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College Sports, Division II

NCAA Division II Secondary Case Review: Unethical Conduct

The Michael L. Buckner Law Firm continues its educational series on NCAA legislation through a review of selected cases involving secondary rules-violations. Today’s post reviews a secondary case involving a violation of NCAA Division II Bylaw 10.1 (unethical conduct). The bylaws provide:

Bylaw 10.1 Unethical Conduct: Unethical conduct by a prospective or enrolled student-athlete or a current or former institutional staff member, which includes any individual who performs work for the institution or the athletics department even if he or she does not receive compensation for such work, may include, but is not limited to, the following:  (Revised: 1/10/90, 1/9/96, 7/20/10, 2/24/11)

(a) Refusal to furnish information relevant to an investigation of a possible violation of an NCAA regulation when requested to do so by the NCAA or the individual’s institution;

(b) Knowing involvement in arranging for fraudulent academic credit or false transcripts for a prospective or an enrolled student-athlete;

(c) Knowing involvement in offering or providing a prospective or an enrolled student-athlete an improper inducement or extra benefit or improper financial aid;  (Revised: 1/9/96)

(d) Knowingly furnishing or knowingly influencing others to furnish the NCAA or the individual’s institution false or misleading information concerning an individual’s involvement in or knowledge of matters relevant to a possible violation of an NCAA regulation; (Revised: 1/13/10)

(e) Receipt of benefits by an institutional staff member for facilitating or arranging a meeting between a student-athlete and an agent, financial advisor or a representative of an agent or advisor (e.g., “runner”);  (Adopted: 1/9/96, Revised: 4/26/06)

(f) Knowing involvement in providing a banned substance or impermissible supplement to student-athletes, or knowingly providing medications to student-athletes contrary to medical licensure, commonly accepted standards of care in sports medicine practice, or state or federal law.  This provision shall not apply to banned substances for which the student-athlete has received a medical exception per Bylaw 31.2.3.5; however, the substance must be provided in accordance with medical licensure, commonly accepted standards of care and state or federal law;  (Adopted: 1/9/06, Revised: 4/26/06, 5/29/08, 10/19/10)

(g) Failure to provide complete and accurate information to the NCAA, the NCAA Eligibility Center or institution’s admissions office regarding an individual’s academic record (e.g., schools attended, completion of coursework, grades, test scores);  (Revised: 4/26/06, 3/3/10)

(h) Fraudulence or misconduct in connection with entrance or placement examinations;  (Revised: 4/26/06, 1/5/07)

(i) Engaging in any athletics competition under an assumed name or with intent otherwise to deceive; or  (Revised: 4/26/06, 1/5/07)

(j) Failure to provide complete and accurate information to the NCAA, the NCAA Eligibility Center or the institution’s athletics department regarding an individual’s amateur status.  (Adopted:  1/5/07)

The bylaw was cited in Secondary Case Number 51524 (March 15, 2012) involving a women’s basketball coach, which is summarized below:

Facts: During the 2012 spring semester, the head women’s basketball coach (HC) committed unethical conduct when he submitted cash advance requests for reimbursement for recruiting trips/events that he did not attend. Specifically, the HC submitted receipts to the institution’s business office for advance recruiting expenses for $170 and $500, respectively. The institution subsequently discovered that although the HC had made the trip to Oklahoma, he did not attend the events for which he had provided receipts. Therefore, the HC knowingly furnished false and misleading information concerning the use of institutional recruiting funds.

Additional Facts: None.

Institution Action: Coach is no longer employed by the institution. Institution will provide additional training to the entire staff on the use of recruiting funds and recruiting travel policies and procedures. Additional training will also be provided dealing with the applicable bylaw and unethical conduct.

Enforcement Action: No further action.

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About Justin P. Sievert, Esquire

Bar Admissions (North Carolina, Florida and Tennessee) Practice Area (College Sports Law)

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