OCTOBER, 2011 | VOL. 1

OCTOBER, 2011 | VOL. 1

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

EIGHT MIAMI PLAYERSSUSPENDED FROM NCAA.COM

Last Updated - August 30, 2011 5:21 GMTQB Jacory Harris received more than $140 in benefits from meals, entertainment, trans-portation and nightclub cover charges.

Eight Miami (Fla.) football student-athletes must miss competition and repay benefits as a condition of becoming eligible to play again, according to a decision Tuesday by the NCAA student-athlete reinstatement staff. The student-athletes received varying levels of recruiting inducements and ex-tra benefits from university booster Nevin Shapiro and athletics personnel, according to the facts of the case.

Reinstatement decisions are independent of the NCAA enforcement process and typi-cally are made once the facts of the student-athlete’s involvement are determined. This is typically well in advance of infractions deci-sions. The enforcement investigation into the university’s football program is ongoing.

Of the eight football student-athletes, three received substantial benefits as prospective student-athletes from Shapiro and athletics personnel to entice them to enroll at the university, which are considered some of the most serious recruiting violations within the NCAA.

Olivier Vernon, who received more than $1,200 in benefits primarily from Shapiro, must miss six games and make repayment of the value of the benefits. These recruitment benefits included meals, transportation,

access to Shapiro’s game suite, drinks, as well as cover charges at two different night-clubs, among others.

Two other student-athletes, Aravious Arm-strong and Dyron Dye, will miss four games and must make repayment. Armstrong re-ceived approximately $788 in extra benefits from Shapiro and athletics personnel during his recruitment. Dye received approximately $738. These student-athletes’ benefits in-cluded five nights of impermissible lodging from institutional staff during their unofficial visits, transportation, multiple meals, and entertainment at a gentleman’s club.

Different than the first three student-athletes, five other student-athletes received imper-missible benefits while currently enrolled at the university.

These five student-athletes – Marcus For-ston, Sean Ryan Spence, Adewale Ojomo, Travis Benjamin and Jacory Harris – must miss one game and make repayment. For-ston received more than $400 in extra ben-efits from Shapiro and athletic personnel, in-cluding athletic equipment, meals, nightclub cover charges and entertainment at a gentle-man’s club. Spence received approximately $275 in benefits, including meals, transporta-tion, as well as cover charges and entertain-ment at a gentleman’s club. Ojomo received $240 in extra benefits, including a meal and nightclub cover charges. Benjamin received more than $150 in extra benefits, including

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IMPORTANT DATES

Oct. 21 - New Legislation Meeting at 10 am Oct. 26 - Coaches Rules Education Meeting at 10 am

RECRUITING PERIODS

CROSS COUNTRY / TRACK & FIELDOct. 1-30 - Contact Period

BASEBALLOct. 1-31 - Contact Period

MEN’S BASKETBALLOct. 1-5 - Contact PeriodOct. 6-34 - Evaluation Period

WOMEN’S BASKETBALLOct. 1-6 - Contact PeriodOct. 7-31 - Evaluation Period

FOOTBALLOct. 1-31 - Evaluation Period** 42 Evaluation Days during the months of Sept., Oct., and Nov. selected at the discretion of the institution and on file in writing in the Athletic Compliance Office. Off-campus recruiters shall not visit a PSA’s educational institution more than once per week during this period. All other dates shall be considered Quiet Period.

SOFTBALLOct. 1-31 - Contact Period

VOLLEYBALLOct. 1-31 - Contact Period

ALL OTHER SPORTSOct. 1-31 - Contact Period

Nicole GreenDirector of Compliance

ngreen@memphis.edu

Sally AndrewsAssistant Compliance Coordinator

sandrews@memphis.edu

Ryan CrewsCompliance Assistant

rcccrews@memphis.edu

INTERPS

OCTOBER, 2011 | VOL. 12

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole GreenDirector of Compliance

ngreen@memphis.edu

Sally AndrewsAssistant Compliance Coordinator

sandrews@memphis.edu

Ryan CrewsCompliance Assistant

rcccrews@memphis.edu

Off-Campus Housing Rental Costs (1)

Date Published: February 14, 2001 | Item Ref: 1

Interpretation: The subcommittee reviewed a previous minute re-lated to off-campus housing at the home of an athletics representative and clarified that an assessment to determine rental costs for similar housing in the institution’s locale must be based on the fair market rental value for the particular residence or housing. It noted that such an assessment may include the actual housing costs for students resid-ing in similar housing arrangements within the community. However, the subcommittee noted that it is not permissible to assign an under market value for student-athletes based only on the rental costs for all students in that locale who are provided housing at a reduced rate. Further, the subcommittee noted that it remains permissible to obtain housing through the institution’s housing office pursuant to policies applicable to the entire student body.

[References: Bylaws 15.2.2.1.5 (cost-free apartment), 16.12.2.1 (general rule) and 16.12.2.4 (preferential treatment); 03/19/87 official interpreta-tion, Item No.5 and 09/06/91 staff interpretation, item b.]

“4-4-4” Transfer -- Fulfillment of Nonqualifier Residency Requirement for Practice and Financial Aid (I)

Date Published: March 31, 2011 | Item Ref: a

Interpretation: The academic and membership affairs staff confirmed that a nonqualifier who attends two four-year institutions during his or her first year of enrollment (e.g., one semester at each, one quar-ter at one and two quarters at the other) may combine the terms of enrollment at the two institutions to fulfill the one-year residence re-quirement for practice and athletically related financial aid if he or she transfers to a third four-year institution at the beginning of the student-athlete’s second year of enrollment.

[References: NCAA Bylaws 14.02.13.1 (academic year of residence), 14.3.4 (residence requirement – nonqualifier), 14.5.5 (four-year college transfers), 14.5.5.1.2 (attendance for less than one academic year), 14.5.5.2.8 (return-to-original-institution without participation or mini-mal participation exception), and a staff interpretation (11/19/93, item a), which has been archived]

including meals and entertainment. Harris received more than $140 in benefits from meals, entertainment, transpor-tation and nightclub cover charges.

During the student-athlete reinstatement process, the staff considers a number of factors including guidelines es-tablished by the Division I NCAA Committee on Student-Athlete Reinstatement for the type of violations and value of benefits, if a significant competitive advantage was gained, the student-athlete’s responsibility for the viola-tions and any mitigating circumstances presented by the school, among other factors.

“From regular reviews of our rules to the presidential retreat earlier this month, our members have continually stressed that involvement of third parties during recruitment will not be tolerated, and there must be accountability for inappropriate behavior,” said Kevin Lennon, NCAA vice president of academic and member-ship affairs.

“The NCAA has informed the University of Miami of their decisions regarding the reinstatement of eight student-athletes who were declared ineligible by the University last week,” Miami athletics director Shawn Eichorst said. “The student-athletes involved have acknowledged re-ceiving improper benefits and will now be responsible for restitution and, in some cases, the student-athletes will also serve game suspensions. They understand that their actions demand consequences.

“This university has the highest standards in all of our aca-demic and athletic endeavors. We will remain steadfast in our commitment to continue to build winning programs with the utmost of integrity. We will be more vigilant in our compliance and continue to work with the NCAA on the joint investigation to determine the facts.

“We appreciate the diligence and understanding of the NCAA staff and its handling of the student-athlete eligibil-ity issues in an expeditious manner. I would also like to thank Coach [Al] Golden and his staff for their profession-alism and leadership over the past few weeks.”

The reinstatement process typically concludes prior to the close of the enforcement investigation, which must deter-mine the university’s responsibility for violations. While it depends on the complexity of the case, most student-ath-lete reinstatement requests are resolved in about a week after the school has provided a complete request and the reinstatement staff has all the necessary information. In contrast an enforcement investigation, which also varies in length depending on the complexity, must look at the totality of issues and takes an average of 11 months. For this reason, student-athlete reinstatement decisions do not signal that an enforcement investigation is complete.

Miami, continued from page 1

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BOISE STATE CITED FOR MAJOR VIOLATIONS IN FIVE SPORTSNCAA.org - Publish date: Sept. 13, 2011Boise State University was cited for multiple vio-lations in various sports, according to findings announced today by the Division I Committee on Infractions. The case included numerous ma-jor violations involving more than 75 prospects and student-athletes in five sports over the course five years. The involved sports included football, men’s and women’s cross country and track and field, and men’s and women’s tennis. The vast majority of the violations found by the committee were agreed upon by the university.

Public Infractions ReportAs a part of the findings, the former head wom-en’s tennis coach was cited for unethical con-duct and a failure to monitor. A former assistant track coach was also found for unethical con-duct. In addition, multiple recruiting violations were found, including impermissible lodging, transportation, practice sessions, financial aid and cash payments.

Penalties include a four year show-cause order for the former head women’s tennis coach and a two-year show-cause order for the former as-sistant track coach, which restricts these former coaches’ recruiting activity at any NCAA mem-ber school for specified periods of time. Uni-versity penalties include a one-year postseason ban for women’s tennis, recruiting restrictions, scholarship reductions, vacation of records, a $5,000 fine, and three years of probation.

The committee noted a particular concern with the early arrival of international student -athletes, who in some cases were not yet aca-demically qualified to enroll full-time.

Under the tenure of the former head women’s tennis coach, the program provided prospec-tive student-athletes impermissible cash pay-ments, educational expenses, entertainment, lodging, transportation and practice sessions, according to the findings of the committee. The program additionally allowed a student-athlete to compete one year beyond her eligibility. Further, during the investigation, the former

head women’s tennis coach violated the prin-ciples of ethical conduct when he knowingly committed and failed to report NCAA violations. The committee also found the former head women’s tennis coach provided and encour-aged others to provide false or misleading infor-mation to NCAA enforcement staff. This coach was found for a failure to monitor and promote compliance for his role in NCAA violations.

A former assistant track coach was cited for unethical conduct in the recruitment of a pro-spective student-athlete. After an unofficial visit by the prospective student-athlete, the former coach provided the prospect with a check to par-tially reimburse travel expenses in relation to the trip. During the formal investigation by the university, the former track coach provided false or misleading information on three occasions.

The committee also cited recruiting, impermis-sible housing and transportation violations in the football program during the summers of 2005 through 2009. In particular, it noted that the football violations occurred over a lengthy peri-od of time and involved 63 prospective student-athletes.

Violations were first reported by a former assistant track coach. The university initiated an investigation which was joined by the enforce-ment staff. This resulted in the discovery of ad-ditional violations. Although the university be-lieved the violations reflected a failure to monitor, the committee found that the scope of nature of the violations demonstrate a lack of institutional control. Specifically, Boise State failed to estab-lish an adequate compliance system to report NCAA rules violations with regard to impermis-sible housing, transportation and other benefits to prospective and enrolled student-athletes. The university failed to provide adequate rules education and training to staff members to en-sure compliance. In addition, the university failed to monitor its program to deter, find and report instances of NCAA violations to the NCAA.

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OUT OF SEASON SPORTSPer Bylaw 17.1.6.2.1.1 dur-ing Institutional Vacation Pe-riods student athletes who are outside the playing sea-son can not participate in any countable activities other than voluntary strength and conditioning conducted by strength coaches who aren’t countable to your sport and perform department- wide duties.

IN SEASON SPORTSPer Bylaw 17.1.6.3.6, daily and weekly hour limitations do not apply to in season sports during institutional va-cation periods. However, dur-ing weeks that include days on which classes are in ses-sion and an institutional va-cation period, the weekly day off IS REQUIRED and can be taken on a day that falls when classes are in session OR on a day that falls during the vaca-tion period.

Week of Oct. 9- one day off required. This day off can be on a day when classes are in session (Oct. 9-14) or during the vacation period (Oct. 15). Daily and weekly hour limita-tions only apply for days in which classes are in session (Oct. 9-14)

Week of Oct. 16- one day off required. This day off can be on a day when classes are in session (Oct. 19-22) or dur-ing the vacation period (Oct. 16-18). Daily and weekly hour limitations only apply for days in which classes are in session (Oct. 19-22)

PLAYING & PRACTICE FALL BREAK October 15-18 (Sat-Tues)

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole GreenDirector of Compliance

ngreen@memphis.edu

Sally AndrewsAssistant Compliance Coordinator

sandrews@memphis.edu

Ryan CrewsCompliance Assistant

rcccrews@memphis.edu

OCTOBER, 2011 | VOL. 1

4

COMPLIANCE STAFF

570 Normal Street | Memphis, TN 38125 | Office: 901.678.2088 | Fax: 901.678.1653

Nicole GreenDirector of Compliance

ngreen@memphis.edu

Sally AndrewsAssistant Compliance Coordinator

sandrews@memphis.edu

Ryan CrewsCompliance Assistant

rcccrews@memphis.edu

OCTOBER, 2011 | VOL. 1

2001 Column No. 13 -- NCAA Bylaw 15.01.5 -- Eligibility of Student-Athletes for Institutional Financial Aid (I)

Date Published: June 18, 2001Item Ref: Column 13 #2

NCAA Division I institutions should note that pursuant to Bylaw 15.01.5, a student-athlete may be awarded institutional financial aid during any term in which he or she is regular attendance (i.e., was enrolled initially in a minimum full-time program of studies as defined by the certifying institution during that term) under the following circumstances:

1. The student-athlete is an undergraduate with eligibility remaining under Bylaw 14.2 (five-year rule);

2. The student-athlete is a graduate student eligible under Bylaw 14.1.7; or

3. Within six years after initial enrollment in a collegiate institution (provided the student does not receive such aid for more than five years during that period); however, after the six-year period expires, this restriction shall apply only to unearned athletics aid for which the athletics department intercedes on behalf of the student-athlete.

Institutions should note that a student-athlete with eligibility remaining as a result of any extension of his or her five years of eligibility may receive institutional athletically related financial aid, even though the student-athlete previously has received aid for five years within a six-year period after initial enrollment. Finally, the NCAA Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations, during its No-vember 17, 1998, telephone conference, determined that it is permissible for an institution to award financial aid to a student-athlete who has exhausted intercollegiate eligibility and is enrolled in less than a minimum full-time program of studies, provided the student-athlete is carrying for credit the courses necessary to complete degree requirements.

Educational ColumnThe penalties, some of which were self-imposed by the university and ad-

opted by the committee, include:

• Public reprimand and censure.• Three years of probation from Sept. 13, 2011, through Sept. 12, 2014. The public report further details the conditions of this probation.• A one-year ban on postseason play following the 2011-12 women’s tennis season.• Reduction of football scholarships from 85 to 82 for the 2011-12, 2012-13 and 2013-14 academic years.• Four-year show-cause order for the former women’s tennis head coach from Sept. 13, 2011, through Sept. 12, 2015. The public report further details these conditions.• Two-year show-cause order for the former assistant track coach. The public report details these conditions.• Reduction of men’s and women’s track and field scholarships by 1.5 equivalencies from the average annual amount awarded the past four years during the 2011-12 and 2012-13 academic years (self-imposed by the university).• Reduction of women’s tennis scholarships from eight to five during the 2011-12 and 2012-13 academic years (self-imposed by the university).• Reduction in practice opportunities for football, men’s tennis and women’s tennis (men’s and women’s tennis self-imposed by the university).• Reduction of official recruiting visits for men’s tennis, men’s track and field and cross country, and women’s track and field and cross country (self-imposed by the university).• Reduction in number of recruiters permitted to recruit off-campus for six months during the 2011-12 and 2012-13 academic years for men’s and women’s track and field and cross country (self-imposed by the university).• Two-year prohibition in the recruitment of international prospective student-athletes for men’s and women’s cross country and track and field and women’s tennis (men’s and women’s cross country and track and field self-imposed by the university).• The institution must pay a $5,000 penalty as a result of a student-athlete’s ineligible participation (self-imposed by the university).• Vacation of all wins in which a particular women’s tennis student-athlete participated in during the 2008-09 season, including any postseason competition, and the student-athletes individual records. The public report contains additional details.

The members of the Committee on Infractions who reviewed this case include Dr. Dennis Thomas, the commissioner of the Mid-Eastern Athletic Conference and chair of the Committee on Infractions. Other members are Britton Banowsky, commissioner of Conference USA; John S. Black, attorney; James O’Fallon, law professor and faculty athletics representative for University of Oregon; Melissa (Missy) Conboy, deputy director of athletics at the University of Notre Dame; Andrea Myers, athletics director emeritus, Indiana State University; and Gregory Sankey, associate commissioner of compliance for the Southeastern Conference.

Boise, continued from page 4