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Infractions cases are decided by hearing panels comprised of NCAA Division I Committee on Infractions members. Decisions
issued by hearing panels are made on behalf of the Committee on Infractions.
2 A member of the Sun Belt Conference, the institution's total enrollment is approximately 18,000. The institution sponsors nine
men's and nine women's sports. This is the institution's first major, Level I or Level II infractions case.
The parties agreed that Bylaw 19.9.4-(b) Prompt acknowledgement of the violation and acceptance of responsibility should apply
for the former assistant coach. The panel determines the mitigating factor does not apply. The former assistant coach also identified
nine other factors that he believed constituted mitigation. Most of those claims did not fall into the factors identified by Bylaw
19.9.4. The panel, however, considered each of the factors under Bylaw 19.9.4-(h) Other facts warranting a lower penalty range.
The panel discusses those factors in Section V.
Beginning on August 1, 2014, the NCAA membership permitted the use of text messaging during the recruiting process. See
Bylaw 13.4.1.4 (NCAA Division I Manual 2014-15).
The former assistant coach claimed eight other factors: (1) the fact that the violations occurred three years ago; (2) he has not
previously been involved in NCAA violations; (3) the violations were isolated to a single prospect; (4) the prospect was not
designated as a recruited prospect; (5) the institution did not gain a competitive advantage; (6) he only texted the mother, not the
prospect; (7) any recruiting advantage was, at most, minimal; and (8) the conduct is now permissible.
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The fine shall be paid consistent with Division I COI Internal Operating Procedure 4-16-2, Financial Penalty.
The former assistant coach's current institution identified four restrictions for the former assistant coach. He: 1) will receive
monthly, one-on-one NCAA compliance educational sessions with the compliance staff focusing on recruiting legislation
throughout the 2016-17 academic year; 2) will attend a 2017 NCAA Regional Rules Seminar at his own expense; 3) will be withheld
from all off-campus recruiting activity for 13 weeks in the fall of 2016 (September 1 to November 26, 2016); and 4) was withheld
from all recruiting communication for two weeks in September 2016 (September 1 through September 14).
The committee advises the institution that it should take every precaution to ensure that the terms of
the penalties are observed. The committee will monitor the penalties during their effective periods.
Any action by the institution contrary to the terms of any of the penalties or any additional violations
shall be considered grounds for extending the institution's probationary period, prescribing more severe
penalties or may result in additional allegations and violations.
NCAA COMMITTEE ON INFRACTIONS PANEL
Michael F. Adams
Carol Cartwright
Greg Christopher
Alberto Gonzales
Joseph Novak
Greg Sankey, Chief Hearing Officer