The NCAA Investigation at Ohio State University: Strategies to Minimize the Occurrence of Similar Allegations on Your Campus  

NCAA member institutions can use the allegations of rules-violations involving members of the Ohio State University football program to develop strategies to enhance compliance programs and to improve institutional control.

On April 21, 2011, the NCAA enforcement staff alleged, between November 2008 and May 2010, numerous football student-athletes received preferential treatment from, and sold institution-issued athletics awards, apparel and equipment to, an owner of a local tattoo parlor. [See NCAA Bylaws 12.1.2.1.6, 14.11.1, 16.1.4 and 16.11.1.6.] The staff also contended the then head football coach violated ethical-conduct legislation when he failed to report information concerning the rules-violations and permitted the student-athletes to participate in intercollegiate athletics competitions while ineligible. [NCAA Bylaw 10.1.] On May 30, 2011, the Columbus Dispatch reported a high-profile football student-athlete is the subject of a "significant" inquiry by the NCAA and Ohio State regarding the receipt of cars and other improper benefits. Furthermore, on May 30, Sports Illustrated contended the memorabilia-for-tattoos violations occurred during a period beginning in 2002 and involved at least 28 former and current football student-athletes.

We recommend member institutions develop strategies to decrease the occurrence of similar alleged rules-violations. [Note: We acknowledge it may be difficult to prevent the occurrence of all rules-violations, but the Committee on Infractions requires an institution to demonstrate it fulfilled its duty to monitor proactively compliance with NCAA legislation.] For example, we provide below some of our ideas for your consideration:

• Incorporate an explicit provision concerning the institution's expectations for compliance with NCAA Bylaws 10.1 (unethical conduct) and 11.1.2.1 (head coach monitoring provision) into head coaches' employment agreements.
• Communicate the institution's expectations for compliance with NCAA Bylaws 10.1 and 11.1.2.1 through one-on-one annual meetings with head coaches and regular workshops with all coaches.
• Provide head coaches with rules-education materials containing strategies and techniques to comply with Bylaw 11.1.2.1.
• Brief student-athletes and employees with athletically-related duties on the institution's internal investigation policy and procedure (including a person's obligation to report alleged rules-violations in a timely manner).
• Provide the president and director of athletics with a regular report (e.g., quarterly, biannually, annually) of the institution's efforts to: a) minimize compliance issues involving high-profile student-athletes; and improve the campus community's understanding of amateurism and awards and benefits legislation.
• Develop a high-profile student-athlete due-diligence program (which includes heightened monitoring of high-profiles' compliance with NCAA legislation).
• Enhance rules-education concerning amateurism and awards and benefits legislation (especially: regulations on student-athletes' receipt of free or reduced services; and rules governing institution-issued athletics awards, apparel and equipment) for student-athletes, athletics staff, local merchants and boosters.
• Implement a student-athlete vehicle registration program (and verify the accuracy and completeness of the information submitted to the program).
• Monitor social-network and other Internet sites (including, but not limited to, Facebook, MySpace, Twitter, blogs and sports media websites) to identify possible rules-compliance "hot topics" and issues.
• Create a daily Internet search/alert (e.g., Google alert) to identify possible rules-compliance issues.
• Create an anonymous hotline to receive allegations, tips, questions or other information concerning alleged rules-violations.
• Address "hot topics" concerning amateurism and awards and benefits legislation in regularly-scheduled rules-compliance audits.

Contact Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) for additional compliance-related recommendations addressing similar rules-violations as those alleged at Ohio State University.

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