July 15, 2005

Kansas Releases Self-Report To NCAA - General Issues

July 15, 2005

General Issues Report in PDF Format
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GENERAL
SELF-REPORT OF VIOLATIONS

VIOLATION

The University has had a long-standing arrangement with a local furniture rental company to provide above-standard furniture for some student-athletes residing in the Jayhawker Towers, a University dormitory.

NCAA BYLAW 16.02

16.02.3 Extra Benefit
An extra benefit is any special arrangement by an institutional employee or a representative of the institution’s athletics interests to provide a student-athlete or the student-athlete’s relative or friend a benefit not expressly authorized by NCAA legislation. Receipt of a benefit by student-athletes or their relatives or friends is not a violation of NCAA legislation if it is demonstrated that the same benefit is generally available to the institution’s students or their relatives or friends or to a particular segment of the student body (e.g., foreign students, minority students) determined on a basis unrelated to athletics ability.

OVERVIEW

In 1978, the University leased housing from a private organization that owned Jayhawker Towers. The University housed student-athletes in the Jayhawker Towers in the late 1970s and early 1980s and paid for each unit separately. The company that ran the Jayhawker Towers was the Lawrence Property Management Corporation. In approximately 1978, the Lawrence Property Management contracted with a local furniture company to maintain appropriate furnishings (bed, dressers, mirrors, tables and chairs, etc.) in the units that made up the dormitory. Those contracts were paid for by the University’s athletics department consistent with the contract between the University and the management company.

In early 1980, the University’s Endowment Association purchased Jayhawker Towers from private ownership. When the ownership changed, the University’s athletics department began to rent the furniture for each of the units used in the Jayhawker Towers. Records to this effect date back to 1981.

The furniture rentals for student-athletes have continued from that time frame to the current day. The rentals include more than what standard room furnishings include.

CONCLUSION

The University’s investigation and the assessment of the credibility of information provided revealed that an institutional violation of NCAA Bylaw 16.02 occurred with respect to providing a modest amount of additional furniture in student-athletes’ rooms at Jayhawker Towers. The University believes that this is an institutional violation that should not affect or impact the eligibility of any student-athletes who received the benefit. Specifically, it is the University’s position that since 1980, when ownership of the Jayhawker Towers was switched from private ownership to University ownership, the University mistakenly continued to furnish student-athletes’ rooms in a manner consistent with what had previously been provided from private ownership.

REVIEW OF THE EVIDENCE

Athletics department housing records reflect that when the University’s Endowment Association purchased Jayhawker Towers in approximately April 1980, student-athletes were utilizing approximately 40 of the units in the building. As a part of the Endowment Association’s agreement with the athletics department, and in consideration of NCAA regulations that allowed student-athletes to receive room, board, books, tuition and fees, the University’s athletics department paid a furniture rental company for the furniture that went into the units.

As the years passed, the practice of paying for student-athletes’ rental fee and furniture rental continued.

The University has maintained approximately 40 units, housing approximately 72 student-athletes per year since 1980.

Contract records from the 1970s and 1980s do not exist between the University’s athletics department and the furniture company; however, it appears from documentation that the furniture company was originally used as the sole provider of beds, tables, chairs and all furnishings in the units used by student-athletes. The contract for furniture was renewed every three years and was never thought to be a possible NCAA rules violation by any of the prior athletics administrators.

During this investigation, the University has learned that the standard furnishings in apartments in Jayhawker Towers do not include some of the furnishings that student-athletes receive. There are now approximately 40 rooms devoted to student-athletes (including football, men’s and women’s basketball, women’s volleyball, women’s tennis, and women’s track and field) who receive modest additional furnishings that were paid for by the athletics department.

The University’s athletics department has worked with the Jayhawker Tower and the furniture rental company to cease providing student-athletes’ rooms with more than standard furniture.

SECONDARY VIOLATIONS

There were a series of secondary violations concerning improper payment of expenses on prospective-student athlete official visits to the University.

NCAA BYLAW 19

19.02.2.1 Violation, Secondary
A secondary violation is a violation that is isolated or inadvertent in nature, provides or is intended to provide only a minimal recruiting, competitive or other advantage and does not include any significant recruiting inducement or extra benefit. Multiple secondary violations by a member institution may collectively be considered as a major violation. (Revised: 1/11/94)

OVERVIEW

During the University’s investigation, various secondary violations were discovered involving misunderstandings of the application of several NCAA rules by athletics department administrators.

CONCLUSION

The University’s investigation, and the assessment of the credibility of information provided by those questioned, revealed that violations of NCAA Bylaw 13.6.2.2 took place with respect to this issue.

REVIEW OF THE EVIDENCE

NCAA Bylaw 13.1.2.1 – Permissible Recruiters, General Rule

Kelly Miller, a former volunteer women’s soccer coach, attended two meals at off-campus establishments with the women’s soccer coaching staff during an official visit weekend on February 19-21, 1999. Miller joined the soccer staff and recruits for dinner on February 19 and lunch on February 20. The recruits were XXX, XXX, XXX, XXX and XXX. Both XXX and XXX signed National Letters of Intent with the University of Kansas.

Mike Bard, a former assistant baseball coach, recruited off campus on two separate occasions before passing the necessary recruiting test. Bard recruited on August 1-2 and August 6-12, 2000. Bard passed the recruiting test on August 15, 2000.

NCAA Bylaw 13.1.2.3(a) – Institutional Staff Members – Off-Campus Contacts

Football prospective student-athletes XXX, XXX and XXX participated in off-campus academic meetings on their official visits on December 20, 1998. XXX met with John Michel, a Speech, Language & Hearing Professor, while XXX and XXX met with Florence Boldridge, Director of Diversity Programs.

Bylaw 13.2.1 Offers and Inducements, General Regulation

An occasional home meal was provided to XXX and XXX, two football National Letter of Intent signees, at former assistant football coach Mark Farley’s house on July 16, 2000. Ten individuals attended the informal event, including XXX and XXX. The cost of the meal was $105.30 ($10.53 per person). Although XXX and XXX initially enrolled at the University, they both left the football program before they were charged for the cost of the meal.

NCAA Bylaw 13.6.2.2 – Automobile Transportation

In the spring of 2002, Joe Holladay, a former men’s basketball assistant coach, reimbursed three prospective student-athletes for automobile transportation at a mileage rate higher than was provided to institutional personnel. Holladay mistakenly used the rate of $0.31 per mile rather than the former applicable institutional rate of $0.30 per mile. Based on the rate of $0.31 per mile, prospective student-athlete XXX was reimbursed $192.82 (622 miles at $0.31 per mile), prospective student-athlete XXX was reimbursed $7.00 (22.5 miles at $0.31 per mile) and prospective student-athlete XXX was reimbursed $4.27 (13.8 miles at $0.31 per mile). XXX, XXX and XXX all signed National Letters of Intent with the University and enrolled at the institution in June 2003. All three student-athletes were invoiced for the amount that they were overpaid, and XXX, XXX and XXX made appropriate payments to charities of their choice. The institution did not take any action against Holladay because Holladay and the entire men’s basketball staff left the institution before this violation was processed for reporting.

In November 2002, assistant football coach Bill Young incorrectly reimbursed prospective student-athlete XXX in the amount of $43 for transportation expenses for an official visit to the University’s campus. XXX’s junior college coach transported XXX to the University’s campus in the coach’s car. Young assumed that XXX had driven himself to campus. The violation was discovered during an audit of XXX’s official visit expense report. XXX did not sign a National Letter of Intent with the University and was not invoiced for the erroneous payment.

A baseball staff member used an incorrect figure for roundtrip mileage to reimburse prospective student-athlete XXX for automobile transportation on his official visit to the University of Kansas on November 6-7, 1999. The baseball staff member reimbursed XXX $174.60 or $0.30 per mile for 582 miles round-trip between St. Louis, Missouri and Lawrence, Kansas. However, the baseball staff member should have calculated the mileage from XXX, Missouri, the prospect’s actual hometown. The roundtrip distance between XXX, Missouri and Lawrence, Kansas is 520 miles. Therefore, XXX should have been paid $156.00 for automobile transportation. XXX was invoiced for $18.60 and payment was received. XXX signed a National Letter of Intent with the University of Kansas and enrolled at the institution in fall of 2000.

A women’s track and field coach incorrectly reimbursed prospective student-athlete XXX on her official visit to the University on June 27-28, 2000 for automobile transportation using the incorrect dollar amount. Assistant coach Doug Clark mistakenly wrote down $159 instead of $129, so, XXX was overpaid by $30. However, XXX was entitled to receive a lunch per diem in the amount of $10 based on her departure time, so she was invoiced for $20 and payment was received.

Football prospective student-athletes XXX and XXX made official visits to the University’s campus on December 15-17, 2000, and both were reimbursed $24 for round-trip mileage (82 miles). A football staff member returned each prospective student-athlete to his respective residence; thus, each was entitled to be reimbursed for only one-way transportation to campus ($12 for 41 miles). XXX and XXX were invoiced for $12 and payments were received from both. XXX and XXX signed National Letters of Intent with the University and enrolled at the institution.

In January 2001, head men’s track and field coach Stanley Redwine used an incorrect figure for mileage to reimburse XXX for automobile transportation on his official visit to the University on January 27-29, 2001. XXX did not check his odometer before leaving for the official visit, so Redwine used Mapquest to determine the mileage. However, Redwine mistakenly used the kilometer reading instead of the mileage reading. XXX was reimbursed $110.10 or $0.30 per kilometer for 367 kilometers round trip between XXX, Missouri, and Lawrence, Kansas. XXX should have been reimbursed $35.40 or $0.30 per mile for 118 miles round-trip mileage between XXX, Missouri and Lawrence, Kansas. XXX was invoiced for $74.70 and payment was received.

NCAA Bylaw 13.6.2.2.1 – Prospect’s Friends and Relatives

In December 2002, MaryKay Schmelze, associate director of football operations, purchased round-trip airline tickets for prospective student-athlete XXX and his parents. Schmelze understood that the institution could not finance the parents’ travel to campus. Schmelze intended to hold the reservations for XXX’s parents with the travel agency with the understanding that his parents would pay for their own tickets. However, the travel agency mistakenly charged the parents’ tickets to the athletics department’s direct bill account without consulting Schmelze. It is important to note that XXX and his parents did not use the airline tickets. The charge for the unused airline tickets was refunded by the travel agency. In addition, prospective student-athlete XXX did not enroll at the University.

NCAA Bylaw 13.7.2 – Length of Official Visit

Women’s track & field prospective student-athlete XXX was provided round-trip air transportation from her home to Lawrence, Kansas for her official visit to campus on June 27-28, 2000. Following the completion of the 48-hour period, XXX visited relatives instead of returning home. The athletics department invoiced XXX for $199, the return portion of her airfare, and payment was received. XXX signed a National Letter of Intent with the University and enrolled at the University in August 2001.

Track and field prospective student-athlete XXX arrived for his official visit at the University’s campus on March 3, 2001. Due to a winter storm, XXX’s return flight on March 5, 2001, was cancelled and no flights left until the following day (March 6, 2001); therefore, the 48-hour period was exceeded and the University paid for an extra day of food and lodging. XXX did not attend the University.

NCAA Bylaw 13.7.5.1 – General Restrictions

In December 2002, the siblings of two football prospective student-athletes were provided meals during the prospects’ official visits to the University’s campus. XXX visited the University’s campus with his younger brother on December 20-22, 2002. The total value of the meals that XXX’s brother received was $46.50. XXX was invoiced $46.50 and payment was received. XXX visited the University’s campus with his brother on December 6-8, 2002. The total value of the meals that XXX’s brother received was $29.15. XXX was invoiced $29.15 and payment was received.

NCAA Bylaw 13.7.5.1.1 – Meals and Lodging While in Transit

In October 1999, former assistant women’s basketball coach Pam DeCosta purchased a meal en route for prospective student-athlete XXX’s father outside the 30-mile radius of campus during XXX’s official visit to the University on October 1-3, 1999. XXX was invoiced for the cost of the meal ($9.70) and payment was received.

In November 2000, former head baseball coach Bobby Randall purchased a meal en route for prospective student-athlete XXX’s father outside the 30-mile radius of campus during XXX’s official visit to the University on November 3-5, 2000. XXX was invoiced for the cost of the meal ($17.49) and payment was received.

NCAA Bylaw 13.7.5.5 – Official (Paid) Visit – Student Host

In January 1999, former football student-athlete XXX served as a student host for four prospective student-athletes from January 15-19, 1999 during their official visits to the University. XXX received $30 more than he should have as a student host. XXX was invoiced for the $30 and payment was received.

In June 1999, former track and field student-athlete XXX served as a student host for prospective student-athletes XXX and XXX during their official visits to the University on June 9-10, 1999. XXX received $30 for hosting XXX and an additional $20 for hosting XXX. In accordance with NCAA Bylaw 13.7.5.5(a), XXX should have received only $15 for entertaining one additional prospect since both prospects were on campus less than 24 hours. XXX was invoiced for $5 and payment was received.

On the weekend of December 10-12, 1999, former football student-athlete XXX hosted two football prospective student-athletes during their official visits to the University, including XXX, for two days and XXX for one day. XXX received $60 for hosting XXX and $30 for hosting XXX. In accordance with NCAA Bylaw 13.7.5.5(a), XXX should have received only $15 for entertaining one additional prospect. XXX was invoiced for $15 and payment was received. XXX signed a National Letter of Intent with the University.

NCAA Bylaw 13.7.6 – Entertainment on Official Visit for Spouse, Parent, or Legal Guardian of Prospect

Women’s track and field prospective student-athlete XXX’s grandfather ate breakfast with XXX, XXX’s mother and members of the track and field coaching staff during XXX’s official visit to the University on the weekend of October 2-4, 1998. XXX was invoiced for the cost of the meal ($10.86); however, no payment has been received. XXX did not attend the University. NCAA Bylaw 13.8.2.1.1 – Unofficial (Nonpaid) Visit – Meals

On March 1, 2003, the University hosted a “Junior Day” for area high school juniors interested in playing for KU. As part of this event, high school student-athletes and their parents were invited to campus for an unofficial visit. In conjunction with the event, the prospective student-athletes and their parents were provided a complimentary home basketball game ticket and invited to a luncheon. MaryKay Schmelze, associate director of football operations, arranged for this luncheon to be catered by the same group that prepares training table meals for the athletics department. Because the event was catered by the same group and was similar to a training table meal, Schmelze mistakenly believed that she could charge the attendees the training table lunch rate of $5.50; however, the prospects and their parents should have been charged the actual cost of the meal, which was $19.50 per person. The prospects were invoiced an additional $14.00 per person and payments were received from all of the prospects who eventually enrolled at the University.

Women’s tennis prospective student-athlete XXX and her father were dinner guests at former tennis coach Jenny Garrity’s house during XXX’s unofficial visit to the University on September 17-18, 1999. The cost of the meals was $38.38. XXX and her father were invoiced for the cost of the meals; however, no payment has been received. XXX did not attend the University.

NCAA Bylaw 13.9.1 – Entertainment of High School Coaches

In the spring of 1999, head women’s soccer coach Mark Francis spent funds to entertain coaches of prospects on three different occasions on a recruiting trip from February 26 through March 2, 1999. On February 26, Francis spent $12.53 on a meal with Billy McKenna, a recruiting contact in Toronto, Canada. Francis also spent $20 on a meal with Billy McKenna, Malcolm Corfield, and Derek Milne. Corfield and Milne are representatives of the Burlington Soccer Club and St. Catherines Jets, respectively. On February 27, Francis spent $7.32 on a meal with McKenna.

On December 19, 1997, head women’s rowing coach Rob Catloth spent funds to entertain a high school coach while he was on a recruiting trip in Atlantic City, New Jersey. Catloth spent $43.26 on a meal with Joe Haney, a high school coach, and John Bancheri, a friend of Catloth.

NCAA Bylaw 16.02.2 – Excessive Expense

Women’s track and field prospective student-athlete XXX ordered a pay-per-view movie at her hotel room on her official visit to the University on the weekend on April 11-12, 1999. The athletics department then paid for the movie. XXX was invoiced for the cost of the movie; however, no payment has been received. XXX did not attend the University.

NCAA Bylaw 16.5.2 – Housing and Meals – Permissible

In the fall of 2002, XXX and XXX, two recruited walk-on student-athletes, received the benefit of four training table meals prior to the start of the 2002-03 men’s basketball season. XXX and XXX received the training table meals on August 30, September 6, September 27 and October 4, 2002. The total cost of the four meals that XXX and XXX received was $26. XXX and XXX were invoiced for the cost of the meals and each student-athlete made payments to charities of their choice.

NCAA Bylaw 17.12.8.1.2.1 – Involvement of Coaching Staff Member (Golf)

On June 2, 2003, XXX, a golf student-athlete with eligibility remaining, competed in a USGA Sectional Qualifying Tournament at Milburn Country Club in Overland Park, Kansas. XXX asked KU assistant men’s golf coach Roy Edwards to serve as his caddy for the event. Edwards agreed to caddy for XXX without consulting the compliance department. Edwards later learned that his involvement in the competition was a violation and he promptly reported the violation to the compliance department. Edwards was issued a letter of admonishment.