INDIANAPOLIS—The NCAA Division I Committee on Infractions has placed Texas State University-San Marcos on probation for three years for violations involving impermissible financial aid and excessive practice sessions for the football team.

The incidents led to a finding against the institution of lack of institutional control over its athletics program and a finding that the former head football coach failed to monitor the football program's compliance with NCAA legislation.

The committee noted in its report that the institution took appropriate and decisive action once the violations came to the attention of the university president.  The committee determined that the corrective actions – including dismissal of the football coaching staff and the director of athletics – and self-imposed penalties were appropriate.  The committee did not impose harsher penalties other than a public reprimand and censure and a three-year probationary period, which will end March 9, 2008.

"The committee also acknowledges the thoughtful approach taken by the university president, whose leadership prior to and during the hearing was a credit to the institution and the cooperative principle of the NCAA enforcement process," the committee's report states.

The case involves a number of violations in two categories.

The first involved widespread abuse of a system used by student-athletes to obtain textbooks between the 1997-98 and 2000-01 academic years.  In 1997 the university bookstore developed a system that credited student-athletes $500 each semester for the purchase of textbooks.  But the system did not track whether the full amount was needed or was being used solely for the student-athlete's own classes.

Student-athletes ended up with credits on their accounts, which eventually led to abuses such as purchasing unnecessary books or books for friends and family members.  Student-athlete spending on books increased 72 percent by the 1998-99 academic year.  The violations involved more than 135 individuals receiving impermissible aid in the amount of $73,845.

Evidence showed that on two occasions, the problem was brought to the attention of an associate athletics director, but did not lead to an adequate investigation.

"The failure to adequately investigate, which permitted multiple violations to occur over a number of years, resulted in the committee concluding that the institution and the former associate athletics director failed to exercise control over the institution's athletics department," the committee concluded.

The second series of violations occurred in the institution's football program during spring and summer 2003, when the coaching staff implemented a mandatory strength and conditioning program.  Voluntary programs are permissible, but the committee found that the coaching staff observed some of the workouts and took attendance, threatened playing time and required extra workouts for those players who did not attend, and on one or two occasions, refused to start 6 a.m. sessions until attending student-athletes called their teammates and convinced them to attend.

The committee determined these actions made the sessions mandatory.

The committee also found that the team exceeded practice hour limits in fall 2003.  In addition to exceeding NCAA limits of four hours of practice each day and 20 hours each week, some players were assigned extra conditioning work so that they did not receive a day off.  The practice led to a number of anonymous complaints to the school's athletics academic services office, which prompted an investigation by the institution.

"The institution and others similarly situated should be mindful of NCAA Constitutional Principle 2.2, which requires all member institutions to conduct their athletic programs in a manner that enhances the physical and educational welfare of the student-athlete," the committee said.

In this case involving the football program, the institution was commended for its quick and thorough investigation.  During its probationary period, the university shall continue to develop and implement a comprehensive educational program on NCAA legislation, including seminars and testing designed for coaches, the faculty athletics representative, athletics department personnel, and university staff responsible for certification of student-athletes for admission, retention, financial aid or competition.

The university must submit a preliminary report to the office of the NCAA Committees on Infractions by May 1, 2005, that includes a schedule for establishing the compliance and educational program.

It must also file annual compliance reports indicating progress made with this program by December 15 of each year during the probationary period.  The reports should emphasize tracking financial aid and countable hours for all the institution's student-athletes.

A number of self-imposed penalties in addition to the dismissals of the coaching staff and director of athletics were affirmed by the committee, including:

• The institution reduced financial aid limits (amount of reduction in parenthesis) during the 2003-04 academic year for football (2.39), women's track and field (.89), men's track and field (1.41), baseball (1.44), softball (.11), men's basketball (1) and men's golf (.05).
• The institution reduced financial aid limits for the 2004-05 academic year in football (.63), women's track (.26), men's track (.27), baseball (.06), softball (.11), volleyball (1), women's basketball (1), women’s tennis (1) and men's golf (.05).
• The university withdrew book scholarships for one semester for those student-athletes who purchased impermissible books.  The total reduction in aid totaled $17,529.
• Student-athletes were withdrawn from 156 contests due to NCAA Student-Athlete Reinstatement staff policy guidelines.
• The university required numerous student-athletes to repay $14,160 in impermissible benefits by giving to charity.

Division I Committee on Infractions is chaired by Gene A. Marsh, professor of law, University of Alabama.  The other members of the committee who heard the case were Paul T. Dee, director of athletics, University of Miami (Florida); Alfred J. Lechner Jr., attorney, Princeton, New Jersey; Andrea L. Myers, director of athletics, Indiana State University; James Park Jr., attorney, Lexington, Kentucky; Josephine R. Potuto, faculty athletics representative and professor of law, University of Nebraska, Lincoln; and Thomas E. Yeager, commissioner of the Colonial Athletic Association.