NCAA News Archive - 2001

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Infractions case: Southern Methodist University


Jan 1, 2001 3:34:04 PM


The NCAA News

Southern Methodist University has been placed on probation for two years and reductions have been made in the number of coaches permitted to recruit off-campus and the number of official visits allowed in football for violations of NCAA legislation involving the football program.

Among other penalties imposed by the Division I Committee on Infractions, a former assistant football coach was placed under a seven-year show-cause order, and the university will be required to vacate its team record for 10 games in the 1998 football season for which an ineligible player was used. A show-cause penalty requires any NCAA institution seeking to employ an individual subject to show-cause provisions to appear before the Committee on Infractions. The committee determines whether the individual's athletically related duties should be limited for a specified time.

The violations involved bylaws governing recruiting, extra benefits, academic fraud and unethical conduct and were discovered and self-reported by the university.

The academic-fraud violation, which occurred in 1997 and 1998, was considered by the Committee on Infractions as the most serious of the violations. The committee said a number of the other violations would, if considered individually, be classified as secondary or less serious in nature; however, the cumulative effect of the violations brought them to the level of major.

The academic-fraud violation involved a prospective student-athlete and a former assistant coach. Through a series of events, it was arranged on two occasions for other individuals to use the identity of the prospective student-athlete to take the American College Test (ACT), a college entrance exam, on his behalf. The Committee on Infractions determined that the former assistant coach suggested the student-athlete participate in academic fraud, had knowledge of and was involved in the testing scheme, and had reason to know that the prospect, who eventually became a student-athlete at Southern Methodist, was ineligible to compete because of academic fraud. Further, the committee concluded that the assistant coach agreed to pay the first individual to take the test on the prospect's behalf.

A number of other violations also involved the former assistant coach, including a finding of unethical conduct. The committee concluded that the former assistant encouraged a student-athlete to provide false and misleading information to university staff involved in a review of the allegations.

Other violations included impermissible recruiting contacts, expenses and activities and recruiting inducements. For example, in the fall of 1995, the assistant football coach and the father of an enrolled student-athlete arranged for a prospect and his family to meet the assistant in the student-athlete's home. The meeting occurred at a time in the recruiting calendar when such meetings are prohibited, and it was inappropriate for the father of the enrolled student-athlete to be involved in such a meeting.

The former assistant football coach disputed the information in many of the findings. He provided a written response to allegations but did not participate in the NCAA's hearing on the matter, which was conducted September 23, 2000. Specifically regarding the unethical-conduct finding, the former assistant said he did not knowingly or unknowingly commit a violation. However, the committee concluded that findings demonstrated the former assistant coach knowingly attempted to circumvent NCAA legislation.

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

  • The number of initial financial aid awards available for the football program were reduced by four for the 2000-01 academic year and will be reduced by four additional grants for 2001-02 (eight total over two years).

  • The number of expenses-paid recruiting visits for football prospects were reduced by eight for the 1999-00 and 2000-01 academic years (16 total over two years).

  • The former assistant football coach was suspended during the university's eight-month investigation and was terminated from employment effective December 8, 1999.

  • The football coaching staff reduced by one the number of permissible off-campus recruiting assistant coaches for 1999-00 (six permitted).

  • The football program used eight full-time assistant coaches in the 1999 football season, rather than the nine permitted by NCAA legislation.

    The Committee on Infractions commended Southern Methodist for discovering the violations and conducting a thorough and complete investigation. It imposed additional penalties because of the serious nature of the academic-fraud and unethical-conduct violations.

    The additional penalties imposed are:

  • Public reprimand and censure.

  • Two years of probation beginning December 13, 2000.

  • The number of expenses-paid visits to the university's campus in football will be limited to no more than 38 total visits for the 2001-02 academic year.

  • In addition to the university's self-imposed penalty of reducing the number of football coaches permitted to recruit off campus by one during the 1999-00 academic year, the same limitation will be imposed for the 2001-02 academic year. The university shall document this penalty in the compliance reports submitted to the committee.

  • The university will vacate its team record, as well as any individual records of the student-athlete who engaged in academic fraud. The university's records regarding football will be reconfigured to reflect the vacation of the 10 contests in which the student-athlete competed in during the 1998 season. The vacation of records also will be reflected in all publications in which football records for that season are recorded, including, but not limited to, university media guides, recruiting materials and university and NCAA archives.

  • The former assistant football coach will be informed in writing by the NCAA that because of his involvement in certain violations, if he seeks employment or affiliation in an athletically related position at an NCAA member institution during a seven-year period that starts on December 13, 2000, he and the involved institution will be requested to appear before the Committee on Infractions to consider whether the institution should be subject to show-cause procedures which could limit the athletically related duties of the individual for a designated period.

  • 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, Southern Methodist 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, December 13, 2000.

    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; Frederick B. Lacey, attorney and retired judge, LeBoeuf, Lamb, Greene & MacRae, Newark, New Jersey; Gene A. Marsh, professor of law, University of Alabama, Tuscaloosa; James Park Jr., attorney and retired judge, Frost Brown Todd LLC, Lexington, Kentucky; Josephine R. 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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