NCAA News Archive - 2001

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Infractions case: Mississippi Valley State University


Feb 12, 2001 8:58:03 AM


The NCAA News

Mississippi Valley State University has been placed on two years of probation and NCAA show-cause penalties have been imposed on three former staff members for violations of bylaws governing academic fraud and unethical conduct.

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 Division I Committee on Infractions, which conducted a hearing on the Mississippi Valley case November 4, 2000, considered the violations to be limited in scope and said they provided no recruiting or competitive advantage. But the committee determined the violations were major because of the knowing involvement by former university staff, enrolled students, student-athletes and prospective student-athletes.

Violations in this case were discovered and self-reported to the NCAA by university officials.

Between August 1997 and September 1998, an assistant men's basketball coach, the athletic trainer and the student union director were involved in arranging for individuals to take college entrance exams for others. According to evidence provided to the Committee on Infractions, the assistant coach or athletic trainer recruited nine students or student-athletes on various occasions to take the entrance examination. The student union director provided false temporary identification cards for the test takers, which they used in perpetrating the test fraud.

All who agreed to take the tests on behalf of others were suspended from the university in the fall of 1998. Ultimately, all involved in the scheme either did not enroll or had their admission revoked by the university.

The Committee on Infractions found that the former assistant coach, athletic trainer and student union director all violated NCAA legislation regarding ethical conduct. The athletic trainer was the only one of the three to respond to the allegations. He did not contest the facts but stated the test fraud was initiated by others in positions of authority. Committee members found that the weight of the evidence supported that no other institutional staff members were involved or aware of the test-taking scheme.

As it determined appropriate penalties to impose, the Committee on Infractions considered the following self-imposed penalties and corrective actions taken by the university:

* Conducted a hearing as required by university due-process procedures for faculty members after offering the athletic trainer the option of resigning, which he refused. Following the hearing, the university terminated the athletic trainer's employment in a letter dated September 24, 1998.

* Terminated the employment of the assistant men's basketball coach after offering him the option of resigning. The termination letter was dated August 24, 1998.

* Terminated the employment of the student union director by a letter dated August 24, 1998.

* Revoked the admission of all prospective student-athletes and students involved in this scheme and declared ineligible for competition all of the student-athletes involved. Although the university petitioned the NCAA student-athlete reinstatement staff for restoration of the involved student-athletes' eligibility, the requests were denied.

The Committee on Infractions imposed the following additional penalties because of the serious nature of the violations in the case:

* Public reprimand and censure.

* Two years of probation beginning January 23, 2001.

* Pursuant to Bylaw 19.6.2.7, the NCAA president will forward a copy of this report to the appropriate accrediting agency.

* If the three institutional staff members identified in this report were currently employed at the institution, the university would have been required to show cause why it should not be subject to additional penalties if it had failed to take appropriate disciplinary action against them.

* The current member institution that employs the athletic trainer will be required to show cause why it should not be penalized should it not restrict the trainer's advisory duties involving student-athletes to medically related issues only. The trainer's current employer also is required to prohibit the trainer from having contact with prospective student-athletes. The university also will be required to submit a compliance report to the committee by March 9, 2001. The report should emphasize the institution's monitoring of rules education sessions for the trainer with particularemphasis on academic integrity and ethical conduct expectations of staff members employed at NCAA member institutions. The restrictions imposed upon the athletic trainer and reporting requirements will be in effect for a period beginning January 23, 2001, and ending January 23, 2004. Should the athletic trainer be employed by any other member institution before the conclusion of the three-year period specified, the restrictions and reporting requirements set forth will remain in effect at the new institution.

* The former assistant men's basketball coach and the former student union director will be informed in writing by the NCAA that, due to their involvement in violations of NCAA legislation found in this case, they and any member institutions intending to employ them in athletically related positions are subject to show-cause provisions for a three-year period beginning January 23, 2001, and concluding January 23, 2004.

* 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, Mississippi Valley 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, January 23, 2001.

The members of the Division I Committee on Infractions who heard this case are: Jack Friedenthal, committee chair and professor of law, George Washington University; Richard J. Dunn, professor of English, University of Washington; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; James Park Jr., attorney and retired judge, Frost Brown Todd LLC, Lexington, Kentucky; Josephine Potuto, professor of law, University of Nebraska, Lincoln; and Thomas E. Yeager, commissioner, Colonial Athletic Association.

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


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