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NCAA Rules: The Facts Are Not On Mike Krzyzewski's Side

Let's get one thing straight right now -- if the facts surrounding Duke Blue Devils coach Mike Krzyzewski's contact with 2012 recruit Alex Poythress have been related correctly, there is no question whatever that he violated NCAA Bylaw 13.1.6.2.2 (b).  None.  Whatever.  To wit:

According to Poythress, Coach K actually called a Georgia Stars coach, who then told Poythress to call Krzyzewski himself. The prep star did that, and Coach K answered, had a conversation with the power forward and offered him a scholarship. While that might have made the Duke coach feel that he was safe since he didn't place the call himself, that typically matters little when it comes to contact in the eyes of the NCAA. According to NCAA statutes -- or at least the interpretation of those statutes by a handful of different writers and at least one NCAA high major conference assistant coach -- Coach K is probably in the wrong for answering the call at all.

According to the NABC website, here is what the bylaw in question prohibits, condensed down to bullet points:

Prohibited Contact [Bylaw 13.1.6.2.2 (b)]

During a certified event, Division I coaches are prohibited from having contact at any location with:

  • Prospects;
  • Family members of prospects;
  • Prospect's coaches (nonscholastic and scholastic); and
  • Anyone associated with a prospect.

So if Poythress is correct, and there is no reason to disbelieve him, Krzyzewski actually committed two NCAA violations here:  Contacting a prohibited coach, and the contact with Poythress (which is not even allowed if Poythress initiates the call, by my reading of the rules):

13.1.6.2 Practice or Competition Site. Recruiting contact may not be made with a prospective student-athlete prior to any athletics competition in which the prospective student-athlete is a participant during the day or days of competition, even if the prospective student-athlete is on an official or unofficial visit. Contact includes the passing of notes or verbally relaying information to a prospective student-athlete by a third party on behalf of an institutional staff member and telephone calls. Such contact shall be governed by the following: (Revised: 1/11/89, 1/10/91, 1/11/94, 1/9/96 effective 7/1/96, 9/18/07) [My emphasis]

Star-divide

This rule seems to supersede the general allowance of telephone calls initiated by the recruit and at the recruit's expense in Bylaw 13.1.3.2.2.  I'm not sure of that reading, but the "bump rule" [Bylaw 13.02.4] requires the coach to be "innocently" approached by the prospect, his parents, or somebody associated with the prospect, and the coach must exchange no more than pleasantries and act to end the contact immediately.  So not only did Krzyzewski "prearrange" the contact by a call to a coach, he had the contact, did not act to end it, and in fact took advantage of the opportunity to offer a scholarship (a recruiting activity).

If the essential facts related by Poythress are true, there is no question as to the violation.  A rules interpretation different than mine might limit the number of actual violations to one instead of at least two, but there is no question at all about whether a violation took place.

Many have suggested that the NCAA might just overlook this, but it cannot, and will not.  The reason is this:

ENHANCED PENALTIES FOR JULY RECRUITING VIOLATIONS:

Penalties imposed for recruiting violations committed by Division I coaches during the July evaluation/dead periods will result in enhanced penalties (a four-for one basis) regardless of intent.  For example, one impermissible contact by a coach in July could result in a loss of two contacts during the upcoming academic year and two days off the road in July the following year for all members of the coaching staff. [My emphasis]

Even minor violations in July are no small matter.  Krzyzewski and Duke will suffer a reduction of at least four and more likely eight permissible recruiting contacts during the upcoming academic year.  The NCAA purports to take violations during the dead period and the July evaluation period very seriously, and I am certain they will not make an exception for Coach K, even if it was an honest misreading of the rules.  That's what "regardless of intent" means.

Bottom line -- this is not something the NCAA can just ignore because it occurred during an enhanced penalty period and it is such a clear-cut violation.  Duke will be sanctioned, and about that there can be very little doubt.  The NCAA allowed Duke out of the Myron Pigge/Corey Maggette matter by using the "they did not know, and should not have known" component.  That's not available to them here.

I fully expect Duke to report the violation after due investigation, and take the penalty which the NCAA must impose.  We don't have to like them, but there is no reason to cast aspersions on the character of the Duke in this case.  I'll reserve judgment on Krzyzewski until additional reporting is done.  This is not a mysterious rule, and a coach of his years and experience should know it by heart.

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Poythress

The rule is that coaches can’t talk to them while the team is playing in the tournament. Poythress’ team was eliminated Tuesday afternoon, and Coach K talked to him Tuesday night.

by openminded_21 on Jul 31, 2011 12:31 PM EDT reply actions  

If you read the links ...

… the rule requires more. Not only must he be done playing, he must have a) been given leave to return home by his own means or b) have returned home.

For prospects traveling with teams, prohibition starts from the point the team meets for initial travel and until completion of the team’s final competition of the road trip and the team returns home or until the prospect is released to travel separately from his team.

The facts are, Poythress competed at the same event on Wednesday and Thursday also. There is no question, none, that Krzyzewski violated the rule if he talked on the phone to Poythress on Tuesday and/or called an AAU coach with his team on Tuesday.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Jul 31, 2011 12:40 PM EDT up reply actions  

Question: Having violated rules in his recruitment, can Duke still accept Poythress' committment?

If Krzyzewski gets the recruit – does he even care if his number of recruiting contacts are reduced at some unspecified point in the future?

Despite my being a card carrying K/Blue Devil hater, I’m actually kind of bummed about this. Other than the fact Krzyzewski hasn’t lied about his violation, his apparent casual disregard for the NCAA rules lumps him in with the Tressel/Pearls of the coaching profession.

I’ve looked at Duke as sort of an ‘Industry Best Practices’ example – acclaimed for winning while strictly adhering to the rules. You might call me naive but I’d hoped Krzyzewski/Duke’s reputation for personal/institutional integrity might be well earned. If so, then their success suggested our own aspirations to sustain our championship program without future NCAA violations, and avoid all the pain that goes with them, to be reasonably attainable with care and prudent management. Now I’m not so sure. If Krzyzewski’s cheating – who isn’t?

And before somebody says the fact he hasn’t lied about the contact violations clearly separates him from the category of Jim Tressel and Bruce Pearl, remember this all started with an impermissible phone call to an AAU coach that Krzyzewski felt no qualms about making in the first place. Having seen how blithely he committed these infractions, you’ve got to ask yourself, “How many other of these types of so-called secondary, but defining, violations are in his daily recruiting routine?”

Nor has Krzyzewski come out and admitted his error and apologized. Unlike Pearl or Tressel, he didn’t get a chance to dissemble or conduct a cover-up in the face of Alex Poythress’ public statements, the media has him dead to rights. Caught like a burglar with the bag over his shoulder in the light of a police car’s spotlight, he’s stood totally mute. The man is taking his Miranda warning seriously.

Ostensively, that might be because the school is conducting an investigation – but, how long does it take to see the phone calls and offer took place and the tournament wasn’t over. When you get pulled over by the highway patrol for doing 80 in a 65, You know you did wrong. You say, “Yeah, I made a mistake. I just wasn’t thinking. I’m sorry.” You pay the fine and you move on.

No, Duke wants to see if there’s any wiggle room in the situation. Can we save Krzyzewski reputation; are there other violations that K and his staff have committed that will now come out; is there a way to spin this so as to shift blame and thereby avoid penalties, etc.? In other words, this is a situation that needs to be managed.

by TeamWeaver on Jul 31, 2011 5:01 PM EDT up reply actions  

I agree

Coach K knew he was wrong and did it anyway. That is a clear cut case of being a cheater. He is no different than Pearl or Tressel. He knew it was wrong, and did it anyway. Coach K doesn’t walk on water, and it is about time he got treated as such. I don’t think he will get into to much trouble over this, but I do think his reputation took a hit. And sometimes, that matters more than the punishment.

by ScottWalls on Aug 2, 2011 3:01 AM EDT up reply actions  

nothing will come of this

it’s Kuke baby! they should get penalized but there will be another school in trouble soon and that will overshadow this matter, leaving the NCAA free to not address the situation and all will be forgotten. anyone who brings it up after it has been “forgotten” will just be a sore loser and labeled a “hater” thus reducing the relevance of their claims.

can we just hire a hitman? ;j hahahaha

I have kleptomania,
but when it gets bad,
I take something for it.

by bluecrip on Jul 31, 2011 1:11 PM EDT reply actions  

Pretty cut and dry that Coach K is guilty of violations

However, Corey Maggette laughs at the NCAA actually doing anything to its favorite school….

Dayman, Fighter of the Nightman, Champion of the Sun

@btcoop71

by btcoop71 on Jul 31, 2011 3:03 PM EDT reply actions  

I guess we'll see what happens

Glenn, thanks for doing these “what they bylaws say” pieces whenever something like this happens. Having the actual rules in a handy-to-read place is really, really nice.

Age is always advancing. And I believe it's up to no good. - Harry Dresden

by JLeverenz on Jul 31, 2011 4:08 PM EDT reply actions  

Most welcome.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 1, 2011 6:09 AM EDT up reply actions  

There are still

a lot of unknowns in this story. Did he contact the coach while the team was still participating? Did he contact the coach because that was the only way he had of getting a message to the player? Was his intent to skirt around the rule and be the first to offer a scholarship as a result of the player’s performance in the tournament?

My guess is that the NCAA will find a way to grey area this thing into oblivion. However, the damage is done to some extent by the media coverage and the impression of wrongdoing. Just ask Coach Cal about that.

I woke up feeling BLUE this morning. It's gonna be a great day.

by kywineman on Jul 31, 2011 4:47 PM EDT reply actions  

Glenn, ...
The NCAA allowed Duke out of the Myron Pigge/Corey Maggette matter by using the “they did not know, and should not have known” component. That’s not available to them here.

How does “Didn’t Know” shield you from vacated wins for playing an ineligible player?

by TeamWeaver on Jul 31, 2011 5:25 PM EDT reply actions  

That allowed the NCAA an out.

The applicable rules say “may” not “must” when it comes to the vacation penalty.

I am not arguing the NCAA was consistent, or even did the right thing according to precedent in the Maggette matter. What I am saying is that the rules allow for that interpretation, whether we like it or not.

If the NABC reading of the rules is correct, Coach K broke them. That’s simply beyond rational dispute, even given the recent Katz article. Poythress was neither home nor released to go home on his own, so if K is off the hook, that interpretation is wrong.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Jul 31, 2011 6:24 PM EDT up reply actions  

I hope

that the NCAA starts investigating them and finds so many violations that it would make Bruce and Jim look like angels

by Bluehound on Jul 31, 2011 9:24 PM EDT reply actions  

I don't think this is a big deal.

Kentucky Basketball - The Reason for Living

by GriffinRC on Jul 31, 2011 11:01 PM EDT reply actions  

But I would like

to see it get some press just because it continues to make the NCAA look silly. Maybe enough of this kind of crap will be motivation to make change for the better.

Kentucky Basketball - The Reason for Living

by GriffinRC on Jul 31, 2011 11:03 PM EDT up reply actions  

This article lists rule 13.1.6.2 which basically prohibits any communication between coach and prospect during tournaments. The end of that rule says that it “shall be governed by the following:” and then lists several additions, exceptions, enhancements, clarifications, etc. to that rule. One of them is subsection (e) which states:

Contact with a prospective student-athlete who is on an extended road trip (e.g., traveling with a team from one contest or event to another), is permitted at the conclusion of a competition and prior to the commencement of travel to the next competition, provided he or she has been released by the appropriate institutional authority and departs the dressing and meeting facility; and (Adopted: 9/18/07)

This would lead me to believe that between tournaments, contact with a prospect is allowed. The problem here is that the two tournaments were at the same site so the “prior to the commencement of travel” is hard to interpret, since no travel takes place. Please correct me if I’m wrong, but everything I have read is that “being released” refers to tournament officials and not his AAU team, otherwise this clause would have no purpose whatsoever, as a 17 year old won’t be “released” by his AAU team until the end of a trip no matter what and they could just delete this rule.

by SCMatt33 on Aug 1, 2011 5:09 PM EDT reply actions  

See my subsequent post just above this one.

The NCAA enforcement staff has interpreted section (e) to include the entire “extended road trip.” Duke is asking for a clarification, but this rule has already been clarified by the NCAA enforcement staff back in April of this year.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 1, 2011 5:31 PM EDT up reply actions  

That was a Morehead State document, not an NCAA document, and it seems to completely contradict the rule as the rule explicitly allows contact on an extended trip, but the issue of the same site seems to come into play.

Although, you know its a slow news time of year when the big headlines are whether or not someone will lose a few phone calls.

by SCMatt33 on Aug 1, 2011 8:13 PM EDT up reply actions  

My understanding ...

… is that it came either from or in consultation with the COI. If that’s wrong, maybe the COI will repudiate the ruling to let Krzyzewski off the hook. Also, the NABC basically interprets the rule the same way as the Morehead St. document does, and I’m sure they consulted the COI on the matter.

The rule in question says this, in relevant part:

In men’s basketball, all communication with a prospective student-athlete (including a prospective student-athlete who has signed a National Letter of Intent), the prospective student-athlete’s relatives or legal guardians, the prospective student-athlete’s coach or any individual associated with the prospective student-athlete as a result of the prospective student-athlete’s participation in basketball, directly or indirectly, is prohibited during the time period in which the prospective student-athlete is participating in a summer certified event.

13.1.6.2 (b) Contact shall not be made with the prospective student-athlete from the time he or she reports on call
(at the direction of his or her coach or comparable authority) and becomes involved in competition related activity (e.g., traveling to an away-from-home game) to the end of the competition even if such competition-related activities are initiated prior to the day or days of competition;

The NABC interprets it thus:

For prospects traveling with teams, prohibition starts from the point the team meets for initial travel and until completion of the team’s final competition of the road trip and the team returns home or until the prospect is released to travel separately from his team.

It is not possible for a high-school athlete to have been “released” by the appropriate authority under Poythress’ circumstances. They would still be on curfew, they would still be preparing for the next tournament and “involved in competition” because travel to the next site was unnecessary in this case, and in a case like this, the prohibition clearly extends through the end of the first event, because Poythress was still “involved in competition-related activities.”

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Aug 2, 2011 7:44 AM EDT up reply actions  

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