NCAA Update On Swimming & Diving - University of Arizona Athletics

In response to the findings and penalties released by the NCAA Committee on Infractions regarding rules violations by former coaches of the University of Arizona swimming and diving program in 2017, the University of Arizona Athletic Department has prepared the following information to give the public a clear indication of what happened in the case and to assist the prospective student-athletes and their families in making informed decisions about the program. Specifically, there should be a clear understanding that the program is under probation from January 30, 2019 through January 29, 2021.

The NCAA's report in its entirety can be accessed by clicking here.

"The university self-reported that rules violations occurred within the swimming and diving program," said Vice President and Director of Athletics Dave Heeke. "It is clear that the two former coaches did not uphold the values and expectations that the University of Arizona, President Robert Robbins and I have for all staff members. We have taken decisive steps in recent years to enhance our compliance culture, improve oversight and increase accountability."

Findings

The institution, Omar Ojeda and the enforcement staff agree that from January through September 2017, Ojeda violated the NCAA principles of ethical conduct when he provided impermissible inducements to and conducted impermissible tryouts with a prospective student-athlete from Mexico.
1. Ojeda arranged for the PSA to reside with boosters, resulting in inducements of $5,346.
2. Between January and September 2017, Ojeda conducted approximately 192 impermissible tryouts of the PSA over the course of 120 days. Specifically, the PSA impermissibly participated as a member of a local sports club coached by Ojeda.
3. Omar Ojeda admitted that he participated in recruiting violations when he provided or arranged for impermissible recruiting inducements for a women's diving prospect and conducted impermissible tryouts with her.
The institution, Rick DeMont and the enforcement staff agree that between January and July 2017, DeMont did not demonstrate that he promoted an atmosphere of compliance or monitored his staff within the men's and women's swimming and diving program.
1. DeMont knew Ojeda trained the prospective student-athlete and that they lived at the home of a representatives but failed to notify the institution and/or seek guidance from compliance regarding Ojeda's training of the PSA and their living arrangements.
2. DeMont also failed to actively look for and evaluate red flags, ask pointed questions or regularly solicit feedback to determine if monitoring systems were functioning properly related to Ojeda's activities.
The enforcement staff determined the facts did not support a failure to monitor and/or institutional control charge.
1. The institution had policies and procedures designed to detect and deter violations. These policies and procedures were communicated to the staff and the involved individuals in this matter were educated. Further, all athletics department staff members were provided rules education, including the topics of impermissible inducements and booster involvement. When the institution learned of the possible violations involving the prospective student-athlete, they investigated and ultimately self-reported.
2. The violations involved in this matter include violations of fundamental recruiting legislation. Ojeda did not alert or seek guidance from the compliance staff about the PSA's specific circumstances, including whether it was permissible for them to train with his diving club or with live with representatives of the institution's athletics interests. Further, when Ojeda asked questions of compliance, he did not provide them with specifics and necessary context that would allow them to provide full guidance.

Corrective Actions

Omar Ojeda, the former diving coach, was relieved from all coaching duties and his contract was not renewed in October 2017.
The prospective student-athlete was denied any opportunity to matriculate as a student-athlete.
Rick DeMont retired from the University prior to the 2017-18 academic year.
The swimming and diving program will not allow prospective student-athletes to utilize the University's Center for English as a Second Language (CESL) program for initial entry into the University for an indefinite period, but no less than two-years from the date of this decision.
The University made significant enhancements to its Athletics Compliance Office, including:
1. A rules education plan that includes documented required monthly meetings with coaches and staff and regular educational messaging through electronic correspondence.
2. A strengthened department-wide monitoring systems with two staff members and two externs having the majority of their responsibilities associated with monitoring.
The University provided additional education to the involved host family and further strengthened education targeted to boosters.
The current swimming and diving staff is required to attend additional rules education, beyond the University's requirement for all staff. The athletics compliance staff will continue to regularly engage in monitoring of practice activities, and further enhance its monitoring efforts and education related to the sport club activities that occur on its campus.

Penalties & Additional Actions Taken

Probation:
1. Two years of probation starting on the January 30, 2019. The probation period will end on January 29, 2021.
Financial penalty:
1. Arizona paid a $5,000 fine to the NCAA.
Scholarship reductions:
1. During the 2020-21 academic year, the University shall reduce the number of scholarships in women's swimming and diving by one from the average number awarded during the past four academic years.
Recruiting restrictions:
1. The University suspended off-campus recruiting in the swimming and diving program for a three-week period.
2. The University implemented a three-week ban on unofficial visits and complimentary admissions in the swimming and diving program.
3. For the 2018-19 academic year, the University reduced the number of official visits in the swimming and diving program by five, which represented a 10.8% reduction in visits based on the average provided over a four-year period.
Core Penalties for Level II-Standard Violations by the Head Men's and Women's Diving Coach:
1. Show-cause Order: The diving coach admitted that he participated in recruiting violations when he provided or arranged for impermissible recruiting inducements for a women's diving prospect and conducted impermissible tryouts with her. Therefore, the diving coach shall be subject to a one-year show-cause order starting at the date of the release of the infractions decision. If the diving coach seeks employment or affiliation with an athletically related position at an NCAA member institution during the one-year show-cause period, any employing institution shall be required to contact the Office of the Committees on Infractions (OCOI) to make arrangements to show cause why restrictions on athletically related activity should not apply.
Public reprimand and censure.
During the period of probation, the University shall:
1. Continue to develop and implement a comprehensive compliance and educational program on NCAA legislation to instruct coaches, the faculty athletics representative, all athletics department personnel and all institutional staff members with responsibility for NCAA recruiting and certification legislation;
2. Submit a preliminary report to the Office of the Committees on Infractions (OCOI) by [date approximately 45 days after the decision release date] setting forth a schedule for establishing this compliance and educational program;
3. File with the OCOI annual compliance reports indicating the progress made with this program by [date approximately 10 to 11 months after the decision release date] during each year of probation. Particular emphasis shall be placed on Arizona's rules education related to Bylaw 13 recruiting inducement and tryout legislation.
4. Inform swimming and diving prospects in writing that Arizona is on probation for two years and detail the violations committed. If a prospect takes an official paid visit, the information regarding violations, penalties and terms of probation must be provided in advance of the visit. Otherwise, the information must be provided before a prospect signs an NLI.
5. Publicize specific and understandable information concerning the nature of the violations by providing, at a minimum, a statement to include the types of violations and the affected sports program and a direct, conspicuous link to the public infractions decision located on the athletic department's main webpage "landing page" and in the media guides for the affected sports program. Arizona's statement must: (i) clearly describe the violations; (ii) include the length of the probationary period associated with the case; and (iii) give members of the general public a clear indication of what happened in the case to allow the public (particularly prospects and their families) to make informed, knowledgeable decisions. A statement that refers only to the probationary period with nothing more is not sufficient; and
6. Following the receipt of the final compliance report and prior to the conclusion of probation, the University's president shall provide a letter to the COI affirming that the institution's current athletics policies and practices conform to all requirements of NCAA regulations.