UNC Response to Amended NOA

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Mark Gastineau

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http://3qh929iorux3fdpl532k03kg.wpe...oads/2016/08/ANOAExecutive-Summary-080216.pdf

Executive Summary
University Response to NCAA’s Amended Notice of Allegations
August 2, 2016

The Next Step in the Journey

Carolina’s response to the NCAA’s Amended Notice of Allegations (ANOA) is an important event in a painful six-year chapter of the University’s history. We have accepted responsibility for what happened in our past and made numerous apologies to our campus community, to the citizens of North Carolina, and to all those who care about the institution. We have taken strong action steps to hold individuals accountable and to implement more than 70 wide-ranging initiatives to ensure confidence in our future.

The nature and scope of the academic irregularities that were discovered in 2011 are well documented in public reports from numerous internal and external investigations, and we voluntarily reported the irregularities to the NCAA and the University’s academic accrediting agency, the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC).

Since the academic irregularities were discovered, the University has worked tirelessly to implement expansive actions and initiatives in undergraduate admissions, academic advising, academic oversight, institutional compliance and other areas to reduce the likelihood of recurrence and ensure integrity. SACSCOC, which oversees academic standards, conducted two comprehensive reviews of the University’s reforms and initiatives and, in June 2016, removed the University from a year-long probation and maintained its accreditation.

It would be easy to think then the University’s response to the ANOA is a discussion of all that has been widely reported since 2011. It is not.

The question before the NCAA Committee on Infractions is not whether the University or those affiliated with it failed to meet the appropriately high expectations set by the institution itself, its accreditor or others. The question is whether the matters raised by the ANOA meet the jurisdictional, procedural and substantive requirements of the NCAA constitution and bylaws—rules that govern athletics, not academic quality and oversight. The University has taken extraordinary steps to uphold its academic standards, and SACSCOC has affirmed our compliance with those standards. Therefore, our response to the ANOA is narrow in scope, focusing on allegations and issues specific to the NCAA.

The Response

Our response to the ANOA addresses the scope of the NCAA’s regulatory authority as stated in its bylaws. This case involves core institutional issues—academic issues—not covered by the NCAA’s bylaws. It also looks at issues regarding fairness and consistency and the NCAA’s statute of limitations.

The response reviews the NCAA’s decision about Carolina in 2012 and explains how, by rule, that decision is final and binding. Finally, the document addresses each specific allegation and presents Carolina’s response point by point.

We are asking the Committee on Infractions for a fair and impartial judgment on each specific allegation based solely on the governing bylaws of the NCAA—not on factors outside those bylaws.

Moving Forward

The University has worked with the NCAA and embraces the NCAA principle that the enforcement program is a cooperative undertaking of all members to properly regulate intercollegiate athletics. Similarly, we worked in full cooperation with SACSCOC to demonstrate our compliance with the association’s academic standards.

Throughout this entire process we have been committed to transparency, and all of our reviews, reports, actions and initiatives are posted onhttp://carolinacommitment.unc.edu.

While the past several years have been difficult, the necessary scrutiny and self-examination has put us in a better place. Carolina is moving forward a stronger University
 

Mark Gastineau

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Gas since you are an attorney do you think you could translate that response so we common folk can understand it.:D OFC
They're basically saying the NCAA doesn't have jurisdiction over the claims it has made in the amended NOA. It's a procedural argument that doesn't touch the substance of the allegations against UNC. Essentially, UNC's attorneys are claiming these allegations are beyond the NCAA's authority. That's the gist of what I got from skimming it for a few minutes.
 

skysdad

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They're basically saying the NCAA doesn't have jurisdiction over the claims it has made in the amended NOA. It's a procedural argument that doesn't touch the substance of the allegations against UNC. Essentially, UNC's attorneys are claiming these allegations are beyond the NCAA's authority. That's the gist of what I got from skimming it for a few minutes.


Thanks. You can sweep the dirt under the rug but it's still there. OFC
 
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OldasdirtDevil

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Wow, I didn't realize Dsouthr worked for a law firm.


OFC
 

Dukesince90

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Great to see you back Mr. Dirt! I hope your family is doing well.
I don't post much, but I always enjoy your perspective on things.
 
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skysdad

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They're basically saying the NCAA doesn't have jurisdiction over the claims it has made in the amended NOA. It's a procedural argument that doesn't touch the substance of the allegations against UNC. Essentially, UNC's attorneys are claiming these allegations are beyond the NCAA's authority. That's the gist of what I got from skimming it for a few minutes.



I wonder if hof coach roy williams had to get an attorney to dumb it down for him like gas did for me. :D OFC
 

DukeDenver

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NCAA bungled this on purpose. UNC skates, but will live on as cheaters nonetheless. Oh well.
 

Showenuff

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We’ll have more later but for now here’s a quick response to UNC’s response to the NCAA’s Amended Notice of Allegations. Basically it’s this:

Yeah, we did it, you don't have jurisdiction, so piss off.


That pretty much sums it up.

The best part is UNC’s suggestion that the NCAA’s statute of limitations had run out (this was in an earlier version of the article linked above).

Somehow UNC failed to point out that a) the university consistently dragged this out, preferring obfuscation to transparency, and b) that the delay when UNC self-reported two new violations in 2015 pushed the day of reckoning back even further.

So basically the reason why UNC is challenging the statute of limitations is that UNC chose to make things take this long. Talk about chutzpah.

UNC can now replace the old joke which defines chutzpah as a guy who kills his parents then throws himself on the mercy of the court because he’s an orphan.

This is even richer.

As UNC whistleblower Mary Willingham said, UNC has protected the brand at all costs. Men’s basketball got to compete for a national championship (thanks to Villanova, they didn’t get that bit of undeserved glory) and football hasn’t really been punished at all.


Women’s basketball is going to get clobbered but the brand has been protected.

Our joke here has been that UNC now is really, or may as well be, UNLV-Chapel Hill. Theres not much difference between what happened at Vegas under Jerry Tarkanian and what happened at UNC over nearly two decades, except that Tark was at least honest. He knew his kids weren’t all college-level students. He figured if he could teach them a little they were at least better off.

UNC hasn’t had even that level of honesty, much less humility.

The UNC we thought we knew, the one that claimed to be proud of student-athletes, that said it took education seriously, that wouldn’t compromise itself with ads in its arenas and coliseums - that UNC is dead.

UNC-Las Vegas is the new reality. Cheating is no big deal unless you get caught, and even then, it’s not really anyone’s business.

The proud state university, the public Ivy that everyone was so proud of - even Duke fans largely bought it and took a bit of pride in it - it was all a fraud.

It’s been in the grave for a while now. Today UNC just shoveled more dirt on it. That’s what it amounts to.

 
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pinecreek

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I didn't realize it at the time but TJ Herringbone being ineligible for the season was the high point of all the investigations of misdeeds at UNC in the last decade. Seemed like just the tip of the iceberg at the time. UNC should have just played him anyway based on what just happened.
 

DevilDJ

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Kinda impressed by the response. Seriously. unx is not gonna accept any sanctions at all. "We cheated but we cheated big. We allowed some frat-rat fanboys to wet their beaks in the same courses and we gave Roy and everyone else plausible deniability. Stay outta our business an' GFY. Have a nice day." I'd say it was ballsy except that the NCAA will roll over and take it. The holes have supplied the blue-print on how to cheat and skate. Impressive. #HangABanner

UNC to NCAA: Mind your own business

http://www.newsobserver.com/sports/college/acc/unc/article93352282.html

UNC’s Response To the NCAA Is A Middle Finger To the NCAA And Everyone Else

http://www.dukebasketballreport.com...a-middle-finger-to-the-ncaa-and-everyone-else
 
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tarheel0910

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Question for you guys. Without getting into all of the details about what happened, how would you want Duke to respond if it were Duke instead of UNC? Would you want a more aggressive approach like this one or more of a "go with the flow" type of response?
 

dukiejay

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Question for you guys. Without getting into all of the details about what happened, how would you want Duke to respond if it were Duke instead of UNC? Would you want a more aggressive approach like this one or more of a "go with the flow" type of response?

The common answer from most Duke fans would probably be, "if we cheated then punish us." That's easy to say right now, though, because Duke hasn't been cheating. My guess is most Duke fans would be more defensive if we were the one's under the microscope.

That said, Duke didn't cheat. From the outside looking in, it's pretty obvious UNC did so....and might I add, quite egregiously. What I do know is that if it were Duke or UK right now in UNC's position UNC fans would be crying afoul too. Would you disagree?
 

Liftee

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This whole case was over when the NCAA took out any reference to football or men's basketball from the first to the second NOA. Maybe someday we'll find out what back room negotiations caused that to happen. We must assume it was threats of litigation that would have challenged the NCAA's jurisdiction and control over the academic side of athletics which the NCAA doesn't want to deal with. And perhaps would have involved the NCAA's failure to look at other conferences that have much lower academic standards than the ACC (although less fraudulent than UNC's).

The losers of course are those of us who still think that big time college athletics and the attention and expense they involve can be justified only so long as the athletes are still students, which I feel they still are at Duke.
 

skysdad

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No matter what happens there is going to be a dark cloud over unc athletics. It's not going to go away. It happened and it can't be changed or forgotten. I don't care if they go on and win the next ten NCAA men's basketball championships in a row and the football teams becomes a national power with it's own championships it's still there. hof coach roy williams will always know it. It will be there stuck in the back of his mind and not a day will go by where he doesn't think of it. But you know karma has a way sorting things out and until hen we will just keep on doing what we have done for years. Winning the right way because I'm a firm believer that right always will prevail even though it may not seem that way. So unc nation spin it any way you wish but once the spin stops it still ends up in the same place. OFC
 
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dukephysics

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This whole case was over when the NCAA took out any reference to football or men's basketball from the first to the second NOA. Maybe someday we'll find out what back room negotiations caused that to happen. We must assume it was threats of litigation that would have challenged the NCAA's jurisdiction and control over the academic side of athletics which the NCAA doesn't want to deal with. And perhaps would have involved the NCAA's failure to look at other conferences that have much lower academic standards than the ACC (although less fraudulent than UNC's).

I'd like to respectfully disagree. If UNC and NCAA were in bed together, wouldn't UNC's response to the ANOA have been more along the lines of "OK, yep we messed up and we'll take our punishment." If the NCAA is trying to make it easier on UNC by removing men's BB and football from the issues, wouldn't the expectation be (if indeed there is collusion) that UNC would then take the punishment and try to keep the whole thing quiet?

I agree it seemed that they were in bed together BEFORE this response. How else do they get off so easy (flagships remain unscathed)? But after the response, it sounds like UNC wants I fight - and has probably wanted a fight all along. This brings up the question then, if NCAA and UNC don't have a deal in place (am I wrong that it seems clear that they don't?) then why the hell did NCAA not go after all offenders including BB and FB. Lets all hope the NCAA does the right thing and doesn't back down to UNC's challenge.
 

DevilDJ

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No matter what happens there is going to be a dark cloud over unc athletics. It's not going to go away. It happened and it can't be changed or forgotten. I don't care if they go on and win the next ten NCAA men's basketball championships in a row and the football teams becomes a national power with it's own championships it's still there. hof coach roy williams will always know it. It will be there stuck in the back of his mind and not a day will go by where he doesn't think of it. But you know karma has a way sorting things out and until hen we will just keep on doing what we have done for years. Winning the right way because I'm a firm believer that right always will prevail even though it may not seem that way. So unc nation spin it any way you wish but once the spin stops it still ends up in the same place. OFC

THIS^^^^. The "carolina way" is a punchline and unx is forever linked with the SMU's of the world. Not that anyone in that fanbase cares. "Just win baby!" And , yeah , if Duke were involved I'll concede that I may be defensive initially. But at some point , there's no escaping the truth. If it's revealed the Devil's athletic department is HALF as corrupt as what we now know about unx? I say burn it down. Self-impose and/or accept draconian sanctions and start over AFTER they've done their time. If Duke fought ( just as unx has done! ) and was able to skate , that would be way worse than any penalties. The story wouldn't just be , "Recall that time Duke cheated and got caught?" The story would be the same as it is now for the holes , "Duke cheated egregiously , spent tens of millions of dollars , scapegoated anyone within sight or earshot and trashed their academic rep just to avoid any sanctions whatsoever for some ball teams." As a fan , ya never live that kinda stuff down. Duke's not pristine but there ARE limits! Even if Duke won titles and kept whipping unx , it would always be tainted. The questions would always be there. "Great game Dukies! Did ya'll cheat to win that one too?" Much easier to just do the right thing , take your medicine and move on with a clean slate. unx can never do that now. Ever.
 

DevilDJ

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UNC should answer, not evade NCAA

It’s regrettable and discouraging that a great state university has chosen evasion rather than accountability in this whole sorry matter.

The NCAA’s most serious charge against UNC is lack of institutional control. The charge is clearly merited. UNC officials either initiated, tolerated or failed to detect a system of phony classes overseen by a nonfaculty member.

UNC could have led the way in establishing a healthier academic-athletic balance in college sports by fully admitting the abuses, imposing its own penalties and accepting whatever sanctions the NCAA saw fit. Instead, it has sought to defend itself by trying to limit the reach of its athletics regulator.


http://www.newsobserver.com/opinion/editorials/article93612972.html
 

Laettner

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Must say the UNC grads I am friendly with are really ticked off at the school for this scandal. Heels walked around with their nose in the air for decades only to join the ranks of SMU, Miami, USC & UNLV.

Say word got out that Grayson received a "D" in a course, the Heels fans would be calling for sanctions. Hypocrites!
 

DevilDJ

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Two bright spots:

1) Can't see the NCAA surviving this. At least not surviving as anything more than a figure head. I'll lose no sleep knowin' they're gone. Completely useless , self-serving , selective and corrupt. Good riddance. And...

2) unx'ers aren't completely happy. Sure , they got away with it. But the "flagship" is gettin' killed in the court of public opinion...and it ain't just from "abc'ers." There's a laundry list of sportswriters and academicians kickin' both unx and the NCAA around...publicly. Hey , it ain't much but there's still plenty of true-blue "carolina way" devotees around. unx is exposed and it bugs 'em. Like I said , it ain't much but for those of us familiar with the breed it's amusing. lol.
 

DevilDJ

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Jeff Sharp: UNC not setting good example to students

After committing 20 years of fraud that was a blatant attempt to cheat at athletics; after never-ending attempts to cover up, delay and avoid responsibility and just punishment; after throwing “expendable” employees under the bus while making every attempt to protect and preserve demonstrably far more guilty parties (and dishonorably obtained championships), UNC is now basing its entire case of the legal hair-splitting of the word “anomalous.”


http://www.newsobserver.com/opinion/letters-to-the-editor/article93773917.html
 
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