Newsletter

Infractions

University of the District of Columbia

The NCAA Division II Committee on Infractions recently imposed one of its most severe penalties on the University of the District of Columbia. The institution was placed on probation for five years for violations including a lack of institutional control, a failure to monitor, and a failure to cooperate with the NCAA enforcement staff.

In its findings, the Committee called the case "the most egregious lack of institutional control ever seen." Specifically, the university was found to have allowed 248 student-athletes and two prospective student-athletes to practice or compete while ineligible from the 2000-01 through the 2003-04 academic years. Some of those student-athletes also received athletics-based financial aid and benefits incidental to participation, including meals and travel expenses.

The violations occurred in large part due to the fact that the University had no policies in place to monitor eligibility of student-athletes, including enrollment status and eligibility requirements for incoming, transfer, and returning student-athletes. The University also failed to adequately provide education regarding NCAA rules to the student-athletes, coaches, and staff.

The Committee also found that during the course of the investigation the former director of athletics and former faculty athletics representative violated the NCAA principles of ethical conduct. Specifically, the former director of athletics refused to answer certain questions during his interviews with the enforcement staff, and the Committee determined that the former faculty athletics representative provided false and misleading information regarding his role in the student-athlete certification process.

The University self-imposed the cancellation of playing seasons for six sports. Also self-imposed was a cancellation of official paid visits to the University for eight sports. The Committee imposed a vacation of records and wins in which ineligible student-athletes participated, a reduction in scholarships, a post-season ban, and show cause orders for the former AD and FAR.

This was the second major infractions case for the University of the District of Columbia.

Education

Recreational Activities During an Official or Unofficial Visit

NCAA Bylaw 13.11.2.2 provides the general rule regarding athletic activities during a campus visit. The bylaw states: "A prospective student-athlete visiting a member institution may participate in physical workouts or other recreational activities during a visit to an institution's campus, provided such activities:
(a) Are not organized or observed by members of the athletics department coaching staff; and
(b) Are not designed to test the athletics abilities of the prospective student-athlete."

The NCAA Membership Services Staff recently clarified this regulation. The interpretation concluded that "during an official or unofficial visit, a prospective student-athlete may participate in recreational activities in a facility that is not open to the general public (e.g., facility reserved for student-athletes to participate in voluntary activities), provided such activities are not organized or observed by members of the athletics department coaching staff (including strength and conditioning coaches) and are not designed to test the athletics abilities of the prospective student-athlete."

For many years the NCAA has held that it is not permissible for prospects to borrow workout apparel for the on-campus activities. The interpretation states, "An institution may not provide workout apparel to a prospect who wishes to participate in recreational activities during a visit to an institution's campus." This means that it is not permissible to loan clothing or equipment to prospects during their official or unofficial visits.

In unique situations, such as bad weather, it would be permissible for a prospect to borrow an umbrella, a jacket, or gloves during his or her visit, however, any of these items must be returned prior to the prospect leaving campus.

These permissible activities are under the broader heading of Bylaw 13.11 -- Tryouts. There are several prohibited activities outlined in this bylaw. Please keep in mind that the general rule prohibits a member institution, from conducting (or have conducted on its behalf) any physical activity (e.g., practice session or test/tryout) at which one or more prospective student-athletes reveal, demonstrate or display their athletics abilities in any sport.

NCAA Bylaw 13.11.3 also indicates several other exceptions to the tryout rule, which, in those circumstances, make it permissible for prospective student-athletes to display their athletics abilities to institutional coaches and staff.

Please be aware that the general rule prohibits such activities. If no exception is met, the general rule must apply. If you have any questions, please do not hesitate to ask.

Motivation

"Every day in Africa a gazelle wakes up. It knows it must run faster than the fastest lion or it will be killed.

Every morning a lion wakes up. It knows that it must outrun the slowest gazelle or it will starve to death.

It doesn't matter whether you are a lion or a gazelle. When the sun comes up, you better be running.

--African Proverb