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Former San Jose State baseball coach failed to promote atmosphere of compliance

Download the Sep. 2018 San Jose State Public Infractions Decision

The former San Jose State baseball coach did not promote an atmosphere of compliance when he directed and supervised student-athletes’ participation in activities that exceeded NCAA countable activity rules, according to a Division I Committee on Infractions panel.

This case was resolved through the summary disposition process, a cooperative effort where the involved parties collectively submit the case to the Committee on Infractions in written form. The NCAA enforcement staff, university and participating individuals must agree to the facts and overall level of the case to use this process instead of a formal hearing.

During a two-year period, the head coach asked student-athletes if they would like to participate in voluntary activities before and after mandatory practice. He then listed the voluntary activities on the daily practice schedules. The student-athletes believed their presence at the activities was mandatory and, at times, members of the coaching staff were present and observed the activities. Additionally, sometimes the coach allowed the required practice and skill activities to run longer than their scheduled times.

In addition to directing and supervising the activities that exceeded the NCAA’s countable activity rules, the former head coach did not monitor his program when he submitted inaccurate activity reports to the compliance office.

The panel used the Division I membership-approved infractions penalty guidelines to prescribe the following measures:

  • Two years of probation from Sept. 6, 2018, through Sept. 5, 2020.
  • A one-year show-cause order for the former head coach. During that period, any NCAA member school employing the former assistant coach must suspend him from all coaching duties for the first 10 games of the season.
  • A $5,000 fine (self-imposed by the university).
  • During the fall 2017 and January 2018 out-of-season segments, the baseball program reduced the number of weekly countable activity hours to a maximum of six hours per week, with no more than one hour of skill instruction per week (self-imposed by the university). NCAA rules allow up to eight hours per week with no more than two hours of skill instruction.
  • During the fall 2018 out-of-season segments, the baseball team will not engage in any countable activity for three weeks (self-imposed by the university). Additionally, all student-athletes must record voluntary hours of athletic activity and the compliance office must confirm the information.
  • During the spring 2018 and spring 2018 in-season segments, the program will reduce weekly countable hours to a maximum of 17 hours per week, from 20 hours allowed by NCAA rules (self-imposed by the university). Additionally, all student-athletes must record voluntary hours of athletic activity, and the compliance office must confirm the information.

Members of the Committee on Infractions are drawn from NCAA membership and members of the public. The members of the panel who reviewed this case are Norman Bay, attorney in private practice and former chairman of the Federal Energy Regulatory Commission; Carol Cartwright, president emerita of Kent State and Bowling Green; Greg Christopher, athletics director at Xavier and chair of the Division I Committee on Infractions; Joel Maturi, chief hearing officer for this panel and former athletics director at Minnesota; Joyce McConnell, provost and vice president for academic affairs at West Virginia; Eleanor Myers, associate professor of law emerita and former faculty athletics representative at Temple; and Sankar Suryanarayan, university counsel at Princeton.