university integrity and compliance office · 2019-08-20 · university integrity and compliance...

University Integrity and Compliance Office

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• Coach Ecarma scheduled his recruiting trips for UofL based on the location of his sons’ tennis tournaments.

On May 29, 2019, the UICO received a subsequent anonymous complaint from the University of Louisville’s (University or UofL) compliance and ethics hotline alleging the following concerns about Coach Ecarma:

• Coach Ecarma has not followed the administrative leave he was placed on by the University’s Athletic Director.

• Coach Ecarma asked clerks to take personal items out of his office to his car. • Coach Ecarma asked clerks to string his sons’ rackets without paying for the services or

equipment.

UICO and Employee Relations reviewed the subsequent allegations as part of their joint investigation. Review Process Our review of the allegations included the following:

• Conducted 22 interviews. • Reviewed Rex Ecarma’s personnel file and employment contract with ULAA. • Reviewed emails and other related documentation, including injury reports. • Reviewed relevant university policies and NCAA bylaws. • Reviewed a manual prepared and provided by Rex Ecarma. • Engaged with Audit Services, Athletics Compliance Office, Athletics Business Office,

and Sports Medicine.

Findings Our investigation determined that:

1. Coach Ecarma disregarded the health and well-being of the student athletes. Coach Ecarma pressured them to play through injuries, pressured and questioned the decisions of the sports medicine trainers about the treatment and recovery of injured student athletes, gave awards to the student athletes who were not on the injury list, required them to play outdoors in temperatures near freezing, and disregarded their dietary needs and restrictions.

2. Coach Ecarma made inappropriate comments that were discriminatory and biased based on nationality, ethnicity, and gender.

3. Coach Ecarma mistreated student athletes and employees and engaged in unprofessional conduct and bullying behavior while interacting with them. Coach Ecarma’s behavior made the student athletes and employees fearful of retaliation if they reported their concerns to him.


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4. Coach Ecarma made the student athletes participate in team activities beyond the

maximum 4 hours per day and/or 20 hours per week, pressured the student athletes to engage in team activities on their scheduled days off, and rescheduled practices without giving 24-hour notice to the student athletes.

5. Coach Ecarma often withheld gear and equipment and the coaches of the Men’s Tennis team were not transparent with prospective student athletes during the recruiting process about the amount of gear and equipment the student athletes would receive each year.

6. There was insufficient evidence to determine whether Coach Ecarma took gear or other items from the University for his personal use or his family’s personal use and did not pay for them.

7. There was insufficient evidence to determine whether Coach Ecarma scheduled University recruiting activities based primarily on the location of his sons’ tennis tournaments.

8. There was insufficient evidence to support that Coach Ecarma was not complying with the permissions provided by his sports administrator.

Below are the details of each finding:

1. Coach Ecarma disregarded the health and well-being of the student athletes. Coach

Ecarma pressured them to play through injuries, pressured and questioned the decisions of the sports medicine trainers about the student athletes’ injuries, gave awards to the student athletes who were not on the injury list, required them to play outdoors in temperatures near freezing, and disregarded their dietary needs and restrictions. This behavior does not align with the university’s standards of conduct and is contrary to NCAA principle 2.2, The Principle of Student-Athlete Well-Being and NCAA bylaw 3.2.4.17 Independent Medical Care. We interviewed multiple individuals about these allegations. Individuals interviewed reported the following actions were demonstrated by Coach Ecarma:

• Thirteen individuals stated that Coach Ecarma pressured student athletes to play through injuries. The student athletes reported that Coach Ecarma did not give them a choice of whether to practice and/or play when injured. The student athletes repeatedly stated that the coach would bully them and the athletic trainer and the coach made the final decisions when it came to injuries. Multiple individuals reported that the coach told the student athletes that he does not want to hear the word injury and that the word does not exist to him. They said this made them fearful of getting an injury and upsetting the coach. The following are some of the comments that were made:


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o The coach, “he was bullying me” and told me “no matter what you say, you are going to play.” He told me “ ” and said he does not see how it can get worse playing. “It hindered me the entire season.”

o “Yeah, he’s the worst about that. I played the entire career with injuries.” o He made a student athlete play injury. o Coach Ecarma “uses intimidating tactics” and “if you are injured, he treats

you like crap.” o “Pretty sure his motto is if you can open your eyes and breathe you can

play.” o The coach told a student athlete that he was done with him and his foot

and made him get a cortisone shot so he could play through an injury. o I had to get a cortisone shot because I was playing injured and had two

losses and the coach was mad about this. “He pressured me to say yeah” to getting the shot.

o Coach Ecarma would say, “He can get through this” and said “Steve [the trainer] was not always happy with the decision.”

o Coach made me play while I was in pain. He told me “I don’t care, take painkillers and play.” I took painkillers and played. I am still injured and now I might need surgery.

We asked Coach Ecarma who makes the final decision of whether or not a student athlete who is injured can participate in practices or games. He replied, “Sports Medicine.” He said they give him a report that instructs the coach on what is best for the athlete. The coach also said that he prepared a manual that includes a sports medicine report and things that he has done to foster a climate of health and help with the student athlete experience. We asked Coach Ecarma how often he tells the student athletes, who are injured, that they have to participate in practices or matches when it is against the recommendation of the trainer. He replied, “No” to this question and said if that were the case he would receive a formal written reprimand from the Director of Compliance and the Director of Sports Medicine. He further stated that he has never received a call from them or a reprimand and that this is the first he has heard of these questions. We asked Coach Ecarma how often he has told a student athlete, who is injured and requesting not to play, that it is just mental and that they need to play the match. He replied, “I don’t recall any comment like that." We asked Coach Ecarma how often he has witnessed a player get injured during a match and in a lot of pain and he told the player to go ahead and play through the injury. He replied, “I don’t recall any.” He explained in a tennis match, the player can default the match at any time and it is the player’s decision if he feels like he cannot go on. He said, “I would not recommend to any player who might further hurt themselves to be out there. It is not worth a win or lose for me to have a player further injure themselves.”


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We asked Coach Ecarma if he told the players at the beginning of the year that the word injury does not exist and that he does not want to hear them say that word. He replied, “I don’t recall that.” He further stated that his rule is that the players go to Sports Medicine every day until they are healthy. He spoke about the physical demands of tennis as a sport compared to other sports because of its long season, beginning in late August and post season ending in May. He also commented about the sport of tennis not having the options of substitution that other sports are allowed. We asked Coach Ecarma about specific student athletes who were injured during the season and what pressure he put on them to play through their injuries. He denied putting any pressure on them. We asked him if he told an injured student athlete, that he was going to play no matter what. He said, “That would be up to the trainers, not to me.” We asked him again if he ever made that comment to a student athlete, naming the specific student athlete. He replied, “I don’t recall saying anything like that, but again that’s not my jurisdiction. My jurisdiction is to play the players successfully that the trainers have cleared.” When asked about one specific student athlete, the coach stated the player “was cleared to practice and compete by the sports medicine trainer. He practiced with the team before the match and was even playing football after practice running and jumping at full speed. We won that match handily.” He said this player, “at any time during the match was allowed to "retire" and stop the match at any point without the approval of the Head Coach.”

• Ten individuals stated that Coach Ecarma pressured the sports medicine athletic trainers about the student athletes’ injuries and questioned their decisions regarding treatment and recovery of student athletes. In particular, Coach Ecarma focused this past season on the new trainer and during interviews we consistently were told that the coach would often bully and pressure him. In response, the new trainer reported feeling unable to go against the opinion of the coach. The following are some of the comments that were made when asking if the coach pressured the trainers to play an injured athlete against the advice of the trainer:

o “Rex has all the power and Aurelio (new trainer) can’t put you out of the game. He can say they shouldn’t be playing and Rex makes the final decision.”

o The trainer determines the injury and then goes to Coach Ecarma. The new trainer “feels pressured to let coach make the injury call. He diagnoses and treats but Rex was really able to manipulate him.”

o “Aurelio is bullied by Rex and he didn’t say anything.” o “A lot of the time Rex takes over on the medical side and tries to put his

opinion across.”


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We reviewed injury reports and related documentation prepared by the trainers and reviewed the manual prepared by Coach Ecarma. Our review of the injury reports and related documentation found that the trainers sometimes used words, like “recommend” or “suggest” in the reports to the coach about the status of the student athlete. We asked the head athletic trainer for the Men’s Tennis team about this and he told us it was to give the Coach Ecarma more autonomy and control with an injured student athlete and that this is different from how they communicate with other team coaches. We also reviewed a text that the new athletic trainer sent to the head athletic trainer about a student athlete’s injury. The text stated, “He was able to finish the match but in my opinion he should’ve been pulled.” We asked the season athletic trainer about the student athlete’s injury, his text to the head athletic trainer, and his communication with Coach Ecarma and the athlete. The new trainer told us that he spoke with the coach on the sideline during the match and told him, “I don’t know if this player can finish. He pressured me to allow him [the athlete] to finish the match.” The seasonal trainer said that he told the coach the student athlete could continue the match, but also talked with the athlete separately, standing away from the coach, to let him know that he does not have to finish the match. The seasonal trainer said, “It was hard to watch him play.” When we asked Coach Ecarma about whether he put pressure on the athletic trainers to do whatever it takes to release a student athlete to participate in practice or a game. He denied putting any pressure on them and said, “That’s their wheelhouse. That’s their expertise. …” and “I follow the script.”

• Eleven individuals confirmed that Coach Ecarma awarded student athletes who were not on the injury list. Individuals stated this happened on one occasion during the spring 2019 season. Student athletes who were not on the injury list received an Adidas shirt. The award was named after the new sports medicine trainer. The new sports medicine trainer reported that he was not comfortable with the coach giving out this type of award and was concerned that it would discourage student athletes from reporting injuries.

We asked Coach Ecarma if he established an award this season and gave the awards to the student athletes who were not on the injury list. Coach Ecarma responded that the award was to show support for Aurelio because it was his first job, his first team, and the coach felt as if the players were taking him for granted. He said it was also to award a couple of the guys who were faithfully going to the sports medicine trainers and getting themselves healed. He said, “I gave them a shirt for just saying hey these guys are doing the right thing.”

• Fourteen individuals stated that Coach Ecarma made student athletes participate in mandatory outdoor practices Tuesday through Thursday, March 5 through March 7 of spring 2019 when temperatures were near freezing. Individuals reported that the outdoor practices were to prepare them for an upcoming outdoor


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competition that weekend against Notre Dame when the temperature was projected to be above 50°F. We confirmed through weather.gov the temperature was a high of 32°F on March 5, a high of 35°F on March 6, and a high of 38°F on March 7. We also confirmed the temperature on March 10, the day of the competition, was a high of 62°F. The Intercollegiate Tennis Association rule is that matches shall be played outdoors unless the projected weather forecast (by weather.com) is for a minimum of two hours out of three- hour time period a high of less than 50°F or sustained winds of more than 20 miles per hour. There is no rule against practicing in temperatures below 50°F.

We asked Coach Ecarma how often he requires student athletes to practice outdoors when the temperature is below 50°F. Coach Ecarma responded that March 1 is the starting date for most collegiate sports for outdoors practices. He said that some of their most important matches are outdoors, so they try to get ready for those by practicing outdoors. He said during this time they were practicing outdoors to get ready for the Notre Dame outdoors match. He also commented that several other collegiate sports are outdoors practicing at this time, listing baseball, softball, track and field, lacrosse, and golf.

• Coach Ecarma disregarded the dietary needs and restrictions of the student athletes by not giving them enough time to eat between classes and practices during the week, by withholding food from them for several hours after an away match, and by not being considerate of their dietary restrictions.

o Seven individuals stated that Coach Ecarma does not give the student athletes enough time to eat during the week after class and before tennis practice. When speaking with student athletes, they said their last class ends around 12:15 pm and they are to be at practice by 12:30 pm. They said that they are penalized if they arrive after 12:35 pm. After practice, they go to the weight room for fitness. It was reported that they eat breakfast at 8 am and are not eating again until after 3 pm. The student athletes said they have mentioned this to the coach many times, but they feel he does not care and he told them to pack a sandwich and eat it on the way. We asked Coach Ecarma if concerns were reported to him about practice times and the student athletes not having enough time to eat lunch between class and practice and we asked him if he required them to be at practice at 12:30 pm for a 1 pm practice. We also asked him if they were penalized for showing up after 12:35 pm. The coach replied, “Our nutritionist has instructed them to pack nutritional snacks in their backpacks daily so they can eat throughout the day thus preventing mid-day hunger. I arrive on the court to start official practice at 1 p.m. I realize that a player can have class until 12:15 p.m. and I purposely gave them latitude to arrive when


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they can and warm-up sometime before 1 p.m. At times, even when they come after 1 p.m., one of the coaches will warm them up and they can participate in the drills of the official practice when they are ready to, which can be 1:30 or 1:45 p.m. I do not punish them. I respect that each athlete has a full schedule academically and athletically and I want to accommodate them to be successful in their 4 years with me.”

o Eight individuals reported that the coach withheld food from the student athletes after an away match against Notre Dame. We confirmed that the student athletes were on a road trip home in March 2018 from South Bend, Indiana to Louisville, Kentucky after a match against Notre Dame. They said the coach was upset with the team because they lost the match. They said they were starving after the game, but were afraid to say anything to him about stopping for food. They said that he ate snacks in the vehicle in front of them.

We asked Coach Ecarma if he made the student athletes wait several hours, during a road trip home from a Notre Dame match, before stopping to get them food. He replied, “I don’t remember that because it is four and half hours to get from South Bend to Louisville. So I don’t recall making anybody wait three and a half hours to four hours. I would be famished.”

o Eight individuals stated that Coach Ecarma selected restaurants and food

choices based on his preferences and gave no regard to the student athletes’ dietary restrictions. We confirmed with individuals that some of the student athletes have dietary restrictions, such as no gluten free or a kosher diet. Individuals we spoke with identified multiple occasions when the coach disregarded the dietary restrictions of the student athletes. Individuals also reported that the coach takes the student athletes to fast food places that have limited healthy choices and mainly fried food options. Some of the student athletes reported that Coach Ecarma is only concerned about where he wants to eat. We asked Coach Ecarma what knowledge he has about some of his student athletes having specific dietary needs or dietary restrictions. He replied, “I never had it in 28 seasons, but I think one of the players is, uh, gluten free and another player is kosher.” He said, “I’m not an expert.” He mentioned that they have a nutritionist, Becky Lindburgh who talks with the players weekly about their diet and gives them instructions on how to meet their dietary needs. We asked the coach if he has ever been insensitive and disrespectful to the student athlete’s about their dietary needs. He replied, “One, I wouldn’t even know how to be disrespectful to that and two the answer is no.”

2. Coach Ecarma made inappropriate comments that were discriminatory and biased based

on nationality, ethnicity, and gender. This behavior does not align with the university’s


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standards of conduct and commitment to being culturally diverse and inclusive of all individuals and is contrary to NCAA principle 2.6, The Principle of Nondiscrimination. Additionally, this type of behavior could lead to a violation of the university’s policy on discriminatory harassment. We interviewed multiple individuals about this allegation. The following are some of the comments that were made:

• “He makes jokes about ethnicity. He makes jokes about where the players are born.”

• The coach would say “Aurelio, he should get a burrito” or “his family might be here,” while passing by a Mexican restaurant.

• The coach would make comments about Aurelio liking to eat at Mexican restaurants and says if it were up to Aurelio, we would just eat burritos all the time.

• “When we drive by a burrito place [the coach makes jokes].” He makes the same jokes with Aurelio.

• The coach asked servants are going to do it for him [in context putting his bags on the scale at the airport].

• The coach asked a player, “How many Indians are going to walk in this building?”

• The coach would joke around. He said one time “whites are better than black people.”

• The coach would say, “Because ‘You’re soft.’” • Coach Ecarma says people are soft and he makes these jokes in their

presence. “He has no problem saying things in front of them.” • He talks about England and Muslims taking over. • Coach Ecarma makes fun of foreign people, if they are not able to speak clear

English. This happened to me last year. • The coach said, “I don’t watch women’s tennis, they’re terrible.” • The coach told us “Don’t be a girl.” • “In his mind women are under him.” • The coach told me we really wanted to hire a boy for this position, but your

resume was 10 times better than the others. • The coach says, “We don’t go to Panera Bread, only girls eat there.”

We asked Coach Ecarma what knowledge he has about individuals in the Men’s Tennis program making discriminatory comments about race, ethnicity, nationality, or gender. He replied, “I don’t have knowledge, but I do want to say on record I am a minority. I am an immigrant. I have recruited and graduated players from over 25 countries and 25 cultures and I have tremendous respect, not only respect, but appreciation for all nationalities and cultures.” We asked Coach Ecarma if he ever made discriminatory comments about race, ethnicity, nationality, or gender. He replied, “No, I have not.” Coach Ecarma was asked if he made the following alleged discriminatory comments about specific individuals:


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• During a tennis clinic at the tennis center did you ask a student athlete “How

many Indians are going to come through here?” He replied, “I don’t recall saying that.” Additionally, he said, “I have respect for all races.”

• Have you ever made a comment about Aurelio Puga or to him directly (who is Hispanic), that you bet he would like to get a burrito from there (there being a Mexican restaurant), while in a vehicle passing by that Mexican restaurant? He replied, “Well, I don’t recall saying anything like that. I respect Aurelio.” Additionally, he said, “You know, we as a team, have eaten at Hispanic restaurants before, but I don’t recall saying that before or being derogatory to someone I respect.”

• Have you ever commented to the student athletes and in front of Aurelio, “if it

were up to Aurelio, we would just eat at Mexican restaurants or just eat burritos all the time?” He replied, “I don’t recall that… I don’t think liking Hispanic food is a bad thing. I think many people like Hispanic food. I know I love Hispanic food.”

• Have you ever made similar comments to or about ? He replied,

“No, I don’t recall any comment like that.”

• Have you ever referred to student athletes from and said the “ He replied, “ is one of my players’ Instagram name.” Additionally, he said, “They often refer to each other as the .” He said, “I call them by their name, but they call each other ” Regarding calling the coach replied, “Well, I don’t recall that.

• Have you ever commented about Muslims to a student athlete or others, saying

we cannot let them take over? He replied, “Again, I mean, I don’t recall that. Our team is multi-ethnic and they’re young men growing into the world.”

• Have you made harassing comments to and about their ability to speak English? He replied, “Harassmant is a terrible thing to do and is not a part of my professional and personal philosophy. I have recruited, coached and graduated players from 32 different countries over the course of my 29 year career. My team has been represented by players that spoke different languages and came from diverse cultures.”

it is expected that this person communicated clearly to his teammates and coaches because with this privilege comes the responsibility of more meetings, understanding and conversations with people involved in the


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program. speaks fluently which I consider amazing. He is intelligent and speaks English very well. He can weave in and out of multiple languages seamlessly. he would need to speak in front of his teammates regularly thus the need to know English well which he has mastered” Specific to the coach replied,

We had no problem communicating with him during the entire recruiting process. The NCAA and UofL has comprehensive and detailed requirements for eligibility. A player needs a good understanding of English just to get the proper documents to the right people in the right way at the right time. This interaction of the eligibility process can last 2-3 months. fulfilled all the requirements and was eligible. He not only did well academically in this first semester, he was . My academic counselor and I were so proud of his continual improvement in English but how he acclimated to his new surroundings and very high standards. I even chose him to represent his teammates

and he could express himself clearly.”

• Have you ever told a female staff member that you would have preferred to hire a male for her position? He replied, “Never.”

3. Coach Ecarma mistreated student athletes and employees and engaged in bullying behavior while interacting with them. This behavior does not align with the university’s standards of conduct and is contrary to NCAA principle 2.2, The Principle of Student-Athlete Well-Being and bylaw 10.1 Unethical Conduct. We interviewed multiple individuals about the coach’s treatment and behavior toward student athletes and employees.

• Twelve individuals confirmed that Coach Ecarma has called the student athletes inappropriate and derogatory names. The following are some of the comments made:

o The coach told the players at the bleachers that practice was a “p*ssyf*st” and “You guys didn’t take your tampons out. You’re a bunch of b*tch*s.”

o The coach was mad at us and he called us “p*ss**s” and told us to “take our tampons out.” He suspended a player because he wasn’t giving a 100 percent at practice and called him a “m*th*rf*ck*r.”

o lost and coach said, “I’m not playing this n.”

We asked Coach Ecarma if has ever called the student athletes an inappropriate derogatory name. We specifically asked him if he called the student athletes p*ss**s. He replied, “I don’t recall.” He further commented, “That’s not the type of language that I use, but I don’t recall saying that to any player.” We asked the coach if he told them to take out their tampons. He replied, “No. I don’t recall any type of statement like that directed to any one of my 12 players.” We asked the coach if he referred to a student athlete as a m*th*rf*ck*r in front of other student


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athletes following the outdoor practice the week before the Notre Dame match in March 2019. Coach Ecarma replied, “I can’t recall at this point. I will have to look through my notes if I had any altercations with a player and describing them in that manner.” We sent this question as a follow-up item to Coach Ecarma and he responded, “That is not the language that I use because I believe players and coaches should communicate properly with each other.” He also stated, “I do not remember saying those words.” He mentioned that they practice 5 to 6 times per week, approximately 175 practices and “This is the first time since 1983 that I have been on campus as a player or coach that I have been accused of using a curse word. I believe that profanity is not needed to convey a teaching point or message.” We asked Coach Ecarma if he referred to as sh*t in public at an away match against Georgia Tech. He replied, “I don’t recall saying that. That was a bitter loss for us since that basically ended our hope for the NCAA tournament.” The interviewers were provided a video of the ending of the Georgia Tech match that showed an individual alleged to be Coach Ecarma throwing his hat on the ground and kicking it. We spoke with Coach Ecarma’s supervisor, the sports administrator, about his knowledge of the coach calling the players inappropriate names. He replied, “Only instance I’m aware of is we got an anonymous email about them playing in cold weather. The email said he referred to them as p*ss**s.” He said that he spoke to Coach Ecarma about the language and he admitted it. The sports administrator told the coach that the language is unacceptable and that he should apologize.

• Nine individuals stated that Coach Ecarma repeatedly asked the student athletes to practice and /or perform drills with one of his sons. During interviews, the student athletes told us that they did not feel like they had a choice when asked because it was the coach’s son. One student athlete even reported that some of them would receive extra gear if they practiced with his son. One individual reported to us that the coach made a student athlete, who was sick, practice with his son and told him it would not count as an official practice. It was also reported to us that the coach made an injured student athlete practice with his son and told him it would not count as an official practice.

We asked Coach Ecarma if he has ever told a student athlete that he has to hit or unofficially practice with his son, . He replied, “No.” We asked Coach Ecarma how often do the student athletes hit or practice with his son, . He replied, “Rarely.” He said, “My son is a nationally ranked player and a couple of them have asked maybe on one occasion to because the other players were busy…” and “I said it was up to if he wants to hit.”

• Thirteen individuals stated Coach Ecarma treated them (including student athletes, his staff, volunteer staff, and the assistant trainer) as his personal


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assistants by asking them to carry his personal luggage when the team was traveling. The individuals reported that it was not the fact he made them carry his luggage, it was the way he told them, in a condescending manner and tone. They said it did not matter if his luggage was on the top of the stack or the bottom of the stack; he still made them carry it for him. It was also stated that the coach did not help with carrying other items for the team and relied on the team to carry other items, such as equipment.

Individuals stated carrying his luggage was just one of the things that Coach Ecarma did and that he repeatedly picked on random student athletes each season by making jokes about their appearances and humiliating them in front of the other student athletes. One said, he repeatedly picked on a student athlete about his hair being messy. It was reported that it was not the fact that the coach commented about the student athlete’s hair being messy, it was the way he repeatedly brought it up multiple times to the student athlete and in front of the other student athletes. Individuals reported additional examples of the coach’s treatment of student athletes. They said the coach made comments to student athletes about their weight in front of the other student athletes. It was stated that he told one student athlete not to eat an entire city and he called another one fat. He made a student athlete get up from his chair during a meeting, so he could sit a laptop in the chair. The student athlete sat on the floor, while the other student athletes all had chairs. We asked Coach Ecarma who carries his luggage for him when he is traveling for an away game and has to go to the airport. He replied, “Me, but occasionally me and the assistant will go to the person, the group check in person, and our luggage … we just say hey guys, can somebody grab our stuff.” He also replied, “Usually, I’m the first person on the bus.” He said because of this his luggage is at the bottom of the stack and everyone else will stack their luggage on top of his. We asked Coach Ecarma if he asks or tells them, the trainer or student athletes, to carry his luggage. He replied, “I don’t recall unless I have a big box …. or unless both my hands are filled…” The coach explained that the equipment manager does not travel with the team, but will send equipment and supplies with them and the team will have to take turns carrying these items. We asked Coach Ecarma if he made a comment to a student athlete about his hair being messy. We provided Coach Ecarma with the name of the student athlete. He responded, “When we travel by plane it is expected that all players on the team wear a certain travel attire and present themselves and act in a way that would bring honor and respect to representatives of the men's tennis program and university. We strive to show that we represent ourselves in a first class way. I have allowed many different type of hairstyles in many lengths on my team with many different colors and fades. I feel that when we travel especially through airports we need to have the mindset that this is a business trip and one should comb their hair before they start this business trip where we are representing UofL.”


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• Ten individuals stated that they were afraid to report concerns to Coach Ecarma

or to report concerns about him because of the fear that he would retaliate against them. The following are some of the comments that were made to us during the interviews:

o “I did not go straight to Ecarma because I was afraid of him decreasing my playing time and/or scholarship at the time.”

o “I voice my opinion, but don’t feel comfortable arguing with him or having a strong opinion against him.”

o “I’ve brought concerns to Rex and he acts like the concerns are not really concerns.”

o “No chance. Coach would be the last person I would call.”

We asked Coach Ecarma about the environment in the Men’s Tennis program and if it is an environment that makes the student athletes and employees feel like they would be retaliated against for reporting concerns to him. Coach Ecarma replied, “Absolutely not. I’m the coach that recruited almost all of them.” He said that he is accessible before and after practice, has them over to his house, he brings his family around them, and tries to foster a family type of relationship. He further stated, “If they had any issue, if there was any type of confusion in anything I did or said, not only would they not be retaliated, I would want to know.” He said that if he did something wrong, he would want somebody to tell him. As part of his closing statement, he said he wanted to work on communication with the players and stated, “There will be no retaliation because of this suspension. I will take this team, just like I do any other team, with a fresh slate.” In a follow-up question, we asked Coach Ecarma if he told university employees that he believes his assistant coach is the ringleader and the reason for the internal administrative review. He did not answer the question, but responded to it by stating, “The reason for the internal administrative review is because a decision of a new Athletic Director to send the completely Athletics-related complaint to a department outside of Athletics.” He further commented that the Athletics department should have handled the complaint internally.

• Staff reported that Coach Ecarma requested employees to perform duties for his or his son’s benefit and that employees felt they could not refuse his requests. Two employees stated that Coach Ecarma asked a clerk to move gear from his office to his vehicle on one occasion and asked the same clerk to string his sons’ rackets. We confirmed this information through our interviews that Coach Ecarma had an employee take UofL gear from his office to his vehicle. We asked what type of gear. We were told shirts, sweatshirts, socks, hats, and shorts. It was also reported that on March 27, 2019 and May 2, 2019, the coach asked the employee to string rackets for at least one of his sons and he did not pay for the service. When interviewed, the employee confirmed he was asked by the coach and strung rackets for the coach’s sons about 20 times this season.


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We asked Coach Ecarma if he has ever taken university gear or equipment for his personal use or his family’s personal use. Coach Ecarma commented that he has an Adidas credit card that he can get whatever he wants for anyone. He further stated, “I am going to have to recall on that equipment one …” We asked Coach Ecarma if he has asked anyone at the tennis center to string a racket for one of his sons and whether he personally paid for it. He replied, “Well, I’m going to have to get back with you on that one as well. I’m going to have to talk to my son.” We sent these questions as follow-up items to Coach Ecarma. He responded to the follow-up items. He replied, “I have not taken gear or equipment for non-work use.” In response to if he has he asked anyone at the tennis center to string a racket for one of his sons and whether he personally paid for it, he replied, “My son knows how to string his racquets and does all of his racquets.”

4. Coach Ecarma made the student athletes participate in team activities beyond the maximum 4 hours per day and/or 20 hours per week, pressured the student athletes to engage in team activities on their scheduled days off, and rescheduled practices without giving 24-hour notice to the student athletes. These actions are potential violations of NCAA bylaws 17.1.7 Time Limits for Athletically Related Activities and 17.1.8 Student Athlete Time Management Plan.

• We confirmed through our interviews that some student athletes are required to attend 8 am ‘bird’ practices that last until approximately 8:50 am. These practices are in addition to the 12:30 – 3 pm practices and the 3 to 4 pm weight training sessions held on Tuesdays through Thursdays. This is in excess of the maximum 4 hours per day NCAA rule.

• We confirmed through our interviews that the coach would instruct the captains to have practices in addition to the standard practices. It was reported that the coach attended these practices and would watch and yell from the sidelines. It was also reported that these practices were supposed to be optional, but the coach would be mad at the student athletes if they did not attend them. These practices were potentially in excess of the 20 hours a week maximum.

• We confirmed through our interviews that the coach repeatedly made the student

athletes practice or participate in athletic related events on their days off. One individual reported that the coach told him that he “realizes it is his day off, but he knows how much he loves to practice and that he can go ahead and practice and they would still count that day as one of the student athlete’s days off.” Another individual reported that the coach made a student athlete participate in team picture media day on his day off. Another individual reported hearing the coach say that he does not care about whether a student athlete has to participate on team picture day on one of their additional days off. It was also reported that he told the assistant coach that he was going to have team meetings on NCAA required days off and that he is fine with getting a violation if someone finds out.


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• We confirmed through our interviews that the coach changed practices without giving the student athletes and assistant coaches 24-hour notice. They are supposed to get 24-hour notice for practice changes and 8-hour notice for some changes. Multiple individuals reported that the coach would have random Sunday practices that were scheduled for the mornings and then he would change them to evening hours not considering the students schedules. Individuals also reported that the coach scheduled optional hit practices at 10 am and would change the practice to mandatory 30 minutes before the practice. The student athletes said they would receive a text at 9:30 am stating that the optional hit is now mandatory. Additionally, multiple individuals complained about the coach repeatedly including all of them on an 8 am ‘bird’ practice schedule knowing not all of them would be attending it. It was reported to us that you cannot add individuals to the practice schedule within 24 hours per NCAA rule, but you can remove individuals from the schedule. However, this should not be a routine approach to scheduling practice. The student athletes said the coach abused this rule by adding all of them to the schedule and then the evening before letting them know who is required to attend the 8 am practice. The student athletes said this made it hard for them to plan for the next morning for school and other activities. One student athlete said, “so you never knew what your morning schedule would be like throughout the week.” We spoke with the assistant and volunteer coaches about the scheduling of the 8 am ‘bird’ practices. They both confirmed this information. It was reported to us that this occurs because the coach does not communicate with the assistant coach timely about who is to attend the practices.

• We spoke with a former volunteer coach who reported that the reason he left the program was primarily because of the issues with time management, the scheduling of practices, and the treatment of players. When we asked him about the time management plan and whether the head coach followed it, he replied, “There is a [time management] plan. Is it followed? Not all of the time. Maybe 60 percent of the time.” He further commented that the coach would repeatedly change practices based on his own agenda without regard for the other coaches and student athletes. He said the weekend practices were the ones he changed the most and that it was difficult to make any plans.

• We asked Coach Ecarma about his knowledge of the time management plan for

scheduling or making changes to the practices. He replied, “You know, my assistant and it is demarcated in a sheet in that manual. It is. He is responsible for inputting all of the hours of our practices, individuals, individual practices, and weight training practices in a program called TeamWorks.” He said, “When you input into that program, it goes directly to compliance. Compliance looks it over and makes sure the time is within the NCAA limitations.” Additionally, he said, “They monitor it daily. Then they move that to one or two team representatives to say did this time actually happen. Then they check it off. So if there was a day where, let’s just project that we went 25 minutes over. I would get a call from


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compliance the next day and say hey coach, I don’t know if you were looking at your watch, but you went 25 over. I’ve never, since we’ve had the time management plan, which is two or three years old, I’ve never gotten a call that said we went over by even a minute. But, the maximum that you could train players is four hours a day. To me that is more than enough. Most of my training days are two to two and a half hours. I really don’t stretch them to four. The only time I would stretch them anywhere close to our limitations is 3 hours and 30 minutes or something like that if my #11 or 12 player needs some extra reps to try to get himself into the line-up. I would not stretch out the guys that I’m playing that are in the starting line-up. Four hours are just more than enough.”

• Coach Ecarma was asked how much notice he gives to the student athletes and

assistant coaches when practices are canceled or rescheduled. He replied, “We deviated one time in four years and it was in mid-March when we I was approved by compliance to push a practice back due to weather related conditions. I think this maybe, like a reason or concern, because I don’t deviate much and it was Friday. We played, I think Notre Dame outdoors on Sunday and it had rained in the morning. The courts, when we started practice was still wet and it was a really overcast day and they were not drying. I said guys, they got a text, and that was the one time in four years that I had changed a practice like that, but you’re allowed by the NCAA rules if it is weather related.” Coach Ecarma could not recall what time he rescheduled practice for on Friday.

• We asked Coach Ecarma what knowledge he has about his staff submitting

practice schedules the night before an 8 am practice and including all of the student athletes on the schedule knowing some of the athletes will not have to participate in the practice? He replied, “Again, Jakob has his own system with TeamWorks. I don’t know the system with TeamWorks. In defense of Jakob, he probably put down all of the players that could theoretically do an 8 am on a Wednesday morning if they didn’t have class. Then on a Tuesday after practice we will talk to each player. Hey are you good for Wednesday morning? One player goes yes coach, look forward to it. Another player say no coach, I need rest. Third player say coach I’ve got a final exam. Then from that conversation that we have at the end of practice the day before. We decide from that list who we would expect for that Wednesday morning.” Additionally, he commented, “There’s times we didn’t even have practice at all. We say nobody come. We’re just going to chill out and have the morning off and rarely has that entire list ever came. It’s always a fraction of that list depending on where their at physically and academically.”

• We asked Coach Ecarma if he has ever told a student athlete to go ahead and

practice on one of their days off, but it will still be counted as a day off. He replied, “Never.”

• Additionally, we spoke with the associate athletic director of the Athletics

Compliance Office to discuss the allegations reported to us about the student


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athlete’s practice schedules and time management. We asked the director about the time management plan policy, what it covers, how it is communicated to the Men’s Tennis coaches, staff, and student athletes, the Athletics Compliance Office’s process for monitoring it, and the status of their annual review. The associate athletic director provided us with a copy of the policy and confirmed that the Athletics Compliance Office staff educates the coaches, staff, and student athletes about the policy at the beginning of each season. The policy addresses the notice requirements for scheduling required athletically related activities (RARA), the notice requirements for modifications to RARA, the types of circumstances, including weather related issues that can permissibly deviate from the normal scheduling policy, and the annual end-of-year review. The coaches, staff, student athletes, and sports administrator are required to review and sign the policy. At the end of the year, the Athletics Compliance Office conducts an annual review of the policy and reports their findings to the University’s president. The associate athletic director explained the annual review for Men’s Tennis is currently on hold pending the results of our review and findings.

We asked the associate athletic director how often the office reviews the teams practice logs submitted to them. The associate athletic director said they do a monthly monitoring report, at a minimum, which includes reviewing the countable athletically related activities logs. The director further commented that they stress to the coaches that the logs are supposed to be submitted weekly to them, but this is something that has not been fully complied with by select sports. The associate athletic director confirmed upon receipt of issuance of our findings the Athletics Compliance Office will continue their annual review of the time management plan and assess any violations by the Men’s Tennis team.

5. Coach Ecarma often withheld gear and equipment and the coaches of the Men’s Tennis

team were not transparent with prospective student athletes during the recruiting process about the amount of gear and equipment they would receive each year. We interviewed multiple individuals about the amount of gear and equipment distributed to the student athletes.

• Thirteen individuals confirmed the concerns related to the lack of gear and/or equipment provided to the student athletes on the Men’s Tennis team. The primary complaints amongst the student athletes were that they did not receive an adequate supply of gear and/or equipment for the season to participate in practices or to compete in matches and that they did not receive the total amount of gear and/or equipment that they were told and agreed to by a signed contract. They said they had to share their gear this past season with the new incoming student athletes because the Coach Ecarma did not give them enough gear for ACC matches. They said he held onto gear and made them earn it throughout the year; this created the need for some of the student athletes to borrow gear from others. They said some of them did not receive a winter jacket this season and others who did receive one, only received one after a complaint was made and the winter season was almost over.


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Multiple individuals complained that Coach Ecarma did not distribute enough shoes to the student athletes during the season and that this has been a problem in past seasons. They said the complaints about shoes are getting better now because the shoes are supposed to go through the equipment manager. Some individuals also complained about not receiving enough tennis rackets and at times had to share with their teammates.

• We reviewed the UofL Athletic Department’s policy on equipment and met with

the designated equipment manager about the distribution of gear and equipment. We found that the head coach may limit the amount of gear and equipment distributed to the student athletes based on need during the season. Additionally, the gear and equipment ordered for the season may be used in future seasons if it is not needed during the current season and it is not deemed obsolete. The equipment manager confirmed he is responsible for ordering equipment and gear, but the head coach has to approve the orders and distribution. He told us that he distributes the workout gear, court shoes, and tennis shoes to the student athletes in August. He said the student athletes receive three pairs of shoes in the fall and three pairs in the spring. He said some of the student athletes might receive more shoes if they wear their shoes out sooner than the other athletes do. He said the student athletes come directly to him to pick up their gear and they implemented this new process two years ago along with a new inventory system. He said the head coach still directs him on when to give out the apparel. We asked the equipment manager what knowledge he has about any concerns or complaints about the distribution of the gear or equipment. He said he had a complaint brought to him last year about the team not being provided winter coats until after the winter season. He said that he reminded the head coach several times that they had winter coats in stock. The equipment manager felt like the coach blamed him for the winter coats not being distributed timely because the coach made him feel like he did not remind him enough times.

• We requested a copy of the signed contract that allegedly lists the amount of gear and equipment the student athletes would receive as being part of the UofL Men’s Tennis team. This documentation was not provided; however, we did receive a list of items that is allegedly shared with the prospective recruits that outlines items the student athletes would receive at UofL in addition to a scholarship. We reviewed the list, which identified the following gear: All Adidas competition clothes (7 full outfits), All Adidas practice clothes (6 full outfits), Adidas shoes, winter coat, hoodie, wristbands, headbands, summer hats, winter hats, jacket, warm-up pants and top, spandex, long-sleeved shirts, and backpack. The list does not indicate if this is the amount of gear or equipment a student athlete would receive each year and it does not state how or when the gear or equipment would be distributed.

• We asked Coach Ecarma what discussion occurs between him and prospective

recruits about the amount of gear and equipment they would receive if they commit to UofL. He replied, “General stuff, meaning Adidas is our sponsor,


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meaning their uniforms and their shoes, their socks, and their warm-up outfits will be Adidas. They’ve got to be clear on that.” We asked Coach Ecarma if he provides them a written list of items during the recruitment process to let them know what they can expect to receive as a student athlete at UofL. The coach told us that the equipment manager distributes the gear and said that when he last asked the equipment manager about what is distributed to the student athletes when they first arrive on campus, he was told 8 pairs of shorts, 14 shirts, 2 jackets, 2 hoodies, 2 warm-up pants, 7 pairs of tennis shoes, 2 pairs of running shoes, 3 bags, socks, and wrist bands.

He further clarified this is what they start out with in the fall and then they get more in the spring. We asked Coach Ecarma if a list of gear and equipment exists that the student athletes can expect to get. He responded that he would have to look for that. We sent this follow-up question to Coach Ecarma. He replied, “At times, when a recruit specifically asks what Adidas will provide them. It includes bags, shoes, wamp-up suits, hoodie, warm-up jacket, shirts and shorts. Over the course of their 4 year careers, they [receive] more much more than is required. When I took them on a trip to Hawaii for a week none of the players ran out of Adidas gear.” We asked Coach Ecarma if he waited until February this year to provide the student athletes with a winter coat and if so, why. He replied, “That is the job of the equipment manager who receives the material from Adidas directly. I do not receive any material from Adidas directly. After he received them, he gets them embroidered with a Cardinal logo then distributes them to the team.”

6. Coach Ecarma has been given a large amount of gear during his 29 years as the head coach of the Men’s Tennis team. Additionally, he has been given gift cards over the years from Adidas that can range from $2,500 to $5,000 to purchase Adidas brand merchandise. There was insufficient evidence to determine whether the coach took gear and other items from the University for his personal use or his family’s personal use and without paying for them.

7. Coach Ecarma has attended recruiting trips for the University that have been on occasion at the same location as his sons’ tennis tournaments. We interviewed individuals about this allegation and reviewed associated travel documentation. We found insufficient evidence to determine whether Coach Ecarma scheduled University recruiting activities at locations based primarily on his sons’ tennis tournament locations and for his personal benefit and not for the benefit of the University.

8. On April 29, 2019, Coach Ecarma was provided a notice of immediate leave of absence on behalf of ULAA. Based on interviews, Coach Ecarma has been contacting the sports administrator on a daily basis by phone to obtain permission to be on campus and to ask about specific head coaching activities. The sports administrator confirmed this information.


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Recommendations Based on our findings, we recommend the following:

• Evaluate and determine appropriate disciplinary action up to and including termination for Rex Ecarma. Please consult with Human Resources, University Counsel and the VP for Risk, Audit, and Compliance when making this determination.

Please follow up with me or Jennifer Mudd regarding the status of completion of the above noted recommendations. You may also contact us with any questions or concerns specific to our findings outlined in this report. cc: Neeli Bendapudi

Amy Shoemaker John Carns Sandy Russell Jennifer Mudd Donna Ernst Matt Banker Audit, Compliance, and Risk Committee of the Board of the Trustees

university integrity and compliance office · 2019-08-20 · university integrity and compliance...

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