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Publish date: May 21, 2013

Infractions Appeals Committee upholds Texas Southern finding and penalties

The former Texas Southern University head football coach must complete a three-year show-cause order issued by the NCAA Division I Committee on Infractions for failing to promote an atmosphere for compliance, according to a NCAA Division I Infractions Appeals Committee report released today.

In October 2012, the Committee on Infractions found the university allowed 129 student-athletes in 13 sports during seven academic years to compete and receive financial aid and travel expenses when they were ineligible.  The majority of these student-athletes had not met progress-toward-degree or transfer requirements.  The former head football coach knowingly allowed a booster to recruit for the football program and the former head men’s basketball coach provided false or misleading information during the investigation.

Penalties in this case, as determined by the Committee on Infractions, included five years of probation, postseason bans for the football and men’s basketball teams, a vacation of records, recruiting restrictions and three-year show-cause orders for both the former head men’s basketball coach and former head football coach.

In his appeal, the former head football coach contested the failure to promote an atmosphere for compliance finding of violation, stating it is contrary to the evidence presented and should be set aside.  The Infractions Appeals Committee found that the information in the record was sufficient to support upholding this finding of violation.

Additionally, the former head football coach appealed his three-year show-cause order, which prohibits him from all on- and off-campus recruiting activities.  On extensive review of previous cases with show-cause penalties, the Infractions Appeals Committee found the penalty was not excessive and therefore, upheld the penalty.

In considering the former head football coach’s appeal, the Infractions Appeals Committee reviewed the notice of appeal; the transcript of the former head football coach’s Committee on Infractions hearing; and the submissions by both the former head football coach and the Committee on Infractions.

The members of the Infractions Appeals Committee who heard this case were: David Williams, vice chancellor for university affairs and athletics and athletic director at Vanderbilt University, chair; Susan Cross Lipnickey, health studies professor and the faculty athletics representative at Miami University (Ohio); Jack Friedenthal, professor of law at George Washington University; W. Anthony Jenkins, attorney at Dickin Wright PLLC; and Patti Ohlendorf, vice president for legal affairs at University of Texas at Austin.

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