Division I Academic Misconduct Emily Capehart Andy Cardamone Azure Davey

Outline History/Legislative Overview. Case studies. Campus implementation. –Best practices. Resources.

History & Legislative Overview

Basis for Legislative Review 1983 last legislative update to existing national framework. Media and congressional attention. Student-athletes’ integral role in student body. Lack of clarity & consistency to existing approach.

Legislative Process Targeted review of academic misconduct legislation and regulatory structure. Core principles identified  proposed legislation developed. Academic integrity proposal sponsored. Continued membership outreach and proposal refinement. Proposal adopted. Effective, August 1, 2016.

Potentially subject to two violations. Any extra assistance could be extra benefit. Extra benefit violation could involve assistance from anyone (e.g., general student). Institutional determination only informs academic misconduct finding. May not be subject to two violations. Founded in institutional determination. No second-guessing. Limited “student-on-student” application. Provides desired clarity and consistency. Specific and limited definition of impermissible assistance. Separate/distinct analyses accounting for different core tenets academic misconduct versus treating student-athletes like general student body.. Current Adopted Academic Misconduct Violation Impermissible Academic Assistance Violation Academic Misconduct Violation Extra Benefit Violation

Institutional Policies & Procedures Current Not required. Adopted Maintain and follow policies and procedures regarding academic misconduct that are: Written; Accessible; and Apply to general student body. Content and scope determined by institution.

Academic Misconduct: Staff Involvement Current Conduct violates institution’s academic misconduct policies and either: Results in falsification of student- athlete’s academic record; or Enables student-athlete to compete. Adopted Conduct violates institution’s academic misconduct policies and either: Results in falsification of student- athlete’s academic record; Enables student-athlete to compete or receive athletics aid; or Involves an institutional staff member or booster.

Academic Misconduct: Staff Involvement Current : Conduct violates the institution’s academic misconduct policies & procedures Arrangement of Fraudulent Academic Credit or False Transcripts? Yes to either? No to both? -or- Adopted: Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record ? Yes to any?No to all? -or- Conduct violates the institution’s academic misconduct policies & procedures No NCAA Violations No NCAA 10.1(b) Violation NCAA 10.1(b) Violation Competed Based on Erroneous Declaration of Eligibility?

Institutional Staff Members Non-Student StaffStudent Employees Performs work for institution. Regardless of compensation. Includes work within the athletics department. Responsibilities include the provision of academic services to student-athletes; OR, Engages in academic misconduct or impermissible academic assistance at the direction of nonstudent staff or a booster. Institutional staff members shall not be involved in: Conduct that violates the institution’s written policies & procedures regarding academic misconduct; Falsification or alteration of the student-athlete’s academic record; Knowing submission of erroneous APP data; nor, Impermissible academic assistance. Staff Involvement

Must meet all legislated criteria: 1.Assistance/exception does not violate institution’s misconduct policies; however, 2.Assistance/exception provided is not generally available to all students; 3.Assistance/exception provided is not permitted via NCAA Bylaw 16.3; 4.Assistance/exception was substantial; 5.Institutional staff member/booster was involved; and 6.Leads to eligibility. Extra Benefit Impermissible Academic Assistance Impermissible Academic Assistance: Reduced Scope

Extra Benefit v. Impermissible Academic Assistance 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all?No to any? No NCAA Violations NCAA Impermissible Academic Assistance Violation Conduct does not violate institution’s academic misconduct policies & procedures Adop t ed : Current : Academic assistance or academic exception provided is not generally available to other students on institution’s campus on a basis unrelated to athletics ability. Yes?No? NCAA Extra Benefit Violation No NCAA Violation

Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record? Yes to any? No to all? -or- Did conduct violate the institution’s academic misconduct policies & procedures? No NCAA Violations NCAA Impermissible Academic Assistance Violation 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all? No to any? No NCAA Violations If No If Yes Adopted Framework

Case Studies

CASE STUDY NO. 1 – Student-Athlete A student-athlete cheats with other students on a final exam. Conduct violates the institution’s academic Honor Code. The professor fails the student-athlete, along with all students involved. Despite the failed course, student-athlete remains academically eligible for the subsequent term. Has an NCAA violation occurred?

CASE STUDY NO. 1 – Student-Athlete Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record? Yes to any? No to all? -or- Did conduct violate the institution’s academic misconduct policies & procedures? No NCAA Violations NCAA Impermissible Academic Assistance Violation 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all? No to any? No NCAA Violations If No If Yes

CASE STUDY NO. 2 – Student Employee During the fall, a student mentor writes a midterm paper for a basketball student-athlete. Student mentors offer academic support to any student on campus. The conduct violates the institution’s written misconduct policies. Student-athlete is failed in the course and mentor is put on academic probation. Despite the failed course, the student-athlete maintained his academic eligibility for the spring term, during which he had continued to compete. Has an NCAA violation occurred?

CASE STUDY NO. 2 – Student Employee Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record? Yes to any? No to all? -or- Did conduct violate the institution’s academic misconduct policies & procedures? No NCAA Violations NCAA Impermissible Academic Assistance Violation 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all? No to any? No NCAA Violations If No If Yes

CASE STUDY NO. 3 – Staff Member An assistant coach completes an online math course for an incoming junior college transfer. The student-athlete needed the math course to meet the 2-4 transfer requirements. Compliance learns of the incident after the start of football season and withholds the student-athlete from the remainder of the football season. At the end of the fall term, the institution determines that the assistant coach’s conduct violated its institutional misconduct policies and the coach is released. Has an NCAA violation occurred?

CASE STUDY NO. 3 – Staff Member Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record? Yes to any? No to all? -or- Did conduct violate the institution’s academic misconduct policies & procedures? No NCAA Violations NCAA Impermissible Academic Assistance Violation 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all? No to any? No NCAA Violations If No If Yes

Current: Conduct violates the institution’s academic misconduct policies & procedures Arrangement of Fraudulent Academic Credit or False Transcripts? Yes to either? No to both? -or- Adopted: Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record ? Yes to any? No to all? -or- Conduct violates the institution’s academic misconduct policies & procedures No NCAA Academic Misconduct Violation No NCAA 10.1(b) Violation NCAA 10.1(b) Violation Competed Based on Erroneous Declaration of Eligibility? CASE STUDY NO. 3 – Staff Member

Current Extra Benefit: Academic assistance or academic exception provided is not generally available to other students on institution’s campus on a basis unrelated to athletics ability. Yes? No? Extra Benefit Violation No NCAA Violation

CASE STUDY NO. 4 – Grade Change A student-athlete is ineligible due to her failure to achieve a GPA by the start of her senior year. A sympathetic professor agrees to convert the student-athlete’s grade of ‘F’ to an ‘Incomplete’ for the fall term. The professor has provided similar flexibility to other students in the past. The student-athlete’s GPA improves to a The institution’s grade change policy does not prohibit this type of decision. Has an NCAA violation occurred?

Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? NCAA Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record? Yes to any? No to all? -or- Did conduct violate the institution’s academic misconduct policies & procedures? No NCAA Violations NCAA Impermissible Academic Assistance Violation 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all? No to any? No NCAA Violations If No If Yes CASE STUDY NO. 4 – Grade Change

CASE STUDY NO. 5 – Extra Credit Student-athlete fails to turn in a final assignment, which is the majority of his grade in a course. The professor, who knows the student-athlete well, awards the student-athlete a passing grade under the assumption that the student-athlete would have passed the course he had turned in the final assignment. The professor has not awarded hypothetical credit to other students in the past. The student-athlete needs this course to maintain his eligibility. The institution’s grading policies do not address this type of conduct. Has an NCAA violation occurred?

Institutional Staff or Booster Involvement? Competed or Received Aid Based on Erroneous Declaration of Eligibility? Academic Misconduct Violation Alteration or Falsification of Transcript or Academic Record? Yes to any? No to all? -or- Did conduct violate the institution’s academic misconduct policies & procedures? No NCAA Violations NCAA Impermissible Academic Assistance Violation 1.Substantial academic assistance or exception; 2.Not generally available to institution’s students; 3.Not permissible under Bylaw 16.3; 4.Provided by current or former institutional staff or representative of athletics interests; and 5.Results in certification of eligibility. Yes to all? No to any? No NCAA Violations If No If Yes CASE STUDY NO. 5 – Extra Credit

Campus Implementation & Best Practices

 In the absence of existing institutional policies & procedures regarding academic integrity, establish written policies by August 1,  Ensure written policies & procedures are accessible to students and staff.  Establish expedited review process for student-athletes, if desirable. Campus Implementation

 Review existing institutional policies & procedures regarding academic misconduct. Does content and scope provide an appropriate and desirable framework for your campus and its academic culture? Should differences across programs and/or schools be reflected in written policies & procedures ? Campus Implementation

 Identify appropriate entities involved in operationalization of institutional misconduct policies & procedures.  Establish necessary communication protocol and intra-campus communication lines/channels.  Establish athletics department protocol regarding impact on student- athlete’s ongoing athletics eligibility.  Educate staff and external audiences (e.g., boosters) appropriately. Campus Implementation (cont’d)

The adopted legislation defers to institutions to determine the content of their institutional policies & procedures regarding academic misconduct. Possible areas to consider addressing via institutional policy & procedures include (but are not limited to): Testing procedures & protocol; Extra credit protocol; Tutoring/mentoring protocol; Waiver of course requirements protocol; Grade change control & protocol; Independent decision making authority by academic departments and/or schools; etc. Best Practices

Resources

NCAA Division I Proposal No : Questions & Answer Document: 66QuestionandAnswerDocument_ pdf 66QuestionandAnswerDocument_ pdf National Association of Academic Advisors for Athletics (N4A) Best Practices: 14/misc_non_event/N4AAcademicIntegrity.pdf

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