Presented by Dr. Neal Smatresk, President & CEO Mr. Jim Livengood, Director of Athletics Mr. Eric Toliver, Sr. Associate Athletics Director
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1 Presented by Dr. Neal Smatresk, President & CEO Mr. Jim Livengood, Director of Athletics Mr. Eric Toliver, Sr. Associate Athletics Director (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 1 of 10
2 The University of Nevada, Las Vegas (hereinafter UNLV), is committed to the principle of institutional control in the operation of its athletic department. UNLV practices compliance shared responsibility; all staff, student-athletes and coaches are responsible for reporting suspected, rumored or alleged violations. When a violation does occur, the institution will self-detect, self-investigate and self-report to the NCAA and or MWC in a timely and thorough manner. Education of rules, honesty, integrity and accuracy of interpretations are our highest priorities. All coaches, staff, student-athletes and representatives of athletics interests (e.g., boosters) shall be held accountable to deport themselves in accordance with the honesty and integrity normally associated with the conduct and administration of intercollegiate athletics and ethical-conduct legislation. (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 2 of 10
3 No. Of Major Cases Schools Arizona State University, Southern Methodist University (2) Auburn University, Florida State University, Texas A&M University, University of California, Berkeley, University of Memphis, University of Minnesota, University of Oklahoma, University of Wisconsin, Wichita State University (9) Kansas State University, UCLA, University of Cincinnati, University of Georgia, University of Illinois, University of Kansas, University of Kentucky, USC, University of Texas, Pan American, West Virginia University (11) Michigan State University, Mississippi State University, North Carolina State University, University of Alabama, University of Arizona, University of Colorado, University of Miami (Florida), UTEP, University of Washington (9) (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 3 of 10
4 Year Summary Facts Penalty December 12, 2000 November 9, 1993 A booster of the university interests made impermissible inperson and telephone recruiting contacts with a prospective student-athlete. Further, the booster provided cash to the prospect on numerous occasions totaling approximately $5,600. Booster provided cash payments to a prospective student-athlete and an enrolled men's basketball student-athlete. An assistant men's basketball coach and a men's basketball manager provided improper recruiting inducements to a PSA. The assistant coach also provided the use of rented moving truck free of cost to two PSA. Unethical conduct found against a student-athlete. Failure to monitor concerning a representative of the university's athletics interests. IMPERMISSIBLE RECRUITING: inducements and improper contacts. EXTRA BENEFITS. LACK OF INSTITUTIONAL CONTROL. Public reprimand and censure; four years of probation; postseason ban for the men's basketball team for the academic year; no exceptions to the limitation in the number of basketball contests; limitation to eleven total grants-in-aid in men's basketball during the and academic years; reduction of paid visits by two during the and academic years; disassociation from the athletics program for a booster annual reporting and recertification. Public reprimand; improved system of distribution of educational materials; maximum of one coach recruiting off campus during academic year and two in the summer from 1/1/94 to 12/31/94; prohibited from using exception to limitations on number of contests during probation; television ban for nonconference away games; recertification; limited home games in to conference games; reduction of one grant for and ; reduction from 15 to 10 official visits in and ; annual reports. February 12, 1986 Eligibility. Public reprimand. Forfeited 1983 and 1984 victories in which ineligible student-athletes participated; forfeited 1984 Pacific Coast Athletic Association championship and 1984 California Bowl. August 26, 1977 Improper entertainment, financial aid, lodging and transportation; Maximum of three initial grants for and extra benefits; improper recruiting entertainment, inducements, 80; show cause why more penalties should not be lodging and transportation; tryouts; excessive number of official imposed if institution does not take disciplinary visits; academic fraud; eligibility; unethical conduct; questionable action against one current and two former coaches practice; institutional control; certification of compliance. summary: and does not disassociate eight representatives; third year of postseason and television sanctions added for from show-cause requirement. (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 4 of 10
5 Neal Smatresk President & CEO Jim Livengood Director of Athletics Michael Bowers Senior Vice Provost for Academic Affairs Brackley Fryarer Faculty Athletics Representative Intercollegiate Athletics Council (IAC) Jerry Koloskie Deputy Director of Athletics Sr. Staff & Administrators Head & Assistant Coaches Eric Toliver Sr. Associate Athletics Director Rebecca McDonald Director, Compliance Financial Aid Coor. Compliance Assistants 5 th Works Program Ann McDonough Dean, Academic Success Center David Jackson Director Student-Athlete Academic Services Initial/Cont. Eligibility Life Skills Coordinator Academic Advising Tutor Coordination Student-Athletes Student-Athlete Advisory Committee University Compliance Committee (Audits) (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 5 of 10
6 Eric Toliver Sr. Associate AD Rebecca McDonald Director, Compliance Brackley Frayer FAR David Jackson Director, SAAS NCAA Div. I Recruiting Cabinet NCAA Div. Softball Committee Agents & Amateurism Issues Awards & Benefits Practice & Playing Seasons Student-Athlete Conduct Code Major/Secondary Infractions Camps & Clinics Student-Athlete Advisory Comm. Sport Administrator Student-Athlete Academic Services Interpretations Audit Coordinator SA Employment Strength & Conditioning Rules Education Personnel (Article 11) Official/Unofficial Visits Business Office Liaison SLR Waivers SA Reinstatement Appeals Exit Interviews SA Outside Participation Requests Promotional Activity Requests Memorabilia Requests Athletics Related Activities monitor. Booster Education All Elements of Financial Aid National Letter of Intent Program Compliance Committee Liaison 5 th Year Works Program Medical Hardship Waivers SA Opportunity Fund Faculty Senate UNLV Student Issues Committee Rules Education SA Orientations Squad List Manager Interpretations Secondary Infractions Recruiting Logs MWC Historical Reports Scholarship Processing Sports Sponsorship & Demographics Player Guest/NCAA Pass Gate Coordinator Newsletters Initial Eligibility Certification Cont. Eligibility Certification Rules Education Liaison to UNLV Faculty Coaches Certification Exam Secondary Infractions Certification Sat. Degree of Progress APR GSR Study Hall Tutor Coord. Academic Advising Life Skills Programming Initial Eligibility Waivers (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 6 of 10
7 (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 7 of 10
8 1. Integrity. Report everything, regardless of how small. Investigate everything, regardless of the source. 2. Rules Education. To provide rules education to studentathletes, institutional staff and the university community. 3. Monitoring & Audits. With 86 monitoring mechanisms, to review all elements of NCAA rules. To perform NCAA mandated and reviews to ensure activities and behaviors are not contrary to NCAA, MWC and university rules. 4. Evaluation of Compliance Mechanisms. To conduct periodic reviews of compliance efforts and mechanisms to ensure those efforts are efficient, current and effective. 5. No Major Infractions. Zero Tolerance for major infractions. (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 8 of 10
9 Subject ORGANIZATION AND STRUCTURE FINANCE AND USE OF FUNDS EMPLOYMENT/ PERSONNEL ELIGIBILITY RECRUITMENT MONITORING INVESTIGATORY AND SELF- REPORTING PROCESS CONCLSUION (Performed by Mountain West Conference) MWC Findings Based on the documentation reviewed and responses to interview questions, it appears that the UNLV compliance program is consistent with NCAA Constitution (the principle of institutional control and responsibility) and (institutional governance president or chancellor) in that the ultimate responsibility and final authority for the conduct of the athletics department resides with the President. The institution has designated the Intercollegiate Athletics Council (IAC) as the entity outside athletics with direct oversight responsibility for athletics. The IAC is responsible for the development and recommendation of all policies governing intercollegiate athletics at the institution. There also is a designated faculty athletics representative (FAR) who serves in an ex officio capacity to the IAC. The FAR has defined responsibilities related to athletics and he meets with the President on a monthly basis. The (AD) primary responsibility includes the direct oversight of the intercollegiate athletics program. In addition to the positions listed above, the athletics department staff includes six associate and assistant athletics directors, 64 countable coaches and 167 support and administrative staff members. No Recommendations. Based on the documentation reviewed and responses to interview questions, it appears that the UNLV compliance system for finance and use of funds has the necessary components to run a successful compliance program. No Recommendations. Based on the documentation reviewed and responses to interview questions, it appears that the UNLV compliance system for employment/personnel has the necessary components to run a successful compliance program. The athletics department maintains written job descriptions for the compliance staff. Further, job descriptions for individuals with compliance-related responsibilities contain references to compliance-related responsibilities. Coaching contracts and/or letters of appointment contain written provisions detailing disciplinary and/or corrective actions to be imposed should a coach be found in violation of NCAA rules. Further, performance evaluations also include specific references to NCAA compliance-related responsibilities. Last, some coaches contracts contain provisions related to his/her team s academic performance. No Recommendations. Based on the documentation reviewed and responses to interview questions, it appears that the UNLV compliance system for eligibility certification has the necessary components to run a successful compliance program. No Recommendations. Based on the documentation reviewed and responses to interview questions, it appears that the UNLV compliance system for recruitment monitoring has the necessary components to run a successful compliance program. No Recommendations. Based on the documentation reviewed and responses to interview questions, it appears that the UNLV compliance system for investigating and self-reporting violations of NCAA and MWC rules has the necessary components to run a successful compliance program. There is an expectation of rules compliance and this is communicated throughout the institution. No Recommendations. It is my conclusion that UNLV has in place the components necessary to run a successful compliance program and continues to make progress in its compliance efforts. In addition to the implementation of the recommendations contained herein, UNLV should evaluate the policies and procedures in each area periodically for effectiveness. Last, it is recommended that written material be consolidated for ease of reference. There is an abundance of written material, containing very good policies and procedures. However, a simplified way for administrative and coaching staff members to access the material would be preferred. These recommendations will help UNLV enhance its overall compliance program. (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 9 of 10
10 Annually, the entire Athletics Department meets with President to discuss his/her expectations for NCAA rules compliance. Annually, the entire student-athlete population meets with the President and Athletics director to discuss his/her expectations for NCAA rules compliance. Talking Points include: 1. Program s ethical standards. 2. Expectations for reporting actual and suspected NCAA rules issues (e.g., immediate action; reporting lines). 3. Athletics director s philosophy and expectations on rules compliance. 4. Compliance resources for our program. 5. Program s shared responsibility with compliance staff. 6. Establishing written plans for continued dialogue with staff, athletes, boosters, athletics director to discuss the institution and program s compliance environment and expectations (e.g. regularly scheduled meetings, etc.). 7. ALWAYS ASK BEOFRE YOU ACT! (BOARD OF REGENTS' AGENDA 12/01/2011 & 12/02/2011) Ref. BOR-16b, Page 10 of 10
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