For complete articles on this story, please click on the following links: Inside Higher Ed; and Kansas City Star.

Bylaw 13.1.1.2 Four-Year Prospective Student-Athletes: An athletics staff member or other representative of the institution’s athletics interests shall not make contact with the student-athlete of an NCAA or NAIA four-year collegiate institution, directly or indirectly, without first obtaining the written permission of the first institution’s athletics director (or an athletics administrator designated by the athletics director) to do so, regardless of who makes the initial contact. If permission is not granted, the second institution shall not encourage the transfer and shall not provide athletically related financial assistance to the student-athlete until the student-athlete has attended the second institution for one academic year. If permission is granted to contact the student-athlete, all applicable NCAA recruiting rules apply.

The bylaw was cited in Secondary Case Number 51651 (April 13, 2012) involving a men’s soccer coach, which is summarized below:

Facts: On January 4, 2012, the head men’s soccer coach (HC) communicated with a prospective transfer student-athlete (PSA) prior to obtaining written permission from the PSA’s current institution. Specifically, PSA contacted HC while PSA was home for winter break. PSA told HC that he played four years of soccer at his current institution and would graduate in the spring of 2012; therefore, after the call, HC did not think a release from PSA’s current institution was necessary because PSA had no remaining eligibility. Upon meeting, PSA told HC that his current institution was in the process of filing a medical hardship waiver and, if approved, PSA would like to participate in men’s soccer at the institution while in graduate school. Still, HC did not think a release was necessary because at the time of contact PSA did not have eligibility remaining. The violation was discovered when HC introduced PSA to the assistant athletics director for compliance and explained PSA’s situation. A release from PSA’s current institution was requested and subsequently received on January 24, 2012.

Additional Facts: None.

Institution Action: In this case, unusual circumstances resulted in a recruiting violation although HC was aware of the legislation, and thought he was following it. The institution will not self-impose any penalties against HC due to the unusual circumstances and the fact that HC was acting in good faith. The institution staff will have a follow-up rules education session if a similar situation should arise to avoid another violation in this manner.

Enforcement Action: The institution should be required to issue HC a letter of admonishment. In addition, the PSA is ineligible for intercollegiate competition until his eligibility is restored by the NCAA student-athlete reinstatement staff.

AGENDA

1. Welcome and Introduction of Topic (Michael L. Buckner, Esquire) [3:30 to 3:35 pm].

2. Athletics Investigations: Planning and Interviewing (Michael L. Buckner, Esquire) [3:35 to 4:00 pm].

a. Introduction of Fact Pattern.

b. Planning an Investigation: Investigation Policy and Procedures and Investigation Plan.

c. Interviewing 101: Strategies, Best Practices and Tips on Interviewing; How to Question Witnesses (A Civil Action screening).

3. Investigating Hot Topics [4:00 to 4:25 pm].

Panel discussion (Justin P. Sievert, Esquire). [Jason Leonard, University of Oklahoma, executive-director of compliance; Steve Sturek, Atlantic Sun Conference, senior associate commissioner; Nicole Green, University of Memphis, assistant athletics director for compliance; Dr. Sharron Herron-Williams, Alabama State University, faculty athletics representative.]

4. Questions and Answers (Michael L. Buckner, Esquire) [4:25 to 4:30 pm].

The Michael L. Buckner Law Firm will conduct a similar session on June 4, 2012, during the NCAA Regional Rules Seminar in Atlanta, Georgia.

This interpretation referenced NCAA Division I Bylaws 11.7.2.1.1 (weight or strength coach), 11.7.3.1.1 (weight or strength coach) and 11.7.4.1.1 (weight or strength coach); and staff interpretations (5/13/92, Item No. a) and (5/2/07 (Item No. 1a), which has been archived, Proposal No. 2010-19.

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance include the interpretation in the next scheduled rules-education session for the athletics staff and coaches.

His first order of business was to clean up a football program muddied by an NCAA investigation that led to harsh penalties and resulted in a famous 1995 Sports Illustrated cover story urging the school to drop football.   In 2001, the Hurricanes won their fifth national championship and the program’s outlaw image began fading into the past.   Aside from resurrecting UM football, Mr. Dee spearheaded the construction of an on-campus basketball arena as well as the building of Cobb Stadium, which serves as the school’s home for its soccer and track programs. Mr. Dee also oversaw UM’s jump from the Big East Conference to the Atlantic Coast Conference and hired coaches Butch Davis and Jim Morris, instrumental in leading the Hurricanes to national championships in football (2001) and baseball (1999 and 2001), respectively. 

Dee also was a member and chair of the Committee on Infractions, as described by the Washington Post, ”most notably when sanctions — including a bowl ban, scholarship reductions and forfeiture of games — came down against Southern California in 2010, all stemming from improper benefits given to then-Heisman Trophy winner Reggie Bush by sports marketers. Dee chaired the committee at the time, then saying ‘higher-profile players require higher-profile monitoring’”.

I appeared before Dee’s committee on numerous occasions. Dee had a great sense of humor and full of interesting stories. The intercollegiate athletics community will miss his presence.

Full stories on Dee and his passing can be found by clicking on the following links: Palm Beach Post; Kansas City Star; NBC 6-Miami; Washington Post; Orlando Sentinel; and Chicago Sun-Times.

The NCAA Regional Rules Seminar schedule can be found here.

The description of the NCAA Regional Rules Seminar sessions can be found here.

Any pre-released materials for the NCAA Regional Rules Seminar sessions can be found here.

Terrelle Pryor addresses scandal

Takeaway: Current Oakland Raiders reserve quarterback and former Ohio State University quarterback Terrelle Pryor opened up regarding his role in the Ohio State University enforcement case with Sports Illustrated. Pryor acknowledged he made mistakes during his time at Ohio State but claimed many of the benefits conferred to him were taken in order to provide for his family.

Teacher at UMKC says athlete’s failing grade was altered

Takeaway: Henry Lyons, an adjunct professor at the University of Missouri-Kansas City has alleged a failing grade was changed to a passing grade by the university to benefit an athlete in a course he was teaching. Lyons, who sent a letter to the NCAA regarding the issue, stated, “it’s the arrogance of the system…this is not a personal agenda. It’s about what’s right.”

Elite Kentucky Recruit Attracts N.C.A.A. Inquiry

Takeaway: The NCAA sent two members of its enforcement staff to Massachusetts this week to inquire about Nerlens Noel, who is the country’s top basketball recruit and has committed to play at Kentucky. The Everett High School principal, Louis Baldi, said the meeting lasted an hour and 15 minutes and centered on Noel’s background and the people surrounding him.

This interpretation referenced NCAA Division I Bylaws 20.9.5.1 (scheduling requirement) and 20.9.4.3 (minimum contests and participants requirements for sports sponsorship), a staff interpretation (6/7/95, Item No. b), which has been archived, and NCAA Interpretations Committee Minutes (9/16/93, Item No. 1).

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance include the interpretation in the next scheduled rules-education session for the athletics staff and coaches.

This interpretation referenced NCAA Division I Bylaws 13.11.1.3 (competition against prospective student-athletes – sports other than football), 13.11.1.4 (competition against prospective student-athletes – bowl subdivision football), 13.11.1.4.1 (exception — national service academy subvarsity team), 13.11.1.5 (competition against prospective student-athletes – championship subdivision football) and staff interpretation (10/3/90, Item No. b) which has been archived.

In light of this interpretation, the Michael L. Buckner Law Firm recommends institutions’ athletics compliance include the interpretation in the next scheduled rules-education session for the athletics staff and coaches.

• In-depth strategies, techniques and best practices on how: (a) to plan an internal investigation of alleged NCAA rules-violations; and (b) to conduct investigative interviews.
• Best practices and advice from athletics administrators and investigators on how to address enforcement “hot topics” during an NCAA enforcement investigation.

AGENDA

1. Welcome and Introduction of Topic (Michael L. Buckner, Esquire) [3:30 to 3:35 pm].

2. Athletics Investigations: Planning and Interviewing (Michael L. Buckner, Esquire) [3:35 to 4:00 pm].

a. Introduction of Fact Pattern.

b. Planning an Investigation: Investigation Policy and Procedures and Investigation Plan.

c. Interviewing 101: Strategies, Best Practices and Tips on Interviewing; How to Question Witnesses (A Civil Action screening).

3. Investigating Hot Topics [4:00 to 4:25 pm].

a. Anaheim: Panel discussion (Justin P. Sievert, Esquire). [Jason Leonard, University of Oklahoma, executive-director of compliance; Steve Sturek, Atlantic Sun Conference, senior associate commissioner; Nicole Green, University of Memphis, assistant athletics director for compliance; Dr. Sharron Herron-Williams, Alabama State University, faculty athletics representative.]

b. Atlanta: Guest Speaker or panel discussion [TBA].

4. Questions and Answers (Michael L. Buckner, Esquire) [4:25 to 4:30 pm].

Note: Participants must be registered with the NCAA Regional Rules Seminar to attend the session. Click here to register for the NCAA Regional Rules Seminar.

Disclaimer: The sessions do not comprise the official program of the NCAA regional rules seminars and are not endorsed or sponsored by the NCAA.

We look forward to seeing you in Anaheim and Atlanta!

Sincerely,

Michael L. Buckner Law Firm