INDIANAPOLIS --- The
University of Iowa has been penalized by the NCAA Division I Committee
on Infractions for major violations related to the men's swimming
program. The institution has been placed on two years of probation and
must reduce the amount of financial aid it can offer in the sport by
the equivalent value of one scholarship for three years.
In
addition, the committee charged the former head men's swimming coach
with unethical conduct and the former coach was given a five-year show
cause penalty. Should the former head coach seek athletically related
employment with another NCAA institution, he and the hiring institution
must appear before the Committee on Infractions to determine whether
his duties should be limited.
The
violations were resolved through the summary disposition process, which
is utilized in place of a formal hearing when the NCAA enforcement
staff, the member institution and involved individuals agree to the
facts of an infractions case and that those facts constitute major
violations.
In addition to
the two-year probationary period and reductions in financial aid awards
mandated by the Committee on Infractions, the institution must also
follow its self-imposed penalties. These self-imposed penalties include
accepting the resignation of the former head coach, dismissing the
three student-athletes involved from the institution, vacating records
for the individual points earned by the ineligible student-athletes, as
well as adjusting the team standing with the Big Ten Conference, and
payment of a $5,000 fine.
These
sanctions are in response to violations of the transfer legislation,
the unethical conduct finding against the former head coach and
unethical conduct by three former student-athletes, as well as several
secondary violations.
The
case involved fraud in the admissions process which resulted in
ineligible competition by three international men's swimming
student-athletes.
The
three former student-athletes were international transfers who competed
while ineligible during their transfer year in residence and falsified
admissions documents by omitting previous college attendance. The
former student-athletes failed to disclose their previous college
attendance in numerous documents including their application for
university enrollment, the Initial Eligibility Clearinghouse
application, the NCAA general amateurism and eligibility forms for
international student-athletes, Big Ten student-athlete statement, as
well as during conversations with institution personnel.
In
addition, the former head men's swimming coach had knowledge of the
former student-athletes' previous college attendance prior to their
enrollment at the institution and failed to report this information to
university officials. In one particular instance, the former head coach
reported that he discarded an application submitted by one of the
former student-athletes that disclosed prior enrollment and sent the
former student-athlete a second application.
"Although
the violations in this case were narrow in scope, they were major in
nature … It was agreed the case was major in nature because a
competitive advantage was gained when applicable transfer regulations
were circumvented and all three former student-athletes failed to
fulfill the required year of residency prior to engaging in
competition," the committee wrote in its public report.
In
addition to the major violations, four secondary violations of NCAA
amateurism, recruiting and eligibility legislation were uncovered as
well. All of these violations were related to recruitment and
eligibility certification of the former student-athletes involved in
the case.
The Committee on Infractions has imposed the following penalties on this case:
The institution shall be publicly reprimanded and censored.The university shall be placed on two years probation from November 2, 2006 to November 1, 2008.The
institution accepted the former head coach's resignation on December
17, 2004. This penalty was self-imposed by the university.The
university shall limit scholarships, or grants-in-aid, in the sports of
men's swimming to no more than 8.9 equivalencies during each of the
2007-08, 2008-09 and 2009-10 academic years (men's swimming can offer a
maximum amount of financial aid each year equal to 9.9 scholarships).
These reductions in financial aid awards are, and are intended to be,
independent of and additional to any reductions in financial aid awards
that may be imposed by the Committee on Academic Performance (CAP)
either as a contemporaneous or historical penalty.The
three former men's swimming student-athletes were dismissed from the
institution on January 14, 2005, and reinstatement of their eligibility
was not requested. This penalty was self-imposed by the university.
Individual
points earned by the ineligible student-athletes will be vacated and
team standings will be adjusted by the Big Ten Conference. The three
former student-athletes did not compete in NCAA championship
competition. This penalty was self-imposed by the institution.The
university has paid a $5,000 fine for the ineligible participation of
the three former student-athletes. This penalty was also self-imposed
by the institution.The former head men's
swimming coach will be informed in writing by the NCAA that, due to his
involvement in certain violations of NCAA legislation found in this
case, if he seeks employment or affiliation in an athletically related
position at an NCAA member institution during a five year period ending
on December 16, 2009, he and the involved institution shall be
requested to appear before the Committee on Infractions to consider
whether the member institution should be subject to the show cause
procedures.
Members
of the Division I Committee on Infractions who decided this case were
Josephine R. Potuto, professor of law, University of Nebraska, Lincoln
and chair of the committee; Paul T. Dee, director of athletics,
University of Miami (Florida); Eileen K. Jennings, general counsel,
Central Michigan University; Edward I. Leland, vice president of
advancement, University of the Pacific; Alfred J. Lechner, Jr.,
attorney, Lerner David LLP; Gene A. Marsh, professor of law, University
of Alabama, Tuscaloosa; Thomas R. Phillips, attorney, Baker Botts LLP;
and Dennis E. Thomas, commissioner, Mid-Eastern Athletic Conference.
