NCAA News Archive - 2002

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Infractions case: University of Nebraska, Lincoln


Feb 4, 2002 10:13:51 AM


The NCAA News

The University of Nebraska, Lincoln, has been placed on probation for two years by the Division I Committee on Infractions because of actions by former swimming coaches and a former head wrestling coach that resulted in the provision of extra benefits and improper recruiting contacts, among other violations.

The committee also made a finding against the institution of failure to monitor and determined that the former wrestling coach had violated the NCAA's principles of ethical conduct.

In the wrestling program, the former head coach gave checks or cash totaling nearly $6,000 to five student-athletes to assist with their educational expenses. The coach used personal funds or those from his summer wrestling camp to help the student-athletes. As a result of the actions, the university exceeded maximum financial aid award limitations during the 1996-97 academic year.

The same coach also provided $500 in cash to a wrestling student-athlete so the young man could pay a gambling debt he owed to a bookmaker. The student-athlete later repaid the $500. The young man told the coach he had placed wagers on professional and college football games.

In the swimming program, the university paid the expenses of six swimming student-athletes to attend a competition in June 1997 that was not permissible according to NCAA bylaws. Nebraska officials acknowledged the violation, which was a secondary violation and declared the student-athletes ineligible. As a part of the eligibility restoration process, the student-athletes were required to make restitution of the transportation costs. An assistant coach, with the knowledge of the head swimming coach, then reimbursed the student-athletes in cash.

The coaches later claimed the money provided to the student-athletes was expense money for their participation in other competitions.

Several swimming coaches also were involved in other violations, including impermissible administration of financial aid, impermissible transportation, impermissible distribution of benefits, impermissible tryouts, impermissible housing arrangements for a prospective student-athlete and improper telephone contacts with prospective student-athletes.

The activities that led to financial aid violations occurred when members of the swimming staff asked several student-athletes to accept reductions in their grants-in-aid. In most instances, the student-athletes later were provided with cash as reimbursement. The coaches concurred that the reductions occurred but said they did not believe it resulted in a violation of NCAA bylaws. The coaches contended that the student-athletes agreed to reductions in financial aid in exchange for lodging and meal expenses during vacation periods on campus when the student-athletes were required to practice or compete.

The Committee on Infractions concluded that the university should have made a better effort to monitor and control the use of funds in the swimming program. Because it did not monitor funds adequately, the committee made a finding of failure to monitor.

A number of secondary violations in the swimming program also were outlined in the committee's report.

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

Wrestling

The head wrestling coach resigned at the direction of the director of athletics on April 18, 2000.

In 2000-01, the university reduced the team financial aid maximum equivalency by 1.46, resulting in total equivalencies of 8.44. The reduction is .02 less than twice the amount of the financial aid overage that occurred in 1996-97 (.74) and was in one recruiting year.

The wrestling program was placed on probation for two years.

The Big 12 Conference conducted a three-day rules seminar and an on-campus comprehensive compliance review of the athletics department in 2001.

The university's faculty athletics representative distributed educational materials and conducted a session on institutional control and ethical conduct for coaches during compliance sessions in 2000-01 and 2001-02. This will continue in each academic year.

The new wrestling coach, assistant wrestling coaches and wrestling staff will receive material and additional training in NCAA rules.

The director of athletics has informed the new wrestling coach, the assistant wrestling coaches and the wrestling staff that among other employment consequences, they are subject to salary penalties, including a freeze on salaries, should the wrestling program be the source of any further NCAA violations.

Any wrestling camp conducted will be subject to a full financial audit.

Swimming

The university was prepared to reduce financial aid equivalencies in the men's swimming program; however, the men's swimming program was terminated on March 26, 2001, effective with the 2001-02 academic year.

The university has not discontinued its women's swimming program, but the impact on the program from the infractions investigation and from discontinuance of the men's swimming program has been severe. The women swimmers lost Olympic-caliber coaches with whom they had established relationships. The women swimmers also suffered from the turmoil and media attention of the investigation. After discontinuance of men's swimming, the women swimmers were encouraged to remain and compete at Nebraska, but also were offered the opportunity to transfer if they wished. Most have transferred; consequently, the women's program has been decimated. At the current time there are no more than eight women swimmers and divers in the program and the projected equivalencies for academic year 2001-02 are 3.48. There is no possibility the university will be able to compete in dual meets in academic year 2001-02.

By September 27, 2000, all four swimming coaches were suspended and none are employed by the university.

The university has placed the women's swimming program on probation for two years.

In 2001-02, the university reduced recruiting contacts by one (three to two) and evaluations by one (seven to six) for all prospects recruited.

During 2001-02, all swimming and diving coaches are prohibited from attending the Santa Clara meet.

The university has instituted new procedures to take care of student-athlete payments in conjunction with self-reports of extra benefits and requests for reinstatement of eligibility for student-athletes. This process is administered by the compliance staff.

* The university has instituted enhanced procedures to take care of meal and other authorized expense money provided to student-athletes on trips and for holidays.

A process is being implemented to monitor semester grant-in-aid awards, which requires the director of athletics to approve any decreases, increases or withdrawals in writing.

New policies and procedures are being implemented regarding the use of university phones or calling cards.

Budget procedures are being implemented to reinforce prior practice and to specify that funds remaining from a cash draw are to be returned to the university's business office and not held for a subsequent trip.

The university's associate athletics director with compliance oversight responsibilities and the faculty athletics representative reviewed the university's self-report allegation by allegation with all coaches. Relevant NCAA rules also were discussed and the director of athletics reiterated that rules violations would not be tolerated.

General compliance procedures

Lines of authority within the athletics department have been reorganized to assure closer scrutiny of business practices.

The athletics department will hire an assistant director of athletics for business and finance, who will report to the associate athletics director with responsibility for compliance oversight.

Monthly NCAA rules compliance instructional sessions for coaches continue.

Monthly NCAA rules compliance instructional sessions for all staff are continuing and will be increased.

The university is focusing increasing attention on rules education related to financial aid, recruiting and extra benefits legislation in mandatory rules compliance instructional sessions and in the compliance department's policy and procedures manual.

The university is providing greater NCAA rules awareness to student-athletes.

All student-athletes who have exhausted eligibility are provided with exit interview questionnaires. Beginning in 2000-01, the faculty athletics representative is required to review the responses.

The university will continue the practice of interaction among athletics staff and the student-athlete athletic board. The faculty athletics representative is initiating a process to create opportunities for periodic and informal interaction with student-athletes.

Contracts for all new head coaches, associate head coaches and assistant coaches will state with greater specificity their responsibilities for rules compliance, including an obligation to report potential violations committed by others.

The Committee on Infractions imposed several additional penalties. The committee said the university instituted appropriate corrective measures and imposed meaningful penalties. Those penalties are:

Public reprimand and censure.

Two years of probation from January 23, 2002.

The former head wrestling 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 a three-year period, from January 23, 2002, to January 22, 2005, he and any involved institution will be requested to appear before the Committee on Infractions to consider whether the member institution should be subject to show-cause procedures which could limit the athletically related duties of the former head wrestling coach.

* 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, Nebraska 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, 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); Fred Lacey, attorney and retired judge, LeBoeuf, Lamb, Green and MacRae, Newark, New Jersey; Gene Marsh, professor of law, University of Alabama, Tuscaloosa; Andrea Myers, athletics director, Indiana State University; and James Park Jr., attorney and retired judge, Frost Brown Todd, Lexington, Kentucky.

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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