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| Office of the Chancellor / Public Affairs |
Friday, September 12, 2003
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Fresno Bee 9-12-03 'Dogs avoid postseason ban in 2004 |
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The NCAA infractions committee placed Fresno State's athletic department on four years' probation Wednesday and rubber-stamped penalties the university imposed earlier, concluding the three-year joint investigation that centered on the men's basketball program. Fresno State President John Welty said he was pleased the university avoided additional significant penalties, the potential result of major violations that included academic fraud, ineligible players receiving financial aid, players receiving free food and a lack of institutional control.
Welty already had imposed a postseason ban for the 2002-03 season and the reduction of three scholarships between 2004 and 2006 for the men's basketball team. "This has been a time that has been difficult," Welty said, "and one that I do not want to repeat again." Thomas Yeager, chairman of the infractions committee that rules on NCAA investigations, considered this a "very serious case" that brought Fresno State close to receiving a 2004 men's basketball postseason ban. "The committee went between a one- and two-year postseason ban," said Yeager, commissioner of the Colonial Athletic Conference. "But, considering all the evidence, we decided a one-year ban would be appropriate." Had Welty not imposed a 2003 postseason ban in March, Yeager said, the committee would have banned the team from the 2004 NCAA Tournament. That move likely would have prompted the Western Athletic Conference to move the 2004 conference tournament from Fresno State's Save Mart Center. In addition to the sanctions, Fresno State will vacate -- have erased from the record -- approximately 30 victories from 1998 through 2002, school officials said. It also will vacate the 2000 men's basketball NCAA Tournament appearance in which two ineligible players competed, remove the banner that celebrates the 2000 WAC tournament title, and return 90% of the money earned from the 2000 NCAA appearance, which Welty said was roughly $100,000. The victories will be erased from record books and subtracted from former coach Jerry Tarkanian's career victory total of 778. Tarkanian said Wednesday that he will not comment until today, after he examines the 37-page report on the case. Asked whether he has any regrets about his oversight of the program or about his hiring of Tarkanian, Welty said: "Obviously, when you look back, you wish you did a number of things differently. I think it's important to point out that, with one exception, there have been no violations identified for which he [Tarkanian] has a responsibility." Tarkanian failed to report knowledge of a possible violation in the summer of 2001 that involved a sports agency giving extra benefits to former player Tito Maddox, the report said. Fresno State argued that Tarkanian investigated the allegation thoroughly and determined he did not have credible information that suggested a violation had occurred, according to NCAA documents. Maddox later told The Bee he accepted $30,000 from a Las Vegas-based sports agency. Fresno State's four-year probation period began Dec. 4, 2002, when the university placed itself on probation, which requires the school to file annual compliance reports to the NCAA. Among the key decisions to emerge in Wednesday's report was the infractions committee's determination that Nate Cebrun was not a representative of the university's athletic interests, which would have prompted harsher penalties. Cebrun, a former middleman between registered agents and players -- or street agent -- funneled several hundred dollars to Terrance Roberson during the 1999-2000 season. The NCAA defines a representative of the university's athletic interests as someone who contributes money to the program or promotes the program, among other things. The NCAA argued that Cebrun was a representative, while Fresno State argued against it. Yeager said Cebrun did not meet the NCAA's definition. The infractions committee also ruled that former academic adviser Katie Felten was involved in the academic fraud that occurred in 2000 and cited her for unethical conduct. The NCAA had alleged that Felten conspired with a then-team statistician to write 17 pieces of course work for three players. The committee said she denied the allegations to NCAA investigators. Felten declined to comment Wednesday. The committee said in its report that it based its academic fraud findings on information that is "credible, persuasive and of the kind on which reasonable prudent persons rely in the conduct of serious affairs." Danny Tarkanian said he provided evidence for 31/2 hours during the June infractions committee hearing, and the enforcement staff "came back with nothing." "For 30 years, my father has fought the NCAA, and beat them in court for $2.5 million," said Danny Tarkanian, son and former assistant of Jerry Tarkanian. "Because of that, I feel the NCAA came to this incredibly unfair decision to get back at him and, in doing so, hurt innocent people, such as Katie." The committee's report states that the former statistician, Stephen Mintz, identified people who witnessed Mintz preparing course work for players. Mintz also produced documentation detailing deposits to his bank account that he said represented payment for papers, the report states. Welty said seven individuals have been disassociated from the athletic program during the investigation, which means the university will not accept financial contributions from them and that they are not welcome around athletes. Although he declined to name them, Welty said five were involved with academic fraud, including former student-athletes and a former employee. Welty has sent a letter to Mintz stating that he has been disassociated. Welty said an agency representative is included among the other two. The university will not pursue mail fraud charges against those involved in academic fraud, Welty said, but he did not rule out the university attempting to revoke the degree of an athlete who had term papers written for him. In early 2002, Mintz told Danny Tarkanian that Mintz had written papers for players, the report said, but Tarkanian said he did not report the conversation because he thought academic fraud already was being investigated by the NCAA and the university. But that investigation focused on alleged agent-player payments in early 2002, the report said. The NCAA did not learn that Mintz had written papers for players until a story appeared in The Bee on Feb. 9, 2003. The committee said Danny Tarkanian "failed to report" the potential violation, which was one of six points that make up the violation of lack of institutional control. The other points include the following: Former compliance director Jon Fagg failed to report that men's basketball player Travis Robinson received improper financial aid during the 1998-99 academic year, after the university became aware of this violation in June 1999. Based on questions over his SAT scores, Robinson was ineligible but practiced and competed in eight games during the 1999-2000 season. Former men's basketball players Shamario Richard and Dennis Nathan received financial aid even though they were part-time students. Also, a men's soccer player received financial aid despite being academically ineligible. Then-athletic director Al Bohl and former vice president Ben Quillian, while working as interim athletic director, failed to report that men's basketball players were eating free food from a local restaurant. Asked Wednesday about his responsibility for the violations that occurred while he was athletic director, Bohl said: "I know I was very responsible. Every day on the job I woke up trying to do the right thing to make sure things were administered properly. A lot of good people were trying to get the right things done." Bohl left Fresno State in the summer of 2001 to become athletic director at the University of Kansas. He was fired from that job in spring 2003. Thirty-four complimentary tickets to 14 men's basketball games were provided to family members of two players and to friends of another player. All tickets came from Jerry Tarkanian's allotment, but were not provided directly by him, the report said. Per NCAA rules, athletes can receive only four complimentary tickets to events. Jerry Tarkanian's failure to report the possible violation involving Maddox. Other violations included the following: The university erroneously certified Richard as eligible during the 1998-99 academic year because of improper calculation of his progress toward a degree. Richard competed while ineligible in 29 games during the 1998-99 season. The three players involved in the complimentary-ticket violation competed while ineligible during portions of the 2000-01 season, and two competed while ineligible during the entire 2001-02 season. Letters of reprimand were issued to faculty athletic representative Peter Simis, Welty said, and to an assistant coach who occasionally observed preseason pickup basketball games between 1995 and 2001, whom Welty declined to name. The committee also detailed six secondary violations in its report. Just as NCAA President Myles Brand did in March, Yeager commended Welty for taking strong and swift action in imposing a 2003 postseason ban. The ruling now ends a "long and arduous process," Welty said. "As far as things that have preceded us, the book is closed."
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