The NCAA is preparing to issue an amended Notice of Allegations to the University of Kansas that adds a lower-level violation during the 2019 KU football season, The Star has learned.
This amended notice will come, sources told The Star, after an original notice sent to KU last September detailed five Level I men's basketball and two Level II football violations.
The new allegation _ stemming from coach Les Miles' first year with the program _ is expected to be a Level III charge, the least severe in the NCAA's three-tier system.
When asked for comment, Dan Beckler, associate KU athletic director for public relations, told The Star: "We have not received an amended Notice of Allegations."
The Star also asked the NCAA for comment, and director of public and media relations Stacey Osburn said in an email that the organization "cannot comment on current, pending or potential investigations."
Though details of the new violation are unclear at this point, it comes after 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 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.
An amended Notice of Allegations could potentially impact both KU's future NCAA punishments as well as the case timeline.
Each of the seven NCAA violations detailed in the original notice of allegations related to events that took place under previous athletic director Sheahon Zenger. The added charge would have been 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.
Compliance experts told The Star this new development could also delay the overall process. Following the release of an amended notice of allegations, parties involved could have up to another 90 days to give their response, as cited in Section 19.7.2 of the NCAA manual.
KU announced in November that its deadline to respond to the NCAA regarding the original notice had been set for Feb. 19.
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.
Included with KU's initial release of the NCAA notice was a statement from Miles.
"I am confident in the university's process leading to the self-reported violations arising from the previous football staff. 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," Miles said.
Long also addressed the Level II football violations under Beaty at the time.
"We fully met the requirements and our responsibility to the NCAA by self-reporting the violations when our compliance procedures uncovered the issues," Long said. "I am confident in our process to respond to the allegations and look forward to resolving this matter."
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.
