National Collegiate Athletic Association

The NCAA News - News and Features

April 20, 1998

Southeast Missouri State placed on three years' probation

The men's basketball program at Southeast Missouri State University has been placed on three years' probation by the NCAA Division I Committee on Infractions for violations in the areas of extra benefits, recruiting, financial aid, institutional responsibility and ethical conduct.

The violations include providing extra benefits through above-market wages, loans, cash payments, transportation and excessive compensation to several student-athletes and prospective student-athletes over a three-year period from the 1994-95 through 1996-97 school years.

Wages were paid for work not performed, cash payments were provided to cover apartment and furniture rentals, and wages for summer employment were inflated by as much as $4 to $5 per hour over that paid to other nonstudent-athlete employees by a representative of the school's athletics interests.

The arrangements for these extra benefits were made by the men's head basketball coach with the involvement of assistant coaches. Although the committee did not find a lack of institutional control, it did note that there was a lack of appropriate monitoring in the men's basketball program.

In addition to the three-year probation, the committee reduced the number of financial aid awards in men's basketball by one for both 1997-98 and 1998-99, required compliance education programs, required annual reports to the committee during the probation period, and required attendance at an NCAA compliance seminar as well as a one-day on-campus compliance seminar.

The committee also placed "show-cause" requirements on the former head men's basketball coach and two assistants who were involved in providing the extra benefits and provided false and misleading information to the NCAA enforcement staff and the institution.

Under the Association's show-cause procedures, coaches who seek employment or affiliation in an athletically related position at an NCAA member institution during a specified period must appear along with the involved institution before the Division I Committee on Infractions to consider whether the school should limit the coaches' athletically related duties for a certain time.

The committee noted that the probation period would have been longer if not for the university's detailed self-reporting of violations and its cooperation and participation throughout the investigation.

On January 31, 1998, representatives of the NCAA enforcement staff, the institution and the Ohio Valley Conference appeared at a hearing before the committee. The former head men's basketball coach and his attorney also appeared in person.

The specific violations found by the committee included:

  • During the 1994-95 through 1996-97 academic years, the university's men's basketball coaching staff provided extra benefits to student-athletes and recruiting inducements to prospective student-athletes in the form of excessive compensation, loans, cash payments and transportation.

  • During the summers of 1994, 1995 and 1996, several student-athletes and prospective student-athletes received above-market wages from a representative of the institution's athletics interests for employment arranged by the head men's basketball coach.

  • During August 1996, in conjunction with practice sessions for the men's basketball team's upcoming foreign tour, the coaching staff permitted four prospective student-athletes to participate in practice activities, and provided three of the prospective student-athletes and an ineligible student-athlete with impermissible lodging and meals.

  • During the 1995-96 academic year, the institution exceeded NCAA financial aid limits in men's basketball and provided financial aid to an ineligible men's basketball student-athlete.

  • There was a lack of appropriate monitoring in the men's basketball program.

  • The head men's basketball and two of the assistant men's basketball coaches involved in this case violated the NCAA principles of ethical conduct.

  • There was a secondary violation involving extra benefits.

    In determining the appropriate penalties to impose, the committee considered the institution's self-imposed corrective actions and penalties, including:

  • Terminated the employment of the head men's basketball coach on May 14, 1997.

  • Refused to renew the employment contracts of the three assistant men's basketball coaches in June 1997.

  • Instituted the monitoring of student-athlete employment.

  • Expanded the university's rules education program to include educating representatives of the institution's athletics interests regarding NCAA legislation.

  • Established an athletics liaison position in the university's financial aid office.

  • Expanded the rules education program for athletics administration, compliance staff and coaching staff.

  • Instituted the monitoring of team practice sessions to ensure that practices are conducted in accordance with NCAA bylaws.

  • Changed the reporting structure for the athletics department by requiring that the assistant athletics director for compliance and student services report to the executive vice-president as well as the athletics director on issues related to NCAA compliance.

  • Established a compliance committee consisting of representatives from both within and outside the athletics department.

  • Enhanced the monitoring of recruiting to include maintenance of detailed recruiting notebooks.

  • Shifted the assistant athletics director for compliance and student services' advising duties to another position in order to allow the assistant athletics director to concentrate on compliance and monitoring activities.

  • Stated its intention to participate in a compliance review to be conducted by the Ohio Valley Conference.

  • Reduced by one the number of financial aid awards in men's basketball for the 1997-98 academic year.

    Because of the involvement of the head coach in the violations and the potential recruiting and competitive advantage gained from the violations, the committee imposed additional penalties. The complete list of penalties includes:

  • Public reprimand and censure.

  • Three years of probation.

  • Reduction by one in the number of permissible financial aid awards in men's basketball during the 1998-99 academic year.

  • Requirement that the institution continue to develop a comprehensive athletics compliance education program, with annual reports to the committee during the period of probation.

  • Requirement that the institution send specified individuals to an NCAA compliance seminar.

  • Requirement that all coaches and athletics department personnel attend a one-day on-campus compliance seminar.

  • Recertification of current athletics policies and practices.

  • Show-cause requirements regarding the former head men's basketball coach and one of the assistant coaches for three years.

  • Show-cause requirement regarding a second assistant men's basketball coach for one year.

    As required by NCAA legislation for any institution involved in a major infractions case, Southeast Missouri State is subject to the provisions of the NCAA's repeat-violator legislation for a five-year period beginning on the effective date of the penalties -- in this case, January 31, 1998.

    The members of the Division I Committee on Infractions who heard this case are David Swank, committee chair, professor of law, University of Oklahoma; Alice Gresham Bullock, dean, Howard University School of Law; Richard J. Dunn, professor of English, University of Washington; Jack H. Friedenthal, dean of law, George Washington University; Frederick B. Lacey, attorney and retired judge, LeBoeuf, Lamb, Greene & MacRae, Newark, New Jersey; James Park Jr., attorney and retired judge, Brown, Todd & Heyburn, Lexington, Kentucky; Yvonne L. (Bonnie) Slatton, chair, department of physical education and sports studies, University of Iowa, and Thomas E. Yeager, commissioner, Colonial Athletic Association.

    The complete report of the Division I Committee on Infractions will appear in the May 4 issue of The NCAA Register.