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Staff Newsletter July-August 2004


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									Volume 1, Issue 1
July 2004                                    Compliance
                             CLEVELAND STATE UNIVERSITY
                             COMPLIANCE DEPARTMENT

                             Message from Kevin Klotz
                             Welcome to the first edition of Cleveland State       Reid yet, please stop by and say ‘hello’.
                             University’s Compliance Newsletter. As I prepare
                             to begin my third year as CSU’s Compliance Coor-      Beginning August 1st, Sara Sikorski will be joining
                             dinator, this will be one of several enhancements     CSU as our full-time Compliance Intern. Sara is a
                             to the Compliance Office’s mission. This newslet-     recent graduate of Bowling Green State University
                             ter will be published at least once a month           where she was a four year letter winner as a
                             (perhaps bi-weekly if warranted). It is intended to   member of the volleyball team. Sara also spent
                             serve as a supplement to our monthly compliance       time working with Sid Sink in BGSU’s Compliance
                             meetings by keeping you informed of relevant          Office and was a member of SAAC. Sara will be
                             information in a timely manner.                       instrumental in helping me execute a number of
                                                                                   projects that will enhance the way the Compli-
                             You’ll also see some new faces around the Com-        ance Office serves you and your student-athletes.
                             pliance Office this year. Reid Guarnieri will be
                             assisting me this summer. Reid is preparing to        My goal is to make CSU’s Compliance Office a
                             enter his second year at the Cleveland-Marshall       model for the rest of the league. With your help, I
                             College of Law here at CSU. Reid has already          believe that it is an attainable goal. I look forward
                             made a huge impact in the short time he has           to taking that next step this year.
                             been here. If you haven’t had a chance to meet

                             Ohio State Dismisses Jim O’Brien Amid Recruiting Scandal
                             From an article by JAMES DREW
                             The Toledo Blade (6/20/04)

                             COLUMBUS - A 47-year-old nanny who has sent
                             shock waves through one of Ohio's most powerful
 Inside this issue:          institutions - the Ohio State University athletic
                             department - said it all began fairly innocuously,
                             with a simple telephone call. On the other end of
 MESSAGE FROM KEVIN      1   the line, Kathleen Salyers contends, was Dan
 KLOTZ                       Roslovic, a Columbus-area businessman whom
                                                                                   Former Ohio State head basketball coach Jim O’Brien admitted
                             she knew after working for him and his wife, Kim,
                                                                                   “loaning” money to former recruit Aleksandar Radojevic.
 O’BRIEN DISMISSAL       1   as a housekeeper and nanny. Roslovic was call-
                             ing, according to Salyers, to ask her to house and
                             care for an Ohio State basketball recruit, Slobo-     O'Brien his job and his reputation and could lead
 OREGON ON PROBATION     2   dan "Boban" Savovic. That phone call set in mo-       to repercussions for Ohio State and at least one
                             tion a series of charges and countercharges, law-     other coach as well.
                             suits and countersuits that led to the downfall of
 EXEMPTED AWARDS         3   OSU head basketball coach Jim O'Brien.                Savovic came to the United States from Yugosla-
                                                                                   via in 1997 to play basketball at a Newark high
                             O'Brien was caught in the backwash of a lawsuit       school. Paul Biancardi, an OSU assistant coach,
 RECENT NCAA INTERPS     4   filed by Salyers against the Roslovics, whom she      recruited Savovic, who accepted a scholarship to
                             alleged reneged on a deal to pay her to care for      play for the Buckeyes. Salyers said Roslovic told
                             Savovic. The O'Brien revelation that resulted in      her he was calling from Biancardi's office.
                             his dismissal - that he had given more than           Roslovic told Salyers that "his company's relation-
                             $6,000 to another OSU recruit - was a mere nug-       ship with OSU as an athletic booster" prevented
                             get in a voluminous deposition given by Salyers in    him from allowing players to live with his family,
                             her $359,910 lawsuit. But it was enough to cost
                                                                                                                       Continued on page 2
                 Page 2                                                                                                                      Athletics

                                              from 2000 to 2001, at the re-       jevic, saying he did so for hu-     key players in lifting OSU to the
                                              quest of Ms. Roslovic, who was      manitarian purposes. C. James       NCAA Final Four in 1999. She
                                              divorced from her husband in        Zeszutek, O'Brien's attorney,       said she gave it to someone in
                                              August, 2000. Salyers said she      said O'Brien gave the money         Penn's family and a woman who
                                              often would leave the money in      through an intermediary so he       knew Johnson.
                                              a medicine cabinet. "I'd say,       could give it to Radojevic's
                                              'Boban, go comb your hair.' And     mother. Zeszutek said O'Brien       Salyers also said in her deposi-
                                              he'd go in the bathroom and get     considered the payment a loan.      tion that O'Brien and Biancardi
                                              the money and come out and          He said the money was given         were aware that Savovic had
                                              hug me," she said in her deposi-    after Radojevic signed a letter     run up about $10,000 on a
                                              tion. Salyers said Biancardi        of intent to play at OSU but that   calling card that belonged to
                                              knew about the payments to          his mother may not have re-         Cornstein's father. Cornstein
                                              Savovic, as did several players.    ceived it until after he was de-    didn't return messages seeking
                                                                                  clared ineligible to play at OSU.   comment. He released a writ-
                                              In August, 2003, Salyers sued                                           ten statement saying he "acted
                                              Dan and Kim Roslovic, accusing      The NCAA declared Radojevic         appropriately at all times." Sal-
Alleged payments to former guard Boban        them of reneging on a verbal        ineligible because he had re-       yers also said she and Ms.
Savovic could cause Ohio State to forfeit     agreement to pay her $1,000 a       ceived money for playing over-      Roslovic wrote papers for Savo-
victories and the NCAA to level substantial
                                              month plus expenses to take         seas. He entered the NBA draft      vic, and Salyers convinced two
                                              care of Savovic. Allegations in     in 1999 and played for three        professors to change Savovic's
                                              that lawsuit led to OSU's deci-     teams before injuries ended his     grades so he could remain eligi-
O’Brien continued                             sion to fire O'Brien and have       career. Geiger said O'Brien         ble to play. Salyers said she
                                              raised questions about Bian-        acknowledged the payment to         approached the faculty mem-
Salyers' attorney wrote. "He said
                                              cardi's future. In April, 2003,     Radojevic was an NCAA viola-        bers to change the grades at
that he had given money to the
                                              he became head coach of the         tion, and OSU disclosed it to the   the request of Biancardi, and
Ohio State athletic department in
                                              men's basketball team at            NCAA on May 18. Geiger said         he asked her to pay $21,000 in
the past. And therefore it was a
                                              Wright State University near        O'Brien told him about the pay-     international taxes for Savovic.
violation for [Savovic] to stay with
                                              Dayton. Salyer's 801-page           ment on April 24. "Whether or       Biancardi told her not to use a
them. [Savovic] had to leave and
                                              deposition has led to an NCAA       not a student has signed a let-     check because that would leave
he asked if I would take him. He
                                              probe that could end in sanc-       ter of intent is immaterial,        a paper trail, she said.
offered me a thousand dollars a
                                              tions, including probation for      they're still a prospective stu-
month plus expenses," Salyers
                                              OSU's men basketball team,          dent-athlete, and that's Compli-    Mrs. Salyers' attorney, Mr. Lu-
said in her deposition. Salyers
                                              forfeiture of victories from 1998   ance 101," Geiger said.             cas, said the big picture is an
said she agreed, and Savovic, in
                                              to 2002, and a ban on postsea-                                          amateur sports system that is
July or August of 1998, moved
                                              son play.                           Salyers also said she saw a         broken. "There's too much
into her house. Salyers said Bian-
                                                                                  New York-based sports agent,        money flowing into it and too
cardi told her that if anyone
                                              In her depositions, Salyers re-     Marc Cornstein, and his associ-     many people living off the play-
asked why Savovic was living in
                                              vealed that O'Brien had given       ate, Spomenko Pajovic, leave        ers. And the players can't re-
her home, she should say Savovic
                                              $6,700 or $6,800 to another         the OSU locker room several         ceive any benefit at all. When
had become friends with her son,
                                              recruit, 7-foot-3 center Aleksan-   times when Savovic played for       something happens, the
Robert Huston, while playing bas-
                                              dar Radojevic, in 1998 or 1999.     the Buckeyes from 1998 to           coaches are the ones to blame,
                                              Salyers said the cash was for       2002. NCAA rules prohibit           and I think the coaches are put
                                              the player's mother. His father     agents from contacting college      in an impossible position," he
A few weeks after Savovic moved
                                              had died in September, 1998.        athletes. She said Pajovic          said.
in, Salyers said she began to give
                                              According to OSU Athletic Direc-    asked her to give his phone
him money. She said she gave
                                              tor Andy Geiger, O’Brien admit-     number to Scoonie Penn, Mi-
him $200 a week from 1998 to
                                              ted giving the money to Rado-       chael Redd, and Ken Johnson -
2000 and then $150 a week

University of Oregon Football Placed on Probation
From an NCAA Press Release                         impermissible contacts and violations associated     constitute major violations. In the summary
                                                   with the administration of a National Letter of      disposition process, penalties are proposed
INDIANAPOLIS - The NCAA Division I                 Intent (NLI) over a two-day period in January        by the involved institution.
Committee on Infractions has agreed to             2003.
place the University of Oregon on proba-                                                                The committee found that the institution is-
tion for two years for violations of by-           This case was resolved through the summary           sued the prospect an NLI (and a letter award-
laws governing recruiting and unethical            disposition process, a cooperative endeavor that     ing athletics aid for the 2003 spring term)
conduct in the football program. The               may be used in place of a formal hearing when        that was sent via overnight mail to the pros-
case centered around the violations                the NCAA enforcement staff, the member institu-      pect's home January 14, 2003. On January
committed by one assistant coach re-               tion, and involved individuals agree to the facts    15, the assistant coach traveled to the pros-
garding one prospect and a series of               of an infractions case and also that those facts
                                                                                                                                  Continued on page 3
Volume 1, Issue 1                                                                                                              Page 3

AEC Cabinet Backs Outside Aid Deregulation
From The NCAA News (6/21/04)                     the cost of attendance. The AEC Cabinet had         deregulation proposals. Thus, the cabinet
                                                 energetically supported Proposal No. 02-83-A as     recommended focusing only on Proposal
After more than a year of membership             part of a financial aid deregulation package that   No. 02-83-A during the 2003-04 legisla-
debate, the Division I Board of Directors in     included other measures. But because the            tive cycle. Now, though, the cabinet is
April adopted Proposal No. 02-83-A, land-        Division I membership last year was preoccu-        asking the Management Council to con-
mark legislation that allows student-            pied with academic reform, cabinet members          sider the rest of the package.
athletes to receive athletics aid up to the      believed that the membership did not have the
full grant level, plus non-athletics aid (for    opportunity to adequately review and fully un-
example, academic scholarships) up to            derstand the implications of the financial aid                               Continued on page 4

                                      the conclusion of the call, it      permissible signing date for       consideration of the case. The
Oregon continued                      was agreed that the assistant       midyear junior college transfers   assistant football coach was
                                      coach would drive over to the       in football; and the document      suspended without pay for one
pect's hometown in a distant          prospect's hotel to pick up what    contained the forged signature     week during the 2003-04 aca-
state to meet with the prospect       the assistant coach assumed         of the prospect's father. De-      demic year; he also was placed
and his parents in a final at-        was an executed NLI. When           spite direct knowledge of the      on probation for one year at the
tempt to recruit him. Up to that      the assistant coach arrived at      circumstances surrounding the      institution and had a letter of
point, the prospect was seri-         the prospect's hotel at 12:45       NLI's execution, the assistant     reprimand included in his person-
ously considering either Oregon       a.m. January 16, the prospect       football coach faxed the invalid   nel file. The university also did
or the University of California,      met him in the lobby, which         document to the institution, the   not allow the assistant football
Berkeley. The home visit by the       was an additional violation of      first step in representing the     coach involved in this case to
coach lasted approximately 60         recruiting contact legislation.     NLI as a valid document.           engage in any off-campus recruit-
to 90 minutes. By 9 p.m. that                                                                                ing activities until January 2004.
night, the assistant coach was        When the assistant coach ar-        The committee found that the       Additionally, he was permitted to
returning to his hotel about an       rived at the prospect's hotel, he   knowing and intentional nature     engage in off-campus recruiting
hour away from the prospect's         was surprised to find that the      of the assistant coach's con-      only one contact week in January
home.                                 prospect had not signed the         duct violated NCAA ethical         2004. The university restricted
                                      NLI. The assistant coach re-        standards, and for that reason     the number of coaches allowed
At about 11:30 p.m., the assis-       minded the prospect that the        the case was considered            off campus during the 2003-04
tant coach telephoned the pros-       document had to be dated            "major." However, the commit-      recruiting cycle in football. The
pect to inquire if the NLI had        before midnight January 15.         tee also noted that the assis-     institution withheld one of the
been executed. By then, the           The prospect signed the docu-       tant coach was in his 19th year    seven off-campus recruiting
prospect was staying at a             ment, forged his father's signa-    at the institution and had never   coaches during two of the per-
nearby hotel since he had a           ture and falsely indicated that     been involved in even a secon-     missible contact weeks. The
flight the next morning depart-       both signatures were executed       dary infraction prior to this      university also terminated the
ing from that city to return to his   at 9:36 p.m. January 15. Once       case. It was the committee's       recruitment of the prospective
junior college. The prospect          the NLI was completed, the          conclusion that this violation,    student-athlete involved in this
assured the assistant coach           prospect handed it to the assis-    though serious, appeared to be     case.
that the NLI would be signed.         tant coach, who returned to his     an uncharacteristic one-time
Less than an hour later, at           hotel and faxed it to Oregon.       lapse in judgment of a well-
12:20 a.m. January 16, the            The time and date on the NLI        established assistant coach.
assistant coach again called the      indicates that it was faxed at
prospect to inquire about the         3:26 a.m. Eastern time January      The institution, the NCAA en-
status of the NLI. During this        16, 2003.                           forcement staff, and the assis-
call, the prospect evaded the                                             tant football coach agreed with
question and informed the as-         The committee found that the        the committee's findings and
sistant coach that he wanted to       assistant coach had had multi-      that the facts constituted a
attend California. The assistant      ple contacts with the prospect,     violation of NCAA legislation.
coach attempted to convince           violating NCAA legislation limit-   The committee accepted the
the prospect to go to Oregon          ing such contact to one per         university's proposed penalties
instead, assuring him that if he      week. The committee also            and corrective actions and
changed his mind later, the           found that the coach was pre-       decided not to impose any ad-
assistant coach would destroy         sent when the prospect exe-         ditional sanctions. The penal-
the NLI. Aware that it was then       cuted his NLI to attend the         ties proposed by the university
past the midnight deadline for a      university, also a violation. The   and adopted by the Division I
junior college transfer to sign an    committee also found that the       Committee on Infractions in-       Oregon head football coach Mike Bellotti,
NLI, the assistant coach in-          assistant coach accepted an         cluded public reprimand and        responding Wednesday to NCAA action on a
structed the prospect that the        NLI that he knew to be invalid      censure as well as two years of    2003 recruiting violation said, “This was a
NLI should reflect that it was        for two reasons: it was exe-        probation beginning May 4,         one-time deal that was a serious error in
executed prior to midnight. At        cuted after midnight of the last    2004, the committee's date of      judgment.”
                                                          Awards continued

                                                          Meeting in Indianapolis June 8-11, cabinet members urged the Council to support Pro-
                                                          posal No. 03-23, which had been tabled by the Council in January. The proposal would
                                                          permit student-athletes in equivalency sports to receive certain kinds of institutional aca-
                                                          demic scholarships and need-based aid under specified conditions without it being in-
                                                          cluded in an institution's equivalency computation. Such aid, however, would continue to
    CLEVELAND STATE UNIVERSITY                            count toward the recipient's individual limit and toward Division I membership require-
    COMPLIANCE DEPARTMENT                                 ments. Cabinet members reason that because the aid is not related to athletics ability, it
    csuvikings.collegesports.com/ot/compliance.html       should not count in the team limits. The AEC Cabinet did, though, recommend that Pro-
                                                          posal No. 03-23 be revised so that the components essentially would be split into two
    Viking Athletics                                      proposals, one for exempting academic scholarships and one for exempting institutional
    Convocation Center                                    need-based aid. The cabinet also recommended that the Council remove from the table
    2000 Prospect Avenue                                  and support Proposal No. 02-82 regarding counters, with a revision that limits the
    Cleveland, Ohio 44115                                 changes in the proposal to eliminating the varsity-competition standard in Bylaw 15. The
                                                          measure would allow a recruited football or basketball student-athlete who receives insti-
    Kevin Klotz, Compliance Coordinator                   tutional (non-athletics) financial aid to compete without triggering counter status.
    Phone: (216) 687-4756
    Fax: (216) 523-7257                                   Cabinet members believe that when institutional financial aid is based on athletics ability,
    E-mail: k.klotz@csuohio.edu                           it is not necessary for counter status to be contingent on the recruited status of a student-
                                                          athlete, with the exception of outside aid of which athletics participation is a major crite-
    Edited by                                             rion. Under the current regulations, a student-athlete may be forced to choose between
    Reid Guarnieri, Compliance Intern                     participating in intercollegiate athletics and accepting aid from various non-athletics
    Phone: (216) 544-1179                                 sources that may count against team limits simply because the recruited status caused
    E-mail: reid.guarnieri@law.csuohio.edu                the student-athlete to become a counter. Proposal Nos. 03-23 and 02-82 as revised will
                                                          enter the 2004-05 legislative cycle and, if adopted in April, would become effective Au-
    Portions of this newsletter have been                 gust 1, 2005.
    edited for content and space provi-
    sions.                                                While those two proposals are moving ahead, the cabinet recommended that one other --
                                                          Proposal No. 03-24 -- remain tabled. Cabinet members believe Proposal No. 03-24,
                                                          which would prohibit an institution from providing financial aid awards to student-athletes
    Cleveland State University Athletics                  on a term-by-term basis, needs more review, particularly to figure out the various excep-
    Asks You to "Ask Before You Act!"                     tions to the rule (for example, mid-year enrollment, student-athletes in their last term of
                                                          eligibility). Cabinet members hope to complete that review by their September meeting.

RECENT DIVISION I INTERPRETATIONS                                                                               COMPLIANCE TO-DO LIST
             RECRUITING AND TRYOUTS                     a season already in progress (e.g., outdoor track       The Compliance Office is still waiting for you to
Date Issued: Apr 14, 2004                               and field, baseball) provided the student-athlete       complete some of these items:
Type: Official                                          meets all applicable progress-toward-degree re-         • Complete your playing and practice season
Item Ref: 1                                             quirements to be eligible for competition during        forms and have your competition schedules
 The subcommittee reviewed a previous interpre-         the subsequent fall term. [References: NCAA             and have them approved via the new Competi-
tation, which stated that a competitive event that      Bylaws 14.1.10 (change in eligibility status) and       tion Schedule Approval Form.
permits any participants to be selected on bases        14.4 (progress-toward-degree requirements); and         • Complete your staff declaration form.
unrelated to an objective standard of perform-          a 4/27/89 official interpretation, Item No. 10]         • Make sure you update your official roster
ance is not considered an "open" event for pur-                                                                 declaration with any late additions using the
poses of the "open" event exception to the tryout                                                               roster declaration form. Remember that if I
rule, and confirmed that such a standard is appli-      RECRUITING CALENDAR                                     don’t have a student’s name on the roster
cable to all participants (i.e., prospective student-   Baseball                                                declaration form, they will not be identified as a
athletes and non-prospective student-athletes           April 16-July 31: Contact/Evaluation Period             member of your team and will not be eligible to
alike). Thus, if non-prospective student-athletes       Men’s Basketball                                        receive any assistance from athletics if they
are selected for an event based on a subjective         May 1-July 7: Quiet Period                              have an issue or problem!
standard (e.g., wildcard), it is not permissible for    July 8-17: Evaluation Period                            • Volleyball, Men's and Women's Soccer, Cross
such an event to be held on an institution’s cam-       July 18-21: Dead Period*                                Country: Notify Compliance regarding your Pre-
pus pursuant to the "open" event exception to the       *It is permissible for an institution to have contact   Season Practice schedule and confirm the
tryout rule even if the prospective student-            with a prospect who is enrolled in the institution’s    following:
athletes involved in the event are selected on the      summer term and has signed a National Letter of              o your first date of practice
basis of an objective standard. [References:            Intent or other written commitment to attend the
                                                                                                                     o Viking Hall move-in dates
NCAA Bylaws 13.12.3 (tryout exceptions) and             institution.
                                                        July 22-31: Evaluation Period                                o pre-season meal arrangements ("open" event); and a 11/13/02 official
                                                        Women’s Basketball                                      • Schedule your pre-season team meeting with
interpretation, Item No. 1
           CERTIFICATION OF ELIGIBILITY                 April 16-July 7: Quiet Period                           the Compliance Office. Please set aside ap-
Date Issued: May 14, 2004                               July 8-31: Evaluation Period                            proximately 1 ½ hours for your team to meet
Type: Official                                          Softball                                                with the Compliance Staff during the first 2
Item Ref: 1                                             June 7 (8 a.m.)-July 31: Contact/Evaluation Pe-         weeks of classes. Your student-athletes will
The subcommittee determined that a student-             riod*                                                   complete their required NCAA paperwork and
athlete who was eligible for competition at the         *During high school regional and state champion-        receive a short rules education session during
beginning of the academic year, but became ineli-       ship competition that does not occur during a           this time. I urge you to consider combining
gible at midyear, (e.g., due to failure to meet the     dead period is considered an Evaluation Period.         your meeting time with other teams which
six-hour requirement) could be certified as eligible    Women’s Volleyball                                      would make the process easier on me.
at the end of the academic year for competition in      May 29-July 31:        Contact/Evaluation Period

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