Text of the Report by NCAA Committee on Infractions

The text of the report by the NCAA Committee on Infractions concerning the Kentucky basketball program:

The terms of the probation are:

--Kentucky’s basketball team is barred from postseason tournament play for the 1989-90 and 1990-91 seasons, and may not begin those seasons against outside competition before the fourth Friday in November;

--Kentucky’s basketball team may not appear on any live telecast during the 1989-90 season;

--In the 1989-90 academic year, Kentucky may award only two initial institutional financial aid awards in men’s basketball other than the one grant already committed. No additional grants may be awarded on the basis that members of the men’s basketball team do not return to the university as a result of the postseason sanctions imposed on the school;

--In the 1990-91 academic year, three initial grants-in-aid may be awarded on the same basis as those permitted in 1989-90;

--Because an academically ineligible student-athlete represented Kentucky in the 1988 NCAA Division I men’s basketball championship, the Committee on Infractions will recommend to the NCAA Executive Committee that it require Kentucky to return the university’s full share of receipts from that championship (after distribution to the Southeastern Conference office and other conference institutions);

--The committee accepts and adopts Kentucky’s disciplinary action to disassociate a representative of the university’s athletics interests from the school’s intercollegiate athletics program.

The committee noted that although it considered the case major, mitigating factors led it to suspend other penalties it was considering against Kentucky. These mitigating factors include:

--Kentucky’s extensive internal investigation (mandated by the university’s president) of the men’s basketball program and its full cooperation with the NCAA investigation;

--The university’s appointment of a new athletic director, who, together with the president, has begun to design and implement a meaningful program for establishing institutional control of the men’s basketball program;

--The resignation of the former men’s basketball staff, which made certain elements of legislatively prescribed minimum penalties inappropriate;

--The university’s disassociation from its athletics program the representative of its athletics interests involved in several violations;

--The university’s placing of Wildcat Lodge, which formerly was under the control of the Kentucky Athletics Assn., directly under the control of the university’s housing office.

When an academically ineligible student-athlete is found to have represented an institution in an NCAA championship, the NCAA Executive Committee may require the institution to return up to 90% of its share of the net receipts from that event, an amount that would not be reduced to reflect conference sharing plans. As a result of the mitigating factors listed above, the Committee on Infractions will recommend to the Executive Committee that the Executive Committee require Kentucky to return only that portion listed above. The Committee on Infractions, in further consideration of the above mitigating circumstances, suspended the following penalties:

--A prohibition of any expense-paid visits to the institution for prospective basketball student-athletes during the 1989-90 academic year;

--A second year of live television sanctions;

--A stipulation that only two men’s basketball coaches may recruit off campus during the 1989-90 academic year.

The committee determined that several major violations occurred. Among the most serious, it said, were:

--A former assistant coach sent cash to the father of a prospective student-athlete;

--A student-athlete committed academic fraud by cheating on an ACT test;

--The student-athlete competed in regular-season and postseason competition even though he knew and Kentucky should have known that he was ineligible for intercollegiate competition due to his improper test score;

--A former assistant coach demonstrated a knowing and willful effort to violate NCAA regulations; further, he provided false and misleading information to Kentucky, the NCAA staff and the Committee on Infractions concerning his involvement in and knowledge of the violation of those regulations.

The committee noted the seriousness of these and other violations, and found that the violations would justify a curtailment, in whole or in part, of Kentucky’s 1989-90 regular-season basketball schedule. The committee, however, indicated that the case also was evaluated in light of the university’s actions to bring itself into compliance.

While breakdowns occurred in the institution’s control over the program, the committee said in its report, the university’s president acted forcefully to uncover all relevant information in the case and to set a proper direction for the future of Kentucky’s athletics program. The committee credited these actions, and so the penalties, although severe, do not include any limitation on regular-season competition.

Kentucky’s probation begins the date its 15-day appeal period expires or the date Kentucky notifies the NCAA executive director that it will not appeal, whichever is earlier. In the event Kentucky appeals the sanctions, the probation would begin the date the NCAA Council subcommittee of Division I members rules on the appeal.