The University of Iowa has been penalized by the NCAA Division I Committee on Infractions for major violations related to the men’s swimming program. The institution has been placed on two years of probation and must reduce the amount of financial aid it can offer in the sport by the equivalent value of one scholarship for three years.

In addition, the committee charged the former head men’s swimming coach with unethical conduct and the former coach was given a five-year show-cause penalty. Should the former head coach seek athletically related employment with another NCAA institution, he and the hiring institution must appear before the Committee on Infractions to determine whether his duties should be limited.

The violations were resolved through the summary-disposition process, which is used in place of a formal hearing when the NCAA enforcement staff, the member institution and involved individuals agree to the facts of an infractions case and that those facts constitute major violations.

In addition to the two-year probationary period and reductions in financial aid awards mandated by the Committee on Infractions, the institution also must follow its self-imposed penalties, which include accepting the resignation of the former head coach, dismissing the three student-athletes involved from the institution, vacating records for the individual points earned by the ineligible student-athletes, as well as adjusting the team standing with the Big Ten Conference, and payment of a $5,000 fine.

Those sanctions are in response to violations of the transfer legislation, the unethical-conduct finding against the former head coach and unethical conduct by three former student-athletes, as well as several secondary violations.

The case involved fraud in the admissions process that resulted in ineligible competition by three international men’s swimming student-athletes.

The three former student-athletes were international transfers who competed while ineligible during their transfer year in residence and falsified admissions documents by omitting previous college attendance. The former student-athletes failed to disclose their previous college attendance in numerous documents, including their application for university enrollment, the Initial-Eligibility Clearinghouse application, the NCAA general amateurism and eligibility forms for international student-athletes, Big Ten student-athlete statement, as well as during conversations with institution personnel.

In addition, the former head men’s swimming coach knew of the former student-athletes’ previous college attendance before their enrollment at the institution and failed to report that information to university officials. In one particular instance, the former head coach reported that he discarded an application submitted by one of the former student-athletes that disclosed prior enrollment and sent the former student-athlete a second application.

"Although the violations in this case were narrow in scope, they were major in nature … because a competitive advantage was gained when applicable transfer regulations were circumvented and all three former student-athletes failed to fulfill the required year of residency before engaging in competition," the committee wrote in its public report.

In addition to the major violations, four secondary violations of NCAA amateurism, recruiting and eligibility legislation were uncovered as well. All of those violations were related to recruitment and eligibility certification of the former student-athletes involved in the case.

The Committee on Infractions has imposed the following penalties:

The institution shall be publicly reprimanded and censored.

The university shall be placed on two years’ probation from November 2, 2006, to November 1, 2008.

The institution accepted the former head coach’s resignation on December 17, 2004 (self-imposed by the university).

The university shall limit scholarships, or grants-in-aid, in men’s swimming to no more than 8.9 equivalencies during each of the 2007-08, 2008-09 and 2009-10 academic years (men’s swimming can offer a maximum amount of financial aid each year equal to 9.9 scholarships). The reductions in financial aid awards are, and are intended to be, independent of and additional to any reductions in financial aid awards that may be imposed by the Committee on Academic Performance either as a contemporaneous or historically based penalty.

The three former men’s swimming student-athletes were dismissed from the institution January 14, 2005, and reinstatement of their eligibility was not requested (self-imposed by the university).

Individual points earned by the ineligible student-athletes will be vacated and team standings will be adjusted by the Big Ten Conference. The three former student-athletes did not compete in NCAA championship competition (self-imposed by the university).

The university has paid a $5,000 fine for the ineligible participation of the three former student-athletes (self-imposed by the university).

The former head men’s swimming coach will be informed in writing by the NCAA that because of his involvement in certain violations of NCAA legislation found in this case, if he seeks employment or affiliation in an athletically related position at an NCAA member institution during a five year period ending December 16, 2009, he and the 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.

Members of the Division I Committee on Infractions who decided the case were Josephine R. Potuto, professor of law, University of Nebraska, Lincoln and chair of the committee; Paul T. Dee, director of athletics, University of Miami (Florida); Eileen K. Jennings, general counsel, Central Michigan University; Edward I. Leland, vice president of advancement, University of the Pacific; Alfred J. Lechner, Jr., attorney, Lerner David LLP; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; Thomas R. Phillips, attorney, Baker Botts LLP; and Dennis E. Thomas, commissioner, Mid-Eastern Athletic Conference.