2016 file photo

Mary Hardin-Baylor head football coach Pete Fredenburg impermissibly provided the use of his car to two student-athletes, according to a decision by the NCAA Division III Committee on Infractions. The coach violated head coach responsibility rules when he failed to promote an atmosphere for compliance and failed to monitor his staff.

This case was resolved through the summary disposition process, a cooperative effort where the involved parties collectively submit the case to the Committee on Infractions in written form. The NCAA enforcement staff, involved individuals and the university must agree to the facts and overall level of the case to use this process instead of a formal hearing. The university contested the vacation of records penalty, but the COI maintained it on review of the university’s written submission. 

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The NCAA’s Committee on Infractions released its report today and accepted all of UMHB’s corrective actions and self-imposed penalties, which included a two-year probation period for the football program, enhanced compliance training, and a $2,500 fine. Fredenburg also received a three-month suspension without pay and a three-game suspension at the beginning of the 2018 season.

However, the COI added a penalty of vacating wins and records during the 2016 and 2017 football seasons, including the 2016 Division III national championship, which UMHB will appeal.

If the appeal is unsuccessful, there will be no champion for the 2016 Division III football season.

The case involved the providing of local transportation by coaching staff and centered around the loan of Fredenburg’s 2006 Subaru to one student-athlete prior to and during the 2016 season and again during the 2017 season. These actions violated NCAA rules, including impermissible benefits, and head coach responsibility. The car was provided for use for approximately 18 months, according to the NCAA news release.

Mary Hardin-Baylor also self-reported a violation involving Fredenburg’s loan of the same car to another student-athlete for less than one hour before it broke down and had to be towed. 

The case was reviewed through the NCAA Summary Disposition process, a collaborative effort in which the university, Fredenburg, and NCAA enforcement staff agreed upon the facts of the violations. The lack of dispute allowed the NCAA’s Committee on Infractions (COI) to proceed without a formal hearing.

“I’ve spent my entire career as a football coach investing in kids,” said Fredenburg. “In this instance, I unintentionally broke NCAA rules.  I regret this, and I accept responsibility.”

President Randy O’Rear said the university had taken the investigation seriously from the first day and fully cooperated with the NCAA. 

“Although the university recognized the seriousness of the violations it has self-reported, it respectfully disagreed with the Committee on Infractions decision to add to our self-imposed sanctions the vacating of wins and records for the 2016 and 2017 football seasons,” said O’Rear.  “In light of all the circumstances surrounding this case and as a matter of principle for all the student-athletes who had no part in the infractions, we requested an expedited hearing on that one issue of disagreement.” However, the COI declined to remove the added penalty, and UMHB has elected to file an appeal to the NCAA’s Infractions Appeal Committee (IAC).

"Mary Hardin-Baylor is committed to a culture of compliance, and the actions we took reflect that commitment," O’Rear said.  “The record shows we responded quickly, investigated vigorously, immediately self-reported the violations, and independently took decisive corrective steps.”

“We have worked diligently with the NCAA during the last 20 months to complete this matter in a cooperative and honorable way, and we will continue to do so during the appeal process,” O’Rear added. 

In its decision, the NCAA committee said that football staff members, led by the head coach, violated recruiting and extra benefit rules by providing impermissible transportation.

First, two football staff members provided a football student-athlete, who was a prospect at the time, impermissible transportation. The head coach was aware of the transportation but did not check with compliance to see if it was allowed.

Second, the head coach provided the same student-athlete his car to use for approximately 18 months. The committee determined the use of the car was an impermissible benefit and resulted in the student-athlete competing while ineligible. The head coach provided his car for a second student-athlete to use, but the car broke down shortly after the student-athlete took possession.

In late May 2016 through December 2017, the head coach provided the use of his 2006 car to a student-athlete at no cost and maintained the liability insurance on the vehicle, a value of approximately $5,003.11. The head coach was aware that he was still a prospective student-athlete when he initially provided use of the vehicle and continued to allow the student-athlete to use the vehicle once he enrolled full time and competed at the institution beginning in August 2016. 

This case shares similarities with other cases in which coaches have provided impermissible benefits to student-athletes and where the COI has concluded the violations were major because of the value of the benefits and the scope of the violations. That includes the Thomas More case in 2016 (concluding that an assistant women's basketball coach provided $5,000 in impermissible extra benefits to a women's basketball student-athlete, including free lodging and the use of an automobile); Staten Island (2013) (concluding that the head swimming coach provided impermissible inducements and extra benefits to six international student-athletes); Occidental (2013) (concluding the head women's volleyball coach provided impermissible benefits to eight student-athletes in the form of travel expenses, lodging and the use of rental cars); and Salem State (2003) (concluding that the head soccer coach provided impermissible cost-free meals on three to four occasions per week to a student-athlete who was renting an apartment in the coach's home).

This case is similar to previous cases in which the COI has concluded that major violations occur when coaches are involved in the provision of impermissible benefits, as seen in this case.

“Of particular concern to the COI is the fact that a football staff member questioned the head coach about providing a car to the student-athlete, but the head coach dismissed the staff member’s concern and took no action to ascertain the permissibility of his actions,” the committee said in its report.

The penalties include the following:

• Two years of probation (self-imposed by the university).
• A vacation of records in which any ineligible student-athletes competed.
• A $2,500 fine (self-imposed by the university).
• Outside audit of the college’s athletics policies and procedures to ensure that they are consistent with institutional guidelines and NCAA Division III rules (self-imposed by the university).
• A three-month suspension of the head coach and a suspension for the first three contests of the 2018 season (self-imposed by the university).
• Mandatory attendance for the head coach at a 2018 NCAA Regional Rules Seminar and attendance during each year of probation (self-imposed by the university).
• Mandatory attendance for all assistant football coaches, including the recruiting and academic coordinator, at a Regional Rules Seminar during probation.

The terms of probation do not prohibit postseason play or impose any recruiting bans. “It is appropriate that the sanctions do not limit the ability of our football team to succeed in the current or future seasons,” said Fredenburg. “Our program is focused on this season. This group of outstanding student-athletes and those who will join our program later have no reason to be concerned about our goals or the direction of our program. We remain focused on building character, developing quality student-athletes and winning championships.”