INDIANAPOLIS --- The NCAA Division II Committee on Infractions has placed Kentucky Wesleyan College on probation for three years, vacated all contests in which 45 student-athletes competed while improperly certified as eligible and adopted a number of penalties and corrective actions that were self-imposed by the institution in a case involving several major violations. The committee found a lack of institutional control and a failure by the institution to monitor its athletics programs.
The case was resolved through the summary disposition process rather than a formal hearing before the Committee on Infractions. Summary disposition is used when there is agreement among the institution, the NCAA enforcement staff and involved parties as to the facts of the case. The Committee on Infractions reviewed the agreement and the penalties recommended by the institution.
"The case mainly involved violations in the areas of student-athlete eligibility certification, tracking of countable athletically related activities and monitoring of promotional activities. The violations occurred as a result of the institution's failure to monitor its athletics program and install an adequate rules compliance system operated by individuals possessing appropriate background and knowledge," the committee noted in its public report.
Between the academic years 1998-99 and 2004-05, the institution's failure to implement an athletics compliance system led to 45 transfers, continuing and enrolling student-athletes being certified as eligible for financial aid, practice and competition when they should not have been. The affected student-athletes participated in women's volleyball, football, men's basketball, women's tennis, women's basketball, men's golf, men's soccer and baseball.
For example, during the 1999-00 through 2002-03 academic years, seven four-year transfer student-athletes were certified to represent the institution in athletics competition during their initial years in residence at the institution, even though the student-athletes did not satisfy the one-time transfer requirements of NCAA regulations. The student-athletes participated in women's tennis, football, women's basketball and women's volleyball.
The violations regarding student-athlete eligibility went undetected on campus until a February 2003 request by the Great Lakes Valley Conference office for documentation regarding four men's basketball student-athletes. After a review of the documents indicated possible eligibility problems with two of the student-athletes, a full-scale investigation was conducted and further violations uncovered. The institution acknowledged that its athletics program was poorly managed to the point of being "out of control" during the relevant time frame. The faculty member and faculty athletics representative, who did not have the background and training necessary to successfully administer a compliance program, had sole responsibility for compliance oversight from 1999 through July 2003.
In addition, without a system to monitor countable athletically related activities, certain teams exceeded the allowable limits. Coaches in the sports of softball, women's volleyball and women's soccer failed to maintain complete and accurate records of practice and game-day activities and countable practice hours.
The penalties in the case are as follows:
• Public reprimand and censure.
• The institution will be placed on probation through July 13, 2009.
• Reduction of one full scholarship for men's basketball for the 2006-07 season.
• Reduction of a partial scholarship for baseball during the 2007 season.
• The eligibility of all transfer student-athletes shall be certified by the conference office throughout the period of probation.
• The institution will vacate all contests in which the 45 student-athletes competed while ineligible. The records of the head coaches in the affected sports must be reconfigured to reflect the vacated records/results and the vacated records shall be included in all publications in which records and performances are referenced, including but not limited to media guides, recruiting materials, Web sites, institution and NCAA archives. Any public reference to any team performance that includes a vacated result shall be removed, including but not limited to athletic department stationary and banners displayed in public areas such as the venues in which the affected teams compete.
• The institution must undergo an external review of its campus compliance system and must comply with all recommendations made by the reviewer in a timely fashion.
• During the probationary period, the institution shall implement a comprehensive educational program, including seminars and testing on rules compliance and record keeping, for coaches, athletics department staff, the faculty athletics representative and all staff responsible for admission, eligibility certification, retention and financial aid tracking.
• A preliminary compliance report, establishing a scheduled for creating the compliance and educations program, must be submitted to the Division II Committee on Infractions by September 15, 2006. Annual reports, including documentation of compliance with all the penalties imposed by the committee and emphasis on the education of campus personnel, boosters and the creations of the comprehensive campus-wide compliance system, are due on May 15 of each year during the probationary period.
The members of the NCAA Division II Committee on Infractions who reviewed the case are Larry Blumberg, chair of the math department and faculty athletics representative, Washburn University of Topeka; Jean Paul Bradshaw II, attorney; Bruce Kirsh, athletics director and vice president at Franklin Pierce College, also chair of the committee; and Laure Smith, associate athletic director and senior woman administrator, University of Nebraska at Kearney.
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