Under former coach Machli Joseph, Baruch was a CUNYAC power and a threat to win an NCAA Tournament game. Since then, the Bearcats have slipped from 25-6 overall to 10-15 this past season. D3sports.com file photo

Baruch failed to exercise control over the conduct and administration of its athletics program, according to a decision issued by the Division III Committee on Infractions. The college’s lack of policies and procedures in the administration of financial aid, combined with weak oversight of two former staff members, resulted in 30 student-athletes receiving $255,097 in impermissible financial aid and benefits over the course of five years.

This case began when the institution received two anonymous letters, one in February and one in March 2013, alleging that the then former vice president of student affairs and enrollment management (former vice president) provided two student-athletes impermissible financial aid.

In response, the institution conducted an internal investigation and submitted a self-report of its findings to the NCAA enforcement staff on Jan. 31, 2014.

Machli Joseph last coached Baruch women’s basketball in the 2013-14 season.

Additionally, a former vice president for student affairs and enrollment management, and a former head women’s basketball coach both violated NCAA ethical conduct rules when they arranged and/or provided impermissible financial aid and extra benefits for student-athletes.

Penalties in the case include four years of probation, a one-year postseason ban for the women’s basketball team and one-year show-cause orders for both the former vice president and former head coach. During the show-cause periods, both individuals are prohibited from athletically related duties.

It's not the first time Baruch has been found to have committed violations in women's basketball. The NCAA also found that student-athletes received extra benefits in relation to work-study programs in 2011. As a result, Joseph was suspended for two games, records were vacated and a $5,000 penalty was assessed.

The college, a City University of New York school, deviated from the policies it did have and considered athletics when granting financial aid. It violated NCAA rules when it granted in-state residency based on athletics; impermissibly provided financial aid, cash awards and extra benefits; and selected student-athletes for resident assistant positions when they were not qualified.

In-state residency status was granted to seven student-athletes who did not meet the existing official policy qualifications. In four of those instances, staff members, including the former vice president and the former head coach, were directly involved in the process of granting the impermissible in-state residency. Because the college deviated from its existing financial aid policies and granted residency based on athletics, it violated NCAA rules.

The college provided impermissible financial aid and cash awards from various sources to 22 of the total 30 involved student-athletes. Thirteen of the 22 student-athletes received financial aid based on athletics criteria. Eight of the 13 student-athletes did not meet the criteria for the financial aid they received. Further, of the 22 student-athletes, 11 received one-time cash awards of $500 each based on athletics participation. Additionally, the college allowed a student-athlete to continue to be enrolled despite not paying tuition or dorm bills. Either the former vice president or former head coach, or both, were involved in the arrangements or approval of the impermissible aid for five student-athletes.

The former vice president and/or the former coach were involved in the selection of three student-athletes as resident assistants. Although they did not meet the existing official policy qualifications for the positions, the former vice president selected the three based on their status as student-athletes.  

The former head coach and former vice president acted in an unethical manner when they arranged and/or provided the impermissible financial aid and extra benefits to student-athletes. According to the NCAA's case study, the former vice president told the former head women's basketball coach "to recruit these students and to get them here. Red carpet treatment the whole way. It's the only way we're going to land them."

The former head coach stated he knew athletic ability or participation could not be considered when giving financial aid to student-athletes and that Division III rules prohibited him from attempting to change financial aid packages. However, he directly influenced decisions that resulted in student-athletes receiving impermissible financial aid based on athletics.

The former vice president wanted to raise the profile of athletics at the college and, as a part of that effort, he was closely involved in the recruitment, admission and awarding of financial aid for prospects and student-athletes. Even though he knew that under Division III rules, financial aid based on athletics could not be provided to student-athletes, he approved, directed or influenced the impermissible financial aid and benefits provided to student-athletes over the course of five years.

Baruch felt the impact of these measures and trumpeted them in a story about Joseph graduating from the NCAA's Pathways program: "While many factors have contributed to the college's growth, school spirit was certainly a factor. The institution witnessed record application increases from 19,000 to 24,000 and enrollment improved from 16,000 to 17,700 all while the athletics program gained new found regional and national notoriety."

The release continued: "Machli Joseph outlined a vision, articulated a game plan and put in the hard work of collaboration, focus and execution to move Baruch College athletics from a lackluster afterthought to a regional and national contender, assuring that several teams are either recognized or ranked nationally within NCAA Division III sports," said Ben Corpus, Vice President for Enrollment Management & Academic Initiatives at Baruch College. "His strategic initiatives have dramatically assisted in developing an image of excellence we desperately needed as a component of campus life, positioning a brand that has resonated with enrollment markets where we were otherwise absent."

The college lacked institutional control when it failed to ensure its processes did not consider athletics when determining financial aid, cash awards and employment arrangements; did not ensure the resident assistant selection process for student-athletes was the same as existing policies for the general student population; and did not monitor the conduct of the former vice president and former head coach.

Penalties and corrective measures include:                           

• Public reprimand and censure for the college.
• Four years of probation for the college from June 30, 2016, to June, 29, 2020.
• A one-year show-cause order for the former vice president from June 30, 2016, to June 29, 2017. During that period, if he is employed by an NCAA member, he must be prohibited from all athletically-related duties, including the admissions process and awarding of financial aid for prospects and student-athletes.
• A one-year show-cause order for the former head coach from June 30, 2016, to June 29, 2017. During that period, if he is employed by an NCAA member, he must be prohibited from all athletically-related duties and attend an NCAA Regional Rules Seminar.
• A 2016-17 postseason ban for the women’s basketball team.
• An outside audit of the college’s athletics program, with an emphasis on financial aid policies and procedures. The school must implement all recommendations made by the reviewer.
• A number of staff members must attend at least one NCAA Regional Rules Seminar during the period of probation.

Members of the Division III Committee on Infractions are drawn from NCAA membership and members of the public. The members of the panel who reviewed this case are Dave Cecil, associate vice president for financial aid at Transylvania; Amy Hackett, committee chair and director of athletics at Puget Sound; Tracey Hathaway, associate director of athletics for compliance and student-athlete welfare at Massachusetts-Boston; Gerald Houlihan, attorney in private practice; and Gerald Young, athletics director at Carleton.