A former SUNY Brockport registrar has submitted a written statement disputing part of the NCAA's findings in the case involving longtime wrestling coach Don Murray.
According to correspondence received by Armdrag, Peter Dowe, former registrar at Brockport State, believes one of the violations cited by the NCAA was incorrectly applied regarding wrestling physical education courses that had long been part of the college catalog and open to all students.
Dowe stated that if there are any questions regarding the matter, readers may contact Don Murray’s attorney, Gerald Walsh, at 716-855-3200.
The full statement from Dowe appears below, reprinted as submitted:
Coach,
I found the article that you mentioned on Armdrag.com, but did not see a way to post a response. I am sending you what I am willing to put in writing.
The NCAA Public Infractions Decision date January 14, 2022 states that you were in violation of the NCAA Division III Bylaws
In the introductory statement “Brockport agreed that from the 2017-18 through the 2020-21 academic years, the head coach taught two physical education wrestling courses—introductory and intermediate wrestling—that resulted in impermissible athletically related activity. Over the four-year period, 89 percent of the course enrollment was comprised of wrestling student-athletes, and non-student-athletes were often not permitted to engage in wrestling drills. Stated succinctly, the head coach used his physical education courses to conduct practice. The COI concludes that the violations are major.”
“III. PARTIES' AGREEMENTS The participating parties jointly submitted an SDR that identified an agreed-upon factual basis, violations of NCAA legislation and type of violations.2 The SDR identified:
1. [NCAA Division III Manual Bylaws 17.1.1 and 17.1.5 (2017-18 through 2020-21); 17.27.2 (2017-18 through 2019-20); and 17.29.2 (2020-21)] (Major) Brockport and the enforcement staff agree that from at least the 2017-18 through 2020-21 academic years, the head coach impermissibly conducted athletically related activities under the guise of a physical education class outside of the institution's declared playing season. Specifically, between the fall of 2017 through 2020, the head coach encouraged incoming freshman wrestling student-athletes to enroll in introductory and intermediate wrestling courses with curriculum designed and taught by the head coach. As a result, approximately 89% of the wrestling class enrollment was comprised of wrestling student-athletes. The head coach used this course to acclimate incoming wrestling student-athletes into the wrestling program and better prepare for the season.”
As the former Registrar at SUNY Brockport (2002 – 2024), it is my opinion that the NCAA Committee on Infractions did not properly consider all parts of Article 17 of the Bylaws. Specifically, Article 17.02 Definitions and Applications.
17.02 Definitions and Applications.
17.02.1 Athletically Related Activities.
17.02.1.1 Athletically Related Activities. The following are considered athletically related activities:
(a) Practice, which is defined as any meeting, activity or instruction involving sports-related information and having an athletics purpose, held for one or more student-athletes at the direction of, or supervised by, any member or members of an institution's coaching staff.
(d) Participation in a physical-fitness class (including a summer class) conducted by a member of the athletics staff not listed in the institution's catalog and not open to all students. Such a class may not include practice activities conducted under the guise of physical education class work;
Article 17.02.1.1.d specifically defines an Athletically Related Activity as (d) Participation in a physical-fitness class (including a summer class) conducted by a member of the athletics staff not listed in the institution's catalog and not open to all students.
Both Beginning and Intermediate Wrestling classes were and had been since the time when I joined the Office of Registration and Records (1992) open to all students and appeared in the printed and later digital catalogs. Based on this information, the NCAA’s statement that 89% of class enrollment was made up of wrestling student-athletes is misrepresentative since 17.02.1.1.d does not make a numerical distinction.
Additionally, early on in my role as the Registrar, I read this section of the Bylaws to make sure that SUNY Brockport was not violating NCAA rules. Based on the fact that these two courses and any of the other sports related courses SUNY Brockport offers were open to all students and appeared in the College Catalog, I believed that the institution was in compliance with NCAA regulations.
I also believe that it was common knowledge among the Athletics Department staff that student-athletes from various teams enrolled in these activity courses. It should also be noted that the Physical Education Teacher Certification program require a number of intermediate sports related activity courses to successfully complete SUNY Brockport Physical Education major requirements and New York State Teacher Certification requirements.
Student-athletes were not prohibited from enrolling in the activity course that they also participated in on the intercollegiate level.
Peter Dowe
Registrar Emeriti