NCAA News Archive - 2003

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Infractions case: University of Utah


Aug 4, 2003 10:31:10 AM


The NCAA News

The NCAA Division I Committee on Infractions has placed the University of Utah on probation for three years for violations of bylaws in the men's basketball program involving extra benefits, official visits, provision of excessive meals and meal per diem allowances, recruiting and practice limits. The committee also found major violations of bylaws pertaining to official visits and academic fraud in football, as well as ineligible competition in women's track and field. The committee and the university agreed that a lack of institutional control existed within the athletics program.

Some violations within the men's basketball program were ongoing over a period of several years. The committee found that during the 1990s, and specifically on various and sometimes multiple occasions from the 1996-97 to the 2001-02 academic years:

The head men's basketball coach purchased impermissible meals for most, if not all, student-athletes participating in men's basketball at the institution. The head coach indicated that his provision of meals to student-athletes was, in his mind, a "gray area" relative to permissibility under NCAA legislation given that he resided in a hotel rather than in a conventional home. The head coach said it was his understanding at the time that the meals were permissible because coaches are allowed to host student-athletes for occasional home meals.

The men's basketball staff violated the provisions of the NCAA official paid visit legislation and in some instances violated extra-benefit legislation as well.

Men's basketball student-athletes received excessive meals and meal per diem allowances, primarily in the form of nominal amounts of cash provided on road trips.

Men's basketball staff members violated the provisions of NCAA recruiting legislation, specifically by making impermissible observations of prospective student-athletes during pick-up games.

The institution violated NCAA extra-benefit legislation, specifically by providing excessive complimentary admissions to men's basketball student-athletes, movie tickets for an in-town show and free Federal Express mailings for two men's basketball student-athletes.

The men's basketball program violated the NCAA-mandated daily and weekly hour limitations for practice during its playing and practice seasons.

In considering whether to find a lack of institutional control, the committee considered the previously mentioned violations as well as several others, including:

In February 2001, the men's basketball staff arranged for the purchase of an airline ticket for a men's basketball student-athlete to travel from the team's competition site in Las Vegas, Nevada, to his hometown to attend the funeral of a high-school friend. The student-athlete was permitted to participate in seven contests before having his eligibility restored by the NCAA student-athlete reinstatement staff.

During the 2000-01 and 2001-02 academic years, the football staff failed to properly administer student host and entertainment money during 16 prospective student-athletes' official paid visits.

During the spring of 1999, an athletics department tutor and two football student-athletes committed academic fraud when the tutor, a friend of both student-athletes, provided them with a paper for a writing class. The paper was discovered, the tutor was fired and the student-athletes received failing grades in the courses, but the institution did not report the violation to the NCAA.

In May 1997, a women's track and field student-athlete competed in one contest even though she became a part-time student by dropping below 12 credit hours the day before the contest.

In finding a lack of institutional control, the committee noted that the institution, the head men's basketball coach and the men's basketball staff collectively failed to foster an environment of compliance within the men's basketball program. The committee further noted that, though the institution conducted an investigation in spring 2001, and subsequently reported numerous violations in July 2001, previous systematic breakdowns and the failure to recognize reportable NCAA violations as well as the requirements for student-athlete reinstatement led to numerous student-athletes participating while ineligible. The committee also noted that the institution failed to monitor official paid visits and failed to follow appropriate procedures for submitting student-athlete waiver applications.

The committee also noted recent steps taken by the university to improve compliance with NCAA rules, including the hiring of a new compliance officer with an extensive background in NCAA administration and compliance.

The committee also found that several secondary violations had occurred.

The university imposed a number of corrective actions and penalties, which were considered and accepted by the committee. They are:

Limited the men's basketball program to no more than 12 athletics grants-in-aid during the 2004-05 and 2005-06 academic years.

Limited the number of off-campus days in which the men's basketball head coach participated, during the 2001-02 academic year, to 75 percent of the number averaged for the previous three years. The same limitation on other days spent off campus on basketball-related activities also was imposed.

Reduced the number of official visits in men's basketball to a total of 13 over the 2003-04 and 2004-05 academic years, with no more than 12 occurring in any one year.

Issued letters of performance evaluations and expectations to the athletics director, the associate athletics director with oversight of compliance, the head men's basketball coach and two members of the football staff.

Suspended the director of basketball operations for 10 days without pay.

Accepted the athletic director's voluntary recommendation to freeze his salary for one year.

Accepted the head men's basketball coach's voluntary recommendation to freeze his salary for two years.

Because of the serious nature of the violations, including the involvement of the head men's basketball coach in a number of the violations, an inadequate rules education program and a significant lack of institutional control, the Committee on Infractions imposed the following additional penalties:

Public reprimand and censure.

Three years of probation beginning July 30, 2003.

In addition to the university's self-imposed reduction of one grant in men's basketball for each of the 2004-05 and 2005-06 academic years, the committee reduced the number of athletically related financial aid awards in men's basketball by one during the 2006-07 academic year. This limits the institution to 12 total men's basketball grants-in-aid under current rules for the academic years 2004-05, 2005-06 and 2006-07.

Agreed with the university's self-imposed limit in the number of expense-paid recruiting visits in men's basketball to no more than 13 over the 2003-04 and 2004-05 academic years, but ruled that no more than eight visits could occur in any of the two years. (The university had proposed a limit of no more than 12 in any of the two years.)

Required that during the probationary period, the university shall continue to develop and implement a comprehensive educational program on NCAA legislation and submit periodic reports to the NCAA. The university also is required to submit to the director of the NCAA Committees on Infractions a preliminary report that sets forth a schedule for establishing this compliance and educational program, including an overview of the program implemented by the head men's basketball coach. The institution also must file annual compliance reports indicating progress made with the program and placing particular emphasis on compliance relating to extra benefits and recruiting visits. 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, Utah is subject to the provisions of NCAA Bylaw 19.6.2.3, concerning repeat violators, for a five-year period beginning on the effective date of the penalties in this case (July 30, 2003).

The members of the NCAA Division I Committee on Infractions who heard this case are: Thomas Yeager, committee chair and commissioner, Colonial Athletic Association; Paul T. Dee, director of athletics, University of Miami (Florida); Jack H. Friedenthal, professor of law, George Washington University; Eugene D. Smith, director of athletics, Arizona State University; Andrea Myers, director of athletics, Indiana State University; and James Park Jr., attorney, Lexington, Kentucky.


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