INDIANAPOLIS --- The NCAA Division III Committee on Infractions has cited the University of Southern Maine for lack of institutional control and made unethical conduct findings against two athletics staff members in a case involving 37 student-athletes in 15 sports who were paid for work they did not perform during the 2003-04 academic year.

The committee placed the university on probation for two years and imposed several other penalties in this case, which 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 violations involved work-study fraud resulting in impermissible financial aid and extra benefits, unethical conduct and a lack of institutional control. The overpayments totaled $10,598.95, ranging from $6.30 to $3,300 per student-athlete. Seven of the overpaid student-athletes participated in women's basketball, seven in women's ice hockey, five in baseball and softball, four in women's lacrosse and three in wrestling. Others participated in men's ice hockey, men's lacrosse, golf, track, soccer and field hockey with some of the involved student-athletes participating in more than one sport.

Most of the work-study violations occurred when an assistant coordinator of the work-study program had difficulty properly staffing athletic events and began offering double-time payments to student-athletes as an incentive for participation. In addition to offering double pay, the assistant coordinator offered work to more student-athletes than he actually needed to staff each event in an effort to ensure that an adequate number of student-athletes reported to work. The student-athletes took advantage of this situation and at times went to class, practice, meals or to their homes while they were clocked in and getting paid. Because there was not a formal schedule for the workers, the assistant coordinator was unable to determine that certain student-athletes were clocking in for work they did not perform.

According to the infractions report, the university and the Committee on Infractions found that during the institutional and NCAA investigation, "the assistant coordinator did not on all occasions deport himself in accordance with the generally recognized high standards of honesty normally associated with the conduct and administration of intercollegiate athletics." As such, it was found that the assistant coordinator's actions constituted an unethical conduct violation

Also according to the Committee on Infractions report, "The institution's failure to implement systems that could have prevented or detected the student-athletes' fraudulent activities throughout the 2003-04 academic year demonstrated a lack of institutional control."

The remaining violations originated when an athletics department administrative assistant allowed a student-athlete who had depleted the funds she was eligible to earn through work-study to continue earning money by working under the name of another student. In addition, the administrative assistant instructed a separate student-athlete who had worked when unauthorized to add those hours to later time cards, which was a violation of the published work-study guidelines. The administrative assistant later provided false and misleading information to investigators and advised a student-athlete to do the same. It was found that the administrative assistant's actions constituted unethical conduct.

The penalties in the case are as follows:

• Public reprimand and censure.
• The institution will be placed on probation for two years until February 21, 2009.
• A compliance audit is to be conducted during the 2006-07 academic year to determine compliance with NCAA expectations.
• Restitution by the department of athletics to the office of financial aid for all double-time payments.
• Restitution by the department of athletics to the office of financial aid for all pre-authorization work.
• Oral reprimands were issued and written reprimands were placed in the employment files of the assistant coordinator, the head men's basketball coach, the head wrestling coach, the ice arena manager, the crew leader in the ice arena and the athletics facilities supervisor.
• Both the assistant coordinator and the administrative assistant were suspended for one-week without pay, issued oral warnings and written reprimands that were placed in their employment files and received training and development regarding activities where policy and procedures were misapplied.

The members of the NCAA Division III Committee on Infractions who reviewed this case are Gerald L. Young, chair, associate athletic director, Carleton College; Geraldine J. Butler, attorney, Baker & Hostetler; Jone Dowd, senior woman administrator, Catholic University; Mary Jo Gunning, athletic director, Marywood University; and Branwen Smith-King, assistant athletic director, Tufts University.