The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Northeastern University (“NU”) committed violations of NCAA legislation. After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute violations of NCAA legislation.

The former head men’s and women’s track and field and cross country coach arranged for the provision of impermissible benefits, including transportation and hotel accommodations, for prospective student-athletes, their coaches and administrators from a two-year collegiate institution. Further, he failed to promote an atmosphere for rules compliance, violated the principles of ethical conduct and failed to cooperate in the investigation. The three former men’s ice hockey coaches knowingly made impermissible phone calls and sent impermissible text messages to prospects. Finally, NU failed to monitor the administration of the men’s ice hockey program.

The Committee determined that the case should move forward under a Level I standard and found that NU committed the following violations of NCAA legislation:

Violations of NCAA Bylaws 13.1.2.1, 13.1.2.7-(a), 13.2.1, 13.2.1.1-(g), 13.5.1 and 13.8.2 (Level II)

The NCAA enforcement staff and NU agreed the former head track coach arranged for the provision of impermissible benefits to two-year college prospective student-athletes, a two-year college director of athletics and several two-year college coaches and impermissible contact between two-year college prospective student-athletes and current student-athletes.

In April 2010, the former head track coach arranged for the provision of impermissible air transportation to two then two-year college track and field prospective student-athletes, a two-year college director of athletics, a two-year college assistant athletics director and a two-year men’s and women’s track and field coach when the former head track coach arranged and paid for round-trip air transportation for the five individuals between Providence, Rhode Island, and Kingston, Jamaica, in order for the two-year college prospective student-athletes to participate in the U-Tech Track and Field Classic (U-Tech Invitational) that occurred April 14 through 18, 2010. The total value of the impermissible transportation for the five individuals was approximately $2,425.

In March 2012, the former head track coach arranged for the provision of impermissible ground and air transportation, as well as hotel accommodations, to five two-year college prospective student-athletes, a two-year college director of athletics and three two-year college track and field coaches when he paid the costs associated with the ground transportation from NU to Boston Logan International Airport and transportation while in Myrtle Beach, South Carolina; roundtrip airfare from Boston to Myrtle Beach; and hotel accommodations, in order for the two-year college prospective student-athletes to participate in the Shamrock Invitational that occurred March 15 through 18, 2012.  The total value of the benefits was approximately $4,027.

In April 2010 and March 2012, the former head track coach arranged for at least five NU track and field student-athletes to have in-person, off-campus contact with six then two-year college track and field prospective student-athletes when they roomed with the student-athletes while participating in the U-Tech and Shamrock Invitationals.

Violations of NCAA Bylaws 10.01.1, 10.1, 1.1-(a), 10.1-(c), 11.1.2.1, and 19.2.3 (Level I)

The NCAA enforcement staff and NU agreed that the former head track coach (1) violated the principles of ethical conduct when he failed to deport himself with generally recognized high standards of honesty and sportsmanship normally associated with the conduct and administration of intercollegiate athletics, (2) failed to promote an atmosphere of compliance and (3) refused to cooperate and furnish information relevant to the enforcement staff’s investigation.

In April 2010 and March 2012, the former head track coach knowingly provided improper benefits to prospective student-athletes.

In March 2012, the former head track coach failed to promote an atmosphere of compliance when he failed to take steps to avert the violations or contact the compliance staff to report violations after two of his assistant coaches questioned the permissibility of providing transportation and lodging to two-year college track and field prospective student-athletes, coaches and administrators.

On September 16, 2013, the former head track coach failed to cooperate and refused to furnish information relevant to the enforcement staff’s investigation when he declined the enforcement staff’s request for an interview.

Violations of NCAA Bylaws 13.1.3.1, 13.1.3.1.4, and 13.4.1.2 (Level II)

The NCAA enforcement staff, NU and involved parties agreed between October 2008 and January 2011, members of the men’s ice hockey coaching staff violated NCAA recruiting communication legislation by placing 59 impermissible telephone calls and sending 615 text messages to men’s ice hockey prospective student-athletes.

The former head hockey coach placed 15 impermissible telephone calls and sent 154 impermissible text messages to 20 prospective student-athletes. Between July and November 2010, the former head hockey coach placed 15 impermissible telephone calls to four prospective student-athletes. He placed one impermissible telephone call after he had already made the one permissible call to a prospective student-athlete during that month. All other impermissible telephone calls were placed after he had already made the one permissible telephone call to a prospective student-athlete during that week. Between October 2008 and December 2010, the former head hockey coach sent 154 impermissible text messages to 19 prospective student-athletes.

Between February 2009 and December 2010, former assistant hockey coach 1 sent 109 impermissible text messages to 17 prospective student-athletes.

Former assistant hockey coach 2 placed 44 impermissible telephone calls and sent 352 impermissible text messages to 24 prospective student-athletes. Between July 2009 and November 2010, former assistant hockey coach 2 placed 44 impermissible telephone calls to 14 prospective student-athletes. All 44 impermissible telephone calls were placed after he had already made the one permissible call to a prospective student-athlete during that week. Between May 2009 and January 2011, former assistant hockey coach 2 sent 352 impermissible text messages to 22 prospective student-athletes.

Violations of NCAA Constitution 2.8.1 (Level II)

The NCAA enforcement staff and NU agreed the scope and nature of the violations demonstrate NU failed to adequately monitor the conduct and administration of its men’s ice hockey program in that it failed to adequately monitor telephone calls and the transmission of text messages between October 2008 and January 2011. With regard to the 64 impermissible telephone calls, NU did not compare the coaches’ recruiting phone logs to the coaches’ cell phone records as a spot check to monitor inconsistencies. With regard to the impermissible text messages, NU failed to monitor text messaging by coaches until January 2011, even though legislation prohibiting such communication became effective August 2007.

Aggravating and Mitigating Factors in accordance with NCAA Bylaws 19.9.3 and 19.9.4.

Aggravating factors were as follows: 1) NU had a major infractions case involving the men’s basketball program in 2009 (NCAA Bylaw 19.9.3-(b)); 2) the former head track coach knowingly provided impermissible benefits to two-year college prospective student-athletes and administrators and failed to cooperate and furnish all relevant information to the enforcement staff (NCAA Bylaw 19.9.3-(e)); and 3) the former head track coach participated in and condoned violations of NCAA legislation when he knowingly provided impermissible benefits to two-year college prospective student-athletes and administrators. The men’s ice hockey coaches knowingly violated NCAA legislation when they sent impermissible text messages to prospective student-athletes (NCAA Bylaw 19.9.3-(h)).

Mitigating factors were as follows: 1) upon learning of possible violations, NU conducted its own internal investigation and suspended the former head track coach. Ultimately, NU terminated his employment. Additionally, beginning in the spring of 2012, NU required all coaches have the athletics administrator responsible for oversight of the sport program sign all itemized Pro Card and reimbursement forms as a second form of approval prior to submitting reimbursement requests to the athletics business office (NCAA Bylaw 19.9.4-(b)); 2) NU submitted 23 self-reports of secondary or Level III violations from 2009 to 2013 (NCAA Bylaw 19.9.4-(d)); and 3) NU showed exemplary cooperation (NCAA Bylaw 19.9.4-(f)).

As a result of the aforementioned violations, the Committee penalized NU as follows:

1. Public reprimand and censure.

2. Three years of probation from October 9, 2014 through October 8, 2017.

3. The former head track coach received a 3-year show cause penalty.

4. The three involved men’s ice hockey coaches were suspended for a total of six games.

5. Official paid visits in the sport of men’s ice hockey were reduced from the three-year average of seven to four for the 2011-12 academic year.

6. The number of permissible men’s ice hockey coaches recruiting on the road was decreased by one for six months, July 1, 2011, through December 31, 2011.

7. The former head hockey coach was prohibited from all off-campus recruiting for three months, October 1, 2011, to December 31, 2011.

8. The former head hockey coach was prohibited from communicating with prospects through written, electronic and telephone correspondence for three months, July 1, 2011, to September 30, 2011.

9. Former assistant hockey coach 2 was prohibited from all off-campus recruiting for three months, July 1, 2011, to September 30, 2011.

10. Former assistant hockey coach 2 was prohibited from communicating with prospects through written, electronic and telephone correspondence for three months, from October 1, 2011, to December 31, 2011.

11. The text message function on the company-issued cell phones of all three men’s ice hockey coaches was disabled for three months, from July 1 2011, to September 30, 2011.

12. None of the men’s ice hockey coaches were granted merit increases or bonuses for the 2011-12 fiscal year.

13. Letters of admonishment were issued to all three men’s ice hockey coaches and placed in their personnel files, to be given appropriate consideration during future performance evaluations.

14. The number of women’s track and field grants-in-aid was reduced by one for the 2013-14 and 2014-15 academic years.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it .