NCAA News Archive - 2001

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Infractions case: Howard University


Dec 17, 2001 5:35:53 PM


The NCAA News

The Division I Committee on Infractions has concluded that five former Howard University assistant or head coaches committed unethical conduct and that a number of other major violations, including academic fraud and lack of institutional control, occurred at the school from the mid-1990s to the 1999-00 academic year. As a result, the university has been placed on probation for five years and show-cause penalties have been imposed on three former coaches. Those penalties are in addition to many penalties self-imposed by the university.

A show-cause penalty requires any NCAA institution seeking to employ the individual to appear before the Committee on Infractions to determine whether the individual's athletically related duties should be limited for a specified time.

The involved sports were baseball, men's basketball, women's basketball and men's and women's swimming, and the case included violations of NCAA bylaws governing recruiting, extra benefits, academic eligibility, academic fraud, ethical conduct and a lack of institutional control.

The university appeared before the Committee on Infractions twice. University officials first appeared in June 2000 for violations that had been identified primarily in baseball and men's basketball. At that time, the committee asked the NCAA's enforcement staff to review other possible violations. Other allegations involving the swimming program and women's basketball were discovered and a second hearing was conducted August 10, 2001.

Overall, the committee noted that the university conducted a comprehensive investigation, accepted responsibility, and committed itself to restructuring to avoid repeat violations. But the committee also said the case emphasized that member institutions must have a system in place to uncover violations. Members expressed disappointment that Howard's president did not participate in either hearing before the group.

The violations in the baseball program occurred between 1994 and 1997 and centered on a former volunteer assistant baseball coach. For example, two individuals were certified as student-athletes with four seasons of eligibility even though both had attended and competed at junior colleges. In another incident, a student-athlete was enrolled in six hours of summer coursework at the university even though he had returned to his home in another state for the summer. In addition, the cost of his courses was paid through a loan deposited in his account. The student-athlete did not fill out paperwork associated with the course or the loan. According to a separate violation, the former assistant used the father of one of the student-athletes as a recruiter for the baseball program.

In men's basketball, the primary violation occurred when a prospect and his junior college coach visited the university for an official visit. Following the visit, the former head men's basketball coach authorized payment of the trip by the prospect's coach by identifying him on paperwork as a prospective student-athlete. Unethical-conduct findings resulted when the head coach and former assistant coach provided false and misleading information to the university and the NCAA's enforcement staff during the investigation.

The women's basketball violations originated from one incident involving an impermissible recruiting trip by a prospective student-athlete. The former head women's basketball coach purchased a ticket for the prospective student-athlete to visit the campus. Howard had not received the prospect's college entrance exam results and did not have high-school transcripts on file, a requirement before an official visit can occur. Unethical-conduct and related charges resulted because of the head coach's actions after the prospect's trip. Those actions included attempts to influence student-athletes then on the team to provide false information about the trip.

In men's and women's swimming, five student-athletes competed in multiple meets though they had not met academic satisfactory-progress requirements, had not met institutional standards for grade-point average or had not received initial academic certification from the NCAA Initial-Eligibility Clearinghouse. The institution's director of compliance informed the former head swimming coach on more than one occasion that the student-athletes were ineligible, but the coach continued to allow them to compete.

The Committee on Infractions found a lack of institutional control at the university, stating that the university had not placed a "sufficiently high priority" on compliance, which resulted in no demonstrable control of the baseball program. Specifically, the former head baseball coach said he turned over all recruiting and administrative duties to the assistant. The committee concluded that such abdication was a serious lack of institutional control. The committee also concluded that the former swimming coach violated the principles of institutional control when he failed to report a violation to appropriate officials after being made aware that a violation had occurred because of an impermissible training trip to Orlando, Florida.

The report also outlines other violations as well as six secondary infractions -- three in baseball, two in women's basketball and one in men's and women's swimming.

The Committee on Infractions considered self-imposed actions and penalties taken by the university. Among actions that have or will be taken are:

Baseball

Two years of probation for the baseball program in 1999-00 and 2000-01.

Indefinite disassociation of the assistant baseball coach as a representative of the university's athletics interests and as a member of the university's athletics administration. The university will forward a letter acknowledging violations of NCAA legislation and stating resultant disassociation.

Indefinite disassociation of a representative of the university's athletics interests and as a member of the university's athletics administration. The university will forward a letter acknowledging violations of NCAA legislation and stating resultant disassociation.

The university will forward a letter to an instructor advising him of the findings of the NCAA and the university in response to the official inquiry and inviting him to respond.

Forfeiture of all baseball games in which the ineligible student-athletes competed.

Reduction in the number of grants-in-aid for the baseball program to nine full grants-in-aid each in academic years 2000-01 and 2001-02.

The university will be limited to no more than three official paid visits in the baseball program for academic years 2000-01 and 2001-02.

Removal of fraudulent grades and credit hours from the transcripts of four former baseball student-athletes.

Develop regulations for instructors teaching student-athletes enrolled in department of physical education courses and enhance communication between department instructors, who are associated with the athletics department and student-athletes.

Develop a manual for student-athletes on NCAA regulations, specifically addressing the relationship between student-athletes, restricted coaches and graduate assistant coaches.

Develop procedures requiring all coaches to submit a report of their day-to-day activities on all off-campus recruiting trips to the director of compliance.

Implement unannounced reviews by the director of compliance pertaining to athletics recruiting methods and procedures.

Implementation, effective August 1999, by the director of compliance of additional compliance reviews, audits and rules education programs.

The university will hire an assistant to the director of compliance to implement a computerized system for certifying eligibility and implement internal audits of the certification process.

The university will expand the rules-education program to include a component to educate student-athletes regarding "extra benefit" legislation.

The university will establish a requirement for student-athletes, team managers and team trainers to participate in an annual rules-education seminar regarding "extra benefit" legislation.

The university will seek restitution from a student-athlete and his family for the cost of his travel by automobile provided by the former volunteer assistant baseball coach from Oklahoma City to Washington, D.C., at the rate of 31 cents per mile.

Men's basketball

One year of probation for men's basketball program for 1999-00.

Termination of the head basketball coach.

Termination of three assistant basketball coaches.

Notification to the head basketball coach that he will no longer be associated as a representative of the university's athletics interests and as a member of the university's athletics administration and acknowledgment of violations of NCAA legislation.

Notification to an assistant men's basketball coach that he will no longer be associated as representative of the university's athletics interests and as a member of the university's athletics administration and acknowledgment of violations of NCAA legislation.

Notification to two assistant coaches that they will no longer be associated as a representative of the university's athletics interests and as a member of the university's athletics administration and acknowledgment of violations of NCAA legislation.

Reduction in the number of grants-in-aid for the men's basketball program to 12 full grants-in-aid each in 2000-01 and 2002-03.

The university was limited to no more than 10 official paid visits in the men's basketball program in 2000-01 and no more than 10 official paid visits in academic year 2001-02.

The university will implement procedures requiring all coaches to submit a report of their day-to-day activities on all off-campus recruiting trips to the director of compliance.

The university will implement unannounced reviews by the director of compliance pertaining to recruiting methods and procedures.

The university will implement, under the direction of the director of compliance, additional compliance reviews, audits and rules education programs.

The university will expand the rules education program to include a component to educate student-athletes regarding "extra benefit" legislation.

The university will establish a requirement for student-athletes, team manager and team trainers to participate in an annual rules education seminar regarding "extra benefit" legislation.

The university will seek restitution from the former head coach at the junior college described for the cost of the airlines transportation, local automobile transportation and meals provided to him during his visit to the university on February 19-21, 1999.

Notification to a student-athlete by memorandum dated October 15, 1999, of loss of eligibility to participate in intercollegiate athletics based on violations of NCAA bylaws.

Notification to a student-athlete by memorandum dated October 9, 1999, of loss of eligibility to participate in intercollegiate athletics based on violation of an NCAA bylaw.

Women's basketball

The university has imposed one year of probation in the women's basketball program for academic year 2001-02 based upon the conditions set forth in the corrective action plan.

The university will reduce the number of grants-in-aid to 14 full grants-in-aid for the 2001-02 and 2002-03 academic years.

The university will be limited to no more than 10 official paid visits for the 2001-02 and 2002-03 academic years.

The university terminated the head women's basketball coach, effective September 13, 2000, and she was indefinitely disassociated as a representative of the university's athletics interests and as a member of the athletics administration.

The university terminated the assistant women's basketball coach, effective September 14, 2000, and he was indefinitely disassociated as a representative of the university's athletics interests and as a member of the athletics administration.

The university requested and received restitution from the involved student-athlete for the cost of the airline ticket and local transportation that was provided to her during her unofficial visit to the university's campus on October 25-27, 1996.

The university forwarded notification to the involved student-athlete of the loss of eligibility to participate in intercollegiate athletics, effective September 6, 2000, based on newly discovered violations of NCAA Bylaws 10.01.1, 10.1, 10.1-(c) and 10.1-(d).

Men's and women's swimming

The university imposed one year of probation for the men's and women's swimming programs for the 2001-02 academic year.

The university forfeited all men's and women's swimming regular-season individual and relay events and conference championship individual and relay events in which ineligible student-athletes competed in the 1998-99 and 1999-00 years.

The university declared each of the 15 student-athletes who attended the Orlando training sessions (and have remaining eligibility) ineligible.

Howard University will send $4,000 dollars to the Special Olympics. This amount is about half of the total expenses for the Orlando training trip, less the restitution requested from the former head swimming coach.

The university did not renew the appointment of the head swimming coach as of May 31, 2000, and indefinitely disassociated the head coach as a representative of the university's athletics interests and as a member of the athletics administration. The head coach was required to reimburse the university for meal money given to the ineligible student-athletes.

The university will request restitution from the former head swimming coach in the amount of $1,033.76 for expenses incurred by him and his assistant who also attended the Orlando training trip.

The university declared one swimming student-athlete ineligible for four meets at the beginning of the spring 2000 season. The student-athlete also was declared ineligible for two additional meets at the beginning of the 2000-01 season.

The university declared a second swimming student-athlete ineligible to compete in the first four meets at the beginning of the spring 2000 season and ineligible to practice from October 1 to November 6, 2000. The student-athlete was later declared to be ineligible to practice and compete from November 7 to December 31, 2000, and for the first half of the spring 2001 season. In addition, the student-athlete was declared ineligible to practice and compete for the fall 2001 semester.

The university declared a third swimming student-athlete ineligible to compete in the 1999-00 year. The student-athlete later withdrew from the university in the 1999 fall semester.

The university declared a fourth swimming student-athlete to be ineligible for 18 practices at the beginning of the 2000-01 season and was declared ineligible to compete in the first four meets at the beginning of the spring 2000 season. The student-athlete also was ineligible to compete in three additional meets at the beginning of the 2000-01 swimming season.

The university declared a fifth swimming student-athlete to be ineligible to compete for the first four meets at the beginning of the spring 2000 season and ineligible to compete in three additional meets at the beginning of the 2001-02 season. The student-athlete did not compete in the 2000-01 academic year because of a medical injury.

The university declared a prospect (who later became an enrolled student-athlete) ineligible to practice and compete during the fall 2000 semester and required her to repay the loan she received from the graduate student who was a friend of the head swimming coach (at the time).

The Committee on Infractions imposed the following additional penalties:

Public reprimand and censure.

Five years of probation beginning November 27, 2001.

The university's baseball team will end its 2002 season with the playing of its last regular-season game and will not be eligible for postseason competition, including foreign competition or other exemptions.

The former head women's basketball coach will be informed in writing by the NCAA that, due to her involvement in certain violations of NCAA legislation found in this case, if she seeks employment or affiliation in an athletically related position at an NCAA member institution during the period of time beginning with the date of this report (November 27, 2001) and ending on April 1, 2003, she and the involved institution shall be requested to appear before the Division I Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of Bylaw 19.6.2.2-(l), which could limit the coach's athletically related duties at the new institution for a designated period.

The former volunteer assistant baseball coach will be informed in writing by the NCAA that, due to 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 the period of time beginning with the date of this report (November 27, 2001), and ending on May 31, 2007, he and the involved institution shall be requested to appear before the Division I Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of Bylaw 19.6.2.2-(l), which could limit the coach's athletically related duties at the new institution for a designated period.

The former head swimming coach will be informed in writing by the NCAA that, due to 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 the period of time beginning with the date of this report (November 27, 2001), and ending on November 27, 2006, he and the involved institution shall be requested to appear before the Division I Committee on Infractions to consider whether the member institution should be subject to the show-cause procedures of Bylaw 19.6.2.2-(l), which could limit the coach's athletically related duties at the new institution for a designated period.

Had this case been concluded after the first hearing in June 2000, the application of show-cause procedures under Bylaw 19.6.2.2-(l) against the former head men's basketball coach and the volunteer assistant men's basketball coach would likely have been initiated for a period of approximately one year. However, at the conclusion of the hearing in August 2001, the committee decided not to impose a show-cause penalty against the two coaches for these reasons: the necessity of a second hearing delayed the conclusion of this case for over a year; the former head men's basketball coach and the former volunteer assistant men's basketball coach were terminated by the university on January 7, 2000, and since that time, have been out of college coaching, serving under de facto show-cause provisions; the former head men's basketball coach appeared at the hearing and admitted his guilt in the violations.

The university president will provide a copy of this report to the appropriate regional accrediting agency.

During the probationary period, the university will continue to develop and implement a comprehensive education program on NCAA legislation and submit periodic reports to the NCAA. 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, Howard is subject to the NCAA's repeat-violator provisions for a five-year period beginning on the effective date of the penalties in this case (November 27, 2001).

The members of the Division I Committee on Infractions who heard this case are: Thomas Yeager, chair and commissioner of the Colonial Athletic Association; Richard J. Dunn, former committee member and professor of English, University of Washington; Jack Friedenthal, former committee chair and professor of law, George Washington University; Frederick Lacey, attorney and retired judge, LeBoeuf, Lamb, Greene and MacRae, Newark, New Jersey; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; Andrea Myers, athletics director at Indiana State University; James Park Jr., attorney and retired judge, Frost Brown Todd, in Lexington, Kentucky; and Josephine R. Potuto, professor of law, University of Nebraska, Lincoln.

A copy of the complete report from the Division I Committee on Infractions is available at www.ncaa.org.


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