NCAA News Archive - 2002

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Infractions case: Stetson University


May 27, 2002 4:17:36 PM


The NCAA News

The Division I Committee on Infractions has placed Stetson University on probation for two years, limited the number of permissible athletics scholarships in men's basketball for two years, limited the maximum number of games the men's basketball team may play in 2003-04, and imposed other penalties for violations primarily involving the men's basketball program.

In addition to violations of bylaws governing financial aid, extra benefits and out-of-season practice, the committee also found a failure to monitor and a lack of institutional control. Many of the violations involved the former head men's basketball coach and out-of-season activities with prospects and student-athletes.

In its report, the committee concluded that the "interaction between the basketball staff and the compliance office was characterized more by attempts to circumvent prohibitive legislation rather than compliance with NCAA rules and regulations."

Among the violations, six prospective men's basketball student-athletes received athletically related financial aid during the summers of 1998 and 1999 to attend the university's Early Start Program, a six-week program for first-year college students. The program was available to all incoming freshmen, but institutional financial aid was not provided to any students in the program before aid was granted to the prospective basketball student-athletes.

At the time, such financial aid for prospective student-athletes was not permissible. The rule has changed and athletically related aid may be provided to prospective basketball student-athletes.

Several prospective and currently enrolled student-athletes received complimentary admissions to a private local fitness club during the summers of 1998 and 1999, which is impermissible according to extra benefits and recruiting rules. Further, during the summer of 1999, three assistant coaches observed and participated with prospects in athletically related activities at the fitness center. The Committee on Infractions found that the coaching staff directed the prospects to work out at the club and there was impermissible supervision of and participation in the workouts by some of the coaches.

There also were several other violations related to participation by basketball student-athletes in activities that occurred after coaching clinics hosted by the men's basketball staff in August 1998 and 1999. The staff asked several coaches who attended the clinic to observe the student-athletes in basketball activities and to provide written and oral evaluations to the staff. Use of those individuals for such activities made them each a countable basketball coach, thereby putting the institution over the limit for coaches for the team.

Student-athletes participated in a contest outside of the playing season when they engaged in competition against several members of the Embry-Riddle Aeronautical University men's basketball team. One of the Stetson assistant coaches arranged for game officials and for the participation of the Embry-Riddle student-athletes, and some representatives of the university's athletics interests and other coaches outside of the institution were given notice of the activity.

On other occasions from 1997-98 through 1999-00, the former head coach and other members of his staff watched men's basketball student-athletes engage in basketball activities before the official start date of practices.

The Committee on Infractions found a lack of institutional control in monitoring the men's basketball program during the mid- to late 1990s. The committee cited the numerous violations involving the men's basketball program in its finding.

The committee also found that the former head coach failed to monitor members of his staff. In its report, the committee said the coach "created a cavalier atmosphere with regard to NCAA rules and regulations."

Eight secondary violations also were found, most associated with the men's basketball program. For example, the men's basketball staff did not maintain accurate practice logs during the 1999-00 year.

Stetson took a number of corrective actions and imposed penalties as a result of the violations, which the committee considered. Those actions are:

The university enhanced the athletics compliance office and the compliance education and monitoring program, including planning for the direction of more resources to athletics compliance, hiring a new full-time assistant athletics director for compliance, revising the athletics department's athletics rules compliance program and eliminating the athletics compliance office's responsibilities over academic support.

The university developed a policy and procedure regarding the monitoring of preseason and postseason conditioning and individual skill instruction sessions.

The university established a general policy and procedure for directing all requests for NCAA rules interpretations through the Atlantic Sun Conference associate commissioner for legal affairs and compliance.

The university prepared and disseminated to all student hosts a student host rules education packet before an official visit.

The university designated a staff member from the office of student financial planning to serve as the athletics financial aid officer.

The university required the athletics department, in conjunction with the office of student financial planning, to prepare and implement a comprehensive policy and procedure on the awarding and monitoring of summer financial aid for all student-athletes at the university.

The university required the director of athletics to meet at the start of each academic term with the athletics financial aid officer and the assistant athletics director for compliance to review current scholarship awards for student athletes.

The university implemented monthly athletics compliance and operational meetings between the current head men's basketball coach, an assistant, assistant coach C, the faculty athletics representative and the director of athletics.

The university implemented monthly meetings between men's basketball coaching staff and the assistant athletics director for compliance to review NCAA legislation and interpretations and the university's rules compliance program.

The university implemented monthly professional development counseling between the director of athletics and the university's president.

The university required the men's basketball coaching staff to submit a detailed practice schedule plan with days off beginning with the last portion of the 2000-01 playing season.

The university removed the window in the head men's basketball coach's office, which is located on the second floor of the Edmunds Center.

The university required the verification and timely completion of forms used to monitor countable athletically related activities for the men's basketball team and men's basketball student-athletes.

The university will conduct random and annual audits of the men's basketball recruiting telephone logs.

The university conducted a rules education seminar on NCAA Bylaw 13 (recruiting) and institutional student conduct policies with all men's basketball student-athletes.

The university implemented a local merchant rules education program. Specifically, the program includes annual NCAA rules compliance seminars with local merchants that do business with the university and student-athletes, dissemination of an NCAA rules education pamphlet to boosters, booster organizations and local merchants and dissemination of an annual letter to boosters and local merchants summarizing NCAA legislation governing awards and benefits.

The university conducted random visits to local gymnasiums or other targeted local merchants to verify compliance with NCAA Bylaw 16 (awards and benefits).

The university reviewed NCAA Bylaw 16 with coaches' spouses.

The university mailed to all of the institution's booster club members and other representatives of the university's athletics interests written materials on NCAA legislation regarding rental arrangements with student-athletes.

The university precluded the professor of sport and exercise science from engaging in any aspect of the recruiting process for athletics teams at the university.

The university presented a compliance seminar at a general meeting of the institution's booster club on NCAA legislation regarding rental arrangements with student-athletes.

The university conducted the first annual review with the athletics department administrative staff and the office of student financial planning of current NCAA legislation related to summer financial aid, including a specific review of NCAA bylaws pertaining to summer financial aid for prospective basketball student-athletes.

The university conducted an annual audit (by an entity outside of the athletics department and the office of student financial planning) of summer financial aid awards for all student-athletes.

Stetson also self-imposed the following penalties:

The institution issued a written reprimand to the director of athletics and required him to attend an NCAA compliance seminar in 2001.

The institution issued a written reprimand to the current head men's basketball coach, required him to attend an NCAA compliance seminar in 2001 at his own expense and placed him on probationary status as head men's basketball coach for the duration of his contract period with the university (which ended March 27, 2002). The university also issued a letter to the current head men's basketball coach providing him notice of the university's priority for compliance with NCAA legislation in the annual evaluation process, and a termination warning for future major violations of NCAA legislation.

The university issued a written reprimand to one of the assistants, required him attend an NCAA compliance seminar in 2001 at his own expense, imposed a 30-day suspension with pay and placed him in a probationary status for the remainder of his contract. He also was prohibited from placing telephone calls to prospective student-athletes for four weeks in 2001. Also, the university precluded him from engaging in any off-campus recruiting activities for two days during the next contact period.

The university ceased the recruitment of one prospective student-athlete.

The university precluded two men's basketball student-athletes, as well as other men's basketball student-athletes, from serving as student hosts for one calendar year.

The university prohibited incoming men's basketball student-athletes from participating in the scholarship-funded Early Start Program for the 2001-02 academic year.

The university reduced the number of official paid visits in men's basketball by 12 over the next three academic years, including five during the 2001-02 academic year, four during the 2002-03 academic year and three during the 2003-04 academic year.

The university reduced by one the number of regular-season contests in men's basketball during the 2001-02 and the 2002-03 playing seasons (to 27).

The university reduced practice time in men's basketball during the 2001-02 and 2002-03 academic years by eight days (four days during the 2001-02 and four days during the 2002-03 playing season).

The Committee on Infractions imposed several additional penalties. The committee said the university conducted a thorough investigation and instituted appropriate actions and penalties, including sanctions imposed on the former head coach. But the committee said additional penalties were warranted because of the involvement of the former head coach and current head men's basketball coach an admitted lack of institutional control. Those penalties are:

Public reprimand and censure.

Two years of probation from May 9, 2002.

The university will reduce the number of total financial aid counters in men's basketball by one for two years, which will limit the institution to 12 for each of the years. Stetson may implement the reductions beginning in 2002-03 or 2003-04 and will inform the Committee on Infractions about which years it chooses.

The number of expenses-paid visits to the university's campus for men's basketball will be limited to no more than seven for each of the 2002-03 and 2003-04 academic years. (The university proposed limiting expenses-paid visits to eight for the 2002-03 academic year and to nine for the 2003-04 academic year and had averaged just under eight official paid visits in men's basketball the past four years.)

In addition to the self-imposed reduction of one regular-season contest to 27 in men's basketball during the 2001-02 and 2002-03 seasons, the university will extend the limit of 27 contests for the 2003-04 season. The institution also may not take advantage of the exceptions to the limitation in the number of basketball contests pertaining to preseason contests and other exceptions to the maximum number of contest limitations.

During the 2002-03 and 2003-04 academic years, the university's men's basketball team will delay the start of preseason basketball practice by seven days from the official starting date permitted. (The institution had self-imposed a reduction of four practice days during the 2001-02 playing season and four practice days during the 2002-03 season.)

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, Stetson 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, which is May 9, 2002.

The members of the Division I Committee on Infractions who heard this case are: Thomas Yeager, committee chair and commissioner, Colonial Athletic Association; Paul Dee, athletics director, University of Miami (Florida); Craig Littlepage, athletics director, University of Virginia; Andrea Myers, athletics director, Indiana State University; James Park Jr., attorney and retired judge, Frost Brown Todd, Lexington, Kentucky; and Josephine Potuto, professor of law and faculty athletics representative, University of Nebraska, Lincoln.

A copy of the complete report from the Division I Committee on Infractions can be found on NCAA Online at www.ncaa.org.


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