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NCAA infractions panel could not conclude academic violations in North Carolina case

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If the NCAA’s investigation into North Carolina were a college student, it would have graduated a semester early.

On Friday morning, three-and-a-half years – and three Notices of Allegation – after the NCAA opened an investigation into alleged academic impropriety by the North Carolina athletic department and seven years after investigators first began looking into the UNC football program, we finally got an answer.

The NCAA infractions panel could not conclude that North Carolina committed academic violations. What the panel found was two violations: “the former department chair and a former curriculum secretary failed to cooperate during the investigation.”

That’s it.

“While student-athletes likely benefited from the so-called ‘paper courses’ offered by North Carolina, the information available in the record did not establish that the courses were solely created, offered and maintained as an orchestrated effort to benefit student-athletes,” said Greg Sankey, the panel’s chief hearing officer and commissioner of the Southeastern Conference. “The panel is troubled by the university’s shifting positions about whether academic fraud occurred on its campus and the credibility of the Cadwalader report, which it distanced itself from after initially supporting the findings. However, NCAA policy is clear. The NCAA defers to its member schools to determine whether academic fraud occurred and, ultimately, the panel is bound to making decisions within the rules set by the membership.”

The NCAA was unable to determine whether or not academic fraud occurred at North Carolina due to an NCAA principle that states that individual member schools are responsible for policing themselves. It is on the school itself to determine if academic fraud is happening on their campus.

Beyond that, the NCAA also determined that the paper classes were not impermissible benefits.

“While student-athletes likely benefited from the courses, so did the general student body,” said Sankey. “Additionally, the record did not establish that the university created and offered the courses as part of a systemic effort to benefit only student-athletes.”

The panel also determined that North Carolina did not fail to monitor or lack institutional control over the athletic department.

The NCAA charged North Carolina with five Level I violations, including a lack of institutional control, although none of the coaches at the school – including Roy Williams – were charged with any wrongdoing.

The focus of the investigation were independent study-style courses in the African and Afro-American Studies (AFAM) department. They were identified as lecture classes, but the classes didn’t actually meet. They only required a research paper or two, and the NCAA alleged that the typically high grades were used to keep athletes eligible.

Former U.S. Justice Department official Kenneth Wainstein released an independent investigation into the scandal, and by his estimate more than half of the 3,100 students that enrolled in those course from 1993-2011 were Tar Heel athletes.

The football program was sanctioned in March of 2012 in the NCAA’s initial case, but in the summer of 2014, the investigation was reopened. North Carolina received the first Notice of Allegations in May of 2015, with subsequent NOA’s arriving in April and December of 2016. The main difference in the three was how the NCAA viewed some of the academic issues. Initially, they were considered improper benefits – access to courses and assistance in those courses not available to regular students – but that charge was removed in the second NOA only to be refiled in the third.

UNC has challenged the NCAA’s jurisdiction in this matter. They contend that this is a school issue, one that should be handled by its accreditation agency – they already hit the school with a year of probation. UNC’s argument, which will likely be the crux of their appeal, is that the NCAA is overstepping their jurisdiction. The NCAA enforcement staff countered in a July filing: “The issues at the heart of this case are clearly the NCAA’s business.”

UNC also argued that athletes did not receive special treatment since the classes were open to the public while challenging the number of athlete enrollments Wainstein came up with. He counted athletes who were no longer team members. The accurate figure is less than 30 percent, the school said.

The Associated Press contributed to this report.

Christian Vital going back to UConn for junior season

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Dan Hurley is keeping his roster intact at the top.

Christian Vital, UConn’s second-leading scorer a season ago, is returning to school after declaring for the NBA draft without hiring an agent, he announced Monday via social media.

“Great Talk Today Coach! Appreciate The Wisdom You Have Let Me In On!” Vital wrote “I Think It’s Time To Get Back To Winning Ways In Storrs! I’m Going To Need That #1 Back ASAP! WE GOT (UNFINISHED) BUSINESS!”

The 6-foot-2 junior-to-be Vital joins Jalen Adams, who was the Huskies’ top-returning scorer, back in Storrs in Hurley’s first year. Vital averaged 14.9 points on 38.3 percent shooting. Adams previously announced he would return to school without declaring for the draft.

The return of UConn’s top two scorers underscores an even bigger trend under Hurley as the Huskies appear to have avoided any major defections from last year’s roster despite the coaching change.

UConn is coming off a 14-18 season that proved to be the last of coach Kevin Ollie’s six years with the Huskies that included a national championship but also back-to-back losing seasons.

Chris Silva returning to South Carolina for senior season

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South Carolina is getting an first-team all-SEC performer back.

Chris Silva, who led the Gamecocks in scoring and rebounding last season, is returning to school after declaring for the NBA draft without hiring an agent, the school announced Monday.

“I’m thankful for the experience of going through the draft process,” Silva said in a statement. “I want to thank all of the teams that gave me the opportunity to workout for their organization. I’m excited to announce that I’m returning to South Carolina for my senior season. I can’t wait to get back on the court with my brothers and continue to work on my game.”

The 6-foot-9 Silva, who did not get an NBA draft combine invite, averaged 14.3 points and 8 rebounds per game as a junior.  He shot 46.7 percent from the floor.

“Going through the evaluation process was an unbelievable experience for Chris and us,” South Carolina coach Frank Martin said in a statement. “He comes back to a place he loves with some knowledge on some of the things that we have to help him improve on in his efforts to one day fulfill his lifelong dream of playing in the NBA.”

In addition to being South Carolina’s leading scorer, he was the SEC co-defensive player of the year last season after averaging 1.4 blocks per game. His return to Columbia gives the Gamecocks a potential contender for SEC player of the year in 2018-19.

Kansas fires athletic director Sheahon Zenger

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Kansas has fired athletic director Sheahon Zenger, effective immediately, citing a lack of progress in key areas within the athletic department.

“Sheahon has been a loyal Jayhawk, and our athletics department has improved in many areas under his leadership,” Kansas Chancellor Doug Girod wrote in an email to KU faculty and staff. “But athletics continues to face a number of challenges, and progress in key areas has been elusive. To achieve the level of success we need and expect, I have determined a change in leadership is necessary.”

Zenger had been in the role of AD since 2011.

The issue, of course, is not the play of the Kansas basketball program. The Jayhawks have won every Big 12 regular season title since 2004, and head coach Bill Self has taken the program to two Final Fours since Zenger was hired.

The football team is still a disaster, but one can’t help but wonder whether or not the real issue at hand here is Kansas’ getting tied into the FBI’s investigation into college basketball.

The Jayhawks were not mentioned in the initial indictments that were handed down, but Kansas was a central figure in the superseding indictments that were dropped after the national title game. The mother of Billy Preston, who did not play for the Jayhawks this season, was alleged to have been funneled $90,000 by Adidas, while Silvio De Sousa’s status is currently in question after the FBI alleged his guardian was paid at least $20,000 to help offset money that the family had already accepted from a rival shoe company.

All of that came in the aftermath of dealing with Cheick Diallo and Cliff Alexander, both of whom had their one season in Lawrence reduced due to off the court issues.

“Since becoming chancellor, I have spent countless hours with higher education peers and Jayhawks to hear their perspective on KU,” Girod wrote. “A common thread in these conversations is that, as a major public university with national aspirations, we must continue to strive for excellence in all areas — including athletics. As I have said many times, a successful athletics department is inextricably linked to our broader mission as a flagship research university.”

Louisville, ex-AD Tom Jurich reach $4.5M settlement

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LOUISVILLE, Ky. — The University of Louisville has reached a $4.5 million settlement with former athletic director Tom Jurich, who was fired in the wake of a national federal corruption investigation of college basketball.

Jurich disputed his Oct. 18 firing for cause after nearly 20 years as AD and had considered suing the school. The University of Louisville Athletic Association and Board of Trustees on Friday approved the settlement. Jurich’s employment ended “without cause” as a result of his resignation, also described in the settlement as “retirement.”

He’ll also receive another $2.6 million in accrued employment benefits, along with home game tickets and parking for Louisville football and basketball for 20 years.

An audit of the University of Louisville Foundation released last June showed that Jurich averaged annual compensation of more than $2.76 million from 2010-16, including more than $5.35 million in 2016.

Then-interim president Greg Postel had placed Jurich on paid administrative leave in September after the school’s acknowledgement of its involvement in the investigation. Trustees voted 10-3 to fire Jurich, two days after the ULAA unanimously fired Hall of Fame men’s basketball coach Rick Pitino.

The former AD said in a joint statement that he “spent the better part of my career” working with dedicated athletes, coaches and staff to elevate Louisville. He added, “I am proud of what we accomplished, which is well documented.”

Jurich’s legal team had stressed that the ex-AD did nothing illegal and hadn’t violated NCAA rules.

Trustee chairman J. David Grissom said in the statement that “Everyone is pleased that this matter has been successfully resolved. All parties can move forward to begin the next chapter.”

Jurich played a major role in Louisville’s success on the field and how the school handled issues off it. He led the school’s 2014 entry into the Atlantic Coast Conference and oversaw numerous program and facility upgrades, including a $63 million expansion of the football stadium due for completion by fall.

He also hired several successful coaches including Pitino, who guided the Cardinals to the 2013 NCAA men’s basketball championship. Louisville ultimately vacated that title in February as part of NCAA penalties for a sex scandal after an escort’s book allegations that former basketball staffer Andre McGee hired her and other dancers to strip and have sex with players and recruits.

Pitino has filed a $38.7 million federal lawsuit against Louisville, alleging breach of contract.

Georgia Tech’s Okogie to sign with agent

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Georgia Tech guard Josh Okogie, one of the big winners from this past weekend’s NBA combine, announced on Monday that he will be signing with an agent and remaining in the NBA Draft.

The 6-foot-4 Okogie finished his sophomore season averaged 18.5 points and shooting 38.4 percent from three. The numbers he posted during the athletic testing at the combine, as well as his 7-foot wingspan, makes Okogie an ideal 3-and-D wing at the NBA level.

“Josh is a tremendous young man and an excellent student-athlete,” said head coach Josh Pastner. “He has set a tremendous example, making the Dean’s List this past semester, and deserves a lot of credit for making himself a much better player over the course of his two years here. We will miss him in our program in many respects, from his performance on the court to the energy he plays with and brought to our team. We fully support his decision to take this next step, and wish him all the best.”