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Infractions and Scandals


Increasingly the focus on college athletics has involved the growing number of scandals involving players and coaches. This is one area that proves that secular schools have placed their identities with athletics because of how many scandals and the lack of oversight in preventing them. In short, many of the secular schools are willing to look the other way when wrongdoing is going on so long as the athletic programs are successful. Looking at the chart above the secular schools selected to be studied have been involved in several levels of scandal and infractions. The two FBS schools that are religious-affiliated have each been involved in two infractions, but looking at the chart above it does not compare. Table 8 does not include any infraction that is currently being investigated because at this time the NCAA has not completed its investigation.

Table : FBS Secular Schools NCAA Major Infractions 1999-201166

Date of Infraction

Institution & Sports Involved

Violation Summary

Penalty Summary

June 10, 2010

USC

Men’s Basketball

Football

Women’s Tennis



Amateurism; failure to report; unethical conduct; impermissible benefits; coaching staff limitations; recruiting contacts by a booster; extra benefits; lack of institutional control

Public reprimand, and censure; four year probation; two year postseason ban in football; vacation of all records in which ineligible football student-athletes completed; vacation of all records in which an ineligible women’s tennis student-athlete competed; limited initial grants-in-aid in football to 75 total for 2011-12, 2012-13, and 2013-14; limited grants-in-aid in men’s basketball to 12 in 2009-10 and 2010-11; financial penalty of $206,020

March 10, 2006

Ohio St

Men’s Basketball

Football

Women’s Basketball



Violations of NCAA legislation in the men's basketball program involving recruiting, extra benefits, academic fraud, unethical conduct and failure to monitor.

Public reprimand and censure; three years of probation; expense paid visits in men's basketball reduced one from the average over the last four years; reimbursement to the NCAA an amount equal to 90 percent of revenue resulting from the Big Ten Conference distribution for the years 1999-2002, championships; vacation of team and individual records (to include the former head coach) for the 1999-2002 tournaments; show cause imposed on the former head coach for a period of two years; recruiting ban imposed on the former assistant coach until October 1, 2007

February 27, 2003

Miami

Baseball


Impermissible recruiting activity; impermissible activities associated w/ sports club; impermissible financial aid; violation of honesty standards; representatives and a failure to monitor.

Public reprimand and censure; two years of probation; reduction of baseball equivalencies for a total of 4.66 over a three-year period beginning 2003-04 and concluding with the 2005-06; annual compliance reports.

November 6, 2002

U-Texas

Baseball


Violation of honesty standards; bona fide outside employment; a failure to monitor.

Public reprimand and censure; two years of probation; reduction in the number of equivalency grants in baseball by one 2003-04; the number of assistant baseball coaches permitted to recruit off campus at any one time limited to one until July 31, 2003;

August 23, 2001

USC

Football

Women’s Swimming

Unethical conduct; lack of institutional control; failure to comply with other NCAA and Conference Legislation

Public reprimand and censure; two-years probation; scholarship in football reduced by two during 2002-03, limiting the institution to 83 total grants-in-aid for that academic year; the number of scholarships in women's swimming reduced by 0.5 during 2002-03;

Miami is one secular university that has a history of championship play but also controversy including a recent investigation into booster fraud involving the football and men’s basketball teams from 2002 to 2010. In August 2011, writer Charles Robinson broke the story that booster Nevin Shapiro, who pled guilty in April 2010 of securities fraud and money laundering, had spent a considerable amount of money from 2002 to 2010 to support the men’s basketball and football teams through violations of NCAA rules and that administrators and coaches knew about the rule violations. Using the funds from his ponzi scheme Shapiro alleges that he gave an estimated two million dollars in prohibited benefits to at least seventy-two current or former Miami players and coaches.67 These allegations violate many NCAA rules. What makes these violations so problematic is that this is not the first time the school has been involved in a pay-for-play scandal. The Miami Herald reported in 1994 that from 1986 through 1992 a booster named Luther Campbell created a “pay-for-play” system which is against NCAA rules of amateur status for players and that the coaches knew what was happening.68 Also in 1994 former Miami academic advisor Tony Russell pled guilty to helping more than 90 scholarship athletes in falsifying Pell Grant applications. At the time Miami was also failed to implement drug testing. December 1995 the NCAA announced that due to the many infractions by the athletic department Miami football would have a one-year ban from postseason play and have a 31-scholarship reduction from 1996 to 1999.69 It is not yet known what punishments the Miami program will face with the latest allegation but it could include what is known in college sports as the “Death Penalty.” The “Death Penalty” when the NCAA shuts down an university’s sports team or program and is considered the harshest punishment that can be issued by the NCAA.

USC has also dealt with a scandal involving a football player, Reggie Bush, and a men’s basketball player O.J. Mayo. Both were guilty of receiving improper benefits while enrolled in the school. Mayo was accused of accepting benefits in cash and gifts from a representative from a sports agency.70 Bush was found to have received hundreds of thousands of dollars in gifts from agents.71 The allegations came to light after Bush left for the NFL but the USC football program was penalized including losing 30 football scholarships over three years, banishment from post season play for two years and vacating 14 victories from the 2004-2005 season. The men’s basketball program was forced to vacate all its wins from the 2007-2008 season, and was withdrawn from consideration to participate in postseason tournaments for the 2009-2010 season.72

Ohio State is currently dealing with the fallout of the merchandise scandal under Tressel’s watch but it is not the only controversy at the school. Men’s basketball coach Jim O’Brien led the team to a Big-Ten Conference Championship and four consecutive NCAA tournament appearances from 1998-2003. Then in 2003 the athletic director Andy Geiger fired O’Brien over alleged violations stemming from a player committing academic fraud and receiving improper benefits. The NCAA ruled that the team would be on three years’ probation and had to pay back all money won from tournaments from 1999-2002.

What all of these scandals and issue have in common is that they would not have been as serious infractions if someone from the athletic or school organization had reported the violations immediately. In the instance of the current Miami situation, many high ranking university officials were involved with knowing Shapiro and willingly taking his donations for the university. While the officials may not have known about the ponzi scheme, they have not returned any of the money received as a result of Shapiro’s victims. Also, it was reported that many people, including coaches, knew about Shapiro’s friendships with Miami athletes. This is a clear violation of NCAA booster rules which state that no player shall receive any type of unauthorized extra benefits from any representative of the university. Shapiro was a representative of the university when he became a donor. The Ohio State merchandise scandal also shows what happens when people know or have an idea of what is going on and yet for the “good of the team” ignore or try to hide the wrong doing. Only five players were involved in the activities of selling and trading merchandise. Had Tressel immediately let university and NCAA authorities know about the situation Tressel would likely still be the head coach and Ohio State would not be facing more NCAA major infraction rulings.

The key is that the athletics at these universities have become too large to fail. Ohio State’s athletic programs brought in almost nineteen million dollars in revenue and countless donations from boosters. It is the same at all the schools, including the religious-affiliated. Yet when looking for NCAA major infraction cases in the same time period as the secular schools BYU and Notre Dame only had two infractions between them (Table 8). The more serious of the two happened in 1999. The University of Notre Dame was put on a two-year probation and lost two football scholarships after football team members were found guilty of receiving extra benefits by a booster named Kim Dunbar.73 The extra benefit was the team members received basketball tickets. Since that infraction, Notre Dame has been a pillar within the NCAA, admired and respected for keeping its program clear of scandal.

Table : Religious-Affiliated FBS Schools NCAA Major Infractions 1999-201174

Date of Infraction

Institution & Sports Involved

Violation Summary

Penalty Summary

March 11, 2008

BYU

Men’s Volleyball



Violations of NCAA legislation in the men's volleyball program regarding impermissible transportation, housing, meals, loans and employment; extra benefits and failure to monitor.

Violations of NCAA legislation in the men's volleyball program regarding impermissible transportation, housing, meals, loans and employment; extra benefits and failure to monitor.

December 17, 1999

Notre Dame

Football

Extra Benefits provided to football student-athletes in the form of gifts and trips by a representative of the institution’s athletics interests; an university employee provided extra benefits to student-athletes; a student-athlete paid a university employee to prepare an academic paper.

Public reprimand and censure; two years of probation; financial aid awards in football reduced by one during each academic year of 2000-01 and 2001-02; annual reports regarding compliance.

To balance the discussion the Division III schools were also examined for infractions and from the years 1954 to 2011 none of the selected schools in the subject group have been found guilty of NCAA infractions75. This is not surprising given that Division III schools do not offer athletic scholarships and typically do not make much revenue from athletics. In short there is no payoff for breaking the rules.


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