1 p.m. (Central time) NCAA Division I Committee on Infractions University of Iowa UNIVERSITY OF LOUISVILLE PUBLIC INFRACTIONS REPORT

Transcription

1 FOR RELEASE CONTACT: Tuesday, Bonnie Slatton, acting chair 1 p.m. (Central time) NCAA Division I Committee on Infractions University of Iowa UNIVERSITY OF LOUISVILLE PUBLIC INFRACTIONS REPORT OVERLAND PARK, KANSAS---This report is organized as follows: I. Introduction. II. III. Findings of violations of NCAA legislation. Committee on Infractions penalties. I. INTRODUCTION. This case involved the men's basketball and women's volleyball programs at the and primarily concerned violations of NCAA bylaws governing extra benefits, recruiting, financial aid, institutional control and ethical conduct. On November 20, 1996, the Committee on Infractions placed the on probation for two years for violations in the men's basketball program. Like the violations described in this report, the violations in the 1996 case involved the provision of recruiting inducements to prospective student-athletes and extra benefits to enrolled student-athletes. The effective date of the penalties in the 1996 case was September 21, 1996, the date of the hearing. The violation described in Finding II-I-2 below occurred within five years after the starting date of the penalties in the previous case. The provisions of NCAA Bylaw regarding repeat violators therefore apply to the present case. Bylaw

2 (a) permits the Committee on Infractions to prohibit "some or all outside competition in the sport involved in the latest major violation for one or two sports seasons...." In addition, Bylaw (h) allows the committee to declare an institution which has been involved in major violations ineligible for postseason competition.

3 Page No. 3 Because the present case involves the same types of violations as those that occurred in the 1996 case, and again involves the men's basketball program, the committee is imposing a one-year ban on postseason competition in men's basketball. The institution should have had a heightened awareness of NCAA rules compliance as a result of its recent major infractions case. The committee is not imposing all of the penalties prescribed for repeat violators, however, because only one of the major violations in this case occurred within the five-year repeat-violator period. The is a Division I-A institution and a member of Conference USA. The university has an enrollment of approximately 20,783 students and sponsors 10 men's and nine women's intercollegiate sports. A. CASE CHRONOLOGY. On June 25, 1997, the university self-reported to the NCAA enforcement staff a violation in its men s basketball program that the institution believed to be secondary in nature. The institution reported that an assistant men s basketball coach left his credit card imprint at a local motel where the father of a men s basketball student-athlete had been living in order to guarantee payment of the room charges. On July 7, 1997, university officials discussed the men s basketball matter as well as possible rules violations in the university s women s volleyball program with an NCAA director of enforcement. On July 23, the university forwarded to the enforcement staff a self-report of violations in the women s volleyball program. On August 12, 1997, the enforcement staff sent a letter to the university's president notifying him that the NCAA had begun a preliminary investigation into the women s volleyball and men s basketball programs. The enforcement staff conducted on-campus interviews on September 30 and October 1, 1997, relating to men s basketball matters and on October 29 and 30, 1997, concerning women s volleyball issues. The enforcement staff conducted further on-campus interviews on February 24 and 25, On April 14, 1998, the enforcement staff issued a letter of official inquiry to the institution. The enforcement staff also notified the head women s volleyball coach, an assistant women s volleyball coach and an assistant men s basketball coach of the official inquiry. The enforcement staff advised the institution and the involved individuals that the deadline for responding to the letter of official inquiry was June 8. The university submitted a response on that date.

4 Page No. 4 The enforcement staff participated in a prehearing conference with counsel for the head women's volleyball coach on June 17, 1998, and with the university on June 29. On July 6, counsel for the head women's volleyball coach indicated that the head coach adopted the university's response. Neither of the other individuals involved in this case responded to the official inquiry. On August 9, 1998, representatives of the NCAA enforcement staff, the institution and Conference USA appeared at a hearing before the NCAA Division I Committee on Infractions. Included among those present were the head women's volleyball coach, one of the assistant women's volleyball coaches involved in this case, the head men's basketball coach and the assistant men's basketball coach involved in this case. B. SUMMARY OF THE FINDINGS OF VIOLATIONS. The violations found by the committee may be summarized as follows: During the spring and summer of 1996, members of the women's volleyball staff provided financial assistance, temporary lodging, local automobile transportation and other recruiting inducements to two prospective studentathletes. During July 1996, the head women's volleyball coach provided automobile transportation to two prospective student-athletes. During the summer of 1996, the institution provided athletically related financial aid in the form of dormitory housing to two prospective studentathletes. During July 1996, the head women's volleyball coach arranged an out-ofseason tryout/practice for prospective and enrolled student-athletes. During the academic year, the head women's volleyball coach provided automobile transportation and the use of university computers to two student-athletes and temporary lodging to one student-athlete. During June 1996, an assistant women's volleyball coach arranged for a prospective student-athlete to receive dental treatment free of charge. One of the assistant women's volleyball coaches involved in this case violated the NCAA principles of ethical conduct.

5 Page No. 5 There was a lack of institutional control in the women's volleyball program. During the fall of 1996, an assistant men's basketball coach arranged for the father of a student-athlete to receive a favorable room rate at a local motel, and subsequently provided the motel with his credit card in order to guarantee payment of the room charges. C. SUMMARY OF THE PENALTIES. In imposing the following penalties, the Committee on Infractions considered the corrective actions taken by the university, as detailed in Part III-A of this report, and the penalties self-imposed by the university. 1. The committee adopted as its own the following penalties self-imposed by the institution: Cancellation of the women's volleyball team's 1997 preseason competition in Japan. Forfeiture of all contests won by the women's volleyball team during Reduction by one in the number of official visits in women's volleyball for the academic year. 2. The committee found the penalties imposed by the university meaningful and significant. However, because of the lack of institutional control over the women's volleyball program and the institution's status as a repeat violator, the committee imposed the following additional penalties: Public reprimand and censure. Three years of probation beginning August 9, Prohibition from participating in postseason competition in men's basketball during the season. Reduction by three in the number of permissible financial aid awards in women's volleyball over the and academic years. (The institution proposed a reduction of one financial aid award for the academic year.)

6 Page No. 6 Reduction by one in the number of permissible financial aid awards in men's basketball during each of the and academic years. Limit of six official visits in women's volleyball during each of the and academic years. Requirement that the institution continue to develop a comprehensive athletics compliance education program, with annual reports to the committee during the period of probation. Recertification of current athletics policies and practices. Show-cause requirement for five years regarding a former assistant women's volleyball coach. Show-cause requirement for three years regarding a former assistant men's basketball coach.

7 Page No. 7 II. FINDINGS OF VIOLATIONS OF NCAA LEGISLATION. A. IMPERMISSIBLE FINANCIAL ASSISTANCE, LODGING AND TRANSPORTATION PROVIDED TO PROSPECTIVE STUDENT- ATHLETES. [NCAA BYLAWS , (h) AND ] During the spring and summer of 1996, members of the university's women's volleyball staff provided a prospective student-athlete and a transfer student-athlete who were living in the Louisville area prior to their enrollment at the institution with impermissible transportation, lodging, financial assistance and assistance with enrollment at the institution. These recruiting inducements facilitated the prospects' enrollment at the university for the ensuing 1996 fall semester. Specifically: 1. In the spring of 1996, an assistant women's volleyball coach requested financial assistance from a local charity to pay for the prospective studentathlete's enrollment in an intensive English as a Second Language (ESL) program at the university. The assistant coach believed the course would improve the prospective student-athlete's English language skills and ensure that she would meet the university's admission standard for international students. After the charity denied her request, the assistant volleyball coach told the charity she would make a donation to the organization in the necessary amount to pay for the ESL course, so long as her donation would be used for the course. On April 1, 1996, the assistant coach wrote a letter requesting the scholarship grant and signed the prospective student-athlete's name. On April 24, the charity informed the prospective student-athlete that it would pay the cost of the ESL course. On June 10, the assistant coach withdrew $2,000 from her volleyball camp account and used $1,629 of it to purchase a money order, which she in turn forwarded to the charity as her donation. The assistant coach also used $114 to purchase the ESL textbooks for the prospective student-athlete. On June 14, the charity sent a check to the university in the amount of $1,629 to pay the cost of the prospective studentathlete's ESL course. The prospective student-athlete attended the ESL course until mid-july. She took the English placement test on July 20 and achieved the minimum score required to be admitted for the 1996 fall semester at the university. The prospective student-athlete was admitted to the university on July 31, [Bylaw ] 2. University policy required the prospective student-athlete to purchase health insurance through the university when she enrolled in the ESL course. The

8 Page No. 8 assistant women's volleyball coach withdrew $325 from her volleyball camp account and paid the cost of the prospective student-athlete's health insurance. [Bylaw ] 3. The assistant women's volleyball coach asked a religious congregation in Louisville to find a host with whom the prospective student-athlete could live during the summer of The religious clergyperson volunteered to host the prospective student-athlete. The religious clergyperson and his wife provided lodging to the prospective student-athlete from approximately June 2 to August 9, 1996, at no cost to the prospective student-athlete. Also, during the period from June 2 to July 26, the religious clergyperson's wife provided the prospective student-athlete with round-trip transportation from the religious clergyperson's residence to the university campus in order for the prospect to attend the English as a Second Language (ESL) classes referenced in Finding II-A-1. The religious clergyperson's wife provided the transportation with the knowledge of members of the women's volleyball staff. As a result of their provision of lodging and transportation, the religious clergyperson and his wife became representatives of the university s athletics interests. [Bylaws and (h)] 4. In March 1996, the head women's volleyball coach instructed an assistant women's volleyball coach to assist in gathering the prospective studentathlete's academic records. The head coach instructed another assistant women's volleyball coach to research the university's admissions requirements for international students and to assist the prospective student-athlete with her application for admission. In accordance with university policy requiring that all academic transcripts from international students be evaluated by an outside transcript evaluation service, one of the assistant volleyball coaches gathered the academic transcripts of the prospective student-athlete and the transfer student-athlete and sent them to an outside service. The assistant coach completed the transcript evaluation application forms, signed the transfer student-athlete's name on both forms and enclosed a money order for $370 for the two applications. (The transfer student-athlete had provided the assistant coach with $370 to purchase the money order.) The assistant coach also completed the prospective student-athlete's application for admission to the university and, in order to facilitate her admission, signed the prospective studentathlete's name to the application. [Bylaw ] 5. In May 1996, the head women's volleyball coach made flight arrangements for the prospective student-athlete to travel from her hometown to Louisville.

9 Page No. 9 The transfer student-athlete paid for the prospective student-athlete's airfare. On June 1, the head volleyball coach, one of the assistant volleyball coaches and the transfer student-athlete met the prospective student-athlete at the Louisville airport. The head and assistant volleyball coaches transported the prospective and transfer student-athletes from the airport to a local hotel at which the assistant coach had reserved a room. The hotel provided the prospective student-athlete and the transfer student-athlete with the room free of charge. The following day, the head coach transported the prospective student-athlete and the transfer student-athlete to a cookout/party at the assistant coach's home. [Bylaws , (h) and ] 6. On May 19, 1996, an assistant women's volleyball coach and a women's volleyball student-athlete met the head coach and the transfer student-athlete at the Louisville airport. The coaches transported the transfer student-athlete to the apartment of two women's volleyball student-athletes. Members of the women's volleyball coaching staff arranged for the transfer student-athlete to reside in the apartment until June 4, 1996, and the transfer student-athlete stayed there at no cost. In addition, a professional moving company transported three boxes of the transfer student-athlete's personal belongings with the head coach's family's personal belongings when the head coach's family moved from Miami to Louisville in late July [Bylaws , (h) and ] 7. On numerous occasions during the summer of 1996, the head women's volleyball coach provided local automobile transportation to a prospective student-athlete and a transfer student-athlete before they enrolled for the 1996 fall semester. [Bylaws and ] B. IMPERMISSIBLE TRANSPORTATION PROVIDED TO PROSPECTIVE STUDENT-ATHLETES. [NCAA BYLAW ] On July 13, 1996, the head women's volleyball coach transported a women's tennis prospective student-athlete by automobile from Indianapolis to Louisville (a distance of 114 miles) following the prospective student-athlete's arrival from her hometown via commercial airline. (The prospective student-athlete traveled to Indianapolis rather than Louisville because her parents had difficulty arranging an airline connection to Louisville.) On July 20, 1996, the head coach provided automobile transportation to two prospective student-athletes from the university's main campus to the university's Shelby Campus (a round-trip distance of 30 miles) in order for the prospective student-athletes to take the university's English proficiency exam, an admission requirement for international students.

10 Page No. 10 C. ATHLETICALLY RELATED FINANCIAL AID PROVIDED TO PROSPECTIVE STUDENT-ATHLETES. [NCAA BYLAW ] During the summer of 1996, a transfer student-athlete and a prospective studentathlete received athletically related financial aid in the form of dormitory housing prior to their initial enrollment. The transfer student-athlete moved into an on-campus dormitory on June 4, 1996, and paid the required $50 deposit. The housing office did not charge the transfer student-athlete's university account for the cost of the summer housing until November 1, Due to an administrative oversight on the part of the housing department, the university did not deduct the cost of the summer housing from the transfer student-athlete's athletics aid until the spring of The prospective student-athlete moved into an on-campus dormitory on July 14, 1996, and paid the required $50 deposit. The housing office charged the prospective student-athlete's university account for the cost of the summer housing on August 7, By the time the bursar's office attempted to collect payment the prospective student-athlete had enrolled as a full-time student and had been provided athletics aid by the university. Pursuant to university policy, the bursar's office deducted $290 for the summer housing from the student-athlete's athletics aid. As a result, the student-athlete's fall 1996 residual board check was $290 less than it otherwise would have been. D. OUT-OF-SEASON PRACTICE/TRYOUT. [NCAA BYLAWS , (a)-(1) AND ] In July 1996, following a university volleyball camp session, the head women's volleyball coach arranged for the volleyball team student manager to videotape an open scrimmage involving prospects, enrolled student-athletes, and coaches from other NCAA member institutions who were working at the camp so that he could view the videotape and evaluate the student-athletes. E. LOCAL TRANSPORTATION, LODGING AND USE OF COMPUTERS PROVIDED TO STUDENT-ATHLETES. [NCAA BYLAWS AND ] On one occasion during the academic year, the head women's volleyball coach provided round-trip automobile transportation from Louisville to Erlanger,

11 Page No. 11 Kentucky (a total distance of approximately 160 miles) to two student-athletes so that the student-athletes could purchase clothes at an outlet shopping mall outside of Cincinnati, Ohio. On two occasions during the academic year, the head coach provided a student-athlete with overnight lodging at his house. Also, during the academic year, the head volleyball coach allowed two student-athletes to utilize computers in the women's volleyball offices to complete their course assignments. F. LOCAL TRANSPORTATION AND DENTAL SERVICES PROVIDED TO A PROSPECTIVE STUDENT-ATHLETE. [NCAA BYLAWS , (g) AND ] In June 1996, an assistant women's volleyball coach referred a women's volleyball transfer student-athlete to a local dentist to have a fractured tooth repaired. The assistant coach transported the transfer student-athlete between the dentist's office and the institution's campus (a round-trip distance of approximately 10 miles) and represented to the dentist's staff that the university would be responsible for payment of the transfer student-athlete's bill. The transfer student-athlete did not pay the dentist bill of approximately $50. G. UNETHICAL CONDUCT. [NCAA BYLAWS AND 10.1-(c)] A n assistant women's volleyball coach failed to deport herself in accordance with the generally recognized high standards normally associated with the conduct and administration of intercollegiate athletics. The assistant coach violated the principles of ethical conduct by her knowing involvement in violations of NCAA legislation as outlined in Findings II-A-1 and II-A-2. H. LACK OF INSTITUTIONAL CONTROL AND FAILURE TO MONITOR. [NCAA CONSTITUTION 2.1.1, 2.1.2, AND ] The scope and nature of the violations in this report relating to the university's women's volleyball program demonstrate that the university and the head women's volleyball coach failed to exercise appropriate institutional control and monitoring in the conduct and administration of the women's volleyball program. Both the institution and the head coach failed to monitor members of the women's volleyball staff concerning their activities with a prospective student-athlete and a transfer student-athlete who moved to the Louisville area prior to their initial enrollment at the institution. The institution also failed to educate adequately the head volleyball coach on NCAA legislation.

12 Page No. 12 In the spring of 1996, the head coach assigned to members of the women's volleyball staff responsibility for: (a) evaluating the academic requirements for a prospective student-athlete and a transfer student-athlete and (b) facilitating the processing of university admission requirements so that the individuals would be eligible to compete for the women's volleyball program upon their initial full-time enrollment. The university and the head coach failed to monitor adequately the activities of the women's volleyball staff to ensure compliance with NCAA recruiting legislation as evidenced by Findings II-A-1 and II-A-2, and the head coach failed to monitor adequately the activities of the volleyball staff to ensure compliance with NCAA recruiting legislation as evidenced by Finding II-A-4. Furthermore, as evidenced by Findings II-A-3, II-A-5 and II-A-6, neither the university nor the head coach attempted to monitor the prospects' initial lodging, transportation and other activities in the Louisville area prior to their full-time enrollment. The university also failed to educate adequately the head volleyball coach, who previously had been employed by an NCAA Division II institution, upon his arrival at the university. Inadequate attempts were made to inform the head coach of applicable recruiting legislation, which resulted in his involvement in violations of fundamental NCAA legislation (Findings II-A-5, II-A-7, II-B and II-D). I. EXTRA BENEFITS PROVIDED TO THE FATHER OF A STUDENT- ATHLETE. [NCAA BYLAW ] An assistant men's basketball coach arranged for the father of a men's basketball student-athlete to reside at a local motel for approximately two months (September 18 through November 15, 1996) at a substantially discounted rate. The assistant men's basketball coach also prevented the student-athlete's father from being barred from his room for failure to pay his bill for the period of December 13 to 24, On December 24, the assistant coach provided his credit card to the motel as an assurance that the student-athlete's father, who was not in Louisville at the time, would pay his outstanding balance of $ upon his return. Specifically: 1. In September 1996, shortly after the student-athlete's initial enrollment at the university, the student-athlete's father moved to Louisville to be near his son. The student-athlete's father initially stayed with his son in his son's dormitory room, but moved into a local motel on September 18. The assistant coach contacted the motel's assistant manager and asked her to give the student-

13 Page No. 13 athlete's father a favorable rate. The student-athlete's father, who occupied a suite upon his initial arrival at the motel, received a discount during his stay. 2. In December 1996, the student-athlete's father fell behind on paying his room charges at the motel. On approximately December 24, the motel manager became concerned that the student-athlete's father had left town and threatened to have him locked out of his room because of his outstanding bill. In response to a message, the assistant coach telephoned the motel and discussed the student-athlete's father's situation with the motel manager. The assistant coach learned that the student-athlete's father had an outstanding bill of $ that needed to be paid immediately. The assistant coach agreed to bring his credit card to the motel as an assurance that the student-athlete's father would settle his account. On December 24, the motel charged $ to the assistant coach's credit card, and for the next seven weeks (through February 8, 1997), continued to charge an additional $2, to the assistant coach's credit card for the student-athlete's father's lodging. In April 1997, after the assistant coach disputed the charges, the credit card company credited the assistant coach's account and the student-athlete's father paid his bill with his own credit card. III. COMMITTEE ON INFRACTIONS PENALTIES. For the reasons set forth in Parts I and II of this report, the Committee on Infractions found that this case involved several major violations of NCAA legislation. A. CORRECTIVE ACTIONS TAKEN BY THE UNIVERSITY. In determining the appropriate penalties to impose, the committee considered the institution's self-imposed corrective actions. Among the actions the university has taken or will take are the following: 1. Refused to renew an assistant women's volleyball coach's employment contract. 2. Suspended the head women's volleyball coach from all coaching duties without pay from August 1 to August 31, Froze the salary of the head women's volleyball coach at the level.

14 Page No Required the head women's volleyball coach, the head men's basketball coach and an assistant men's basketball coach to attend at their own cost an NCAA Regional Compliance Seminar. 5. Placed the head women's volleyball coach on probation from September 1, 1997, to September 1, Sent letters of reprimand to the head women's volleyball coach, an assistant women's volleyball coach, the head men's basketball coach and an assistant men's basketball coach. 7. Placed an assistant men's basketball coach on probation from June 25, 1997, to July 1, Froze the salary of an assistant men's basketball coach at the level. 9. Required the head men's basketball coach to submit monthly administrative reports to the director of athletics. 10. Required the head men's basketball coach to attend all athletics department compliance meetings. B. PENALTIES SELF-IMPOSED BY THE UNIVERSITY. The Committee on Infractions adopted as its own the following penalties selfimposed by the institution: 1. Cancelled the women's volleyball team's 1997 preseason competition in Japan. 2. Forfeited all contests won by the women's volleyball team during 1996 regular and postseason competition. 3. Reduced by one the number of official paid visits in women's volleyball for the academic year. C. ADDITIONAL PENALTIES IMPOSED BY THE COMMITTEE ON INFRACTIONS.

15 Page No. 15 The Committee on Infractions agreed with and approved of the actions taken by the university, but it imposed additional penalties because of the lack of institutional control over the women's volleyball program and the institution's status as a repeat violator with respect to the men's basketball program. The committee chose not to impose, however, all of the presumptive penalties permitted under Bylaw or all of the repeat-violator penalties permitted under Bylaw The committee decided not to impose all of the presumptive penalties because of the university's actions to institute appropriate corrective measures and to self-impose penalties upon its women's volleyball program. The committee decided not to impose all of the repeat-violator penalties because the new violations in the men's basketball program, the program involved in the institution's previous case, were limited in scope. The additional penalties imposed by the committee are: 1. The institution shall be subject to public reprimand and censure. 2. The institution shall be on probation for three years from August 9, 1998, the date of the hearing. (The institution was already on probation from September 21, 1996, to September 21, 1998, for its previous case). 3. The institution's men's basketball team shall end its season with the playing of its last regularly scheduled, in-season contest and shall not be eligible to participate in any postseason competition. The men's basketball team is also prohibited from taking advantage of the exceptions to the limitation on the number of basketball contests provided in Bylaws , , and If the institution has any existing commitments to participate in contests under these exceptions, it may seek leave from the committee to defer application of this portion of the penalty until the academic year. 4. The number of total athletically related financial aid awards in women's volleyball shall be reduced by a total of three during the and academic years, with a reduction of at least one (from 12 to 11) scholarship during each academic year. (The institution proposed a reduction of one scholarship for the academic year.) 5. The number of total athletically related financial aid awards in men's basketball shall be reduced by one (from 13 to 12) during each of the and academic years.

16 Page No The number of expense-paid visits to the institution's campus in women's volleyball shall be limited to six during each of the and academic years. 7. During the period of probation, the institution shall: a. Continue to develop and implement a comprehensive educational program on NCAA legislation, including seminars and testing, to instruct the coaches, the faculty athletics representative, all athletics department personnel and all university staff members with responsibility for the certification of student-athletes for admission, retention, financial aid or competition; b. Submit a preliminary report to the director for the NCAA infractions committees by November 1, 1998, setting forth a schedule for establishing this compliance and educational program; and c. File with the committee's director annual compliance reports indicating the progress made with this program by August 1 of each year during the probationary period. Particular emphasis should be placed on the monitoring of the recruitment of international student-athletes. The reports must also include documentation of the university's compliance with the penalties adopted and imposed by the committee. 8. The institution's president shall recertify in a letter to the committee that all of the university's current athletics policies and practices conform to all requirements of NCAA regulations. 9. If the assistant women's volleyball coach named in Finding II-G had still been employed in athletics at the institution, the university would have been required to show cause in accordance with Bylaw (l) why it should not be subject to additional penalties if it had failed to take appropriate disciplinary action against her. 10. The assistant women's volleyball coach named in Finding II-G has been informed in writing by the NCAA that, due to her involvement in certain violations of NCAA legislation found in this case, if she seeks employment or affiliation in an athletically related position at an NCAA member institution during a five-year period (August 9, 1998, to August 9, 2003), she and the involved institution shall be requested to appear before the Committee on Infractions to consider whether the member institution

17 Page No. 17 should be subject to the show-cause procedures of Bylaw (l), which could limit her athletically related duties at the new institution for a designated period. 11. The institution informed the Committee on Infractions at the August 9, 1998, hearing that the assistant men's basketball coach involved in this case is still employed by the institution, but that he no longer has coaching duties. If the former assistant coach seeks to return to coaching at the or any other NCAA member institution during the period of the institution's probation (August 9, 1998 to August 9, 2001), he and the institution shall be requested to appear before the Committee on Infractions to consider whether the institution should be subject to the show-cause procedures of Bylaw (l), which could limit the former assistant coach's duties at the institution for a designated period. As required by NCAA legislation for any institution involved in a major infractions case, the shall again be subject to the provisions of NCAA Bylaw , concerning repeat violators, for a five-year period beginning on the effective date of the penalties in this case, August 9, 1998.

18 Page No. 18 Should the or the head women's volleyball coach or assistant men's basketball coach who participated in the processing of this case appeal either the findings of violations or penalties to the NCAA Division I Infractions Appeals Committee, the Committee on Infractions will submit a response to the members of the appeals committee, with a copy to any party who may appeal. This response may include additional information in accordance with Bylaw Because the assistant women's volleyball coach named in Finding II-G chose not to participate in the processing of this case, she has waived her opportunity to appeal. The Committee on Infractions wishes to advise the institution that it should take every precaution to ensure that the terms of the penalties are observed. The committee will monitor the penalties during their effective periods, and any action contrary to the terms of any of the penalties or any additional violations shall be considered grounds for extending the institution's probationary period, as well as imposing more severe sanctions in this case. Should any portion of any of the penalties in this case be set aside for any reason other than by appropriate action of the Association, the penalties shall be reconsidered by the Committee on Infractions. Should any actions by NCAA Conventions directly or indirectly modify any provision of these penalties or the effect of the penalties, the committee reserves the right to review and reconsider the penalties. NCAA DIVISION I COMMITTEE ON INFRACTIONS Richard J. Dunn Jack H. Friedenthal Frederick B. Lacey James Park Jr. Yvonne (Bonnie) L. Slatton (acting chair) Thomas E. Yeager