The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Eastern Michigan University (“EMU”) committed major violations of NCAA legislation.  A majority of the violations in this case concern the staff of the women’s basketball program 1) requiring women’s basketball student-athletes to participate in countable athletically related activities that exceeded practice hour limitations over a three year period and 2) arranging for prospective student-athletes to participate in open gym sessions in violation of NCAA tryout 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 major violations of NCAA legislation.

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

Impermissible Playing and Practice Seasons in violation of NCAA Bylaws 17.01.1, 17.02.13, 17.1.6.1, 17.1.6.3.2.1, 17.1.6.3.4, and 17.1.6.4

During the 2009-10 academic year, women’s basketball student-athletes were required to participate in countable athletically related activities (“CARA”) on numerous occasions that exceeded the daily and weekly practice hour limitations including 1) in fall 2009, student-athletes practiced more than four hours per day approximately three times per week; 2) some women’s basketball student-athletes were required to perform countable conditioning workouts in the training rooms for thirty minutes on their day off; 3) on November 24, 2009, the women’s basketball coaching staff required student-athletes to watch game film after a competition, which constituted CARA.

During the 2007-08 and 2008-09 academic years, women’s basketball student-athletes were required to participate in CARA on numerous occasions that exceeded the daily and weekly practice hour limitations.  Specifically, during the 2007-08 and 2008-09 playing seasons, the women’s basketball student-athletes practiced more than four hours per day, four times per week, which resulted in the student-athletes practicing a minimum of 22 hours per week, exceeding the limit allowable under NCAA rules.

During the 2007-08 through 2009-10 academic years, the coaches failed to record accurately the student-athletes’ daily and weekly countable practice hours on the CARA forms.

Impermissible Playing and Practice Seasons in violation of NCAA Bylaws 17.02.1, 17.02.13, 17.3.6, and 17.3.6.1

During the summer vacation periods of 2007 through 2010, women’s basketball student-athletes were required to participate in CARA including training and condition with the strength and conditioning coach, as well as various basketball activities.  The coaches knew which student-athletes attended the workouts and that coaches and basketball operations personnel punished student-athletes on occasions if they did not attend a workout.  Specifically, during the summers of 2007 through 2010, women’s basketball student-athletes were required to participate in CARA of weight training and conditioning at least three times per week with the strength and conditioning coach and basketball activities at least four times per week.

Further, during the summers of 2007 through 2010, basketball staff members occasionally observed student-athletes participating in basketball activities from the gymnasium doors, and the former head coach provided basketball instruction and advice to student-athletes participating in basketball activities.  In addition, during the summer of 2007, women’s basketball student-athletes were required to participate in skill instruction, basketball drills and conditioning activities with a third-party on campus.

Impermissible Tryouts in violation of NCAA Bylaws 13.11.1, 13.11.1.1, and 13.11.2.2

During the summer of 2007, through the academic year of 2009-10, the women’s basketball coaching staff violated the NCAA tryout legislation when it arranged for then prospective student-athletes, who were making their official and unofficial visits to the institution’s campus, to participate in basketball activities with current student-athletes.

Additionally, the basketball staff members occasionally observed prospective student-athletes and student-athletes participating in basketball activities from the gymnasium doors.  Further, during the 2007-08 through 2009-10 academic years, then head women’s basketball coach provided basketball instruction and advice to student-athletes participating in basketball activities.  Finally, the former head coach provided basketball instruction and advice to one prospect in 2007 and two prospective student-athletes in 2009, while they were participating in basketball activities.

Impermissible Playing and Practice Seasons in violation of NCAA Bylaws 17.02.13, 17.1.6.2-(a), 17.1.6.2.2, and 17.3.6

During the 2007-08 through 2009-10 academic years, women’s basketball student-athletes were required to participate in preseason and postseason countable athletically related activities of skill instruction, weight training and conditioning activities, and basketball activities that exceeded the weekly eight-hour limitation by at least one hour.  In addition, the coaches occasionally observed student-athletes participating in preseason and postseason basketball activities.

Impermissible Conduct and Employment of Athletics Personnel in violation NCAA Bylaw 11.1.2.1

From the spring of 2007 through August 23, 2010, the former head coach failed to promote an atmosphere for compliance with the women’s basketball program in the following ways: 1) the former head coach failed to abide by the daily and weekly practice hour limitations and provide at least one day off per week without CARA for members of the women’s basketball team; 2) the former head coach required student-athletes to participate in CARA after a competition; 3) the former head coach required student-athletes to participate in individual extra cardio workouts on their day off; 4) the former head coach required student-athletes to participate in weight training and conditioning activities and basketball activities during the summer vacation period; 5) the former head coach required student-athletes to participate in skill instruction, conditioning and various basketball activities with a third-party on campus; 6) the former head coach arranged impermissible tryout activities for prospective student-athletes on campus and observed the same; and 7) the former head coach required student-athletes to participate in preseason and postseason countable athletically related activities that exceeded the maximum eight hours per week.

Failure to Monitor in violation of NCAA Constitution 2.8.1

During the 2007-08 through 2009-10 academic years, the scope and nature of the violations set forth herein demonstrated that the athletics department failed to monitor its women’s basketball program in the following ways: 1) former women’s basketball student-athletes informed the former associate athletics director that the team practiced from 25 to 30 hours per week, not including film review, but she failed to investigate the assertions; 2) a professor informed the former associate athletics director that student-athletes complained they practiced too much, but she failed to investigate the team’s practice hours; and 3) the compliance office failed to monitor the women’s basketball practices at the Recreation IM Building despite multiple complaints that the team practiced excessively starting in 2008.

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

1.         Public reprimand and censure.

2.         Two years of probation from October 1, 2012 through September 30, 2014.

3.         A limitation to seven official visits in the sport of women’s basketball for the 2012-13 academic year.

4.         Beginning with the date of the release of the Committee’s report, during the time period outside the women’s basketball 2012-13 playing season, the team shall be limited to a maximum of four hours per week of countable athletically related activities.  During the playing season, the women’s basketball team shall not exceed three hours per day in countable athletically related activities and shall be limited to 18 hours per week. 

5.         The former head coach received a two-year show-cause penalty. 

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.