Approved by the:
Approved by the:
Reported to the:
University Senate - December 2, 1999
Administration - April 13, 2000
Board of Regents - April 2000


RESOLUTION REGARDING THE ATHLETICS INVESTIGATION

(Approved by the Senate Consultative and Assembly Steering Committees on November 11, 1999.)

SENATE CONSULTATIVE COMMITTEE (constituted, with respect to paragraphs 1—13 as the Twin Cities Assembly Steering Committee)—

1. RECOGNIZES the contributions of hundreds of students and dozens of coaches who participate in the varsity athletic programs of the Twin Cities Campus while fulfilling their obligations as members of the University and greater communities, and CONGRATULATES them on their accomplishments and EXPRESSES APPRECIATION for their contributions to our Ursity;

2. CONDEMNS the misconduct of the few who have brought disrepute onto the athletic program and onto the University and DEPLORES the failure of those responsible for the management and oversight of those programs to exercise the necessary control to maintain the standards that the University community rightfully expects;

3. CALLS UPON the University administration to make clear the responsibility and accountability of those who, by their acts and omissions, have brought this situation upon all of us;

4. CENSURES any faculty member who may be found willingly to have participated in any acts of academic misconduct;

Academic Integrity

5. RECOGNIZES that while the integrity of each individual is essential, some structural relationships seem better able to sustain the integrity of the program than others do;

6. RECOMMENDS that the President of the University separate responsibility for operation of the athletic departments from responsibility for the academic counseling and compliance functions, as recommended by the Special Committee on Student Academic Integrity (recommendations 1-4 of the "Clayton Report" http://www1.umn.edu/usenate/reports/saicreport.html );

7. ACCEPTS the substantive recommendations of the Clayton Report as amplified by this Committee, and CALLS UPON the University administration to implement them immediately;

8. EMPHASIZES recommendation 12 of the Clayton report that coaches and other athletic department personnel be prohibited from contacting faculty or teaching assistants about the academic performance of individual students, except through the counseling office;

Governance of Athletics

9. RECOGNIZES that responsibility for the governance of athletics is shared, that the President has primary responsibility for the management and operation of the athletic programs and the faculty has primary responsibility for assuring academic integrity, the progress of students toward completion of degrees and responsibility for compliance with applicable standards;

10. RECOMMENDS, accordingly, and in order to avoid potential conflicts of interest, that the faculty role be split into two parts, with one part providing oversight of academic progress and compliance and the other part providing advice on other aspects of the athletic programs, with separate committees to perform these two different functions;

11. RECOMMENDS that the Assembly amend its by-laws in the following manner, replacing the Assembly Committee on Intercollegiate Athletics with the two committees suggested above, giving them appropriate charges;

12. REEMPHASIZES the recommendation of the Clayton Committee that the Faculty Academic Oversight Committee review the transcript of every varsity athlete every semester, not only to ensure compliance with minimum NCAA and other external rules, but also to ensure that the student is making reasonable progress toward satisfaction of degree requirements, and to take appropriate action in light of that examination;

13. RECOMMENDS that the President or his designee, in conjunction with this Committee, review the role, function, and method of selection of the Faculty Representative(s) for intercollegiate athletics;

Issues Relating to Student Discipline and Sexual Misconduct

14. REAFFIRMS the principle that students participating in varsity athletic programs are entitled to no special privilege or favor with respect to student discipline, and accordingly APPROVES the President's determination that no coach or representative of the athletic departments should seek to represent any student in any investigation or proceeding;

15. WELCOMES the report of the Review Panel on Sexual Misconduct and Domestic Abuse Investigations (the Evans Report);

16. RECOMMENDS that internal student disciplinary proceedings should ordinarily proceed expeditiously, with due regard to parallel criminal or civil proceedings;

17. ENDORSES the recommendations of the Evans Report that the members of panels hearing sexual misconduct cases be specially trained in the proper procedures and the limits upon examination and cross-examination of witnesses, that the panels in such cases be of a fixed size, and that the panels meet during normal business hours;

18. RECOMMENDS that the President or his designee, in conjunction with an appropriate Senate Committee, conduct a review of the procedures in all student behavior disciplinary procedures in light of the other recommendations contained in the Evans Report, with a view to the simplification and expedition of those procedures, while fully protecting the rights of all involved;

19. CALLS UPON the athletic departments immediately to implement the Sexual Awareness Training Program, and calls upon the Directors of the two departments to make a written report to this committee, indicating the numbers of players and coaches, on a team-by-team basis who did and did not participate in this program;

Conclusions

20. THANKS the members of the Review Panel on Sexual Misconduct and Domestic Abuse Investigations for their thorough and comprehensive report;

21. THANKS the members of the Special Senate Committee on Student Academic Integrity for their thorough and comprehensive report and awaits the completion of the more general phase of their report on academic misconduct; and

22. REQUESTS the endorsement, by the Senate and the Twin Cities Assembly, of these actions.

ADOPTED by the Senate Consultative Committee and Assembly Steering Committee

November 11, 1999

Recommendations

Report of the Special Senate Committee on Student Academic Integrity

(Part I: Athletics)

(As modified by the Senate Consultative Committee 11/11/99)

A. ORGANIZATIONAL RECOMMENDATIONS

1. Academic Counseling and Student Services for Intercollegiate Athletics should report to the office of the Provost.

2. The Vice Presidency now concerned with Student Development and Athletics in future should be concerned solely with Student Development.

3. The Athletic Directors should report to a senior central administrative officer who reports directly to the President and could be assigned ad-hoc, a person with authority, institutional support, and unquestionable integrity.

4. The Director of Compliance should report to the President or his designee.

B. OTHER RECOMMENDATIONS

5. Coaches are responsible for students’ athletic performance and their public behavior as athletes, for recruiting academically capable students for their teams, and for fostering a culture of academic progress as well as of athletic success.

6. Coaches’ contracts should include significant incentives for improving the academic performance of the students on their teams.

7. Academic Counseling and Student Services for Intercollegiate Athletics should be responsible for counseling and special tutoring, and for integrating their activities as far as possible with department and collegiate advising and instructional programs.

8. Students in athletics, like other students, are responsible for their own academic performance and personal conduct.

9. Departments and colleges should be responsible for assuming as much responsibility for students in athletics as they do for other students, but no instructor should ever regard it as part of his or her responsibility to help maintain student-athletes’ eligibility.

10. The faculty is responsible for enforcing the University's academic standards and for reporting infractions.

11. Athletic officials should be enjoined from attempting to influence anyone with responsibility for admissions to show special favor to prospective students who may participate in intercollegiate athletics. Any contact between athletics and admissions must be limited to written exchanges. (This does not preclude athletic ability from being taken into account in admissions decisions.)

12. Athletic officials are enjoined from attempting to influence others outside the athletic programs to show to students in athletics special favor that is not shown to other students. All contact about an individual student's academic performance should be through academic counselors. (This of course does not preclude normal professional or social coach-faculty interactions.)

13. Athletic officials, including coaches, should be encouraged to share in the activities of the wider University community as far as they can and wish to.

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