NCAA issues “Notice of Inquiry” to UNC-CH and tOSU Phone Records Show Link to UNC’s Baddour

UNC Scandal77

WRAL is reporting the following statement that was released today from UNC’s Athletic Director Dick Baddour:

Full story.

“The notice of inquiry is a formal notification from the NCAA that they have been reviewing our football program,” said UNC Director of Athletics Dick Baddour. “We have been working with the NCAA and cooperating with them on this investigation. We are committed to the process and will continue to cooperate.”

WRAL News and others have asked for documents related to the NCAA and an internal investigation of the UNC football team, maintaining that they are public records. University officials have denied access to the records, citing student privacy protection laws.

NCAA letter.

 
Getting beyond the continued and quite silly “Review v. Investigation” semantics still hilariously being perpetuated by the UNC powers that be, the “Notice of Inquiry” is hardly news to anyone with a pulse living within 500 miles of the Triangle. UNC has been under investigation for over a year, so the letter being mentioned herein is a mere formality. At least Dick got that much right.

What is more interesting is the second paragraph. The release of phone records and parking ticket information formally requested by WRAL, The Daily Tarheel, and other local media members via a Freedom of Information Act request is still being adamantly resisted and legally stonewalled by UNC and the University’s counsel.

UNC has already been ordered to hand over the information by a Wake County Superior Court Judge, but UNC and lawyers have requested a stay of that order while the matter can be appealed. You can read more on the legal gerrymandering by visiting WRAL here.

Interestingly enough, UNC has already lost on almost this exact same issue (hiding behind FERPA to avoid releasing information wholly ancillary to the student’s school work or academic record) in Federal Court when dealing with a lawsuit involving a former female soccer player alleging bad acts against legendary coach Anson Dorrance. If you are unfamiliar, perhaps the most brief account of the situation can be found on Coach Dorrance’s Wikipedia page here. It’s Wikipedia, mind you, so take it for what it’s worth. If you’re legally inclined, or having serious insomnia issues and are looking for a late-night reading cure for the same, you can check out the following case: 340 F. Supp. 2d 679 (2004).

The precedent mentioned above was more thoroughly discussed in this SFN entry if you missed it:

Judge rules against UNC-CH in media’s lawsuit (updated with Thorp’s statements) (2nd update with legal analysis)

The question rages on: How on earth can the NCAA conduct much less conclude a thorough investigation without the phone records and parking tickets requested by local media outlets, including the Daily Tarheel ?

First, are there enough words to use to honor the backbone and overall integrity of the folks in charge of UNC’s school newspaper? Simply: No. Nice work, DTH, nice work. Something is clearly amiss when your own school newspaper turns on you regarding parking ticket information that is likely widely discussed by students all across campus. Phone records are pretty easily hidden, but fancy cars don’t go unseen.

I have to believe that the “new information” warned of in the official and confidential (hilarious!) “Letter of Inquiry” sent today is likely what lies in UNC’s pandora’s box to which the media has been judicially given the key but UNC’s attorneys still guard and appeal with all their mental might.

Some tiny insight into what might be hiding in that box was provided today from an unlikely source. Wait. Come to think of it, given the current events flying around college football over the last 12 months the source, and therein the connection, makes absolute sense.

Bryan Fischer of CBSSPORTS.COM tweeted a gem of a find today. Apparently Fischer took the reigns in sifting through what is likely piles and piles of phone records of Ohio State Athletic Department members, including Athletic Director Gene Smith, that were recently released by the Ohio State University pursuant to a Freedom of Information Act Request filed by the media seeking the same. What he found is puzzling a bit, but not really.

@BryanDFischer Bryan Fischer
Based on Ohio State’s phone records, once Gene Smith realized there was a problem, he called UNC AD Dick Baddour.
10 hours ago via TweetDeck

Joe Ovies reached out to Fischer via Twitter and at least thought the homework done was worthy of making this post on WRAL Sportsfan.

Ovies also tweeted that ABCers will dub this the “8th Prong.” While quite funny, the irony lies in the fact that this seemingly meaningless and very weird phone call could even be considered any prong over maybe the “2nd.” The investigation… review… has gotten that complex and encompassed several sports at UNC. The bizarro world that has become the UNC Football Scandal is without a doubt book-worthy. Let’s be honest here. People seldom read books about rule followers and clean living.

If UNC took all of these rule-breaking risks to become one of the “Big Boys” in college football, maybe they finally got their wish. Most coaches go to the likes of Urban Meyer to get consulted on his lethal offense. Many coaches reach out to other programs to learn about a scheme change that needs to be implemented in their own program. Players work out over the summer with kids from other programs to fuel new fire and a different perspective into their workouts.

Hilariously enough, that’s not how it goes for the Heels. It appears the “Big Boys” are indeed calling. But they are most likely doing so to yank a couple pages from UNC’s playbook on how to call a year-long NCAA Investigation a “review that will be over by Friday” with a straight face. The likes of Ohio State, currently mired in such scandal that legendary sweater-vest-wearing Coach Jim Tressell has left the program as has All-World junior quarterback Terrell Pryor in just the last week or so, are calling to learn how to deflect and defend what is clearly going to be a long, painful trip to NCAA violation hell and back.

This is simply hysterical. But as we catch our breath, let’s give credit where credit is due…

One thing the author group at SFN has always admired about UNC and their administration is that the folks in Chapel Hill are second to none when it comes to the shameless spin, manipulation of public perception, misleading branding (“The Carolina Way”), and their ability to do all of this for the sole purpose of turning attention away from their skirting of the rules. In comparison, if UNC’s media machine is a Masserati, we State folks are indeed still puttin’ down the old country road on Granddad’s rust-riddled tractor. So to that well-greased-sexy-beast of a UNC Media Machine, we raise a glass for what is so far a job extremely well done. Imitation is indeed the most sincere form of flattery.

Keep it up, gentlemen, it will all be over by Friday…

UNC Scandal

77 Responses to NCAA issues “Notice of Inquiry” to UNC-CH and tOSU Phone Records Show Link to UNC’s Baddour

  1. bTHEredterror 06/07/2011 at 11:17 PM #

    “At this time, the possible violations primarily involve the football program. However, please note that new information often is developed during an investigation that leads to expanded inquiries.”

    Tee Hee! Here’s to the Carolina Way laid bare, and more prongs than a crate of forks.

  2. wolffpride 06/07/2011 at 11:44 PM #

    “The investigation… review… has gotten that complex and encompassed several sports at UNC.”

    Oh, so basketball could be included…someone has to drive a maserati, so why not me, says Ed Davis. Man I hope that the outcome to all of this is epic…payback for years of pulling the wool over the nations eyes.

  3. tann84 06/07/2011 at 11:55 PM #

    This thing still is going to take some time and I surely hope so. Either way whenever UNC has to release the parking ticket information, phone calls, and emails whether or not the NCAA has already given the penalties, there will be more coming. No worries, justice will come eventually; the only way it doesn’t is if UNX appeal is successful which there hasn’t been anything to show that.

  4. Wufpacker 06/08/2011 at 12:05 AM #

    Some of you are setting yourselves up for a great deal of disappointment. A slap on the wrist will be the upper limit. If I had to bet my own cash one way or another, I’d bet that whatever happens won’t even reach the levels of “slap on the wrist”.

    Personally, I think what has gone on borders on organized crime (but that’s just me). But if any of you think their “punishments” will come anywhere close to what NCSU suffered for much lesser transgressions….well, like I said, some of you are setting yourselves up for disappointments.

  5. Gowolves 06/08/2011 at 7:07 AM #

    I hope this does drag on longer so we can get the records released. If you have read the comments from the NCAA rep she stated that things would hopefully be wrapped up in June. I not sure where everyone is getting this notion this is going on and on. The NCAA conducted their investigation before the LOI. The investigation usually comes after that but some reason in this scenario it did not.

    Am I misunderstanding this?

  6. State Fan 06/08/2011 at 7:09 AM #

    It is scandalous, in this year of state budget cuts, to use scarce funds to pay attorneys to attempt to use FERPA to prevent public access to public records.

  7. baxter 06/08/2011 at 8:35 AM #

    The investigation should be over in June unless anything happens during the next few weeks – like the media suit, at which point NCAA has an additional 6 months less 2 days to conclude. The reason I have heard the NCAA held off on the LOI till now is that the complexity of the case forced them to need more than 6 months to do all the background work while of course dealing with UTenn, OSU, etc.

    It should be interesting, even UT at this point, who is in the Comm of Infraction stage doesn’t know what kind of ruling they will get, so I’m very interested if Barnes’ article was really the UNC take on previous cases, while the NCAA is up to interpret how it pleases. On Rivals a poster has said multiple times that UNC and NCAA are on different wavelengths all together on how they view the case. We’ll see if that holds up – in my opinion, I think NCAA is having a bitch of a time w/out subpeona power to prove completely the blake / tutor side of things, but will probably issue the connect the dots USC ruling – should have known, most likely did know, etc. Remember USC’s asst. coach wasn’t found 100% to have been involved iirc. Now, I’m pretty sure if the media suit results in further findings after the NOA or ruling, NCAA can clearly rule again or extend for the LOI period.

  8. Pack1997 06/08/2011 at 10:01 AM #

    Let’s not assume that the NCAA doesn’t already have the records they need in regards to phone calls, parking tickets, etc. If they asked for the records and were told no then that would be not working with the NCAA. The NCAA is a governing body and is bound by the same FERPA rules as it’s institutions. Therefore the NCAA may very well have these records already.

  9. packhammer 06/08/2011 at 10:17 AM #

    So the NCAA sends out this letter on Tuesday and then closes the case on Friday? Somebody posted that these letters are often issued late in the process, but that doesn’t seem right. I’d still like to know who released the story last Saturday that this would all be over by Friday, and that it is “widely assumed” that LOIC would not be part of the NCAA findings. Seems like the NCAA would be really, really angry that UNC put that spin out ahead of them and what they may do. But who else could have done it? Go figure.

  10. packhammer 06/08/2011 at 10:24 AM #

    Hey WRAL guys, who fed you that story last Saturday and why did you not attribute the information to anyone?

  11. old13 06/08/2011 at 11:32 AM #

    Hang ’em High!

  12. Rick 06/08/2011 at 12:01 PM #

    I just do not see this amounting to much.

    BTW Ovies might be the least funny human being in the USA. I would say the planet but I think Bean has him beat.

  13. packalum44 06/08/2011 at 2:06 PM #

    I have a knot in my stomach about UNX football. If they skate relatively free….everyone still going to stand on their holier than though we don’t cheat pedestal that is Tom O’Brien football???

    Or we going to start collecting for our own slush fund?

  14. packplantpath 06/08/2011 at 2:13 PM #

    If they skate, I say we get Debbie Yow to fire up twitter and offer John Blake and Tressel jobs and announce a recruiting soiree at Theeeeee Doll House with free dances if you sign on the dotted line to come play for NC State.

  15. Packfan28 06/08/2011 at 3:15 PM #

    I have a bad feeling there are going to be a lot of very upset and very disappointed posters here.

  16. ncsu1987 06/08/2011 at 4:13 PM #

    @Packfan28 +1
    As I have said before, UNC from an overall perspective is WAY too important to the NCAA brand for them to come down too harshly. Not saying they get off completely, just that we shouldn’t expect much. There will be LOTS of very disappointed people.

  17. wolf8895 06/08/2011 at 4:32 PM #

    I’m just afraid this is what we’ll end up with.

  18. wolf8895 06/08/2011 at 4:33 PM #

    Well that didn’t work. Was supposed to be a BMFD Deal with it image. Oh well.

  19. Hungwolf 06/08/2011 at 4:50 PM #

    The way athletes hang out together, go to same “professor” approved classes together, party together, and live in same dorms. Hard to imagine that the dots will not connect to the UNC-CHeat basketball program also. Hard to imagine some of them were not using the same tutor or in that same class or wasn’t aware of how to get the free money and gifts such as jewelry.

    What I do think is the UNC admin. will sell their souls to keep the investigators away from the b-ball program. They will also throw Davis and the football program under the bus in a minute to protect the b-ball program. Cause they know the wal-mart baby blue fans don’t care crap about football and what the NCAA does to it. The admin does know they couldn’t run far enough if the bball program is sanctioned.

    I do agree that the NCAA does not want to touch the UNC bball brand and I doubt they will since the media not pressuring them to. UNC holding out on info now but if push comes to shove they throw the football program to the wolves to save their necks and the bball program.

    The NCAA might look harder had the UNC BOG or the Attorney Gen.’s office had insisted on an independent investigation. Of if the local media had ever taken a real interest in the scandle.

  20. TruthBKnown Returns 06/08/2011 at 5:27 PM #

    I don’t know. I think the new sheriff in town at the NCAA may actually WANT to mount a nice trophy on his wall, and what better trophy than some heavyweight programs that have been cheating for years? He stands to make a nice name for himself in the process!

    I’m not expecting anything close to the death penalty, but I’m hoping for some surprises, like athletes that weren’t expected to be in the NOA (e.g., Hakeem Nicks, or some basketball players).

    I remember when State had their scandal, it was said that we should not be allowed to investigate ourselves, because we would surely cover up whatever we found. Why does the same sentiment not apply to Carolina, or for that matter, ANY program being investigated? I imagine Carolina investigating themselves, not finding much, and not getting much penalty. Their fans would be patting themselves on the back, and breathing a sigh of relief that they had broken few rules. Now imagine the same scenario at State in 1989. We don’t find much. There would be heck to pay, and folks would be DEMANDING the independent investigation. We definitely are treated inconsistently with the Holes.

    I hope they get sanctions that BURN!!!

  21. TruthBKnown Returns 06/08/2011 at 5:53 PM #

    I have a question… we can have as much fun with this as we want. But seriously, is there any legitimate concern about the AD at tOSU calling Baddour? I mean, is that supposedly any kind of evidence of wrongdoing? Or is it just something for us to laugh at, at the Holes’ expense?

    I can see why a coach calling an agent several hundred times a year would raise eyebrows. I don’t see the tOSU guy calling Baddour in the same way, though. Is this somehow a concern?

  22. tuckerdorm1983 06/08/2011 at 6:31 PM #

    One time in grade school I got in a fight with a kid that was bullying me. My dad told me to fight (see episode of Andy Griffith where Opie Cunningham learns to fight). After the fight the principal took me and the other kid in his office for a spanking. He spanked the other kid real good, but barely hit me. I expect the NCAA will be like that with the heels. A spanking that sounds bad and looks pretty bad, but has no teeth in it.

    By the way I got kicked my ass after bully’s older brother stepped in held me down as his younger brother punched me. But there was never any more bullying from that kid. Now 40 years later both of them are in prison for life. Justice? Huh?

  23. choppack1 06/08/2011 at 8:10 PM #

    Some thoughts here.

    First off – the letter itself says they expect the investigation to end by June 2011. That being the case, I would expect that the investigation is already over.

    The UT notice of inquiry was rec’d in September of 2010 – and in that correspondence, it said that they hoped to have the investigation completed by December of 2010. UConn’s rec’d theirs in January of 2010 – and it said “the spring of 2010.”

    And if you think UNC gets nailed, I suggest you review this and think about what UConn got.

    http://www.uconnhuskies.com/auto_pdf/p_hotos/s_chools/conn/sports/m-baskbl/auto_pdf/May21NoticeofAllegations

  24. bTHEredterror 06/08/2011 at 8:20 PM #

    Truth, I don’t believe it’s a violation, but a little guilt by association could be an after effect, I feel sure that’s why it was reported, and I laugh at the thought of a reporter using contact with UNC to suggest that tOSU is dirty!

    You don’t want to call from Rep. Weiner for advice on how to operate your twitter account, and tOSU calling for advice on how to deal with the NCAA could incite the NCAA to beat both unruly kids with the same switch.

  25. choppack1 06/08/2011 at 8:23 PM #

    Not sure what the problem is here (my posts aren’t showing).

    Anyway….UT rec’d their LOI Sept 2010 – that letter said the investigation would conclude December 2010.

    UConn rec’d their LOI January 2010 – that letter said the investigation would conclude Spring 2010.

    If you think UNC is getting LOIC – look at UConn’s report – you’ll see there’s no way UNC gets a post season ban.

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