KU charged with additional football violation in NCAA’s amended Notice of Allegations
The University of Kansas has received an amended notice of allegations from the NCAA adding a Level III violation from the 2019 football season.
The Star first reported Wednesday that this amendment was imminent.
In a memo dated Jan. 27 — though watermarked with Jan. 30 — the NCAA enforcement staff added an eighth violation to KU’s notice after “the institution and enforcement staff discovered a new Level III violation involving the football program and its current staff.”
That charge is that during spring and fall practices in 2019, two KU non-coaching special teams staff members “occasionally participated in on-field activities and assisted with football drills. Additionally, and on a limited basis, the two special teams analysts participated in on-field practices by providing technical or tactical instruction” to players.
No individuals were named in the allegation, with KU and the NCAA enforcement staff in substantial agreement about this being a Level III violation — the lowest on the NCAA’s three-tier scale.
The memo states KU advised the NCAA it would only need 15 additional days to prepare its response to the new violation; the NCAA manual says parties involved are allowed up to 90. That means KU’s deadline to respond to the Notice of Allegations is March 5 instead of Feb. 19.
The amended notice could potentially impact KU’s future NCAA punishments. Each of the seven NCAA violations detailed in the original notice related to events that took place under previous athletic director Sheahon Zenger. The added charge was during new athletic director Jeff Long’s tenure, though it’s uncertain how this additional information might impact KU as it faces an overarching “lack of institutional control” violation from the NCAA.
Details of the new Level III violation appear to line up with a report by The Star in September that outlined how — after KU previously said it withheld a $3 million buyout from former football coach David Beaty because of NCAA violations — similar infractions appeared to be occurring under Les Miles.
The Star found five instances of KU football analysts — prohibited from giving on-field instruction by NCAA bylaw 11.7.3 — appearing to coach players. Game and practice video reviewed by The Star included multiple examples of special teams analyst Tony Coaxum giving directions during drills on April 9 and Aug. 9 and also in KU’s 29-24 home loss to West Virginia on Sept. 21.
The Star sent video of two practices to the KU athletic department, which originally responded that it reviewed the clips and gave them to the Big 12 Conference compliance office for additional review. In a statement, KU Athletics said “it was determined that the actions in these videos do not constitute a violation.”
After The Star’s article about analysts at practice was first published, the Big 12 confirmed it reviewed the video but provided only an advisory opinion to KU.
“It is up to the institution to determine its compliance with NCAA rules,” read a statement from Bob Burda, senior associate Big 12 commissioner.
KU released an updated statement by Miles along with the amended notice on Thursday night.
“I am confident in the University’s process leading to the self-reported violations arising from the previous football staff, as well as the Level III violation related to the 2019 season,” Miles said. “Our entire focus is on the current season and the culture that we are building here at KU. The future is bright for Kansas Football.”
NCAA bylaw 11.7.3 limits to 11 the number of head and assistant football coaches allowed to provide direct instruction to players. Having any other paid staff instruct players, which was alleged by the NCAA as a Level II violation under Beaty’s watch, is seen as a fairly common practice among college football programs that is difficult to police, according to multiple sources who spoke with The Star.
Often, if caught in lower quantities, these are self-reported as Level III violations to the NCAA. Another option is that the school self-penalizes the specific coach when it discovers this type of transgression.
The original NCAA notice revealed that Beaty’s two Level II violations — both self-reported by KU, and including a head coach responsibility charge against Beaty claiming he did not properly monitor his staff — initiated from video coordinator Jeff Love providing on-field instruction to KU quarterbacks on two or three occasions in March 2018, which included tips and adjustments to reading coverages.
The NCAA also alleged Love met with KU quarterbacks six to 10 times in a meeting room at the football offices where they went over quarterback reads, defensive fronts and other concepts, and Love sent quarterbacks text messages containing instructional videos.
Beaty, who was originally fired without cause and expected to receive the remainder of his contract, is suing KU because he claims the athletic department sought to concoct a reason to fire him for cause.
His lawsuit is ongoing. Beaty and KU Athletics sat for a mediation session on Dec. 23 to see if a mediator — in this case, Kansas City attorney Tom Bender — could help both sides settle the dispute. Court records show the parties were unable to reach a settlement agreement.
