INDIANAPOLIS---The
NCAA Division II Committee on Infractions has penalized Lynn University
for major and secondary violations in the institution's softball
program. The violations include impermissible benefits and unethical
conduct by the former head softball coach.
Penalties
for the violations include placing the university on two years of
probation, a vacation of records to include the national championship
title in 2005, and a reduction in available softball scholarships. In
addition, the former head coach was given a two-year show-cause
penalty. Under this penalty, the university where the former coach is
currently employed must appear before the Committee on Infractions if
it does not agree to limit his duties as outlined by the committee. The
current employing university has agreed to abide by this penalty.
During
the spring of 2005, the former head coach intentionally supplied two
student-athletes with cash payments totaling $3188.61. These payments
are considered impermissible benefits, causing the student-athletes to
become ineligible for competition. However, the former coach allowed
the two student-athletes to compete throughout the spring 2005 softball
season, which culminated in a national championship for the university.
The
committee found the former head coach knowingly provided impermissible
benefits to the two student-athletes, intentionally provided false or
misleading information during the investigation, and attempted to
improperly influence one of the student-athlete’s statements during the
investigation.
The
committee stated in its report it was troubled by the former head
coach’s intentional violations and his continuing deceit. In addition,
the committee stated by asking a young student-athlete to be
untruthful, the former head coach completely disregarded her wellbeing
and his responsibility to act as a role model. As a result of these
actions, the committee charged the former head coach with unethical
conduct.
The committee also found one secondary violation in conjunction with the case, which is further detailed in the public report.
This
case was originally scheduled to be considered through the summary
disposition process, which is a cooperative effort that may be used in
place of a formal Committee on Infractions hearing. This process is
utilized when the NCAA enforcement staff, university and involved
athletic staff members agree to the facts of the case and those facts
involve major violations.
However,
the committee felt additional penalties were warranted in this case.
The university agreed to a portion of these new penalties, but felt the
penalty calling for a vacation of records to be “excessive.” As such,
an expedited hearing regarding the disputed penalty was held.
In
determining the penalties, the committee considered the university's
self-imposed penalties and corrective actions. The penalties, some of
which were self-imposed by the institution and adopted by the
committee, are as follows:
Public reprimand and censure.Two years of probation from July 17, 2007 to July 16, 2009 (self-imposed by the university).Reduction
of the maximum softball grants-in-aid equivalency limit by 0.16 to a
limit of 7.04 for the 2006-07 academic year (self-imposed by the
university). Institutional
recertification that current athletics policies and practices conform
to all requirements of NCAA rules (self-imposed by university).Declared
the two student-athletes as ineligible for intercollegiate athletics.
Each student-athlete was required to repay the value of the
impermissible benefits to charity. One student-athlete was withheld
from the first 30 percent of the 2006 softball season (self-imposed by
university).The university shall vacate
all contests, including the conference championship and NCAA tournament
games, in which the two student-athletes competed while ineligible.
Because the two student-athletes were unaware of their ineligibility,
their individual records do not have to be vacated. The university’s
records regarding softball as well as the record of the former head
softball coach shall be reconfigured to reflect the vacated records.
The vacation shall be recorded in all publications in which records for
softball at the university are reported, including but not limited to
university media guides, recruiting materials and institutional and
NCAA archives.
The
former head coach’s current employing university shall appear before
the committee and show cause why it should not be subject to penalty if
it does not agree to limit the coach’s activity as detailed by the
committee in the report.
The
Division II Committee on Infractions consists of conference and
institutional athletics administrators, faculty and a member of the
public. The committee independently adjudicates cases investigated by
the NCAA enforcement staff and determines appropriate penalties. The
committee's findings may be appealed to the Infractions Appeals
Committee.
The
members of the NCAA Division II Committee on Infractions who reviewed
this case are Bruce Kirsh, chair, athletic director and vice president,
Franklin Pierce College; Larry Blumberg, faculty athletics
representative and chair of math department, Washburn University of
Topeka; Jean Paul Bradshaw II, attorney, Lathrop & Gage L.C; Sherry
Kennemer, senior woman administrator and associate director of
athletics, University of North Alabama; and Wendy Taylor May, assistant
athletic director, University of California, San Diego
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