopted by the committee include:
During the probationary period, the university must develop and implement a comprehensive educational program on NCAA legislation, including seminars and testing designed for coaches, the faculty athletics representative, athletics department personnel, and university staff responsible for certification of student-athletes for admission, retention, financial aid or competition.
The university must submit a preliminary report to the Committee on Infractions by November 15, 2005, that includes a schedule for establishing the compliance and educational program. It must also file annual compliance reports indicating progress made with this program.
The institution shall be subject to NCAA legislation regarding repeat violators for a five-year period beginning September 22, 2005.
In addition to Marsh, the members of the Committee on Infractions who reviewed this case were Paul T. Dee, director of athletics at the University of Miami (Florida); Alfred Lechner, Jr., vice-president of Tyco International (US) Inc., Princeton, New Jersey; Ted Leland, director of athletics at Stanford University; Andrea L. Myers, director of athletics at Indiana State University; James Park Jr., a Lexington, Kentucky, attorney; Josephine Potuto, professor of law at the University of Nebraska, Lincoln; and Thomas E. Yeager, commissioner of the Colonial Athletic Association.
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