Riverdale, N.Y. – May 3, 2018 – In August 2015, a soon-to-be former College of Mount Saint Vincent men's soccer head coach arranged for his father to co-sign a private loan application for a DACA recruit. In 2016, Mount Saint Vincent learned of the co-signature, and Mount Saint Vincent self-reported the violation to the National Collegiate Athletic Association (NCAA). Following investigations and appeals, on May 3, 2018, the NCAA Division III Committee on Infractions released a report concluding their investigation. The NCAA found the co-signature to be a violation and concluded that the College's athletic director committed an ethical violation when he [allegedly] approved that transaction.
The NCAA penalties are as follows:
1. One year of probation from May 3, 2018, through May 2, 2019.
2. During this period of probation, CMSV shall:
a. Continue to develop and implement a comprehensive compliance and educational program on NCAA legislation to instruct coaches, the faculty athletics representative, all athletics department personnel and all institutional staff members with responsibility for ensuring compliance with NCAA legislation on recruiting, benefits and eligibility;
b. Submit a preliminary report to the Office of the Committees on Infractions (OCOI) by June 18, 2018, setting forth a schedule for establishing this compliance and educational program;
c. File with the OCOI a final compliance report indicating the progress made with this program by March 22, 2019. Particular emphasis shall be placed on rules education regarding adherence to recruiting, benefits and eligibility legislation;
d. Inform men's soccer prospects in writing that CMSV is on probation for one year and detail the violations committed. If a prospect takes an official paid visit, the information regarding violations, penalties and terms of probation must be provided in advance of the visit. Otherwise, the information must be provided before a prospect signs a National Letter of Intent; and
e. Publicize specific and understandable information concerning the nature of the infractions by providing, at a minimum, a statement to include the types of violations and the affected sport program and a direct, conspicuous link to the public infractions decision located on the athletic department's main webpage "landing page" and in the media guides for men's soccer. The institution's statement must: (i) clearly describe the infractions; (ii) include the length of the probationary period associated with the case; and (iii) give members of the general public a clear indication of what happened in the case to allow the public (particularly prospects and their families) to make informed, knowledgeable decisions. A statement that refers only to the probationary period with nothing more is not sufficient.
3. Following the receipt of the final compliance report and prior to the conclusion of probation, CMSV's president shall provide a letter to the COI affirming that CMSV's current athletics policies and practices conform to all requirements of NCAA regulations.
4. Public reprimand and censure.
5. A student-athlete competed while ineligible as a result of the violations in this case. Therefore, pursuant to Bylaw 19.5.2-(g), CMSV shall vacate all regular season and conference tournament records and participation in which the ineligible student-athlete competed from the time he became ineligible through the time he was reinstated as eligible for competition. This order of vacation includes all regular season competition and conference tournaments. Further, if the ineligible student-athlete participated in NCAA postseason competition at any time he was ineligible, CMSV's participation in the postseason shall be vacated. The individual records of the ineligible student-athlete shall also be vacated. However, the individual finishes and any awards for all eligible student-athletes shall be retained. Further, CMSV's records regarding its athletics programs, as well as the records of head coaches, shall reflect the vacated records and be recorded in all publications in which such records are reported, including, but not limited to, institutional media guides, recruiting material, electronic and digital media plus institutional, conference and NCAA archives. Any institution that may subsequently hire the affected head coach shall similarly reflect the vacated wins in his career records documented in media guides and other publications cited above. Head coaches with vacated wins on their records may not count the vacated wins toward specific honors or victory "milestones" such as 100th, 200th or 500th career victories. Any public reference to the vacated records shall be removed from the athletics department stationary, banners displayed in public areas and any other forum in which they may appear. Any trophies awarded by the NCAA in these sports shall be returned to the Association.
To aid in accurately reflecting all institutional and student-athlete vacations, statistics and records in official NCAA publications and archives, the sports information director (or other designee as assigned by the athletics director) must contact the NCAA Media Coordination and Statistics office and appropriate conference officials to identify the specific student-athletes and matches impacted by the penalties. In addition, CMSV must provide the NCAA Media Coordination and Statistics office with a written report detailing those discussions. This written report will be maintained in the permanent files of the NCAA Media Coordination and Statistics office. This written report must be delivered to the office no later than 45 days following the release of this decision. A copy of the written report shall also be delivered to the OCOI at the same time.
6. CMSV shall pay a $1,000 fine.
7. An outside audit of CMSV's athletics policies and procedures, with a particular emphasis on compliance policies and procedures, rules education and the athletic department's organizational structure. The audit shall ensure that the compliance policies and procedures comply with NCAA legislation. CMSV shall implement and abide by the reviewer's recommendations. The results of the audit and steps taken to implement and abide by the recommendations shall be included in the institution's final compliance report.
8. The athletics director shall be subject to a one-year show-cause order from May 3, 2018, to May 2, 2019. During this one-year show-cause period, the athletics director shall attend an NCAA Regional Rules Seminar. CMSV shall file a report with NCAA verifying that the director attended the Regional Rules Seminar and documenting compliance education as part of its compliance report.
Mount Saint Vincent will fully comply with all penalties and sanctions. Mount Saint Vincent also affirms its confidence in the integrity of our athletic director. Mount Saint Vincent contends that the NCAA Infractions Committee conclusions are founded on three flawed bases:
- A sequence of documented events that are at odds with the former coach's testimony.
- He-said-v.-he-said and hearsay testimony about a conversation that the College believes did not take place.
- The NCAA's interpretation of its own regulations defining "booster." Under the NCAA interpretation, any person (including the coach's father) would become a "booster" forever were he to buy a sweatshirt or hotdog from the team.
When asked for comment, Charles L. Flynn, Jr., President of the College of Mount Saint Vincent said, "Of course the College will comply with all sanctions and penalties. The NCAA has a difficult challenge. We call it the Albany of Higher Education."
About the College of Mount Saint Vincent
The College of Mount Saint Vincent offers nationally recognized liberal arts education and a select array of professional fields of study. Committed to the education of the whole person, and enriched by the unparalleled cultural, educational, and career opportunities of New York City, the College equips students with the knowledge, skills, and experiences necessary for lives of professional accomplishment, service, and leadership in the 21st century.
Media Contact
Daniel Federico
(718)-405-3413
daniel.federico@mountsaintvincent.edu
