Former UIndy swimming and diving head coach violated ethical conduct rules

A former University of Indianapolis swimming and diving head coach violated ethical conduct rules when he arranged for a student-athlete to be paid for lifeguarding work that he did not perform, according to an agreement released by the Division II Committee on Infractions. Because the student-athlete was paid for work he did not do, the payments were impermissible benefits and the student-athlete went on to compete while ineligible.

The school, former head coach and enforcement staff agreed that the violation occurred when the former head coach wanted to increase the scholarship value for a student-athlete but did not have enough scholarship funds available, so he arranged for the student-athlete to be hired as a lifeguard and compensated for approximately 20 hours of work per week without performing that work. The student-athlete, who initially expressed concern about the arrangement before being assured by the former head coach that the arrangement was permissible, subsequently submitted time sheets every two weeks, and the former head coach approved those time sheets, resulting in the student-athlete receiving nearly $2,700 in impermissible benefits. As a result of the impermissible benefits, the student-athlete competed in six dates of competition while ineligible.       

The former head coach 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.

Finally, the former head coach and enforcement staff agreed that the former head coach also violated ethical conduct rules and failed to cooperate when, after his separation from the school, he initially knowingly provided false or misleading information to the enforcement staff about his involvement in the arrangement. The former head coach subsequently acknowledged his involvement.

This case was processed through the negotiated resolution process. The process was used instead of a formal hearing or summary disposition because the university, enforcement staff and former head coach agreed on the violations and the penalties. The Division II Committee on Infractions reviewed the case to determine whether the resolution was in the best interests of the Association and whether the agreed-upon penalties were reasonable. Negotiated resolutions may not be appealed and do not set case precedent for other infractions cases.

The university and enforcement staff used ranges identified by the Division II membership-approved infractions penalty guidelines to agree upon penalties in this case, including:

• One year of probation.
• A $2,500 fine.
• A reduction in men's swimming and diving scholarships during the 2023-24 academic year by 0.04 from the school's four-year average of aid in that sport.
• A four-year show-cause order for the former head coach. During the first three years of the show-cause order, any employing member institution shall restrict the former head coach from any athletically related position. If the former head coach becomes employed during the fourth year of his show-cause order, the NCAA member school employing must:
  • Prohibit the former head coach from supervising any student-athlete employment at the school.
  • Suspend the former head coach from the first six dates of competition in the first season of his employment during that show-cause order.
• A vacation of all records in which the student-athlete competed while ineligible. The university must provide a written report containing the contests impacted to the NCAA media coordination and statistics staff within 14 days of the public release of the decision.

Members of the Committee on Infractions are drawn from the NCAA membership and members of the public. The members of the panel who reviewed this case are Jessica Chapin, director of athletics at American International; David Hansburg, director of athletics at Colorado School of Mines; John David Lackey, attorney; Richard Loosbrock, faculty athletics representative at Adams State; Melissa Reilly, associate commissioner and senior woman administrator at the East Coast Conference; Leslie Schuemann, senior woman administrator/deputy commissioner at the Great Midwest Athletic Conference; and Jason Sobolik, assistant athletics director for compliance and student services at Minnesota State University Moorhead.