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UNC’s response to allegations details NCAA procedural errors

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The NCAA investigation into the academic fraud that occurred at North Carolina has gone on seemingly forever, but, according to the News & Observer, we may now know why it’s August of 2016 and a resolution appears to be months, if not years, away.

First, a quick timeline: North Carolina received their initial Notice of Allegations in the spring of 2015 and had a deadline of early August of the same year to respond. But that response never came. Instead, in April of 2016, the NCAA sent out an amended Notice of Allegations, and that new NoA was noticeably missing a number of things: Any mention of Roy Williams, any mention of the men’s basketball team and any mention of impermissible benefits; initially, the NCAA had ruled that academic advisors directing student-athletes into the bogus classes constituted an impermissible benefit. Knowledge of the fake classes was not known to the student body at-large, the thinking went, so enrollment in those classes was a benefit that was available to a normal UNC student.

You can make a fairly cogent argument that, by definition, that’s an impermissible benefit being provided by the athletic department.

Except, according to North Carolina’s response, the NCAA had already made a ruling on this.

(Again, props to Andrew Carter for picking up on something a lot of us missed.)

From the response the NCAA sent in to the NCAA on Monday and made public on Tuesday:

On March 5, 2013, the then Managing Director of the AMA responded to the enforcement staff in no uncertain terms. He wrote, “There are always concerns with aberrant classes comprised of a significant number of student-athletes in comparison with non-athletes; however, there is nothing definitive in the report [provided by the University] that would validate that there was a systematic effort within the African and African American Studies department motivated by the desire to assist student-athletes with maintaining their eligibility, either in how the courses were created, taught and/or how the grades awarded.” (See Exhibit JUR-5.) AMA’s conclusion confirmed that the NCAA itself had concluded that the anomalous courses and the other academic irregularities in the Department did not violate NCAA rules. (Emphasis added)

The report that the Director of the AMA is referencing is the Martin Report, which was such a train wreck that UNC had to commission the Wainstein Report, which is what provided the most damning evidence of UNC athletics targeting the fraudulent classes to keep kids eligible. What matters there, however, is that the AMA determined this “did not violate NCAA rules”.

The footnote to that blurb is even more interesting:

It is worth noting that the University discovered the exchanges related to the enforcement staff’s request and AMA’s response long after the fact, and purely by happenstance on July 13, 2015. Despite the fact that the enforcement staff had previously represented that the University’s outside counsel could access all materials relevant to the investigation via a secure website, these materials were not included, contrary to the requirements of Bylaw 19.5.9. They were discovered by the University only because its representatives traveled to the national office to review the physical files personally. (Emphasis added)

One of the major talking points after the release of UNC’s response was ‘Why?’ Why is North Carolina trying to play hardball with the NCAA? Why aren’t they self-imposing menial sanctions to try and appease ‘Mark Emmert and The Overlords’? Why is the tone of this response somewhere between “stick to sports” and “come at me, bro”?

That footnote may be the ‘Why’.

Because, the way this reads, UNC is essentially saying that the NCAA had determined in 2013 that no NCAA rules were broken then tried to hide that fact from the university, which is against their own bylaws.

That’s not a good look.

Louisville challenges NCAA over recruiting allegations

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LOUISVILLE, Ky. — Louisville has refuted NCAA allegations against its men’s basketball program in the wake of a federal corruption scandal, requesting that the highest-level violation be reclassified.

The university also is challenging that former coach Rick Pitino failed to promote an atmosphere of compliance in his program.

Louisville filed a 104-page response last week to the Notice Of Allegations sent to the school in May. The document stated that college sports’ governing body seeks to ignore wire fraud convictions against several people involved in the scheme – including a former Adidas executive – by suggesting they were representing its athletic interests. Louisville’s contract with the apparel maker was a standard sponsorship agreement rather than a promotional deal, the response added.

“This argument is as novel as it is wrong,” the school wrote in its response. “Even if an institution has some responsibility for the conduct of its suppliers, that responsibility plainly does not extend to acts of fraud perpetrated against the institution itself.”

Louisville also seeks to have several second-tier violations reclassified even lower. The NCAA has until Nov. 15 to respond with the school responding 15 days after before a decision is made whether the case will proceed through the traditional Committee on Infractions or Independent Accountability Review Process (IARP).

The NCAA’s Notice of Allegations states that Louisville committed a Level I violation, considered the most severe, with an improper recruiting offer and extra benefits along with several lesser violations. Those lesser violations also include Pitino failing to promote an atmosphere of compliance.

The NCAA notice completed a two-year investigation following a federal corruption probe of college basketball announced in September 2017. Louisville acknowledged its involvement in the federal investigation related to the recruitment of former player Brian Bowen II. Pitino, who’s now coaching Iona, was not named in the federal complaint and has consistently denied authorizing or having knowledge of a payment to a recruit’s family.

Louisville has previously indicated it would accept responsibility for violations it committed but would contest allegations it believed were not supported by facts. The school also noted corrective measures taken in the scandal’s immediate aftermath, such as suspending and then firing Pitino and athletic director Tom Jurich.

Louisville also dismissed the NCAA’s contention that former Adidas executive James Gatto and amateur league director Merl Code represented the school while funneling illegal payments to recruits at several schools.

“The enforcement staff’s remaining allegations lack factual support and overread the relevant Bylaws,” the response stated, “and rest on the erroneous contention that the conspirators were representatives of the University’s athletics interests.

“For these reasons and others set forth, the panel should reject the enforcement staff’s dramatically overbroad theory, and classify this case as involving a Level II-Mitigated violation.”

Bubbles brewing with season on horizon

Brian Spurlock-USA TODAY Sports
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INDIANAPOLIS — With the coronavirus pandemic already forcing changes for college basketball, a bubble may be brewing in Indianapolis.

Indiana Sports Corp. released a 16-page proposal Friday that calls for turning the city convention center’s exhibition halls and meeting rooms into basketball courts and locker rooms. There would be expansive safety measures and daily COVID-19 testing.

The all-inclusive price starts at $90,000 per team and would cover 20 hotel rooms per traveling party, testing, daily food vouchers ranging from $30-$50 and the cost of game officials. Sports Corp. President Ryan Vaughn said the price depends on what offerings teams or leagues choose.

“The interest has been high,” Vaughn said. “I think as conferences figure out what conference and non-conference schedules are going to look like, we’re we’re a very good option for folks. I would tell you we’ve had conversations with the power six conferences, mid-majors, it’s really kind of all over the Division I spectrum.”

Small wonder: The NCAA this week announced teams could start ramping up workouts Monday, with preseason practices set to begin Oct. 14. Season openers, however, were pushed back to Nov. 25 amid wide-ranging uncertainty about campus safety and team travel in the pandemic.

There is already scrambling going on and some of the marquee early-season tournaments have already been impacted.

The Maui Invitational will be moved from Hawaii to Asheville, North Carolina, with dates still to be determined and organizers clear that everyone involved “will be in a bubble environment that limits their movement and interaction outside the venue.” The Batttle 4 Atlantis has been canceled. The Cancun Challenge will be held in Melbourne, Florida, not Mexico.

More changes almost certainly will be coming, including what to do with the ACC-Big Ten Challenge.

“I think we’re past the guesswork on whether we play 20 conference games or more than that,” Purdue coach Matt Painter said Friday. “We’re trying to get everybody set like in terms of MTEs (multi-team events), figuring out when to play the ACC-Big Ten challenge.”

Painter, who was part of the NCAA committee that recommended how to start the season, noted part of the uncertainty stems from differing protocols imposed by campus, city and state officials.

In Indianapolis, Vaughn believes the convention center, nearby hotels, restaurants and downtown businesses, many within walking distance of the venue, could safely accommodate up to 24 teams. The 745,000-square foot facility would feature six basketball courts and two competition courts.

Anyone entering the convention center would undergo saliva-based rapid response testing, which would be sent to a third-party lab for results. Others venues could be added, too, potentially with more fans, if the case numbers decline.

If there is a taker, the event also could serve as a dry run for the 2021 Final Four, also slated for Indy.

“It’s not going to hurt,” Vaughn said. “I can tell you all the planning we’re doing right now is the same for a Final Four that’s been scheduled here for any other year. But it would be nice to have this experience under our belt to see if it can be done.”

Maui Invitational moving to North Carolina during pandemic

Brian Spurlock-USA TODAY Sports
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ASHEVILLE, N.C. — The Maui Invitational is moving to the mainland during the coronavirus pandemic.

One of the premier preseason tournaments on the college basketball schedule, the Maui Invitational will be played at the Harrah’s Cherokee Center in downtown Asheville, North Carolina.

Dates for the tournament announced Friday have yet to be finalized. The NCAA announced Wednesday that the college basketball season will begin Nov. 25.

This year’s Maui Invitational field includes Alabama, Davidson, Indiana, North Carolina, Providence, Stanford, Texas and UNLV.

All teams, staff, officials, and personnel will be in a bubble environment that limits their movement and interaction outside the venue.

Burton eligible at Texas Tech after 2 seasons at Wichita State

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LUBBOCK, Texas — Junior guard Jamarius Burton has been granted a waiver from the NCAA that makes him eligible to play this season for Texas Tech after starting 52 games the past two seasons for Wichita State.

Texas Tech coach Chris Beard announced the waiver Thursday, which came five months after Burton signed with the Big 12 team.

Burton has two seasons of eligibility remaining, as well as a redshirt season he could utilize. He averaged 10.3 points and 3.4 assists per game as a sophomore at Wichita State, where he played 67 games overall.

Burton is from Charlotte. He helped lead Independence High School to a 31-1 record and the North Carolina Class 4A state championship as a senior there.

NCAA season set to open day before Thanksgiving

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The NCAA men’s and women’s basketball season will begin on Nov. 25, the day before Thanksgiving.

The Division I Council voted Wednesday to push the start date back from the originally scheduled Nov. 10 as one of several precautions against the spread of coronavirus.

The later start date coincides with the decision most schools made to send students home from Thanksgiving until January out of concern about a potential late-fall and early-winter flareup of COVID-19. Closed campuses could serve as a quasi bubble for players and provide a window for non-conference games.

The maximum number of regular-season games has been reduced from 31 to 27. The minimum number of games for consideration for the NCAA Tournament was cut from 25 to 13.

Teams can start preseason practices Oct. 14 but will be allowed to work out 12 hours per week beginning Monday.

No scrimmages against other teams or exhibitions are allowed.

In other action, the council voted to extend the recruiting dead period for all sports through Dec. 31. In-person recruiting is not allowed during a dead period, though phone calls and other correspondence are allowed.

The men’s and women’s basketball oversight committees had jointly recommended a start date of Nov. 21, which would have allowed for games to be played on the weekend before Thanksgiving. The council opted not to do that to avoid a conflict with regular-season football games.

The council is scheduled to meet again Oct. 13-14 and could delay the start date and change other pieces of the basketball framework if circumstances surrounding the virus warrant.