NCAA Division I Committee on Infractions
Penalizes University of Oklahoma
EMBARGOED UNTIL 3 p.m.
Eastern Time
Wednesday, July 11, 2007
Contact
Stacey Osburn
Associate Director of Public and Media Relations
317/917-6117
| Editor's
Note: Oklahoma
has 15 days to notify the NCAA in writing of an appeal. Oklahoma
President David Boren, in a public statement, said the school
will appeal the "failed to monitor" ruling and the
prescribed punishment of erasing its 8 wins from the 2005 season,
effectively changing its season record from 8-4 to 0-12 and reducing
Bob Stoops' career coaching record from 86-19 to 78-19. |
INDIANAPOLIS---The NCAA Division I Committee on Infractions has
penalized the University of Oklahoma for major violations in
its football program.
These violations involve three
football student-athletes receiving payment for work not performed
at a Norman, Oklahoma automobile dealership. The impermissible
benefits totaled approximately $17,000 in unearned wages and
led to the committee finding that the institution failed to monitor
the employment of football student-athletes.
Penalties for the violations
include adding two years to the university's current probationary
period, a reduction in allowable financial aid, and a vacation
of records for the 2005 season including a bowl game victory.
The committee stated in its report
that, "although this case centered on a few violations involving
three student-athletes, the committee finds this case to be significant
and serious for several reasons." These reasons include
the value of the extra benefits provided by a booster; the fact
that the violations continued over several months, which led
to two of the student-athletes competing while ineligible; and
the university had appeared before the committee only one year
earlier for a case in which the committee found that the institution
failed to monitor the mens basketball staffs telephone
contacts with prospective student-athletes.
The violations were intentional
on the part of the involved student-athletes and the dealership's
manager, who was also a representative of the university's athletics
interest. Two of the involved student-athletes received payment
from the dealership for time that they were participating in
football practices and voluntary workouts, attending class and
otherwise away from the dealership.
As a regular practice, the two
student-athletes clocked in for work, left the dealership, then
returned later to clock out of work. On other occasions, one
of them would clock the other in or out, so that both would be
paid when only one was present. Based on records obtained from
the dealership, it was also found that the third student-athlete
was also clocked in and paid for times that he did not work,
including time that was spent participating in a scrimmage and
game.
In finding that the university
demonstrated a failure to monitor, the committee noted the university
failed to follow established procedures for the monitoring of
student-athletes' employment when it did not timely collect gross
earnings statements for 12 student-athletes who notified the
university of their employment at the auto dealership during
the 2005 summer vacation period. It was also found that the university
failed to detect that football student-athletes worked at the
auto dealership during the 2004-05 and 2005-06 fall and spring
academic terms.
The university disagreed that
facts of the case demonstrated a failure to monitor, stating
that the compliance monitoring system was adequate and effective,
but could not have been expected to detect this specific situation.
The university noted that the situation involved student-athletes,
in concert with the dealership's manager, engaging "in a
deliberate scheme to deceive both the employer's payroll system
and the university's employment monitoring system in an attempt
to violate NCAA rules of which they were well aware."
However, the committee found
that the university "made several mistakes in a narrow,
but significant area the employment of football student-athletes
at the dealership, which resulted in a breakdown of its monitoring.
When such mistakes result in significant violations of NCAA legislation,
as in this case, a finding of failure to monitor is appropriate
and justified."
The committee stated that because
the dealership was the apparent largest employer of student-athletes,
the university should have undertaken more extensive efforts
to monitor the student-athletes' employment. It was noted that
the university relied on the initiative of the football student-athletes
to register their employment with the school as the only means
of triggering the monitoring process. The committee also stated
that the delay in detecting the violations meant that two of
the student-athletes were able to compete during the entire 2005
season and practice during the spring of 2006.
In determining the penalties,
the Committee on Infractions 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 additional years of probation
to be added to the conclusion of the institution's current probationary
period. As a result, the institution's extended probationary
period will expire on May 23, 2010.
- The institution permanently
dismissed two student-athletes from the football team at the
point when it determined they had knowingly and willfully been
involved in receiving payment for work not performed. The third
student-athlete had been previously dismissed for violations
of team rules (self-imposed by the university).
- During the 2006-07 academic
year, the university did not re-award or reallocate the financial
aid awarded to the two dismissed student-athletes, resulting
in a reduction of two scholarships in football (self-imposed
by the university). The university shall further reduce football
scholarships by two for each of the 2008-09 and 2009-10 academic
years. This limits the university to a total of 83 football scholarships
for those two years.
- Vacation of all wins in which
the two ineligible student-athletes competed during the 2005
football season. The individual records of these student-athletes
shall be vacated as well. Further, the university's records regarding
football as well as the record of the head coach will be reconfigured
to reflect the vacated wins and so recorded in all publications
in which football records for the 2005 season are reported, including,
but not limited to, university media guides, recruiting material,
and university and NCAA archives. Finally, any public reference
to these vacated contests, including the bowl game, won during
this time shall be removed from athletics department stationary,
banners displayed in public areas and any other forum in which
they may appear.
- The institution disassociated
the dealership's manager who supervised the student-athletes
at the center of this case. This period of disassociation will
be for at least five years (until Aug. 21, 2011) (self-imposed
by the university).
- The committee further requires
that the dealership manager be restricted from supervising or
otherwise overseeing, in an employment capacity, any of the university's
student-athletes during the five-year period.
- The university will reduce the
number of football coaches who can recruit off campus by one
during the fall 2007 evaluation period (self-imposed by the university).
The Committee on Infractions
consists of conference and institutional athletics administrators,
faculty and members of the public. The committee independently
rules on cases investigated by the NCAA enforcement staff and
determines appropriate penalties. The committee's findings may
be appealed to the Infractions Appeals Committee.
Members of the Committee on Infractions
who reviewed this case are Paul Dee, director of athletics at
the University of Miami, formerly the university's general counsel,
and acting chair; Eileen Jennings, general counsel at Central
Michigan University; Alfred "Jim" Lechner, Jr., attorney
with the Westfield, N.J., law firm of Lerner David and formerly
a federal district judge in New Jersey; Gene Marsh, James M.
Kidd Sr. Professor of Law at the University of Alabama, Tuscaloosa
School of Law; Thomas Phillips, attorney with the Austin, Texas,
office of the law firm Baker Botts and formerly the chief justice
of the Texas Supreme Court; Bonnie Slatton, professor of physical
education and sport science, University of Iowa; and Dennis Thomas,
the commissioner of the Mid-Eastern Athletic Conference and formerly
director of athletics at Hampton University. |