A former Husson swimming and diving head coach violated ethical conduct rules when he arranged for a student-athlete to be paid for work not performed as a student assistant with the swimming and diving program, according to a decision released by the Division III Committee on Infractions. Because of his direct involvement in the violations, the former head coach violated head coach responsibility rules.
The school and enforcement staff agreed that the violation occurred when the former head coach encouraged a student-athlete to apply for a position as a student assistant coach while that student-athlete was recovering from shoulder surgery. During the course of that employment, the student-athlete performed menial tasks or waited for assignments from the head coach, who was his supervisor. Less than a month into his employment, the student-athlete began engaging in physical therapy in the pool while clocked in for his job. Despite his awareness that the student-athlete was not engaged in work-related activities, the head coach knowingly approved his timecards throughout the fall semester. As a result, the head coach approved 103 hours of work not performed, resulting in an impermissible benefit of $1,385.
The school and enforcement staff also agreed that the former head coach violated ethical conduct rules when he knowingly arranged for the student-athlete to be paid for work he had not done. Furthermore, the former head coach violated head coach responsibility rules due to his personal involvement in the violations.
As a result of serious health issues and related treatments, the former head coach declined to participate in the NCAA investigation after his separation from the school, and the committee agreed with the enforcement staff's decision to not allege unethical conduct or failure to cooperate violations for that lack of participation. Additionally, though his violations were serious, the committee declined to prescribe penalties for the head coach in this case due to unique and extraordinary circumstances related to his deteriorating health.
This case was processed through the cooperative summary disposition process, in which parties agree to the primary facts and violations in a case. The Division III Committee on Infractions reviewed the case and prescribed the following penalties, which were accepted by the school:
- One year of probation.
- A $1,250 fine.
Members of the Committee on Infractions are drawn from the NCAA membership and members of the public. The members of the COI who reviewed this case are Kenneth Elmore, president of Dean College; Donna Ledwin, commissioner of the Allegheny Mountain Collegiate Conference and chair of the committee; Tom Simmons, director of athletics at Ohio Northern; and Angela Givens Williams, chief of the civil division in the U.S. attorney's office for the Southern District of Mississippi.
