University releases NCAA secondary infractions docs

That would be Auburn University. Documents here, story here.

Here at Oregon, reporters requested the Duck infractions data on June 18 (here) and June 27 (here). UO’s public record’s office still has not released anything, despite this 1981 opinion from the Oregon DOJ making clear these reports are public records. I wonder what Rob Mullens is hiding this time?

Journalism students investigate cost of athletic scandals

11/14/2013: An excellent piece of investigative journalism from UNC, here. Their university’s administrators were remarkably forthcoming about the costs of the outside investigations, and how much was paid by the athletics department and how much by the UNC Foundation. It took me years, and hundreds of dollars in public records fees, to get much skimpier information from UO about the Chip Kelly/Willie Lyles costs. In fact Randy Geller is now completely deleting what UO spends on legal expenses from the reports UO must file with the Oregon Government Transparency website:

UO for 2012-13: Goes straight from Laundry to Library, no Legal Services. I think they call that irony.

OSU for 2012-13: 

Football player makes money signing his own name to stuff

8/6/2013: This is unacceptable! But don’t worry, former UO law professor Jim O’Fallon and his NCAA Committee on Infractions are on the case. In the past they’ve made unpaid student-athletes repay these sorts of ill-gotten gains. Still no word on how much Rob Mullens and President Gottfredson made Chip Kelly pay for the Willie Lyles lawyers and infraction costs, and how much they charged to UO student tuition.

Aasif Mandvi has more on these greedy athletes, and this South Park episode, inspired by Taylor Branch, is pretty wicked too. Branch, a Pulitzer winning MLK biographer, wrote that there “is an unmistakable whiff of the plantation” about big-time college sports. The story on what O’Fallon did to UConn player Nate Miles is here.


Latest on Lyles. DOJ orders UO to release NCAA infractions info.

7/19/2013: Mark Johnson of the RG sports desk gets another dump of Kelly/Lyles docs from UO – 3 months after he made the public records request. UO NCAA Rep and former law professor Jim O’Fallon used to argue that these sorts of records were top secret, despite the DOJ ruling below, which he either didn’t know about or hid from the faculty. The redactions seem far in excess of what Dave Frohnmayer would have allowed back when he was AG:

Full PDF here. O’Fallon still won’t tell the UO Senate Intercollegiate Athletics Committee anything substantive about this investigation. I’m on the committee, and I had to get this news from the RG website. But whatever, this is almost certainly O’Fallon’s last year in the job, and he’s certainly going out in style: without having had a performance review in 25 years.

1/23/2013: Breaking news. Full text of the order here. Sure, it’s from 1981, written by the DOJ when Dave Frohnmayer was Attorney General – but it’s a pretty strong order. It still stands as precedent, and it is cited in the most recent DOJ Public Records Manual, here. Sportswriters, file your public records requests for the Kelly / Lyles allegations and findings now, through Dave Hubin’s public records office, here.

Duck sports roundup with NCAA report.

6/26/2013 update. The public NCAA report is here. Hilariously pompous. Public Censure and Reprimand. Presumably much more will be released eventually, thanks to this public records opinion from Dave Frohnmayer’s DOJ. The NYT has this quote from Kelly:

Kelly, in a statement issued through the Eagles, apologized to the university and its fans. “I accept my share of responsibility for the actions that led to the penalties,” he wrote, adding that the investigation did not have a role in his decision to leave the university.

Whatever you say Chip, but are you gonna pay UO back for the $200K we spent on lawyers? One quick excerpt from the NCAA report, dealing with a special admit problem:

The institution discovered a deficiency in prospect H’s Scholastic Aptitude Test
(SAT) while performing a review of his academic credentials. Due to the deficiency,
prospect H was required to return to Houston immediately to take the earliest available
SAT. 

An assistant football coach and the former assistant director of operations sought
the assistance of the recruiting service provider in facilitating the prospect’s taking of the
SAT. The recruiting service provider contacted prospect H via telephone and ultimately
delivered to him the required SAT registration packet at a Houston area gas station the
evening before the test.  

Further, there was evidence that the recruiting service provider was involved in the
arrangements for prospective student-athletes to travel to the institution for their official
visits. Following the official visits of prospects E and F, the former assistant director of
operations sent the recruiting service provider a hand-written note he composed under the
former head coach’s signature, stating: 

I really appreciate your help in getting [the names of the visiting
prospects] and the whole crew here this past weekend. We’ll work on
getting [prospect A] here soon too! Thanks for orchestrating everything
and all your help with these guys. I hope you enjoyed the game . . .Go
Ducks! 

Rob Mullens, Lorraine Davis, and Jim O’Fallon have opposed letting the UO IAC be involved in special admits, despite language in UO’s most recent NCAA recertification saying the situation was under control. I wonder how much of that they conveyed to the investigators?

6/26/2013: After rejecting UO’s proposed plea bargain, Jim O’Fallon’s NCAA Committee on Infractions is expected to hand down the penalties this morning. O’Fallon’s recused, of course. Still no word on who will replace O’Fallon as UO’s Faculty Athletics Representative to the NCAA.

UO has now spent more than $200K on NCAA cleaner Mike Glazier, to defend the Duck brand against the Kelly/Lyles infractions. More if you value the opportunity cost of Randy Geller’s time at something positive. The academic side has paid about half this. No word yet if Gottfredson will go after Chip to try and recoup the legal and the other costs of his infractions.

Rumor is that a group of traitorous UO law profs are writing to President Gottfredson to protest the UO decision to effectively prohibit small local Duck paraphernalia manufacturers from getting licenses to use the Duck brand. Don’t these ingrates know who paid for their building, and what eternal reciprocal obligations they incurred in exchange?

PR request update: NCAA wastes Gottfredson’s time on more sports crap

5/23/2013: UO is on the verge of being kicked out of the AAU.

Meanwhile, the self important pissant jock-sniffers on the NCAA Infractions Committee don’t think the UO President has anything important to do with his time. So they “invite” him to come to their meeting in Indianapolis and explain to their pompous selves what coach Chip Kelly did wrong at UO, years before, and how much UO should now pay for his sins.

OK, I know I’ve bitched about Gottfredson’s $540K salary. But putting up with people like this? Triple it and he’s still underpaid. Assuming, of course, that the athletic department and their boosters are the ones compensating him for this humiliation, and not our students. And for his travel expenses to Indianapolis. And I hope that ticket was first-class.

Full document here. These documents are public only because, after more than a year of O’Fallon trying to hide this expensive disaster from the UO IAC and the press, I found this ruling from Dave Frohnmayer’s DOJ in 1981, stating that NCAA infractions documents were public records in Oregon. 
UO has a Senate committee to deal with athletics issues. The charge is here:

As part of its function and in order to carry out its governance function, the IAC shall be consulted by: …

3. The faculty athletics representative about all ongoing investigations and major violations.

But since UO’s NCAA Faculty Athletics Representative Jim O’Fallon will not even tell the IAC what’s going on, much less consult with us, let’s see what President Gottfredson told the NCAA about UO’s Loss of Institutional Control over our athletic department:

Dear Ms Thornton: 

This is a public records request for a copy of the remarks, notes, or talking points prepared for or presented by President Gottfredson and other UO employees or attorney’s or consultants for the Feb 23 2013 meeting of the NCAA Committee on Infractions in Indianapolis. 

I ask for a fee-waiver on the grounds of public interest. Under our charge the UO Senate IAC should have been briefed on this situation, but Faculty Athletics Representative Jim O’Fallon has told the IAC nothing, and did not even inform the IAC of this meeting. 

I note that the 1981 public records opinion by then Attorney General Dave Frohnmayer’s DOJ makes clear that these sorts of records are subject to disclosure: http://uomatters.com/2013/01/doj-orders-uo-to-release-ncaa.html 

Thanks,
Bill Harbaugh
UO Prof. of Economics

Barton wants to search Kelly’s pockets for the money

Provides that a coach at public university who intentionally or recklessly commits or causes to be committed major violation of rules of National Collegiate Athletic Association is liable for university’s actual damages and attorney fees. Applies to major violations committed before, on or after effective date. Declares emergency, effective on passage. 

The Oregonian has reported that the University of Oregon has already paid more than $150,000 to an outside law firm for that firm’s help in investigating alleged recruiting violations that took place on the watch of former Ducks football coach Chip Kelly. With the program facing major penalties, Kelly fled to the NFL, where he is now the coach of the Philadelphia Eagles. …

“When it comes to following the rules, the costs and benefits are misaligned in college sports. Coaches benefit in the short-term by breaking recruiting rules, allowing them to build their programs and sometimes getting a job in the pros,” Barton said in an email. “But the university, particularly its players and fans, pays the long-term costs of the coach’s misconduct in the form of NCAA sanctions. How many college coaches (Chip Kelly, [former USC football coach] Pete Carroll, etc.) have we seen jump to the NFL after the NCAA begins investigating, leaving behind a damaged program? This pattern will repeat itself until we realign the basic incentives.

A lawyer who understands incentives. Good combination. 5/1/2013.

Secret meeting update. Chip Kelly was a cheat who skipped town on his debts

4/24/2013: Secret meeting update: 

SI is reporting UO held a meeting with the NCAA infractions committee last week to negotiate penalties. The charge of the UO Senate’s IAC says the IAC shall be consulted by the

3. The faculty athletics representative about all ongoing investigations and major violations.

And the Frohnmayer DOJ opinion says these investigations are a matter of public record. But FAR Jim O’Fallon and AD Rob Mullens have kept everything secret from the IAC, including this meeting. While making the academic side pay half the legal bills.

Another update: Duck sports and public records get the “O” brand priceless national recognition in the NY Times.


Update: Oregonian sports columnist John Canzano is unimpressed with Dave Hubin’s game:

Without that, there is no real transparency. There is no accountability, either. Oregon has played games with the media charged with covering one of this state’s biggest public entities, refusing to adequately and decently meet public-records requests. The Ducks have withheld information and moved slooooooooowly, then suddenly released documents on Friday nights, and on game days. UO released the original Lyles scouting reports, and said, “This is all we have,” then, a day later, recanted with, “Oh, yeah, that wasn’t all. Here’s a little more.” …

Glazier is a legend in a case such as this. And maybe he’s just trying to justify the steep cost of retaining him. The UO general counsel’s office and the athletic department are sharing the cost of his specialty law firm, which only means that taxpayers are on the hook here. 

Yes, the taxpayers deserve transparency. Yes, the public deserves a quick and reasonable turnaround on public records requests. And yes, Oregon’s athletic department needs to come to the NCAA, hat in hand, accept its punishment, and let the football program move forward. 

4/16/2013: That’s the conclusion from the documents UO released yesterday to KATU after 6 months of stalling by the Public Records Office. Randy Geller and Doug Park had been arguing NCAA docs were exempt, but I dug up this 1981 opinion by Frohnmayer’s DOJ saying just the opposite. Too bad guys.

Adam Jude has the story and the links in the Oregonian. The costs of the investigation and the sanctions UO is trying to negotiate with the NCAA will probably run into the millions. It’s been a huge distraction for new Pres Gottfredson – from what I can tell from his calendar he’s spent far more time in meetings about sports than about academic issues like Espy.
Here are the latest billings from the law firm of Mike Glazier, the NCAA fixer Rob Mullens hired to try and deal with this. Last I heard Randy Geller was still making the academic side pay half his bills:
Mullens and UO’s “Faculty Athletics Representative” Jim O’Fallon refused to talk about any of this with the UO Senate athletics committee, claiming NCAA rules prohibit it. They don’t. There was a clause in Kelly’s contract allowing UO to fine him for costs like this, but from what I can tell Rob Mullens let him leave town without asking for a dime. It’s much easier to spend other people’s money on your friends when nobody’s looking over your shoulder, right Rob and Jim?

UO’s Jim O’Fallon and UConn’s Nate Miles

3/8/2013: Back in 2009 the NCAA Committee on Infractions, which includes UO’s Faculty Athletics representative and former Knight law professor Jim O’Fallon, ruled that UConn had paid impermissible benefits to a basketball player, Nate Miles:

NCAA enforcer Jim O’Fallon NCAA player Nate Miles

INDIANAPOLIS — The NCAA Division I Committee on Infractions has penalized the University of Connecticut for violations in its men’s basketball program…. As stated in the committee’s public infractions report, this case centers on the “extraordinary steps” taken by the university to recruit a top prospective student-athlete to its men’s basketball program. … Specifically, the booster provided the prospect with impermissible inducements, including the payment of at least a portion of the expenses for the young man’s foot surgery; … The members of the Committee on Infractions who reviewed this case include … James O’Fallon, law professor and faculty athletics representative for University of Oregon. 

From the official report:

What’s the problem? Well, the federal health privacy law HIPAA prevents the release of medical records, including billing records, without the patient’s consent. According to CBS, the NCAA may have obtained the records illegally, and then O’Fallon’s committee used the illegally obtained records to punish UConn:

Miles told CBSSports.com he authorized neither the Tampa Bone and Joint Center nor the NCAA to discuss his medical condition. 

“I didn’t authorize anybody,” he said. 

“I never told anybody to share anything,” Miles said in a later interview. “I just couldn’t believe they did. I thought they couldn’t. I lost everything.”

Yes, we wouldn’t want to let universities or their boosters pay for foot surgery – let that go unchecked and it could take a serious cut out of the NCAA’s take. In 2011, the NYT reported on what eventually became of Miles:

The former University of Connecticut basketball recruit Nate Miles is effectively homeless. He moves from friend’s couch to friend’s couch, still recovering from a violent assault that left him with a stab wound and a punctured lung and a monthlong stay in the hospital. 

O’Fallon, on the other hand, is doing quite well in his 24th year as FAR without faculty review, pulling down $93K and free junkets to the games, with a sweet half time job in President Gottfredson’s office. And PERS, and a law school job to fall back on. Which is nice:

Thanks to http://brewonsouthu.wordpress.com/ for the CBS link.

Some people would be ashamed …

to spend their time enforcing the NCAA’s rules against giving the athletes “impermissible benefits”, given all the cash they bring in for the cartel, coaches and athletics directors. Other people have no shame, like UO’s “Faculty Athletics Representative” Jim O’Fallon:

NCAA enforcer Jim O’Fallon NCAA player, kicked off team for selling music

O’Fallon helped write this infractions report penalizing USM for, among other things, letting a coach pay half the cost of a day of skin-diving for his tennis players:

Another NCAA rule is even more egregious: players can’t sell anything with their likeness attached to it. Not even their own music on iTunes, for 99 cents a song. Why? Because the NCAA *owns* its players – including the gentleman on the right, above. 2/18/2013.

Mullens must now pay all of "The Cleaner’s" fees

2/27/13: The academic side is finally off the hook for the 50% we’d been covering out of tuition money.

We’ve written a fair amount on UO General Counsel Randy Geller charging the academic side half the cost of “The Cleaner” Mike Glazier’s work on the Chip Kelly / Willie Lyles recruiting infraction.

Here are the latest accounting statements. It takes 5 minutes to run these off – but it took a month to get them from Dave Hubin’s public records office. Note the date in the corner: 11-Feb-2013. Hubin sat on them for 15 days after they were ready. Full doc dump here.

And check the text in the lower left. The athletics department only paid half of the cost of Chip Kelly’s lawyer through November 2012. The academic side paid the other $75,000 or so. But for the December invoice, it looks like athletics paid it all.

Why the change? Because I raised a stink. Not as big a deal as the $555K a year in overhead payments I finally got Jamie Moffitt to admit they owed us, but every little bit helps. Next let’s go after the $1.83M in Jock Box subsidies and the second mortgage on Mac Court that Frohnmayer and Kilkenny stuck us with, for $467K a year. Only 26 more years of payments.

Of course UO “Faculty Athletics Representative” and athletic department shill Jim O’Fallon still refuses to share any information about the infractions settlement efforts with the UO Intercollegiate Athletics Committee. A violation of UO Senate rules, and our shared governance constitution and another example of the loss of institutional control by UO over its athletic department. Hubin wants $386.62 before he’ll show those docs:

The University of Oregon has received your public records request for “any and all documents received by the university — the president’s office, the athletic director’s office, the athletic department’s compliance office — from the NCAA regarding a “Notice of Allegations” from Dec. 21, 2012-Jan. 19, 2012. This would include the actual “Notice of Allegations” and any accompanying documents, in any form, as well as emails, memos, letters, notes regarding the same” on 01/23/2013, attached. The office has at least some documents responsive to your request.  By this email, the office is providing you with an estimate to respond to your requests.

The office estimates the actual cost of responding to your request to be $386.62. Upon receipt of a check made payable to the University of Oregon for that amount, the office will proceed to locate, copy, and provide the records you have requested that are not exempt from disclosure.  Your check may be sent to the attention of Office of Public Records, 6207 University of Oregon, Eugene, OR 97403-6207.

Glazier through Nov:

Through Dec: