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Risk Management in Intercollegiate Athletics

2006 ACUA Mid-Year Conference



By:



Pete Carlon

Director of Athletics

UT Arlington



Kimberly Hagara

Assistant Director

UT System Audit Office

What is at Stake if Compliance

Systems Fail?

Historical Perspective and

University of Texas System Directive



1998 Action Plan to Ensure

Institutional Compliance

Compliance Initiative at

The University of Texas at Arlington





 Institutional Compliance Organizational

Structure and Plan

 Compliance Office – Executive Director for

Assurance Services

 Institutional Compliance Committee

 Quarterly Meetings

 Reporting

 Ongoing risk assessment by responsible parties

 Institutional Compliance Subcommittees

UTA Institutional Compliance Committee

Mission Statement

The University of Texas at Arlington is committed to compliance in all

areas of its operation, including undergraduate, graduate, and

professional education, research activities and operations, and in the

areas of financial, business, academic administration, student services,

campus security, environmental health and safety, intercollegiate

athletics, and other areas of The University. The University will

manage all of its affairs in a manner that will continually reflect a strong

commitment to conducting the business of The University in an ethical,

law-abiding way. This institutional commitment to compliance involves

communication, education and training in the area(s) of ethical

business guidelines for all employees of The University, including

faculty, classified staff, professional and administrative employees, and

others who may be employed by The University on either a part-time or

a full-time basis. The communication of guidelines, education and

training programs will cover federal and state laws, institutional rules

and regulations, policies and procedures covering The University’s

teaching, research, public service, business, and administrative

initiatives, and which will promote an operating environment designed

to encourage all UTA employees to engage in all institutional activities

and business integrity.

Initial Institutional Compliance

Subcommittees



• Research

• Academic Affairs

• Environmental Health and Safety

• Human Resources

• Taxes and Tax Issues

• Financial Accounting, Contracting and Purchasing, HUB

and Associated Reporting

• Student Affairs

• Intercollegiate Athletics

• Campus Security, Crime Control and Reporting Year Y2K

• Development and Fund Raising

Organizing the Intercollegiate Athletics

Compliance Committee

Composition of Initial Intercollegiate

Athletics Compliance Committee



• Chair, Director of Athletics

• Faculty Athletics Representative

• Assistant Dean, College of Education and Chair, Department of

Kinesiology

• Admissions – Transcript Evaluator – Liaison to Athletics

• Associate Athletics Director for Finance and Administration

• Registrar

• Senior Associate Athletics Director/Compliance Coordinator

• Academics and Life Skills Coordinator for Athletics

• Assistant Vice President for Management Services

• Director of Student Governance and Organization

• Assistant Director, Student Health Services

• Financial Aid – Coordinator of Scholarships

Reorganizing – Combining the

Intercollegiate Athletics Compliance

Committee and the Athletics Council



Changes in the

Handbook of Operating Procedures

NCAA Constitution 6.1.2 – Athletics

Board

Intercollegiate Athletics Compliance Committee/Athletics

Council Present Committee Composition and Membership



• Co-Chair – Faculty Athletics Representative – College of Liberal Arts

• Co-Chair – Director of Athletics

• Faculty – College of Business Administration

• Assistant Director, Student Health Services

• Admissions Counselor – International Students

• Student-Athlete – Chair, Student-Athlete Advisory Committee

• Admissions – Transcript Evaluator – Liaison to Athletics

• Student – Student Congress President

• Athletics Academics and Life Skills Coordinator

• Faculty – School of Education

• Registrar

• Student-Athlete – Southland Conference Student-Athlete Advisory Committee

• Faculty – College of Science

• Associate Athletics Director for Finance and Administration

• Associate Provost

• University Financial Reports Manager – Business and Accounting Services

• Faculty – School of Nursing

• Assistant Vice President for Management Services

• Sr. Associate Athletic Director/Compliance Coordinator

• Athletics - Senior Woman Administrator

• Director of Scholarships

• Faculty – School of Urban and Public Affairs

• Faculty – College of Liberal Arts

Performing the

Annual High Risk Assessment

(Fall Semester Each Year)

Risk Assessment Methodology



Steps 1 – 9 will be performed by the members of each subcommittee:



1. Identify and document the goals and objectives of the

subcommittee’s designated high-risk area within the context of

UT Arlington’s Mission Statement. To assistant in identifying

goals and objectives, please consider the following questions:



• What is the nature of the “business” that you (we) are in?



• Who are your (our) “customers?”



• What do those “customers” want and need?



• What does that say about what you (we) are trying to

accomplish?



• How will you (we) know if you (we) have been successful?

Risk Assessment Methodology (con’t)



2. Identify and document risks associated with the accomplishment

of the goals and objectives identified in #1, above. To assist in

identifying these risks, consider the following questions:



• What are some things that could go wrong?



• What are some things that must go right?



• What is the significance of any potential risks?



• What is the likelihood of an occurrence of such an event?



NOTE: Risks associated with accomplishment of goals and objectives

are subject to continual revision due to changing federal and

state laws, management philosophy, personnel, etc.

Risk Assessment Methodology (con’t)

3. Review the most current list of risks (“A” and “B” lists) to determine if the

risks identified in #2, above, are included on that list.



4. Once the inventory of risks has been determined and documented, even

if it is identical to the previous year’s inventory of risks, carefully assess

the probability of occurrence of each risk.



5. Assess the potential impact for each risk and ascertain whether there

has been a previous occurrence of that risk.



6. Each factor (probably of occurrence and potential impact) for each of

the identified risks will then be rated on a scale of 1 to 10; a “10”

indicates the highest level of concern; a “1” indicates lowest of

concerns. (Note newer methodology is using a high, medium, or low

rather than numerical ranking)

Risk Assessment Methodology (con’t)



7. Prioritize the identified risks from the highest to the lowest

based on the multiplied totals determined in #6, above.



8. Based on the prioritization resulting from #7, above, separate

the prioritized risks into two separate lists – “A” and “B”. The

“A” list will reflect those items of highest risk. (Each

subcommittee will be asked to determine the “break point”

between the “A” and “B” lists.)



9. The goals and objectives, and the revised “A” and “B” lists

will be submitted to the Office of Institutional Compliance.



10. The Office of Institutional Compliance will combine the

information received from each subcommittee into a

University-wide “A” and “B” list.

Risk Assessment Methodology (con’t)



11. The Executive Vice President for Academic Affairs and Provost,

the Vice President for Finance, the Vice President for

Administration and Campus Operations and the Executive

Director for Assurance Services will meet to discuss the

University-wide “A” and “B” lists.



12. The University-wide “A” and “B” list will be presented to the

members of the Institutional Compliance Executive Committee.



13. The Institutional Compliance Executive Committee (the

Committee) will meet to validate the University-wide “A” and “B”

lists.



14. Based on this information, and after consultation with the

Institutional Compliance Officer, the annual risk-based plan of

compliance activities will be completed and submitted to UT

System.

Field of Potential High Risk Items



 Student-Athlete Health Care Policies and Procedures

 Intercollegiate Athletics Travel Policies and Procedures

 NCAA Compliance and Rules Education

 Student Financial Aid and Academic Regulations and

Procedures

 Southland Conference Operating Code

 Athletic Department Certification and Annual Audit

 Employment Contracts and Conduct of Employees

 Department P & P Manual

 Crisis Management

 Student-Athlete Recruiting Regulations

 Student-Athlete Eligibility

 Student-Athlete Financial Aid

Field of Potential High Risk Items (con’t)



 Student-Athlete Extra Benefits

 Gender Equity

 Student-Athlete Welfare

 Institutional Control

 Rules Education

 Infractions – Reporting-Corrective Actions

 Summer Camps Policies and Procedures

 Facilities Safety

 Inclement Weather

 Travel Advances/Reimbursement Procedures

 Drug Testing and Education Program

 Employment Contracts per UT System’s Policies and Procedures

Intercollegiate Athletics

Risk Assessment and Implementation

Plan FY 1998-99

(Handout)

Intercollegiate Athletics

Risk Assessment for FY 2003

(Handout)

Developing Monitoring Plans for Each

Identified High Risk Area

(Handouts)

Monitoring Plan Timetable

University of Texas at Austin

(Handout)

Specialized Training Matrix

(Handout)

Specialized Training Report

(Handouts of Examples)

NCAA Division I

Athletics Certification Program

Three Major Components of the NCAA Division I

Athletics Certification Self-Study Instrument







• Governance and Commitment to Rules Compliance



• Academic Integrity



• Equity and Student Athlete Welfare

Subcommittees



I. Executive Committee



II. Governance and Commitment to Rules Compliance



III. Academic Integrity



IV. Equity and Student-Athlete Welfare

Organization and Composition of

Executive Subcommittee

Co-Chair, Director of Athletics

Co-Chair, Faculty Athletics Representative – College of Liberal Arts

Assistant Director, Student Health Services

Admissions, Transcript Evaluator – Liaison to Athletics

Faculty Member – School of Education

Faculty Member – College of Science

Faculty Member – College of Business Administration

Registrar

Assistant Athletic Director for Finance and Administration

Associate Provost

Assistant Vice President for Management Services

Sr. Associate Athletic Director/Compliance Coordinator

Athletics Senior Woman Administrator

Director of Scholarships

Executive Director for Assurance Services (Ex-Officio)

Organization and Composition of

Governance and Commitment to Rules

Compliance Subcommittee



Faculty Member – College of Business Administration

Faculty Member – School of Education

Admissions – Transcript Evaluator – Liaison to Athletics

Registrar

Sr. Associate Athletic Director/Compliance Coordinator

Director of Scholarships

Organization and Composition of

Academic Integrity Subcommittee



Student-Athlete – Chair, Student-Athlete Advisory Committee

Faculty Member – School of Education

Faculty Member – College of Science

Faculty Member – School of Nursing

Faculty Athletics Representative

Associate Provost

Sr. Associate Athletic Director/Compliance Coordinator

Organization and Composition of

Equity and Student-Athlete Welfare

Subcommittee



Director of Athletics

Athletics Senior Woman Administrator

Athletics Academics and CHAMPS/Life Skills Coordinator

Admissions Counselor – International Students

Student – Student Congress President

Student-Athlete – Southland Conference Student-Athlete

Advisory Committee

Assistant Director, Student Health Services

Assistant Vice President for Management Services

Associate Athletics Director for Finance and Administration

Duties and Responsibilities of

Executive Subcommittee



1. Act on department compliance matters between

meetings as necessary



2. Act on sensitive matters which may not be

appropriate for the full committee

Duties of Governance and Commitment to

Rules Compliance Subcommittee

I. Monitor certification of athletes,



II. Monitor coaches recruiting records,



III. Review playing and practice records,



IV. Review rules education of coaches, athletes and

boosters,



V. Receive reports of rules violations and approve plans

for preventing future violations,



VI. Review Operating Principles.

Review Operating Principles

Operating Principle 1.1



Institutional Control, Presidential Authority and

Shared Responsibilities. The Association’s

principle of institutional control vests in the

institution the responsibility for the conduct of its

athletics program, including the actions of its

staff members and representatives of its

athletics interests. In fulfilling this principle, the

institution shall demonstrate that:

Review Operating Principles

Operating Principle 1.1

1) The institution’s governing board provides oversight and

broad policy formulation for intercollegiate athletics in a

manner consistent with other units of the institution



2) The chief executive officer is assigned ultimate

responsibility and authority for the operation and

personnel of the athletics program



3) Appropriate campus constituencies have the

opportunity, under the purview of the chief executive

officer, to provide input into the formulation of policies

relating to the conduct of the athletics program and to

review periodically the implementation of such policies

Review Operating Principles

Operating Principle 1.2

Rules Compliance. Membership in the

Association places the responsibility on each

institution to assure that its staff, student-

athletes, and other individuals and groups

representing the institution’s athletics interests

comply with the applicable Association rules and

regulations. Consistent with this responsibility,

the institution shall demonstrate that:

Review Operating Principles

Operating Principle 1.2

1) It has in place a set of written policies and procedures that assign

specific responsibilities in the areas of rules compliance, including

assignment of direct accountability for rules compliance to the individual

the chief executive officer assigns overall responsibility for the athletics

program



2) In critical and sensitive areas, institutional compliance procedures

provide for the regular participation of persons outside of the athletics

department



3) Rules compliance is the subject of an ongoing educational effort



4) A clear and unambiguous commitment to rules compliance is a central

element in all personnel matters for individuals involved in the

intercollegiate athletics program



5) At least once every four years, its rules-compliance program is the

subject of evaluation by an authority outside of the athletics department

Duties of Academic Integrity Subcommittee



I. Monitor student absences due to team scheduling,



II. Monitor sports scheduling,



III. Recommend institutional and departmental policies regarding

university excused absences,



IV. Monitor athletics graduation rates by sport,



V. Monitor admission of student-athletes,



VI. Monitor grade point averages by sport,



VII. Monitor academic support services,



VIII. Review operating principles.

Review Operating Principles

Operating Principle 2.1

Academic Standards. The Association’s

fundamental principles indicate that an

intercollegiate athletics program shall be

designed and maintained as a vital

component of the institution’s educational

system, and student-athletes shall be

considered an integral part of the student

body. Consistent with this philosophy, the

institution shall demonstrate that:

Review Operating Principles

Operating Principle 2.1

1) The institution admits only student-athletes who have reasonable expectations

of obtaining academic degrees

a) If the academic profile of entering student-athletes, as a whole or for any student-athlete subgroup,

is significantly lower than that of other student-athlete or comparable student-body groups, the

contrast shall be analyzed and explained by appropriate institutional authorities

b) If the graduation rate of student-athletes, as a whole or for any student-athlete subgroup, is

significantly lower than that of other student-athlete or comparable student-body groups, this

disparity shall be analyzed, explained and addressed (through specific plans for improvement) by

appropriate institutional authorities



2) Academic standards and policies applicable to student-athletes are consistent

with those adopted by the institution for the student body in general or the

NCAA’s standards, whichever are higher



3) The responsibility for admission, certification of academic standing and

evaluation of academic performance of student-athletes is vested in the same

agencies that have authority in these matters for students generally and



4) Written policies related to scheduling are established in all sports to minimize

student-athletes’ conflicts with class time and / or final examination periods due

to participation in intercollegiate athletics, consistent with provisions of

Constitution 3.2.4.13.

Review Operating Principles

Operating Principle 2.2

Operating principle 2.2: Academic

Support. Members of the Association

have the responsibility to conduct

intercollegiate athletics programs in a

manner designed to protect and enhance

the educational welfare of student-athletes

and to assure proper emphasis on

educational objectives. Consistent with

this responsibility, the institution shall

demonstrate that:

Review Operating Principles

Operating Principle 2.2

1) Adequate academic support services are available for student-

athletes



2) Student-athletes are encouraged and assisted in reaching

attainable academic goals of their own choosing



3) When it is determined that individual student-athletes have specific

academic needs, these needs are addressed



4) The support services are approved and reviewed periodically by

academic authorities outside the department of intercollegiate

athletics



5) There is a commitment to the fair treatment of student-athletes,

particularly in their academic role as students.

Duties of Equity and Student-Athlete

Welfare Subcommittee

I. Conduct exit interviews



II. Monitor ratio of minorities in each sport



III. Review Student-Athlete Advisory Committee meeting

minutes and concerns and respond as appropriate



IV. Analyze gender and ethnic makeup of staff



V. Monitor sportsmanship and ethical conduct of

students and staff during athletic competition



VI. Review operating principles

Review Operating Principles

Operating Principle 3.1

Gender Issues. Consistent with NCAA

Constitution 2.3, it is the responsibility of

each institution to implement the

Association’s principle of gender equity. In

accordance with this fundamental

principle, the institution shall:

Review Operating Principles

Operating Principle 3.1

1) Have implemented its approved gender-equity plan from the

previous self-study. If modified or not carried out fully, the institution

shall provide an explanation from appropriate institutional authorities



2) Demonstrate that it is committed to, and has progressed toward, fair

and equitable treatment of both male and female student-athletes

and athletics department personnel



3) Formally adopt a written plan for the future for the intercollegiate

athletics program that ensures the institution maintains a program,

or continues progress toward a program, which is equitable for both

genders. The plan shall include measurable goals the institution

intends to achieve, steps the institution will take to achieve those

goals, persons responsible and timetables

Review Operating Principle

Operating Principle 3.2

Minority Issues. It is a principle of the

Association to promote respect for and

sensitivity to the dignity of every person

and to refrain from discrimination

prohibited by federal and state law.

Consistent with this fundamental

philosophy, the institution shall:

Review Operating Principles

Operating Principle 3.2

1) Have implemented its approved minority-opportunities plan from the

previous self-study. If modified or if not carried out fully, the

institution shall provide an explanation from appropriate institutional

authorities



2) Demonstrate that it is committed to, and has progressed toward, fair

and equitable treatment of all minority student-athletes and athletics

department personnel



3) Formally adopt a written plan for the future for the intercollegiate

athletics program that ensures the institution maintains a program,

or continues progress toward a program, which expands

opportunities and support for minority student-athletes and athletics

personnel. The plan shall include measurable goals the institution

intends to achieve, steps the institution will take to achieve those

goals, persons responsible and timetables

Review Operating Principles

Operating Principle 3.3

Student-Athlete Welfare. Conducting the

intercollegiate program in a manner

designed to protect and enhance the

physical and educational welfare of

student-athletes is a basic principle of the

Association. Consistent with this

fundamental principle, the institution shall:

Review Operating Principles

Operating Principle 3.3



 Provide evidence that the welfare of student-athletes

and the fairness of their treatment is monitored,

evaluated and addressed on a continuing basis



 Have established grievance or appeal procedures

available to student-athletes in appropriate areas



 Provide evidence that the institution has in place

programs that protect the health of and provide a safe

environment for each of its student-athletes

Assurance Activities



A. Subcommittee monitoring reports



B. Conference compliance reviews



C. Internal audits and inspections



D. Annual NCAA audits – New agreed upon procedures

for FY 2005 audit process



E. NCAA Division I Athletics Certification Self-Study and

Peer Review

Self-Reporting of Non-Compliance Matters



• Procedure



• Discipline/Corrective Actions

Committee Quarterly Reports for the

Executive Director of Assurance

Services / Institutional Compliance

Officer and the Institutional Compliance

Executive Committee

Quarterly Report Template

(Handout)

Quarterly Specialized

Training Report Form

(Handout)

Intercollegiate Athletics / Athletics

Council

Compliance Committee

Meeting Format

Role of the Institutional Compliance

Officer and Office

Role of the University of Texas System

Intercollegiate Athletics High Risk

Compliance Group

Implementation

Questions and Answers


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