NCAA Infractions Report

LETTER FROM NSU DIRECTOR OF ATHLETICS TONY DUCKWORTH

The National Collegiate Athletic Association (NCAA) has released information regarding an investigation they have conducted concerning the Northeastern State University women's tennis program. President Turner asked that I share this information with you following to the formal announcement by the NCAA.

I thought it would be helpful to provide a summary of what has transpired regarding the NCAA case since August 2012:

On August 22, 2012 the NCAA Enforcement Office contacted me informally to alert NSU that our women's tennis program was going to be investigated for potential violations from 2009 to 2011.
On August 29, 2012 the Director of NCAA enforcement spoke with Dr. Turner, NSU’s general counsel, Amber Fite-Morgan, and me as part of the official notice of inquiry process during a confidential teleconference.
NCAA Enforcement investigators were on campus between September 4 and September 6 to conduct interviews with various NSU student-athletes and staff members regarding their possible knowledge of or involvement in NCAA violations. Either Ms. Fite-Morgan or I were present during each interview.
As a result of testimony during the on-campus interviews, I recommended to Dr. Turner that the fall 2012 women's tennis season be cancelled in order to avoid participating in competition with student-athletes who were likely to be ruled ineligible. Dr. Turner accepted my recommendation thus avoiding additional penalties that would have been created had the season continued as scheduled.
Between September 2012 and January 2013, NCAA enforcement and the NSU department of athletics worked together to process numerous issues related to the investigation. On January 21, 2013, six members of the tennis team had their eligibility restored after making financial restitution to an approved charity of their choice. This is the standard action that is taken in similar NCAA cases. Once the student-athletes’ eligibility was restored, the women's tennis program played a full schedule in the spring of this year and advanced to the final 16 in the NCAA championship playoffs.
On January 30, 2013, after consultation with Dr. Turner and Ms. Fite-Morgan, I notified NCAA enforcement of NSU's desire to participate in the summary disposition process; which is the equivalent of an admission that NSU was involved in violations of NCAA rules. Dr. Turner signed the summary disposition agreement on April 4, 2013 that included self-imposed penalties.
On June 5, 2013, Dr. Turner and I received notification from the NCAA Committee on Infractions regarding the case and further penalties the committee determined were warranted.

Northeastern State University has cooperated with the NCAA from their initial contact with us and we have fully accepted the ruling by the NCAA Committee on Infractions. As part of our agreement with the NCAA, additional details regarding the violations and the penalties have been posted on goriverhawksgo.com.

This situation is highly regrettable and does not reflect the values and traditions of the department of athletics and our great university. I am confident that the circumstances of the case are highly unusual and we will take every step necessary to prevent anything like this from happening again. Northeastern State University and the department of athletics are committed to maintaining an environment that reflects complete compliance with the NCAA rules and meets the highest standards of proper conduct in everything we do.

NCAA Investigation Report (PDF) released Wednesday, July 3, 2013

INDIANAPOLIS - Northeastern State University’s former head women’s tennis coach provided cash, academic fees, meals and other benefits to his student-athletes, according to findings by the NCAA Division II Committee on Infractions. The former head coach’s actions resulted in the committee citing him for failing to promote an atmosphere for compliance and unethical conduct.

Penalties include one year of probation, a $5,000 fine, vacation of certain women’s tennis contests and a two-year show-cause for the former head coach. During the show-cause period, if employed at an NCAA school, the former head coach must attend an NCAA Regional Rules Seminar, attend ethics training and submit monthly reports to the school’s compliance office.

This case was resolved through the summary disposition process, a cooperative effort where the involved parties collectively submit the case to the Committee on Infractions in written form. The NCAA enforcement staff, university and involved individuals must agree to the facts of the case in order for this process to be utilized instead of having a formal hearing.

For two consecutive years, the former coach provided a total of six student-athletes with $1,300 cash shortly after their arrival on campus for initial enrollment. Over the course of three fall semesters, the former head coach provided women’s tennis team members regular post-practice meals, transportation and gifts on birthdays and holidays. The former head coach also provided four student-athletes with textbooks or cash to buy textbooks. Additionally, he paid certain fees for four international student-athletes.

From the spring of 2009 into the summer of 2012, four student-athletes participated on 13 recruiting calls to seven international prospective student-athletes, five of whom enrolled at Northeastern State. The former head coach claimed he believed it was permissible for current international student-athletes to assist him in overcoming the language barrier with prospects, but did not ask the athletics department for guidance on the matter.

The former head coach received regular NCAA rules education and was aware of the rules as they related to financial aid and extra benefits. Because his actions demonstrated that compliance with NCAA rules was not of foremost importance as he led the women’s tennis program, the committee cited him for a failure to promote an atmosphere for compliance and unethical conduct.

Penalties, including those imposed by the university, are:

Public reprimand and censure.
One year of probation from July 3, 2013 through July 2, 2014.
A two-year show-cause order for the former head coach. During this period, the committee restricts athletically related duties of the former head coach should he be employed by an NCAA school. The public report details the restrictions further.
A vacation of wins in which the 11 ineligible student-athletes competed during the 2009-10 through 2012-13 academic years, including regular season, and the team’s appearance in the Division II women’s tennis championships (imposed by the university).
Cancellation of the 2012 women’s tennis season (imposed by the university).
A $5,000 fine.

The members of the Division II Committee on Infractions who reviewed this case include Douglas Blais, faculty athletics representative, Southern New Hampshire University; Jean Paul Bradshaw II, attorney; Bridget Lyons, senior associate director of athletics, Barry University; Julie Rochester, chair and faculty athletics representative and associate professor, Northern Michigan University; Carey Snyder, associate director of athletics, East Stroudsburg University of Pennsylvania; Harry O. Stinson III, assistant athletics director of compliance, Kentucky State University; and Jane Teixeira, assistant commissioner of compliance, Pacific West Conference.