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2022 J. NCAA Compliance 1 (2022)

handle is hein.journals/jncaac2022 and id is 1 raw text is: January-February 2022

Journal of

NCAA Compliance
A sports law periodical by Hackney Publications

Infractions Cases Where a Head Coach                         Jessica Kumke Named
Successfully Defeated a Head Coach                           Associate Commissioner of
Governance, Compliance
Responsibilities Violation Allegation                        and Legal Strategies

2

By Joshua Lens, J.D.*
Abstract. To increase head coaches' ac-
countability, the NCAA strengthenedits head
coach responsibilities legislation in August
2013. The NCAA Enforcement Staff has
since levied dozens ofhead coach responsibili-
ties violation allegations. The Committee on
Infractions has affirmed all but three of these
charges, concluding that head coaches did not
violate the legislation in: (1) Wichita State
University's 2015 baseball case; (2) A 2017
case involving the University of the Pacific's
baseballprogram; and(3) Baylor University's
2021 case that involved its footballprogram.

Peer Reviewed
This Article explores what college athlet-
ics constituents can learn from these three
cases. Such information is increasingly
important given both the frequency with
which the Enforcement Staff alleges viola-
tions of the legislation and the number of
pending cases involving high-profile uni-
versities, sport programs, and head coaches.
Assistant Professor of Recreation and
Sport Management at the University of
Arkansas, Fayetteville (J.D., University of
See INFRACTIONS on Page 9

Infractions Cases Where a Head Coach
Successfully Defeated a Head Coach
Responsibilities Violation Allegation

By Michael A. Ross, MS
FACTUAL BACKGROUND
Originating from a Federal Bureau of
Investigation (FBI) investigation in 2017
that gained national attention, a former
Auburn University men's basketball as-
sociate coach was arrested for accepting
$91,500 in bribes from a financial advisor
for impermissibly influencing student-
athletes and their families.
The student-athletes and their families
were provided inducements and benefits,
according to a report released by the Divi-
sion I Committee on Infractions panel
specific to this particular case.

This incident is another case and out-
come stemming from a much larger and
widespread investigation that brought light
to the darker intersection between intercol-
legiate and professional sports resulting in
significant reform within the NCAA.
The arrest of the associate head coach
in 2017 originated from a complaint that
said the coach was accepting bribes from
financial advisors in return for influencing
student-athletes and their families to retain
the advisor's professional services once they
had entered the National Basketball As-
sociation (NBA). Upon arrest, the associate
head coach would confirm these allegations

Will Kava Tabbed as Senior
Associate AD/Compliance &
Governance at Mizzou
Lake Brings Passion to
Compliance Role at Shaw
University
NCAA Punishes Division
II Bluefield State After
Finding It Failed to Monitor
Certification Process      4
Missouri State AD Says
School Will Not Appeal NCAA
Finding that It Failed to
Monitor Women's Volleyball
Program
NIL Technology Company
Introduces 'Customizable'
Platform for NCAA
Compliance Professionals   7
Overwhelmed with Cases DI
Board of Directors Pauses
Referrals to Independent
Infractions Process        7
Mercer's Failure to Monitor
Cross Country Program
Leads to Recruiting
Violations, NCAA Sanctions  E
UMass AD Expresses
Disappointment with NCAA
Journal of NCAA Compliance is a
publication of Hackney Publications.
Copyright © 2022.
-            I'

See AUBURN on Page 20

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