On January 31, 2019, the NCAA Committee on Infractions (“COI”) released an Infractions Decision outlining unethical conduct (NCAA Bylaw 10.1), honesty and sportsmanship (NCAA Bylaw 10.01.1) and academic extra benefit (NCAA Bylaw 16.11.2.1) violations committed by a former part-time tutor at Mizzou in 2015-16. Upon learning of the issue in November, 2016, the University took immediate action by self-reporting the violations and partnering with the NCAA Enforcement staff in a joint investigation, and was cited for “exemplary cooperation” by the NCAA Enforcement Staff and COI. Students who received impermissible academic assistance from the tutor were declared ineligible and withheld from competition, per NCAA rules. The NCAA Enforcement Staff and the University of Missouri identified 12 former student-athletes who received impermissible academic assistance. Nine former student-athletes competed while ineligible; seven in football, one in baseball, and one in softball. The COI confirmed these facts.
Penalties levied against the University of Missouri by the COI include:
- A 2018-19 academic year postseason ban for the baseball and softball programs;
- A 2019-20 academic year postseason ban for the football program;
- A 5% reduction in the amount of scholarships in the football, baseball and softball programs during the 2019-20 academic year;
- Recruiting restrictions for the football, baseball and softball programs during the 2019-20 academic year, including: A seven-week ban on unofficial visits, a 12.5% reduction in official visits, a seven-week ban on contacting all recruits, a seven-week ban on all off-campus recruiting contacts and evaluations, and a 12.5% reduction in off-campus recruiting opportunities;
- A 10-year show-cause order for the former tutor;
- A disassociation of the former tutor (self-imposed);
- Three years of NCAA probation;
- A vacation of records in which football, baseball and softball student-athletes competed while ineligible;
- In accordance with NCAA Bylaw 14.7.2-(c), the COI recommends that the Committee for Legislative Relief waive the one-year residency requirement for student-athletes whose institution was placed on probation which included a postseason ban penalty;
- A fine of $5,000 plus 1 percent of each of the football, baseball and softball budgets.
You can find the NCAA press release on the decision HERE, and the COI’s full decision HERE.
The COI Process
Q. What was the timeline of events in this case?
A. The COI public report outlines the case history in Appendix III. For those interested, you can find more information HERE.
Q. What is “exemplary cooperation”?
A. Exemplary Cooperation is a mitigating factor the COI may consider when adjudicating cases. When an institution goes above and beyond what is required of them by rule, the Committee can use this to determine the severity of the violations.
Q. What are aggravating and mitigating factors?
A. Aggravating and mitigating factors are a set of circumstances that may justify a higher or lower classification of penalties for violations, which in turn determines the applicable range of possible penalties imposed by the COI.
Q. What aggravating and mitigating factors were included in our case?
A. The University, NCAA Enforcement Staff, and the COI agreed there were four mitigating and two aggravating factors in this case.
Mitigating Factors for Missouri
19.9.4-(b) Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective measures and/or penalties;
19.9.4-(c) Affirmative steps to expedite final resolution of the matter;
19.9.4-(d) An established history of self-reporting Level III or secondary violations; and
19.9.4-(f) Exemplary cooperation.
Aggravating Factors for Missouri
19.9.3-(b) A history of Level I, Level II or major violations by the institution; and
19.9.3-(i) One or more violations caused significant eligibility or substantial harm to a student-athlete.
Q. Where can I find more detailed information about the timeline and case history of this case?
A. The COI public report outlines the case history in Appendix III. For those interested, you can find more information HERE.
The Penalties
Q. What is the “Penalty Matrix”?
A. The Penalty Guidelines found in Figure 19-1 of the NCAA Division I Manual are the guiding documents the COI uses to determine penalties. This is sometimes referred to as the penalty matrix. You can see the penalty guidelines here.
Q. Is the COI required to issue any or all penalties within the appropriate matrix?
A. No. The COI determines which penalties within the penalty matrix to issue.
Q. Can the COI issue penalties different than what is prescribed by the penalty matrix?
A. Yes. NCAA Bylaw 19.9.6 states “If extenuating circumstances are found, the hearing panel may depart from the core penalties in Figure 19-1, provided the panel explains, in its decision, the basis for its prescription of core penalties different than those set forth in Figure 19-1.”
Q. Was NCAA Bylaw 19.9.6 used in this case?
A. No.
Q. What is the penalty for the former tutor?
A. The former tutor has been disassociated by the University of Missouri and given a 10-year show cause order. The disassociation includes:
- Refraining from accepting any assistance from the tutor that would aid in the recruitment of prospective student-athletes or the support of enrolled student-athletes;
- Refusing financial assistance or contributions to Missouri's athletics program from the tutor or her business interests;
- Ensuring that no athletics benefit or privilege is provided to the tutor, either directly or indirectly or her business interests; and
- Implementing other actions that Missouri determines to be within its authority to eliminate the involvement of the tutor in the institution's athletics program.
The 10-year show cause order requires any NCAA school wishing to employ the former tutor to “show cause” as to how it will monitor the person and comply with other restrictions.
Q. When do the penalties take effect?
A. Penalties levied by the COI apply immediately upon the release of the public report.
The Appeals Process
Q. Does the University of Missouri have the opportunity to appeal?
A. Yes. The University will file an appeal with the NCAA Division I Infractions Appeals Committee.
Q. What is the appeals process and timeline?
A. Once the COI decision is released publicly, the University has 15 calendar days to file a notice of intent to appeal. Once the Infractions Appeals Committee confirms the receipt of the notice of intent to appeal, the University has 30 days to provide an initial submission to the committee. This process is outlined in NCAA Bylaw 19.10. Following written submission, an appeal hearing can be scheduled. It is estimated the entire appeals process will take six months or longer to complete.
Q. Are penalties enforced during the appeal?
A. No, once the notice of intent to appeal is filed, the penalties are stayed (i.e., put on hold). Once the decision of the NCAA Division I Infractions Appeals Committee is publically released, any remaining penalties go into immediate effect.
Q. Can our teams compete in their respective upcoming postseasons once we file the appeal, assuming the appeal is still ongoing at the time of the postseason event?
A. Yes. During the appeal, all penalties are stayed until the conclusion of the appeal.
Q. If we disagree with the findings of the Infractions Appeals Committee, is there another appeal opportunity?
A. No. The decision of the Infractions Appeals Committee is not subject to further review.
Q. Does an institution have to appeal the entire COI decision?
A. No. An institution can appeal all or parts of the decision.
Q. What do we have to do to win the appeal regarding a penalty?
A. The institution must show that the COI panel abused its discretion in issuing a penalty.
Q. What can fans, parents, and families do to support the players, coaching staff and the appeal process?
A. Join the Tiger Scholarship Fund, purchase season tickets in all sports and show your support for Mizzou athletics on social media and with your friends as we fight these unjust penalties.
Transfers
As a result of the COI’s decision, baseball, softball and football student-athletes with only one season of eligibility remaining are able to be contacted by other schools about the possibility of transferring to that school without having to sit out of competition for a year (i.e., a year-in-residence), which is the normal requirement for transfers from one four-year school to another.
Q. If the penalties are stayed during an appeal, may other institutions continue to contact our student-athletes who are eligible to be contacted about the possibility of transferring without have to serve a year-in-residence?
A. While an appeal does stay all penalties, the Infraction Appeals Committee Policies and Procedures guide states that while a postseason ban is being appealed, student-athletes eligible to be contacted by other schools may be contacted.
Q. Are there any rules or restrictions regarding how or when other schools may contact our student-athletes who are eligible to be contacted?
A. Yes. NCAA rules require any school wishing to contact a student-athlete in this situation to notify Missouri before contacting the student-athlete. Missouri has imposed the following reasonable restrictions other schools must follow when contacting current student-athletes eligible to be contacted: student-athletes may not be contacted during any football-related activities (including practice, lifting, walkthroughs, film, rehab or training room, etc.) or any academic related times (class, study hall, etc.). Additionally, any other school wishing to contact a student-athlete eligible to be contacted must abide by all NCAA recruiting calendar restrictions for the applicable sport.