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football violations
UNIVERSITY
OF OREGON PLACED ON PROBATION
The committee found that
the assistant coach had had multiple contacts with the prospect,
violating NCAA legislation limiting such contact to one per week. The
committee also found that the coach was present when the prospect
executed his NLI to attend the university, also a violation.
The
committee also found that the assistant coach accepted an NLI that he
knew to be invalid for two reasons: it was executed after midnight of
the last permissible signing date for midyear junior college transfers
in football; and the document contained the forged signature of the
prospect's father. Despite direct knowledge of the circumstances
surrounding the NLI's execution, the assistant football coach faxed the
invalid document to the institution, the first step in representing the
NLI as a valid document.
The committee also found that the knowing and intentional nature of the
assistant coach's conduct violated NCAA ethical standards, and for that
reason the case was considered "major." However, the committee also
noted that the assistant coach was in his 19th year at the institution
and had never been involved in even a secondary infraction prior to this
case. It was the committee's conclusion that this violation, though
serious, appeared to be an uncharacteristic one-time lapse in judgment
of a well-established assistant coach. The committee also noted that
institutional personnel noticed that there was a problem with the NLI
the day after it was faxed to the university.
The institution, the NCAA enforcement staff and the assistant
football coach agreed with the committee's findings and that the facts
constituted a violation of NCAA legislation.
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As noted earlier, the case was resolved through the summary
disposition process. The committee accepted the university's proposed
penalties and corrective actions and decided not to impose any
additional sanctions. The penalties proposed by the university and
adopted by the Division I Committee on Infractions are:
- Public reprimand and censure.
- Two years of probation beginning May 4, 2004, the committee's date
of consideration of the case.
- The assistant football coach was suspended without pay for one
week during the 2003-04 academic year. He also was placed on probation
for one year at the institution and had a letter of reprimand included
in his personnel file.
- The university did not allow the assistant football coach involved
in this case to engage in any off-campus recruiting activities until
January 2004. Additionally, he was permitted to engage in off-campus
recruiting only one of the three permissible contact weeks in January
2004.
The university restricted the number of coaches allowed off campus
during the 2003-04 recruiting cycle in football. Typically seven
coaches are allowed to engage in off-campus recruiting during a
contact period. The institution withheld one of the seven off-campus
recruiting coaches during two of the permissible contact weeks.
- The university terminated the recruitment of the prospective
student-athlete involved in this case.
- During the probationary period, the university shall continue to
develop and implement a comprehensive educational program on NCAA
legislation and submit periodic reports to the NCAA. The university
also is required to submit, to the director of the NCAA Committees on
Infractions, a preliminary report that sets forth a schedule for
establishing this compliance and educational program. The institution
also must file annual compliance reports indicating progress made with
the program and placing particular emphasis on monitoring of
recruitment by the football program and adherence to the rules and
regulations of the National Letter of Intent program. At the end of
the probationary period, the university's president will provide a
letter to the committee affirming that the university's current
athletics policies and practices conform to all requirements of NCAA
regulations.
As required by NCAA legislation for any institution involved in a
major infractions case, the University of Oregon is subject to the
provisions of NCAA Bylaw 19.5.2.3, concerning repeat violators, for a
five-year period beginning on the effective date of the penalties in
this case, May 4, 2004.
The members of the NCAA Division I Committee on Infractions who heard
this case are: Thomas Yeager, committee chair and commissioner, Colonial
Athletic Association;
Indiana State University; James Park Jr., attorney, Lexington,
Kentucky; and Josephine R. Potuto, professor of law, University of
Nebraska College of Law
Paul T. Dee, director of athletics, University of
Miami; Alfred J. Lechner, Jr., attorney, Princeton, New Jersey; Gene A.
Marsh, professor of law, University of Alabama School of Law; Andrea L.
Myers, director of athletics.
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