Florida Athletics Probably Won’t Face ‘Death Penalty’

Unless a major infraction is found against the University of Florida by January, there would be no automatic death penalty for the Gators’ athletic programs, a National Collegiate Athletic Assn. official said Thursday.

“First of all, it’s not guaranteed there is a case,” said David Berst, assistant executive director for enforcement.

“We have to find a major violation and process it before January of 1990,” he said, adding that it’s unlikely the NCAA could close a case in less than four months.

He refused to say whether the NCAA has even launched an official investigation.

“In this instance I’m not going to say anything because the thrust of it is the release of grand jury testimony,” Berst said.

He acknowledged that investigators are aware of testimony from Florida athletes who said they received money from members of the coaching staff.

Under legislation passed in June, 1985, programs found in violation of NCAA rules twice during a five-year span automatically qualify for the death penalty--a one- or two-year suspension of the program. The Florida football program was placed on probation in 1984.

“That’s simply the way the rule works,” Berst said.

Florida has received no notification of an NCAA investigation, according to Linda Gray, assistant vice president for university relations. However, university general counsel Pamela Bernard has talked with NCAA representatives about the athletic program, she said.

Meanwhile, a judge postponed until Oct. 26 the trial of four South Florida sports agents charged with defrauding the university, the Internal Revenue Service and the U.S. Department of Education by making secret payments to college athletes.

U.S. District Judge Maurice Paul granted a defense request for a delay during a closed hearing Wednesday. The agents had been scheduled for trial Monday on charges of racketeering, conspiracy, mail fraud, wire fraud and income-tax charges growing out of the grand jury investigation.

Defense attorneys said they needed more time to prepare for trial because of a superseding indictment issued last week that added the IRS and the Education Department to the case.

The postponement came after a motion filed Tuesday by defense attorneys revealing sworn grand jury testimony from former athletes who said they received money from Gators’ coaches, boosters and recruiters while maintaining collegiate eligibility in violation of NCAA rules.

Basketball Coach Norm Sloan and football Coach Galen Hall denied allegations that they provided cash to school athletes.

Former Florida standout Vernon Maxwell, now with the National Basketball Assn.’s San Antonio Spurs, and former linebackers Clifford Charlton and Ron Moten told a grand jury investigating alleged drug use at the school that coaches broke NCAA rules by paying them cash during their playing days.

Maxwell was quoted as saying he used some of the money to buy drugs.

“We are aware of the series of motions being filed by the counsel for the defense,” said Bill Arnsparger, Florida athletic director. “The university is studying the material and will be prepared to make the decisions that might be necessary when the facts are clearer. . . . I don’t believe in speculating.”

If Florida is found guilty of a major violation after January, the Gators could be hit with the death penalty in any subsequent appearance before the Committee on Infractions.