The NCAA Division I Committee on Infractions has penalized Brigham Young University for major and secondary violations in its men's volleyball program. This case primarily involves violations of NCAA recruiting rules, including impermissible transportation, housing, meals, employment, cash and clothing, among other impermissible benefits. These impermissible benefits were provided by representatives of the institution's athletics interests (boosters). The case also includes a failure to monitor by the institution and the former head coach.

Penalties for the violations, including those self-imposed by the institution, include three years of probation, limits in off-campus recruiting activity, a reduction in the number of men's volleyball scholarships, and disassociation of a booster.
As it has in other recent cases, the committee once again stated it was troubled that this case involves yet another instance of violations occurring when a prospective student-athlete arrives on or in the vicinity of campus prior to initial enrollment. The committee has noted this specific problem since at least 1998 and repeatedly thereafter has warned of the elevated risk of violations in these types of situations. The committee again stated that member institutions must be vigilant in tracking the activities of prospective student-athletes in these situations.

The recruiting violations committed in this case primarily centered around two prospective student-athletes who had defected from Cuba and were former members of the Cuban National Team. The violations first came to light when the institution's compliance office was made aware that the mother of an enrolled men's volleyball student-athlete provided financial assistance to one of these prospective student-athletes. The mother of an enrolled student-athlete paid the enrollment costs for a course to improve the prospective student-athlete's English language skills. The mother was considered to be a representative of the university's athletics interests under NCAA bylaws.

In addition, this prospective student-athlete was provided impermissible transportation, housing and meals prior to his enrollment in the institution. These impermissible benefits were provided to the prospective student-athlete by enrolled members of the institution's men's volleyball team.

An individual who made financial contributions to the men's volleyball program and was considered a "representative of athletic interests" by NCAA rules also provided impermissible inducements to this prospective student-athlete. These inducements included employment at a business owned by the booster, where the student-athlete was paid $2.10 an hour above the normal market rate. In addition, the representative provided assistance to the prospective student-athlete in preparation for ACT and SAT exams, and expenses associated with the young man's travel to watch a university men's volleyball competition. This prospect eventually enrolled at BYU and competed for the men's volleyball team.

This representative also provided approximately $13,000 in impermissible recruiting inducements to another prospective men's volleyball student-athlete after the young man defected from Cuba and while participating with the Cuban National Volleyball Team in Winnipeg, Manitoba, Canada. These impermissible inducements included use of an automobile, clothing and free lodging. The representative also paid approximately $8,000 in legal fees to attorneys assisting with the prospective student-athlete's immigration issues, which were associated with the young man's defection from Cuba. This prospect did not enroll at Brigham Young or at any NCAA member institution.

During the investigation into this case, it was also found that the former head coach facilitated the provision of bicycles, at no cost, to an enrolled men's volleyball student-athlete and a prospective men's volleyball student-athlete.
The committee found that the former head coach failed to monitor the men's volleyball program. Though the former head coach was aware that the two prospective student-athletes were relocating to Provo, Utah, with no financial support in this country, the former head coach failed to monitor the situation.

The committee also found that the university administration failed to monitor for rules compliance regarding the transportation and living arrangements involving the first prospective student-athlete.

This case involved a secondary violation as well, which is outlined in the committee's public report.
In determining the penalties, the Committee on Infractions considered the institution's cooperation in the investigation, self-imposed penalties and corrective actions. The penalties, most of which were self-imposed by the institution and adopted by the committee, are as follows:

• Public reprimand and censure.
• Three years of probation effective March 11, 2008, to March 10, 2011. (The institution self-imposed a two-year probation.)
• Reduction of equivalency scholarships in men's volleyball from 4.5 to 4 for two academic years. (The institution self-imposed a .25 reduction.)
• Limit of 18 in the number of student-athletes on the men's volleyball squad for the 2008-09 academic year (Self-imposed by institution).
• Limit of five official visits for men's volleyball during the 2007-08 recruiting season and six for 2008-09.(Self-imposed by institution).
• Limit of 23 days that the men's volleyball coaching staff can engage in off-campus recruiting activities during the 2007-08 academic year and 34 days during the 2008-09 academic year.(Self-imposed by institution).
• Institutional disassociation of the booster for two years beginning December 7, 2008. This disassociation includes refusing financial assistance or contributions to the university's athletics program, among other actions detailed in the public report. (Self-imposed by institution).

The Committee on Infractions consists of conference and institutional athletics administrators, faculty and members of the public. The committee independently rules on cases investigated by the NCAA enforcement staff and determines appropriate penalties. The committee's findings may be appealed to the Infractions Appeals Committee.

The members of the Committee on Infractions who reviewed this case are Josephine Potuto, the Richard H. Larson Professor of Constitutional Law at the University of Nebraska College of Law and chair of the committee; Paul Dee, director of athletics at the University of Miami, and formerly the institution's general counsel; Eileen Jennings, general counsel at Central Michigan University; Alfred Lechner, Jr., attorney; Dennis Thomas, the commissioner of the Mid-Eastern Athletic Conference and formerly director of athletics at Hampton University; Andrea Meyers, athletic director emeritus, Indiana State University; Gene Marsh, James M. Kidd Sr. Professor of Law at the University of Alabama, Tuscaloosa School of Law; and Ted Leland, the vice president for advancement at the University of the Pacific, and formerly the director of athletics of, among others, Stanford University.