The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that Cheyney University of Pennsylvania (“CU”) committed major violations of NCAA legislation. The case involved and centered around violations of NCAA legislation governing certification of initial, transfer and continuing eligibility involving all of CU’s sports programs during the 2007-08 through 2010-11 academic years. It should be noted that CU was considered a “repeat violator” in accordance with NCAA Bylaw 19.5.2.3.1 and, thus, was subject to enhanced penalties as set forth in NCAA Bylaw 19.5.2.3. The prior infractions case processed in 2007 and had similar eligibility certification violations.

The Committee found that CU committed the following violations of NCAA legislation:

Violations of NCAA Bylaws 12.1.1.1, 12.1.1.1.2.1, 12.1.1.1.3, 12.1.1.1.3.1, 14.01.1, 14.10.1, 14.11.1, 15.01.5, and 16.8.1.2.

During the 2007-08 through 2010-11 academic years, CU permitted 109 student-athletes to practice, compete, receive travel expenses and/or athletically related financial aid prior to the institution’s receipt of their amateurism certification status from the NCAA Eligibility Center.

Generally, NCAA Bylaws 12 and 14 address the amateurism certification process and institutional responsibility for correct certification. NCAA Bylaws 15.01.5 and 16.8.1.2 address student-athletes’ eligibility for receipt of financial aid and what institutions can provide to student-athletes in association with competition. With respect to amateurism, included in NCAA Bylaws 12.1.1, 12.1.1.1.2.1 and 12.1.1.1.3 is the requirement that member institutions utilize the NCAA Eligibility Center to verify eligibility, including amateurism certification, and the processes which should be followed for confirmation of amateur status. NCAA Bylaw 12.1.1.1.3.1 specifies that student-athletes cannot compete before amateur status has been certified. Further, NCAA Bylaws 14.01.1 and 14.10.1 require that institutions are responsible for correct certification of eligibility, including the designation of an individual to “administer proper certification of eligibility.” NCAA Bylaw 14.11.1 requires institutions to withhold ineligible student-athletes from competition. NCAA 15.01.5 establishes that student-athletes must meet applicable NCAA conference and institutional regulations (which includes certification of amateurism) in order to receive institutional financial aid. Finally, NCAA Bylaw 16.8.1.2 limits travel expenses incidental to competition to eligible student-athletes.

Primarily as a result of neglect on the part of its former compliance directors, CU failed to implement its own policy, and NCAA bylaws, for certification of student-athletes’ amateurism statuses. This occurred when, on some occasions, the compliance directors failed to verify each student-athlete’s amateur status through the NCAA Eligibility Center and its database prior to allowing them to compete. This failure resulted in violations of NCAA Bylaws 12.1.1, 12.1.1.1.2.1 and 12.1.1.1.3. The failure to certify the amateurism status of the 109 student-athletes rendered them ineligible. CU permitted the student-athletes to compete while ineligible before verification of amateurism status in violation of NCAA Bylaws 12.1.1.1.3.1, 14.01.1, 14.10.1 and 14.11.1.

The student-athletes received institutional financial aid prior to meeting eligibility requirements, and in doing so, violated NCAA Bylaw 15.01.5. Finally, CU allowed student-athletes, who were ineligible, to receive expenses (food, lodging, etc.) in conjunction with travel to competition. This violated NCAA Bylaw 16.8.1.2.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Bylaws 12.1.1.1, 12.1.1.1.2.1, 12.1.1.1.3, 12.1.1.1.3.1, 14.01.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2.

Violations of NCAA Bylaws 14.01.1, 14.3.1, 14.3.5.1, 14.10.1, 14.11.1, 15.01.5, and 16.8.1.2.

During the 2007-08 through 2010-11 academic years, CU permitted six student-athletes to practice, compete, receive travel expenses and/or athletically related financial aid prior to the CU’s receipt of their academic certification status from the NCAA Eligibility Center.

Student-athletes must meet certain academic requirements in order to be eligible to compete at NCAA member institutions. Institutions are required to certify student-athletes’ academic eligibility through the NCAA Eligibility Center prior to allowing them to practice, compete and receive athletically related financial aid. In this case, the institution failed to certify the academic eligibility of six student-athletes through the NCAA Eligibility Center.

NCAA Bylaws 14.01.1 and 14.10.1 require institutions to be responsible for correct certification of eligibility, including the designation of an individual to “administer proper certification of eligibility.” NCAA Bylaws 14.3.1 and 14.3.5.1 require student-athlete to meet academic qualifications for eligibility and specifies that student-athletes can practice for 45 days, but not compete, while the academic certification process is being completed. NCAA Bylaw 14.11.1 requires institutions to withhold ineligible student-athletes from competition. NCAA Bylaw 15.01.5 established that student-athletes meet applicable NCAA conference and institutional regulations (which includes certification of academic eligibility) in order to receive institutional financial aid. NCAA Bylaw 16.8.1.2 limits travel expenses associated with competition to eligible student-athletes.

The failure to certify the academic eligibility of the six student-athletes rendered them ineligible for competition. CU permitted the student-athletes to compete while ineligible before verification of their academic eligibility status in violation of NCAA Bylaws 14.01.1, 14.10.1 and 14.11.1. When CU failed to certify the six student-athletes as academic qualifiers but allowed them to practice, compete and receive financial aid during their first academic year in residence, it violated NCAA Bylaws 14.3.1 and 14.3.2.2.1. The student-athletes received institutional financial aid prior to meeting eligibility requirements, and in doing so, violated NCAA Bylaw 15.01.5. Finally, CU allowed these six student-athletes, who were ineligible, to receive expenses (food, lodging etc.) in conjunction with travel to competition. This violated NCAA Bylaw 16.8.1.2.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Bylaws 14.01.1, 14.3.1, 14.3.5.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2.

Violations of NCAA Bylaws 14.01.1, 14.1.8.1, 14.4.3.1-(b)-(1), 14.10.1, 14.11.1, and 16.8.1.2

During the 2010-11 academic year, CU permitted student-athlete 1 to practice, compete and receive travel expenses when he was enrolled in fewer than 12-semester credit hours. Additionally, CU permitted the student-athlete to compete and receive travel expenses without having fulfilled progress-toward-degree requirements.

Student-athletes must be full-time students in order to be eligible. NCAA Bylaw 14.1.8.1 specifies that student-athletes must be enrolled in a minimum of 12 semester credit hours to be eligible for practice, competition and receipt of financial aid. NCAA Bylaw 14.4.3.1-(b)-(1), requires that, for a student-athlete following his or her first academic year in residence, the student-athlete must average a minimum of 12 semester credit hours in each of the previous academic terms in which he/she was enrolled full-time in order to meet progress-toward-degree requirements.

NCAA Bylaws 14.01.1 and 14.10.1 mandates that institutions are responsible for correct certification of eligibility, including the designation of an individual to “administer proper certification of eligibility.” NCAA Bylaw 14.11.1 requires institutions to withhold ineligible student-athletes from competition. NCAA Bylaw 16.8.1.2 limits travel expenses associated with competition to eligible student-athletes.

The former compliance director incorrectly added credit hours from the retaking of a philosophy course taken by student-athlete 1 during the 2010 spring semester and a remedial math course taken during the 2010 summer session when totaling student-athlete 1’s earned credits for the fall 2010 semester. This resulted in the over-awarding of student-athlete 1’s credit hours by three. Because of this, he was enrolled in only nine hours during that semester, three less than the required minimum of 12 to be eligible.

Further, prior to starting the 2010 fall semester, student-athlete 1 completed an average of only 10.5 hours during each of the previous academic terms in which he was enrolled full-time, which is 1.5 hours below the minimum for each semester to meet progress-toward-degree requirements. This failure to complete the requisite number of credit hours violated NCAA Bylaws 14.1.8.1 and 14.4.3.1-(b)-(1). CU did not meet its responsibility to correctly certify student-athlete 1 and permitted him to compete while ineligible, in violation of NCAA Bylaws 14.01.1, 14.10.1 and 14.11.1. Finally, CU allowed student-athlete 1, who was ineligible, to receive expenses (food, lodging etc.) in conjunction with travel to competition. This violated NCAA Bylaw 16.8.1.2.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Bylaws 14.01.1, 14.1.8.1, 14.4.3.1-(b)-(1), 14.10.1, 14.11.1 and 16.8.1.2.

Violations of NCAA Bylaws 14.01.1, 14.2, 14.2.2, 14.5.5.1, 14.1.1, 14.11.1, 15.01.5, and 16.8.1.2

During the 2008-09 academic year, CU permitted student-athlete 2 to compete during his initial year in residence at CU when he did not satisfy NCAA four-year college transfer requirements. Additionally, during the 2010-11 academic year, CU permitted student-athlete 2 to practice, compete, receive travel expenses and athletically related financial aid after his fourth season of competition.

Student-athletes are eligible to compete at NCAA member institutions for a limited number of years. NCAA Bylaws 14.2 and 14.2.2 specify that student-athletes are limited to four years of intercollegiate competition and that it occur within the first 10 semesters (traditionally five years) of enrollment. Student-athletes transferring from one four-year institution to another must meet certain requirements in order to be eligible at the four-year institution to which the student-athlete is transferring. NCAA Bylaw 14.5.5.1 specifies that such transfers shall not be eligible for intercollegiate competition at a member institution until the student-athlete has fulfilled a one-year residence requirement. However, NCAA Bylaw 14.5.5.3.6 allows four-year transfers to be immediately eligible provided that they have not competed in intercollegiate athletics or participated in countable athletically related activities (CARA) for two years. NCAA Bylaw 15.01.5 specifies that student-athletes must meet eligibility requirements in order to receive institutional financial aid.

In this instance, student-athlete 2 attended a four-year institution and was on that institution’s men’s basketball roster for the 2005-06 and 2006-07 academic years. He competed on that institution’s team during the 2005-06 season and participated in scrimmages during the 2006-07 season. During the 2007-08 academic year, student-athlete 2 was not enrolled at a collegiate institution. Student-athlete 2 enrolled as a full-time student at CU for the 2008-09 academic year. CU incorrectly allowed student-athlete 2 to compete during the 2008-09 academic year because it believed student-athlete 2 met the exception allowed by NCAA Bylaw 14.5.5.3.6. Student-athlete 2 did not meet that exception because he participated in scrimmages, a CARA, during 2006-07, his second year at the originating institution. A violation of NCAA Bylaw 14.5.5.1 occurred when student-athlete 2 failed to meet the two-year non-participation exception and did not fulfill a year of residency during his first year at the institution.

Because student-athlete 2 participated in intercollegiate competition during his first year at his originating institution and in scrimmages during his second year, he only had two seasons of competition (out of four); therefore, he was ineligible after the 2009-10 academic year. He participated in intercollegiate competition at CU during the 2008-09, 2009-10 and 2010-11 seasons. Consequently, student-athlete 2 participated in a fifth year of competition during the 2010-11 year in violation of NCAA Bylaws 14.2 and 14.2.2. Further, because CU permitted student-athlete 2 to compete while ineligible, it did not meet its responsibility for proper certification of eligibility and its obligation to withhold an ineligible student-athlete from competition as set forth in NCAA Bylaws 14.01.1, 14.10.1 and 14.11.1. CU awarded financial aid to student-athlete 2 prior to him meeting eligibility requirements, and in doing so, the institution violated NCAA Bylaw 15.01.5. Finally, CU allowed student-athlete 2, who was ineligible during his first and last years at the institution, to receive expenses (food, lodging etc.) associated with competition. This violated NCAA Bylaw 16.8.1.2.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Bylaws 14.01.1, 14.2, 14.2.2, 14.5.5.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2.

Violations of NCAA Bylaws 14.01.1, 14.3.1, 14.3.2.2.1, 14.10.1, 14.11.1, 15.01.5, and 16.8.1.2.

During the 2007-08 and 2009-10 academic years, CU permitted student-athletes 3 and 4 to practice, compete and receive travel expenses and/or athletically related financial aid despite having been certified as academic nonqualifiers.

Student-athletes must meet certain academic standards to be eligible for practice, competition and receipt of financial aid. NCAA Bylaw 14.3.1 establishes academic requirements for incoming freshman student-athletes. NCAA Bylaw 14.3.2.2.1 states that an entering freshman with no previous college attendance who is an academic nonqualifier at the time of enrollment shall not be eligible for regular-season competition, practice and financial aid during the first academic year in residence.

Because student-athlete 3’s core course GPA was below the required minimum, he was ineligible to practice and compete during the 2007-08 academic year. However, CU permitted him to compete in two contests during the fall semester of that year in violation of NCAA Bylaws 14.3.1 and 14.3.2.2.1. Because student-athlete 4’s core course GPA and college entrance test score were below the required minimums, he was similarly ineligible to practice, compete and receive financial aid during the 2009-10 academic year. Despite this, CU permitted student-athlete 4 to compete in four contests and receive $3,700 in athletically related financial aid in violation of NCAA Bylaws 14.3.1 and 14.3.2.2.1. Further, because CU permitted student-athletes 3 and 4 to compete while ineligible, it did not meet its responsibility for proper certification of eligibility and its obligation to withhold ineligible student-athletes from competition and violated NCAA Bylaws 14.01.1, 14.10.1 and 14.11.1.

NCAA Bylaw 15.01.5 specifies that student-athletes must meet eligibility requirements in order to receive institutional financial aid. Student-athlete 4 was allowed to receive financial aid prior to meeting eligibility requirements. As a result, the institution violated the bylaw. Finally, CU allowed student-athletes 3 and 4, who were ineligible during their first year at the institution, to receive expenses (food, lodging etc.) associated with competition. This violated NCAA Bylaw 16.8.1.2.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Bylaws 14.01.1, 14.3.1, 14.3.2.2.1, 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2.

Violations of NCAA Bylaws 14.01, 14.5.1, 14.5.4, 14.5.4.1-(b), 14.10.1, 14.11.1, 15.01.5, and 16.8.1.2.

Student-athletes 5 and 6 did not satisfy NCAA two-year college transfer requirements during the 2010-11 academic year. Despite this, CU permitted them to practice, compete and receive travel expenses and/or athletically related financial aid during their initial years in residence at CU.

NCAA rules establish academic requirements for two-year college transfer student-athletes in order to be eligible during their first year in residence at four-year member institutions. NCAA Bylaw 14.5.4.1-(b) requires two-year college transfer student-athletes to complete an average of at least 12-semester or 12-quarter hours of transferable credit at the four-year member institution for each full-time academic term of attendance at the two-year college. Because student-athlete 5 had 47 transferable credits, he had one less than the required minimum of 48 credit hours. Because student-athlete 6 had 44 transferable credits, he had four less than the required minimum of 48 credit hours. In both instances, the former compliance director took credit hours from the two student-athletes’ enrollment at CU for the fall semester of the 2010-11 academic year and added those hours to credit hours they had completed at their previous two-year institutions in a misguided effort to attain the 48 transfer credits necessary for eligibility. All credit hours used for determining eligibility for two-year college student-athletes must be earned previous to full-time enrollment and certification of eligibility at the four-year institution. The former compliance director’s misappropriation of credit hours earned at CU to attain sufficient transfer credit hours violated NCAA Bylaw 14.5.4.1-(b) and resulted in both student-athletes impermissibly competing in multiple contests during the 2010-11 season.

Because CU permitted student-athletes 5 and 6 to compete while ineligible, it did not meet its responsibility for proper certification of eligibility and its obligation to withhold ineligible student-athletes from competition until they were properly certified, in violation of NCAA Bylaws 14.01.1, 14.10.1 and 14.11.1. Further, because student-athletes 5 and 6 did not meet the applicable transfer requirements, they should have fulfilled a year of residence, but they did not do so, in violation of NCAA Bylaw 14.5.1. NCAA Bylaw 15.01.5 specifies that student-athletes must meet eligibility requirements in order to receive institutional financial aid. Student-athlete 5 was allowed to receive financial aid prior to meeting eligibility requirements. As a result, the institution violated the bylaw. Finally, CU allowed student-athletes 5 and 6, who were ineligible during their first year at the institution, to receive expenses (food, lodging, etc.) associated with competition in violation of NCAA Bylaw 16.8.1.2.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Bylaws 14.01, 14.5.1, 14.5.4, 14.5.4.1-(b), 14.10.1, 14.11.1, 15.01.5 and 16.8.1.2.

Violations of NCAA Constitution 2.1.1, 2.8.1, and 6.01

During the 2007-08 through the 2010-11 academic years CU lacked institutional control and monitoring by its failure to: establish adequate NCAA compliance systems, monitor and evaluate its athletics programs and provide adequate rules education and training to institutional staff members to ensure that the athletics program operated in compliance with NCAA rules.

NCAA Constitution 2.1.1, 2.8.1 and 6.01.1 state that member institutions are responsible for complying with all applicable rules and regulations of the Association in the conduct of their intercollegiate athletics programs. Further, each member institution is responsible for monitoring its programs to assure compliance, and for identifying and reporting to the Association instances in which compliance has not been achieved. Correct certification of eligibility is a fundamental obligation of membership.

The numerous errors in eligibility certification set forth above demonstrate that CU failed its responsibility to comply with bylaws relating to eligibility, thus demonstrating a lack of institutional control. Additionally, CU failed to maintain student-athlete records, establish policies and procedures to allow it to monitor certification processes and countable athletically related activities. Moreover, senior athletics department personnel lacked oversight and verification of eligibility certification, further demonstrating a lack of institutional control. CU lacked policies and procedures with regard to communication between the athletics department and other university departments and offices, such as the registrar. This led to student-athletes’ ineligible participation while enrolled in less than a full-time course of study and ineligible competition after having been dropped from classes. A lack of NCAA rules education for individuals outside of the athletics department, but who had duties and responsibility in the student-athlete eligibility certification process, also demonstrated a lack of institutional control.

The facts are not in dispute. The Committee concludes that these facts constitute violations of NCAA Constitution 2.1.1, 2.8.1 and 6.01.

Violations of NCAA Constitution 2.1.1 and 2.8.1.

From July 2009 to June 2011, the former compliance director failed to monitor by neglecting to follow proper procedures in the certification of student-athletes’ eligibility. This failure resulted in violations of NCAA legislation in the following areas: initial, transfer and continuing eligibility certification; financial aid; and the provision of extra benefits. These violations involved numerous student-athletes in all 12 of the institution’s sports.

NCAA member institutions are required to have processes in place that will allow them to comply with the rules and regulations of the Association. NCAA Constitution 2.1.1 and 2.8.1 state that member institutions are responsible for complying with all applicable rules and regulations of the Association in the conduct of their intercollegiate athletics programs. Further, each member institution is responsible for monitoring its programs to assure compliance and for identifying and reporting to the Association instances in which compliance has not been achieved.

Similarly, individual staff members who have compliance responsibilities are expected to follow the rules of the Association and, when failing to do so, should be held accountable. The Committee recognizes that mistakes can occur, even in situations when good-faith efforts are being made. However, when multiple, similar mistakes occur over a lengthy period of time, such as those committed by CU’s former compliance director, a failure to monitor violation against that individual is appropriate. During the nearly two years as the senior staff member in the compliance office, the former compliance director failed to properly certify eligibility for numerous student-athletes in the areas of initial, continuing and transfer eligibility. These eligibility certification failures also resulted in additional violations of impermissible financial aid and extra benefit legislation. Finally, many student-athletes competed while ineligible as a result of these failures.

The former compliance director did not respond. Absent a response and in careful consideration of the facts and circumstances before it, the Committee concludes that the facts constitute violations of NCAA Constitution 2.1.1 and 2.8.1 by the former compliance director.

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

1. Public reprimand and censure.

2. Five years of probation from August 21, 2014, through August 20, 2019.

3. Pursuant to NCAA Bylaw 19.5.2.3-(d), CU shall relinquish its voting privileges in the Association for a period of two years.

4. CU did not participate in NCAA playoffs, championships, or other postseason competition during the 2013-14 academic year.

5. Pursuant to NCAA Bylaws 19.5.2-(g) and 31.2.2.4, CU shall vacate all wins in which ineligible student-athletes competed during the 2007-08 through 2010-11 academic years.

6. The former compliance director received a 5-year show cause penalty.

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 .