Showing posts with label Dan Kane. Show all posts
Showing posts with label Dan Kane. Show all posts

Friday, November 4, 2016

Tarnished Heels -- Chapter Seventeen

Chapter Seventeen
Public documents; Sunshine Day

            The Raleigh News and Observer had never come right out and blatantly said it, but there were certain suspicions that had long been asked via several social media sites: Had UNC intentionally delayed and/or stonewalled the release of certain public documents that could have provided insight into the various scandals, and which also could have caused further damage to the school’s reputation?  Based on the university’s extremely negligent response to numerous document requests that seemed to clearly fall under the Freedom of Information Act, the idea of an orchestrated delay certainly appeared to have merit.  That topic of freedom-of-information laws would arise in early March of 2013 due to the long delays some in the media had been subjected to by UNC.
            A “Sunshine Day” event was scheduled for Monday, March 11 in Raleigh.  A panel of individuals would be there to discuss public records.  An article ran in the News and Observer two days prior to the event, highlighting the frustrations that some in the media had felt over the previous year.  Written by reporter Dan Kane, the article stated that in the 18 months since UNC had first acknowledged academic fraud had permeated its campus, there had been several public reports and open meetings about the issues.  However, Kane noted that much remained unknown, in large part because the university had either not responded to numerous requests for information, or had outright rejected them.
            Kane pointed out that the work of Baker Tilly and Jim Martin did not closely examine paper records of enrollment in more than 40 fraudulent classes identified before the fall of 2011, nor did they identify how many of the 560 overall suspected grade changes involved players on the school’s football and men’s basketball teams – data that could have retroactively affected the eligibility of some athletes.  The newspaper filed a records request with UNC to obtain that information, and got a less than cooperative response: If Baker Tilly and Martin didn’t do the analysis, then it wasn’t going to be made available.  The News and Observer stayed above the belt and didn’t ask an obvious question, but many in social media did: UNC paid Baker Tilly nearly one million dollars, yet the firm couldn’t find the time to sit down and closely examine some paper records?  According to State Senator Thom Goolsby, the lack of information about the scandal was one reason that the university’s academic reputation continued to suffer.  “If the answers had been forthcoming in this, the story would have been over,” he stated.
            In all, university officials said they had received over 900 information requests in the three years since the first stages of the scandal become public, with roughly half coming from media entities.  Chancellor Holden Thorp attempted to address some of the “delay” concerns in a written statement.  “On the whole, we have made what I consider to be extraordinary efforts to provide the public with information about these issues,” Thorp said.  “We continually strive to improve our internal processes and the University’s capacity to respond to and communicate with those who are requesting public records, including members of the news media.  The principle of openness is important, and one about which we can all agree.”
            That “principle of openness” would seem to be a grey area, however, as evidenced by the amount of time it had taken to fill certain requests.  For example, the News and Observer had submitted information requests on various topics pertaining to the school’s scandal on the following dates: June 11, 2012; October 22, 2012; October 25, 2012; and February 14, 2013.  All of those had remained unfilled until just days prior to the March 9, 2013, article – and it was likely not a coincidence that they were filled just days prior to the Sunshine event where the importance of public records would be discussed.  Another request that was noted in Kane’s article – one asking for correspondence, supporting documentation and drafts related to an internal probe of academic fraud, which was submitted on June 20, 2012, remained unfilled.   Almost nine months had passed since its initial request.
* * *
            The March 9, 2013, article said that the newspaper had filed dozens of public records requests related to the scandal.  In some cases, the university had responded by providing revealing information.  For example, certain documents had shown the number of enrollments of football and men’s basketball players in certain no-show courses spanning as far back as 10 years.  Specific information was also revealed about the AFAM independent studies program.  However, despite the media having requested, received, and reported that information prior to the release of the Martin report, the Baker Tilly consultants and Martin excluded virtually all of it from their submitted report – for reasons unknown.  Or, at least, for reasons that could only be murmured by the media, but not proclaimed as outright accusations.
            In the many instances where the university had not filled the requests, however, often the school had not responded at all.  Some of those requested documents included records turned over to the State Bureau of Investigation, as well as documents that may have been generated when former AFAM chairman Julius Nyang’oro first spoke with university officials before he resigned from his position.  The article said that the lack of response on some requests troubled Wade Hargrove, chairman of UNC’s Board of Trustees.  A lawyer who specialized in the media business and public records, Hargrove said he had told university officials to be forthcoming and timely in responding to public records requests.  “On its face, it’s hard to understand why it takes this long to respond to some requests,” he said.  Yet the trend continued.  And if the chairman of a university’s Board of Trustees had no real influence to put an end to potential stonewalling, then that was very telling with regards to the pecking order of leadership at the school.
            Many critics continued to indicate that the lack of information from UNC suggested that the university was trying to keep the scandal from prompting a second NCAA investigation.  A follow-up visit by the NCAA, Kane wrote, would likely focus on men’s basketball – the school’s holy grail and the commodity it was most closely associated with in the public eye.  Gerald Gurney, a professor and former head of Academic Services for Athletes at the University of Oklahoma, said as much: “It is clear to me that the university does not wish to seek the truth because they are afraid of what the answer might be, and how it might affect their premier athletic program, which is men’s basketball.”
            The News and Observer reported that it had requested all correspondence between the NCAA and the university as it related to the academic fraud scandal.  As of the article’s press time, that request had only been partially fulfilled.  Senator Thom Goolsby said the UNC scandal was a big reason he was pushing legislation that would have created a misdemeanor crime for public officials who refused to provide public records.  Goolsby said he hoped the SBI investigation would answer how the scandal happened, who knew about it and why it took so long to become public.  He conceded, however, that it may not happen, since the SBI investigation pertained to criminal matters and not the extent (and initial intent) of the academic fraud.  “I know that there’s a lot of people in the legislature who are looking out for this, listening for this,” he said.  “We want answers, and I hope we’re going to get them.”  But like UNC’s Board of Trustees chairman Wade Hargrove, apparently state senators didn’t have much influence over the university’s actions, either.
* * *
            Two days later the “Sunshine Day” event panel discussion was held, and the News and Observer provided a recap article of several of the key points.  The March 11, 2013, article’s lead-in tied the topic to the piece that had been released two days earlier, which had detailed how UNC had long delayed the release of certain public documents.  Part of the Sunshine event dealt with discussing the Family Educational Rights and Privacy Act, known as FERPA, which the university had long tried to use as an all-inclusive shield to keep from having to release information.  Many of those documents eventually became public anyway based on a judge’s ruling, saying that FERPA had its limits.  “A lot of times, FERPA is used as an excuse not to release anything,” said Lucy A. Dalglish, the journalism dean at the University of Maryland.  “But there is a lot of information that is release-able.  It can get tricky, but I don’t think FERPA protection extends as broadly as a lot of schools interpret it.” 
            Dalglish was among several speakers at the N.C. Sunshine Day event.  Others included Amanda Martin, general counsel for the N.C. Press Association; Dick Baddour, the former UNC athletics director; Kevin Schwartz, the general manager for the Daily Tar Heel newspaper; and Jon Sasser, attorney for former UNC football coach Butch Davis.  News and Observer reporter Dan Kane also had the opportunity to touch on several topics during the event.
            During a panel discussion on the UNC case, Schwartz said he believed the school had used the Federal Education Privacy Act as a tactic to stall media interest in the story, a sentiment long shared by most everyone not associated with the school.  Dick Baddour objected, however: “I don’t think there’s any evidence that the university was hiding behind FERPA.”  Baddour pointed out, though, that he was not speaking for the school; a representative for UNC was invited to join the panel but had declined.
            Despite having possibly been forced into an early retirement from the school, Baddour was still doggedly supportive of his former employer.  He criticized the News and Observer for publishing the transcript of UNC football player Julius Peppers.  Following a moment of stunned, flabbergasted silence by nearly all in attendance, reporter Dan Kane stated the obvious: the transcript had essentially already been “published” by the school itself, as UNC had allowed it to be publicly housed and viewed on its website for years.  Kane also reiterated that he had asked the university several times about a “test transcript,” giving officials a chance to remove it from public view before it was identified and eventually connected to Peppers by fans of N.C. State University.
            The Sunshine Day event brought more attention to the UNC scandal, and also the institution’s practices of withholding information that would likely further damage the school’s athletics programs.  It showed that Baddour stood by the school’s past actions, but also that Kane and others in the media would continue to pursue the truth.  Despite being a graduate from UNC’s School of Law, Amanda Martin, the lawyer representing the N.C. Press Association, said in reference to the past (and continued) legal pursuit of those public records: "I didn’t relish suing my Alma Mater, but sometimes people just need suing.”  Since a formal representation from UNC had declined the invite, an official response from the university on the event’s various topics was left to guesswork.
* * *
            More than a month later two articles came out on April 18, 2013.  The first appeared in the News and Observer and focused on Chancellor Holden Thorp, who would soon be stepping down at UNC and taking a job at Washington University in St. Louis.  The article in part talked about the overwhelmingly negative effect dealing with athletics could have on a university leader.  Thorp went as far as to suggest that dealing with intercollegiate athletics was the most important part of the chancellor’s job.  “That’s not right that it’s that way,” Thorp said.  “We should try to figure out a way to change that.  But for the time being, if you’re running a school that has big-time sports, if there’s a problem, it can overwhelm you.”
            Thorp said he had been so distracted by athletics that it was difficult to accomplish other priorities.  The article said that when he became chancellor five years earlier, he never would have dreamed of the problems he would face in athletics.  One of the biggest ongoing issues was the massive academic fraud scandal that was heavily centered around athletics.  Thorp acknowledged that he was caught up in the egotistical thought that an athletic scandal could never happen in Chapel Hill.  “In order to be vigilant you can’t be telling yourself, ‘Oh we’re one of the places that never gets in trouble,’” he said.  “That’s part of what hurt us.”
* * *
            The second News and Observer article released on April 18, 2013, focused on university employee Mary Willingham.  She had come forward the previous November to reveal a pattern of athletic/academic cheating that she had observed over multiple years.  Despite the fact that much of her information had been inexplicably ignored by former Governor Jim Martin and the Baker Tilly review team, Willingham still won the Robert Maynard Hutchins Award from The Drake Group – validating her as a reputable source.  It was given annually to a university faculty or staff member who defended the institution’s academic integrity in the face of college athletics.
            In her comments after receiving the award, Willingham spoke more about how athletes stayed eligible at UNC, and how many of them were ill-prepared for college level work.  “Many athletes told me what they would like to study,” she said.  “And listen to what we did.  Instead, we directed them to an array of mismatched classes that have a very, very long history of probable (athletic) eligibility.  And sadly, it’s still happening.”
            Willingham went on to talk about her struggle to combat the system at UNC.  She said that NCAA paperwork would arrive annually that required a signature and promise that she hadn’t seen cheating, or been a part of it.  “I’ve got to tell you that most of the time, I scribbled my initials on it,” she said.  “So yeah, I lied.  I saw it – I saw cheating.  I saw it, I knew about it, I was an accomplice to it, I witnessed it.  And I was afraid, and silent, for so long.”
            Perhaps it was that fear and silence that had long kept almost every other member of UNC’s faculty from speaking up about the academic scandal, and the role that athletics had played in it.  Allen Sack, a member of the faculty at the University of New Haven and the president of The Drake Group, said that faculty members should stand up and say, “No, we’re not going to tolerate this anymore.”  That had clearly not happened at UNC, though.
            The article stated that during her 20-minute speech, Willingham strongly criticized the NCAA – calling the organization a “cartel.”  At the time of the article it had been nearly a year since reports of widespread athletic/academic fraud within the school’s AFAM department had arisen, yet the NCAA still hadn’t returned to reopen a formal investigation.  Willingham also expressed frustration at the amount of money the school had paid on consultants and reports related to the various scandals; consultants and reports that had also largely tried to turn the focus away from athletics.
* * *
            On April 19, 2013, the Raleigh News and Observer’s investigative reporting was honored with recognition in two national journalism contests.  In a staff report posted by the newspaper, it stated that the N&O’s reporting on academic and athletic scandals at UNC had won first place in the education writing category of the National Headliner Awards, which had been announced by the Press Club of Atlantic City.  The award honored three staffers – Dan Kane, J. Andrew Curliss, and Andrew Carter.  The UNC reporting also finished third in the investigative reporting category in the annual Associated Press Sports Editors contest.
* * *
The essential (and unanswered) questions:
-- Had UNC intentionally delayed and/or stonewalled the release of documents in an attempt to limit the damages caused by the ongoing scandals?
-- Despite charging UNC nearly one million dollars for its services, why had Baker Tilly not been able to find the time to closely examine paper records that existed prior to 2001?

-- Why had UNC continued to delay and withhold public documents, even after the chairman of its own Board of Trustees told university officials to be forthcoming and timely in responding to records requests?

Tuesday, November 1, 2016

Tarnished Heels -- Chapter Nine

Chapter Nine
The Julius Peppers transcript

            The previous chapter in part covered the limited scope of the university’s look into the AFAM infractions of the past, as it chose to only go back as far as the year 2007.  The school’s poor reasoning was that past records might be unreliable.  It was clearly detailed, though, how information could be accumulated from former players’ transcripts in order to piece together evidence of earlier potential fraudulent classes – if the school had so chosen.  Ironically, the topic of transcripts would be at the center of the next major turning point of the school’s worsening academic scandal.
            On August 10, 2012, the Raleigh News and Observer printed an article titled “UNC reluctant to dig deeper on scandal.”  It laid out in clear words the stalling and lack of cooperation UNC had shown ever since data had surfaced suggesting its storied men’s basketball program might have been complicit in the academic fraud.  Writer Dan Kane noted that in the previous month Chancellor Holden Thorp had promised full cooperation with a special UNC Board of Governors’ panel that would be reviewing the academic fraud, as well as cooperation with others who were trying to learn what went wrong at the university.  “We welcome the involvement of the Board of Governors’ panel, our trustees, our faculty, and others who care about the university,” Thorp said.  However, the reporter noted that Thorp and the school had shown little interest in digging into two separate and very specific matters that had been brought to their attention by the News and Observer.  Those details, Kane said, could have potentially proven that the scandal involving no-show classes went back several years beyond what the university had confirmed.
            In late July of 2012, approximately two weeks before Kane’s August 12 article, the newspaper had given the university the name of a former UNC student who had been in a fall 2005 AFAM class taught by Julius Nyang’oro.  According to the student, the class had never met – and the newspaper offered emails from that person backing up his claim.  Nancy Davis, the university spokeswoman who had handled much of the media-relations dialogue during the summer of 2012, repeatedly said that officials would not investigate unless the former student came to them directly.  Just prior to the newspaper’s article being published, however, she slightly revised the university’s position in an email that said: “The former student’s experience was consistent with the patterns we identified in our review.”  She declined, however, to provide further explanation.  And the school’s review, of course, had only gone back as far as the summer sessions of 2007; the course the student spoke of had occurred a full two years earlier.
            A second matter the newspaper shared with the university was also met with indifference, and that dealt with a “test transcript” that an N&O reporter found on UNC’s website.  In June of 2012 the reporter showed the university officials the “test transcript,” as it was characterized on the school’s website, which was purportedly developed to help students and advisers use a computer program that told them what courses a student still needed to graduate.  The test transcript, which dated back to 2001, had several distinguishing characteristics that were consistent with the issues raised in the recent AFAM academic scandal.  UNC officials said it was a fictitious transcript, but they declined to look at records to verify and be certain that it was not lifted from a real student’s records, either in whole or in part.
            As had already been suspected by many in the social media realm, the News and Observer’s article verbalized an observation that was becoming clearer by the day: “The lack of investigation into these and other matters raises questions about whether the university is seeking information beyond what it has already reported.”  Jay Smith, a history professor at the school, agreed that the university should have been digging into both of the new matters because they could have shed light on how long the academic fraud took place, as well as who was intended to benefit from it.  “My sense of it, and it’s only a sense,” Smith said, “is that they really want to keep this episode to the Butch Davis era, and conveniently also confined to the football team.”  As documented earlier, head football coach Butch Davis was fired after a prolonged NCAA investigation largely revealed impermissible agent benefits, but also minimal instances of academic improprieties.  That particular NCAA investigation did not, however, uncover the mass academic fraud within the AFAM department.
* * *
            One vital distinction about the fall 2005 class was that it showed that questionable courses were being offered well over a year before Butch Davis would ever arrive on UNC’s campus.  The student (who wished for his name to be withheld) provided emails to the News and Observer that showed he enrolled in the class primarily because it was originally listed in the registration records with a Friday afternoon time, which fit his schedule.  The student later discovered, however, that no class time or classroom was given.  He emailed the teacher of record, Julius Nyang’oro, who replied via email, “You need to come see me.”  The former student said that when he met with Nyang’oro he was told there would be no class, and Nyang’oro instead assigned him a research paper.  The student said he worked hard on a 20-page paper and received an A-minus.  The News and Observer noted that as of the article’s press time, UNC officials had still not contacted the student regarding the class.
            As briefly covered earlier, the second item the newspaper brought to light dealt with the “test transcript,” and especially the various peculiar traits it displayed.  The 2001 transcript was for a fictitious student, according to the university, and listed grades and a Scholastic Aptitude Test (SAT) score.  The SAT score was 870, well below the 1230 average SAT score for UNC students during the late-1990s/early-2000’s timeframe.  The student was also entering his/her senior year of college with a grade point average just over 2.0.  Seemingly even more coincidental was the fact that the student was listed as an African and Afro-American Studies major, the department which was currently at the center of the school’s academic scandal.  The student had completed 12 classes in that department, according to the transcript, with a 2.6 GPA for those courses.  The document also showed that the student was exempt from taking a physical fitness class, a practice that was typically granted to scholarship athletes.
            There were a number of courses on the 2001 test transcript that matched up with those shown to be “no-show” classes in the university’s recent 2012 review of AFAM.  The student received grades of B or better in all of them.  For example, the transcript showed an A for a course known as AFAM seminar, and according to the News and Observer that class had turned up four times as a no-show class in UNC’s review.  The fictional student also took three independent study courses, receiving B’s or better in all of them, and notations indicated he/she was registered for a fourth.  One of the school’s internal reviews in 2012 had cast doubt on the department’s handling of its independent studies, and since the emergence of the scandal a stricter limit had been placed on who could take them.  One final distinguishing factor of the test  transcript was that the student only took a full “five course” load in one fall semester.  The remaining spring and fall semesters only had four classes each, with classes being taken in summer in order for him or her to stay on track.  That is also a scheduling pattern often employed by athletes participating in major collegiate sports.
* * *
            UNC Professor Jay Smith told the News and Observer that even if the transcript was proven to be a mock-up, it was surprising that someone would draw up one that casted the African Studies department in such a poor light.  He also mentioned the uncanny resemblance to the current academic scandal.  “It’s either a real transcript, or it is a startling Freudian slip that reveals the reality of the system,” Smith said.  The most recent university data had shown that athletes made up nearly two-thirds of the enrollments in the 54 no-show classes identified by the school.  In two of those classes, the sole enrollee was a men’s basketball player.
            Despite all of the forewarning given to UNC, and despite Chancellor Holden Thorp’s quote about welcoming the involvement of others, the newspaper’s tips on those two matters (the fall 2005 class and the test transcript) went largely ignored by the university.  Neither the current 2012 UNC registrar Chris Derickson nor the registrar at the time of the transcript’s making, David Lanier, thought it reflected the transcript of an actual student.  Lanier even questioned why a transcript representing an athlete would be drawn up, since they had special academic counselors assigned to them.  Derickson, who became registrar in 2010, said there were many test transcripts pulled together over the years as the university developed the computer program that tracked progress toward a college degree.
            At least one official appeared to show interest in the newly-discovered fraudulent class and the test transcript.  Peter Hans had recently been elected chairman of the UNC Board of Governors.  “I would like to share this with the members of the review panel and ask them to look at it,” he said.  “Maybe there’s a good explanation, but we need to ask those questions.”  As it turned out, the answers would be revealed in the very near future, but not from any proactive fact-seeking steps taken by UNC.
* * *
            The News and Observer article that introduced the test transcript topic to the public was published on Friday, August 10, 2012.  It would only take approximately 48 hours for many of the unanswered pieces to begin falling into place.  In the late afternoon hours of Sunday, August 12, a noted messageboard user on the PackPride.com site indicated that he believed he had connected the “test transcript” on UNC’s website to a real, former student, and that he would be posting definitive news on the site as soon as a final few details could be verified.  From looking at various archived discussion-board threads from that evening of August 12th, the PackPride site began to immediately buzz with anticipation.  Often internet messageboards and chat rooms are filled with wild and inaccurate claims, and much of it can be easily dismissed.  This particular poster, however, was well known by the users of the site.  According to older threads, he had been largely responsible for the meticulous dissection of John Blake’s phone records that had resulted in the uncovering of several questionable trends and connections, and had also posted data and information regarding the AFAM department and its independent study courses, which lead to further questions about the longevity of the academic scandal.  In short, he appeared to be a trusted source, and thus the fans on the site reacted with great anticipation to the upcoming news.
            Within an hour of that initial premonition, a new thread was started on the PackPride.com site with the title stating the owner of the “test transcript” had indeed been identified.  The narrative of the post gave elaborate pieces of data and information, citing years, test scores, dates, and also a bevy of quotes from past news articles – some of which were almost a decade old.  The data all culminated in the announcement of the test transcript being the actual, real transcript of Julius Peppers, a former star athlete for UNC who had played for both the football team and the men’s basketball team.
            The depth of the researched connections in that messageboard post was extremely convincing.  The final blow of confirmation would seemingly come approximately an hour later on that Sunday evening.  According to the archived thread, users on the site began to revisit the UNC webpage where the transcript was housed.  One noticed that the root directory for the transcript could be accessed by simply removing some of the extensions from his internet browser’s address bar.  Once that was done one was taken to the root directory where a number of files were listed.  After clicking on several of those files a discovery was made: the authentic transcript of Peppers, with his full name printed at the top, was there for anyone to see.  The school had apparently housed his transcript in one of the server’s public directories, made a copy of it on another page, and replaced his name with “test transcript.”  They had not, however, taken the time to remove his real transcript from the server.  As a result, it had essentially been accessible to the public for over 10 years.  News about the PackPride.com connections and discovery began to spread throughout the social media world, and by the next morning it was one of the top sports topics being covered on a multitude of reputable media sites. 
* * *
Reporter Dan Kane of the News and Observer submitted a blog post to the newspaper’s website in the early morning hours of Monday, August 13, 2012, with a full article to later follow.  He restated many of the findings from the previous evening’s PackPride.com thread, along with reiterating important information from some of his earlier articles.  The reporter began by saying a 2001 academic transcript published by the newspaper on Friday that UNC officials had insisted was fake could actually be the real thing, and it could also belong to one of the most popular athletes in the university’s history – Julius Peppers.  Specific dates were given with regards to Peppers’ collegiate career, in that he was a star football player from 1999 to 2001, and was a member of the basketball team for two seasons – including one that included an appearance in a Final Four.
If proven authentic, Kane said, the university could be in far deeper trouble with regard to an ongoing academic scandal that was still coming into view.  At issue, he reminded his readers, was whether individuals in the university set up a series of bogus, no-show classes that were predominantly taken by athletes with the possible intent of helping them maintain their eligibility to play sports.  The Peppers’ revelation would also suggest that fraudulent classes for athletes may have been going on much longer than university officials had been willing to look into and confirm. 
According to Kane, a review of the website-linked transcript featuring Peppers’ name at the top alongside the “test transcript” on the site showed a perfect match for 34 of 36 listed classes.  The two that were not exact showed the same class and semester, but differed on the grade.  The Peppers transcript showed an incomplete for one of the classes, “Black Nationalism,” while the test transcript showed the student received a B-plus.  For the second and final anomaly, the Peppers transcript showed he was registered to take an “African American Seminar” class, while the test transcript showed an A grade.  As a reminder of the school’s earlier investigation into the AFAM department, a number of unauthorized grade changes had been made to students’ marks from the year 2007 to 2011.  This could have easily been the case with the two minor grade anomalies on Peppers’ transcript, as well.
Kane would continue to seemingly point out the obvious, but his persistence in explanation was certainly understandable given the obtuse lack of cooperation and concern that his newspaper and other media outlets had recently received from UNC officials.  If the information about the transcript proved true, he wrote, the discovery could cause huge problems for the school.  For one, the newspaper had reported the test transcript because it shared several characteristics with the ongoing major academic fraud scandal at the school – a scandal that UNC officials had been reluctant to determine just how far back it went. 
As a first specific example that the scandal may have had much earlier roots, Kane showed that the “African-American Seminar” class that was shown on the website transcript was known as AFAM 070 in 2001, but as AFAM 396 during the present day.  It had appeared four times as a no-show class in the internal review that had found 54 such classes from 2007 to 2011, leading to serious questions as to whether it was a no-show class in 2001 as well.  As further evidence, the transcript showed grades of B or better on two other classes that had surfaced as suspect classes, and three independent studies in which grades of B or better were given.  The independent studies were also suspect because university officials could not verify that anyone taught or supervised the students who took them.  The upshot of the multitude of questionable classes and the high grades those classes provided Peppers was that without them he likely would not have been eligible to play – either football or basketball.
The Sunday night messageboard post on PackPride.com had also highlighted another confirming detail which Kane made reference to in his later blog entry: a 2003 ESPN feature story on Peppers in which his agent, Carl Carey, was described as having saved Peppers from receiving a failing grade during Peppers’ first semester.  According to the article, Carey convinced a professor to give Peppers a re-test on the final exam in an “Elements of Drama” class in order to receive an overall passing grade.  The transcripts (both “test” and real) showed a D for that class.  The very first lines from that 2003 ESPN article by Tom Friend, in fact, were: “Behind every great college athlete is… a tutor.  And behind every great two-sport college athlete is… a miracle worker.”  It discussed various aspects of Peppers’ time while a student athlete at UNC, including him being thrown out of UNC’s summer orientation program for repeatedly missing curfew and for ordering a pair of Air Jordan shoes with his university stipend money, which was impermissible.  It also mentioned the fact that in the same summer Carl Carey had accepted a job as a UNC academic advisor, he had essentially been assigned to Peppers in order to “straighten him out.”  Next was the episode of the discussion with the drama teacher.  Then an anecdote of how Peppers didn’t want to do his school work, and would sometimes be 12 hours late for study sessions with Carey.  Yet, as the article pointed out, “he’d always stay eligible.”
If the tutor’s name (Carl Carey) sounds familiar, that is because not only was he currently (in 2012) Peppers’ agent, but he was also previously mentioned in Chapter Five of this book.  He was the sports agent who was hired by AFAM Chairman Julius Nyang’oro to teach a 2011 summer class on UNC’s campus – during the ongoing NCAA investigation – and who also had taught in the AFAM department a decade earlier.  Following his initial stint serving as an academic advisor with UNC and also teaching in the AFAM department, he would then leave to become a sports agent.  He would sign Julius Peppers – the athlete whom he helped to get through college – as his premier client in 2002.
On the Monday morning following the Sunday-night PackPride.com messageboard post, university officials could not be reached by the News and Observer for comment.  Kane reminded readers once again that over the previous several weeks UNC officials had repeatedly said that the test transcript was just that, a mock-up put together to test a university computer program that helped students learn what other courses were needed to obtain a degree.  However, those officials refused to check academic records to back up their claims, and as a result were left to deal with the embarrassing – and potentially damning – fallout.
* * *
On August 13, 2012, the USA Today website posted an article consisting of multiple pieces of information gathered from wire reports.  According to the article, UNC had released a statement late on Monday saying it had removed the transcript link and that it couldn’t discuss confidential student information covered by federal privacy laws.  The school did not confirm the authenticity of the partial grade summary, despite having the full name “Julius Frazier Peppers” at the top.  A released quote said, “Student academic records should never be accessible to the public, and the university is investigating reports of what appears to be a former student transcript on the university’s website.”
Other information from the USA Today article recounted some of the previous details from both PackPride.com and the News and Observer’s Dan Kane, while adding other bits of data, as well.  It was pointed out that nine of the ten classes in which Peppers earned a B-plus, B, or B-minus – grades that helped to ensure his eligibility – came in the AFAM department where he was majoring.  Once again it was made clear that Peppers had also played for UNC’s basketball team, under former coaches Bill Guthridge – a long-time assistant to Hall of Fame coach Dean Smith, and then Matt Doherty – a former player of Smith’s.  In June, over a month prior to the discovery of the Peppers transcript, NCAA spokeswoman Stacey Osburn had referred questions to the school when asked whether investigators would return to Chapel Hill in the aftermath of the initial AFAM university review.  Osburn did not immediately return an email for comment following the newest developments that spanned much further into the past, the article said.
* * *
In the days following the discovery of the apparent Peppers transcript, some interesting side stories would emerge.  One dealt with News and Observer reporter Dan Kane, and the matter was discussed in a blog article posted on August 14, 2012, by one of the newspaper’s editors, Steve Riley.  In it he mentioned that Kane had attracted a lot of attention due to his numerous investigative articles on UNC’s academic fraud scandal, with one resulting effect being a website that had shown up earlier in the year called dirtydankane.com.  A sports site called The Big Lead had recently raised the question of whether Julius Peppers’ agent had set up the site in order to vent his anger about Kane.  “In a word, yes,” N&O editor Steve Riley wrote.  “But the site set up by Carl Carey Jr. goes back a few months, and it isn’t related to Dan’s work Monday and Tuesday about the UNC transcript bearing Peppers’ name.”  As it would turn out, Carey was apparently upset when Kane had reported in August of 2011 that Carey had been hired by UNC to teach a summer course while the school was under investigation for, among other things, athletes receiving improper benefits from agents.  “Sure, I picked a horrible time to go back and teach at UNC,” Carey had written the News and Observer in an earlier email.  “I was totally unaware of the depth of the issues going on there.”  After the August 2011 article, Carey felt that he had been somehow linked to the agent issues at UNC and resented it, at one point threatening to sue the News and Observer.  That August 2011 article showed up when a person Googled him, Carey said, and he wanted something negative to show up when someone Googled Kane.  Riley closed his article by saying, “I’m Dan’s editor, and I can tell you that I’ve never seen a more dogged and determined reporter.  But I’ve also not seen one any more dedicated to being fair and placing things in their proper context.  He will keep reporting this story, regardless of the web site assembled in his honor.”
The website sportsagentblog.com gave some further details on the matter in an article it posted on August 16, 2012.  It stated that Jason McIntyre of “The Big Lead” surmised that Carey was the owner of the dirtydankane website based on a whois.com search which reveals who registered virtually any particular website.  It is possible to make a website’s registration anonymous, but that precaution was not taken, however.  The whois.com search revealed that a Cary Carey of Houston, Texas, registered the dirtydankane website in question.  This was information that the News and Observer’s Steve Riley had alluded to in his article.  However, when sources from sportsagentblog.com reached out to Carey, he gave the response that “I am not the owner of a website designed to smear anyone.”  Apparently he was unaware of public internet documentation of website registrations, such as the whois.com site.
* * *
The Raleigh News and Observer entered the fray once again on August 17, 2012, exactly one week after its article about the “test transcript” that UNC officials had claimed was fictional, and which the school had refused to look into further.  More research had been conducted by the newspaper, and as the article’s title referenced, “Transcript shows low hurdles for UNC athletes to stay eligible.”  Details included the breakdowns of Peppers’ grade point average for each semester, and possible scenarios for how he had managed to continue playing sports.
The article began by noting how numerous media members (and also people in the social media realm) had wondered how an athlete with such poor grades as shown on the transcript could have remained eligible to play both football and basketball at a presumably premier academic institution as UNC.  The transcript showed that Peppers received D’s or F’s in eleven classes.  He ended his first full semester at the school with a 1.08 GPA, it never went above a 1.95 during his entire collegiate-playing career, and yet he was never academically ineligible.  The article’s author, Andrew Carter, pointed out that Peppers often came close to ineligibility, though.  Peppers ended his spring 2001 semester with a 1.82 GPA.  According to the school’s minimum standards for athletes at the time, he would have needed a GPA of at least a 1.9 to play football in the fall of 2001.  His named transcript did not list any grades after the 2001 spring semester, but the one identified as a “test transcript” offered clues about how he kept his eligibility.  The N&O would also remind its readers that the test transcript was an almost exact match for the one with Peppers’ name.
According to the transcript, when he was in the most jeopardy to lose his eligibility Peppers received two very specific and notable grades. The first was a B-plus in the spring of 2001 in a course entitled “Black Nationalism.”  The second was in the summer of 2001 in an African and Afro-American Studies seminar, in which he received an A.  Those two grades – both in the AFAM department that was embroiled in an academic scandal centered around fraudulent no-show classes and forged grade changes – were ultimately enough to improve his GPA as to be eligible to play sports in the fall of 2001, his final season before entering the NFL.
The News and Observer article interviewed one of the very few faculty members willing to speak out against the academic embarrassment, UNC history professor Jay Smith.  He had studied Peppers’ transcript with interest, and said, “Assuming it’s a legitimate transcript – and I guess everything suggests that it is – I was struck by the very poor showing in the student’s very first semester.  And (by) the pattern that quickly developed of the student doing a kind of high-wire act – barely staying eligible, or even falling under the eligibility bar in the course of the academic year and then getting back over the bar with courses over the summer.”  And the courses that always allowed Peppers to retain his eligibility?  They were classes in the fraudulent AFAM department.
Indeed, the data mined by the N&O showed that Peppers carried a 2.16 GPA in AFAM courses.  Not a stellar academic performance by any means, but suitable enough to balance out his non-AFAM courses – in which he received a cumulative 1.41 GPA.  Other stark contrasts were shown between his work in the more standard fall and spring semesters when compared to his work in summer classes.  He produced a 1.65 GPA in his first six fall and spring semesters, but a 2.93 GPA in the four summer classes for which letter grades were listed on the transcript.  At the time of the article, UNC officials were still not confirming that the transcript was Peppers’.  They had said, however, that Peppers was academically eligible to compete during his career at the school.
The article reported that to ultimately remain eligible during Peppers’ years at UNC the university required athletes to have at least a 1.5 GPA entering their third semester, a 1.75 entering their fifth semester, and a 1.9 entering their seventh semester.  It wasn’t until athletes entered their ninth semester – their fifth year of eligibility – that they would have needed a 2.0 GPA to be academically eligible.  “In retrospect,” Professor Jay Smith said, “it’s kind of amazing that the floor was ever that low.”  Coincidentally or not, Peppers managed to stay just above the eligibility threshold entering each of those semester benchmarks, and it was always thanks to high grades received in AFAM courses.  He left for the NFL prior to his ninth semester.
In the fall of 2006 UNC adopted stricter academic eligibility requirements.  Jay Smith praised the school’s improved standards but questioned what it really meant.  “I guess that’s one thing that has changed for the positive in the last few years,” he said.  “Although, I doubt that the stricter GPA guidelines have done much to change the nature of the overall game that is played.  The game is still, it seems to me at most big-time sports universities, to find course schedules that will keep players eligible.”
* * *
There was also a legal angle to consider regarding the possible inadvertent publishing of Peppers’ transcript by the school.  According to an article on wral.com, the simple fact that the document appeared online could have been a violation of a federal law.  At the time of the article UNC had still not confirmed or denied that it was in fact authentic, but were reportedly looking into the validity of it and were seeking answers to how it may have ended up on the university’s website.  According to a U.S. Department of Education official, the Federal Educational Rights and Privacy Act “protects the education record of the student who is or has been in attendance at the school.”  The official told wral.com that it made no difference whether the student was current or former.  “Under FERPA, a consent for disclosure of education records must be signed and dated and must specify the records that may be disclosed; state the purpose of the disclosure; and identify the party or class of parties to whom the disclosure may be made,” the official said in a statement.  “If a student contacts this office alleging that his or her rights under FERPA had been violated, we may open an investigation.”  In extreme cases, an institution that violated FERPA could even lose federal funding.
Professor Jay Smith spoke on a morning radio show two days after the transcript’s discovery.  “I have come to the conclusion the problem is a systemic one,” he told hosts on 99.9 The Fan ESPN Radio.  “It is a systemic problem across the (UNC) campus.”  Board of Trustees Chairman Wade Hargrove also spoke up on the matter, though he was noncommittal.  “The university is continuing this investigation.  (It) is not over, and when there is factual information to disclose it will be discussed.”  UNC did not answer any additional questions for wral.com, and multiple calls to Peppers and his agent had gone unanswered.  A U.S. Department of Education official said that a student would have to complain about a potential FERPA violation before any potential action could be taken against an institution.  Once Peppers finally spoke up, however, it quickly became apparent that restitution from the university would not be sought by its former star athlete.
* * *
 On Saturday, August 18, 2012, numerous articles began to be published indicating that Julius Peppers had released a statement to the Chicago Tribune, the hometown paper of the NFL’s Chicago Bears, for whom Peppers played at the time.  He confirmed the transcript was his, and displayed disappointment that it had been inadvertently published.  He did not, however, indicate that he would be taking any sort of legal action against UNC.  Instead, the statement was largely void of negativity towards the university; he even thanked the school’s academic and athletic staff for their help and guidance during his time at UNC.  He said he was currently “thinking of ways that I can use my experiences and resources” to help support students early in their college career.  The meaning behind that quote would become apparent two days later.
According to an August 20, 2012, article on ESPN.com, the school announced that Peppers had earlier that day donated $250,000 to UNC’s “Light on the Hill Society” scholarship fund, which supported African-American students.  Peppers had previously donated $100,000 to the scholarship fund in 2009.  “This gift is indicative of the kind of man Julius Peppers has become,” Richard Williams, chair of the Light on the Hill Society board, said in a prepared statement.  “I am very proud that he credits his experiences at Chapel Hill for helping to shape him.”
* * *
Once again questions would arise from the media regarding just how long the academic improprieties had been occurring at UNC.  Chancellor Holden Thorp had repeatedly defended the school’s decision to only look as far back as 2007 in its search for fraudulent classes.  His reasoning had already been proven to be tenuous due to the abundance of available student data at the university’s disposal.  With the virtual assurance of past indiscretions dating back at least to 1999 (by way of the information held within Peppers’ transcript), the poor choice of the school’s limited 2007 timeframe was further exposed.  Based on an article published by The Daily Tar Heel on August 21, 2012, Thorp also appeared to be showing some signs of agitation on the matter.  When questioned about how long the academic deceit had been occurring at the university, Thorp replied, “We never said it just started in 2007,” offering yet another deflection away from the inadequate in-house investigation the school had sanctioned earlier in 2012.
            In late August UNC would finally reveal how Peppers’ academic transcript ended up on the university website.  Based on an article by triangle.news14.com, Thorp told a five-member UNC Board of Governors panel that two staffers had made a mistake more than a decade earlier that resulted in the transcript’s display.  “Neither staff member protected student confidential information to the degree that they should have,” Thorp said.  “The first staff member has been disciplined; the second no longer works at the university.  These incidents happened a long time ago and the university has long since changed the protocol for how test student records are set up and maintained.”  Thorp indicated that the staff members had been updating the university’s old student information system at the time.
            In that same article it was revealed that beginning with the 2013 school year, the Department of African and Afro-American Studies would have a new name.  It would be called the African, African American and Diaspora (AAAD).  The change had been approved by the administrative board, and the department reportedly felt the new name better reflected what they taught.  Chancellor Thorp said he felt that new safeguards could turn the university into a model for other schools struggling with similar issues.  He also took the opportunity to repeat one of the school’s key PR themes of “looking forward” when he said, “We will fix this and it will never happen again.”  The damage of the release of Peppers’ transcript – and all its deep insinuations – had begun to spread, however.  Multiple factions within the media were finally coming to the full realization that numerous basketball players of UNC’s various national title teams had almost certainly profited from the dishonest academic system that was being exposed.
* * *
The essential (and unanswered) questions:
-- Why did the university refuse to look into a student’s claim that he took a no-show course in AFAM in 2005, which was two years prior to the earliest search parameter of the school’s internal review?
-- Why would the university not take the time to verify if the “test transcript” that had been brought to its attention actually belonged to a real student?
-- Why was a messageboard user able to research and connect the test transcript to Julius Peppers in a matter of hours, yet the school had been unable – or unwilling – to previously come to the same conclusion?
-- How many of the nearly twenty AFAM courses that Peppers took during his college career – courses that were responsible for allowing him to remain eligible to participate in athletics – were fraudulent?
-- Why was the NCAA remaining silent regarding obvious and blatant instances of academic fraud involving athletes?
-- Why was Professor Jay Smith the only UNC faculty member willing to speak out regarding the embarrassment that athletics continued to cause the university?



Sunday, October 30, 2016

Tarnished Heels -- Chapter Seven

Chapter Seven
Academic fraud; AFAM grade changes; Deborah Crowder

            In May of 2012 UNC released the report from a faculty-led internal investigation into the school’s Department of African and Afro-American Studies (AFAM).  According to a May 4, 2012, article by investigative reporter Dan Kane of the Raleigh News and Observer, evidence had been found of academic fraud involving more than 50 classes that ranged from no-show professors to unauthorized grade changes.  The report would give many details, but also seemingly leave just as many important questions unanswered. 
            According to Kane’s article, one of the no-show classes was a Swahili course taken by former football player Michael McAdoo.  That same course had earlier been at the center of the NCAA claims that McAdoo had received impermissible tutoring, which then led to the discovery of a paper being heavily plagiarized.  The vast majority of the suspect AFAM classes were found to have been taught by former department chairman Julius Nyang’oro.  Along with the release of the report, the university also said that Nyang’oro would be retiring effective July 1.  According to Nancy Davis, the Associate Vice Chancellor for University Relations, “Professor Nyang’oro offered to retire, and we agreed that was in the best interest of the department, the college and the university.”
            The report attempted to make it clear that there was no evidence that student athletes received more favorable treatment (via the suspect courses) than students who were not athletes.  In fact, this would become a common sentiment to be proclaimed by UNC leadership in the months and years to come, and was the school’s main argument that its athletic teams should not be punished due to the academic fraud: because non-athletes were part of the classes as well.  Possible insight into why non-athletes were in those classes would eventually be revealed, but not for over a year after the release of the May 2012 report.  As such, that information will be discussed in a later chapter.
            A direct line from Kane’s article stated, “The findings were so serious that the university consulted with the district attorney and the SBI about investigating forgery allegations, as some professors said their signatures were forged in documents certifying that they had taught some of the classes in question.  Professors also said they had not authorized grade changes for students that the department submitted to the registrar’s office.”
            An immediate set of questions would arise from the lines in the above paragraph.  The most obvious dealt with the grade changes.  For whom were they changed, and what were the new/old grades?  And what effects, if any, did it have on those students’ overall grade point averages?  If they were athletes, did the changes allow them to keep their eligibility in a particular sport?  More than a year and a half later, the school has still not revealed that information.
* * *
            According to the report, law enforcement officials declined to investigate because they did not think the forgeries rose to the level of criminal activity.  What was apparently not considered, however, was the fact that some of the forgeries dealt with classes that were “on record” with the school, and where students received grades.  They were part of the monetary framework of the university’s financial and bookkeeping structure.  Yet no one taught them – since the professors’ said signatures were forged.  Did anyone receive the pay for having taught those classes, even though no “teaching” took place?
            Jonathan Hartlyn and William L. Andrews were the two senior faculty administrators who conducted the investigation.  In a joint statement they said, “We are deeply disturbed by what we have learned in the course of our review.  Our review has exposed numerous violations of professional trust, affecting the relationship of faculty and students and the relationships among faculty colleagues in this department.  These violations have undermined the educational experience of a number of students, have the potential to generate unfounded doubt and mistrust toward the department and faculty, and could harm the academic reputation of the university.”
            Information that would become extremely important in the future was that the timeframe covered in the report only went back as far as the summer of 2007, and ended with the summer of 2011.  A reason for this was given in a later interview by Chancellor Holden Thorp, who said the course review did not go back before summer 2007 because the university wanted to obtain the most accurate records and recollections available.  Another possible explanation, though obviously never stated by the university, was that the summer of 2007 coincided with the first time the recruits of former football coach Butch Davis were on campus.  Furthermore, Davis was fired in late July of 2011, showing that his tenure at the school essentially mirrored the time period UNC chose to focus its AFAM report.  Many in the social media world would suggest, perhaps rightfully so, that the school was attempting to pin all of its academic troubles on the now-ended Davis regime and his football players
* * *
            Much more valuable insight was provided via the report and the aforementioned article by Dan Kane.  It showed that the AFAM department’s long-time administrator, Deborah Crowder, would have overseen much of the course scheduling and grade recording.  She retired in September 2009 and declined to be interviewed for the internal investigation.  The newspaper reported that she made $36,130 a year before retiring, but she could also not be reached for further comment by the newspaper.  Like the pattern that followed the initial mentioning of Nyang’oro’s name a year earlier, Crowder would also soon become a much more central figure in the academic scandal.
            One of the classes that was deemed a “no-show” course was the 400-level class where Marvin Austin received a B-plus during his first summer on campus.  Kane’s article noted that Nyang’oro had been unable to produce a syllabus for that class, “Bioethics in Afro-American Studies,” or the Swahili class that Michael McAdoo had taken.  That was another red flag, according to the school’s report, because documents provided by other professors teaching similar courses focused on reading and writing in Swahili, not writing papers about Swahili culture in English, as McAdoo had submitted. 
            More problems arose when Nyang’oro told the university investigators that he did not teach the aforementioned Swahili class, yet the plagiarized paper McAdoo submitted listed Nyang’oro’s name as the course professor.  The investigation found it was one of nine classes in which there was no evidence that any professor “actually supervised the course and graded the work, although grade rolls were signed and submitted.”  And as stated earlier, other professors who were listed on grade rolls for those classes said their names were forged on course documents.  McAdoo was one of 59 students taking those classes.  Yet again, an obvious question was left unasked and thus unanswered: who were the other students?  Were they athletes whose eligibility was somehow affected by the fake grades?
            The report also found a “strikingly high” percentage of cases in Nyang’oro’s classes in which temporary grades were converted to permanent ones.  Several other faculty members said they had not authorized grade changes for students.  It was not detailed in the report whether the newer, “permanent” grades were higher than the “temporary” ones, despite this being a seemingly obvious set of data to seek in order to uncover motive.  And once again, the issue of athletic eligibility was completely ignored by the report – despite the clear evidence of Marvin Austin and Michael McAdoo benefitting from taking the classes, McAdoo’s plagiarism withstanding.  As detailed when discussing Austin’s transcript in Chapter Five, a 2.0 grade point average was required to be in good academic standing at the school.  If temporary grades were later changed to permanent ones, and the ensuing result was that an athlete’s GPA was bumped above the 2.0 threshold, then clear intent would be established.  Again, none of that was addressed in the report.  Whether the investigators looked into the matter and then chose to not include it, based on what they possibly discovered, is unknown.
            Indeed, the report did not cast any blame on the athletics department.  However, information obtained by the News and Observer showed the AFAM’s independent study courses were popular with athletes, and that Nyang’oro was often teaching them.  Such courses had drawn suspicion in the past due to the sometimes lax attendance and work policies, and athletic programs at other universities had gotten into trouble based on some independent study courses, according to the N&O.
            In all, nine courses from the summer 2007 through summer 2011 timeframe were found to be aberrant, meaning there was evidence that students completed written work, submitted it to the department and received grades, but there was no evidence that the faculty member listed as instructor of record or any other faculty member actually supervised the course and graded the work.  Those nine courses had a collective total of 59 registered students, according to the report.  Furthermore, an additional 43 courses with a collective total of 599 registered students were either aberrant or were taught irregularly.  The latter meant that the instructor provided an assignment and evidently graded the resultant paper, but engaged in limited or no classroom or other instructional contact with students.
* * *
            The AFAM’s long-time administrator, Deborah Crowder, was earlier mentioned as being the person who would have overseen much of the course scheduling and grade recording within the department.  Crowder began working at the university in 1979, and retired in 2009.  Details would emerge that showed a very close relationship between Crowder and the men’s basketball program.  She had been in a long-standing relationship with former basketball player Warren Martin, who played on the 1982 National Championship team.  At the time the various fraudulent classes were being revealed, Crowder also had a Facebook social media page.  When the report was publicly revealed her Facebook page was still open to public view, and her “friends” list contained a staggering collection of former UNC men’s basketball players – many of whom had played on past National Championship teams. 
Included were:
-- Wayne Ellington (played from 2006-09, and was a member of the 2009 National Championship team)
-- Bobby Frasor (2006-09, and a member of the 2009 National Championship team)
-- Tyler Hansbrough (2005-09, and a member of the 2009 National Championship team)
-- Quentin Thomas (2004-08, and a member of the 2005 National Championship team)
-- Wes Miller (2004-07, and a member of the 2005 National Championship team)
-- Byron Sanders (2003-06, and a member of the 2005 National Championship team)
-- David Noel (2002-06, and a member of the 2005 National Championship team)
-- Rashad McCants (2002-05, and a member of the 2005 National Championship team)
-- (The wife of) Jawad Williams (2001-05, and a member of the 2005 National Championship team)
-- (The wife of) Jackie Manuel (2001-05, and a member of the 2005 National Championship team)
-- Will Johnson (1999-03)
-- Terrence Newby (1997-00)
-- Ademola Okulaja (1995-99)
-- Donald Williams (1992-95, and a member of the 1993 National Championship team)
-- Derrick Phelps (1990-94, and a member of the 1993 National Championship team)
-- Kevin Salvadori (1990-94, and a member of the 1993 National Championship team)
-- J.R. Reid (1986-89)
-- David Popson (1984-87)
            One other name of note stood out amongst Crowder’s “friends” list: Kay Thomas.  Thomas was a long-time secretary of the UNC men’s basketball team.  According to a 2012 interview with the website keepingitheel.com, Thomas worked for the basketball program under Coach Dean Smith until he retired.
Also of significant interest was the emerging revelation that Crowder was very close to Burgess McSwain, a long-time academic adviser to UNC’s men’s basketball team.  A story that originally appeared in the Chapel Hill News in February of 2004 detailed many of McSwain’s accomplishments involving academics and the school’s basketball team.  There was even a quote given by Julius Nyang’oro in the article.  It followed a lead-in that proclaimed that McSwain’s efforts and skills as a teacher had won the respect of numerous UNC faculty members who regularly teach student athletes.  Nyang’oro’s remarks immediately followed, part of which stated, “Burgess has a clear sense of what a teacher needs to do to convey the key concepts that need to be understood.  She is another transmission belt in the teaching process.”  In fact, that specific topic, “faculty members who regularly teach student athletes,” was immediately changed following Nyang’oro’s quotes, leaving him as the only faculty member featured in the section.  Later in the article McSwain was quoted as saying, “I tell people who ask me that it’s not a sham at Carolina.  I can’t say what happens at other schools, but at Carolina, while we may spoon-feed them a little bit, they go in and take their own exams and write their own papers.  We don’t do their work for them.”  Whether she was aware of the fraudulent activities within the AFAM department that benefitted basketball players is unknown.  McSwain died on July 9, 2004, after a long illness.
According to information that would surface later in 2012 via an article from the Charlotte Observer, Crowder had received $100,000 and some Hummel figurines in 2008 from the estate of Burgess McSwain’s father.  The payment was said to have arisen from a “close” friendship Crowder had with Ms. McSwain.  The money and items were reported to be in exchange for taking care of the father’s dogs. 
* * *
            More notable information from the AFAM investigative report surfaced just a few days later via another News and Observer article penned by Dan Kane, which made heavy use of statistics gleaned from the documents.  It revealed that football and basketball players accounted for nearly four of every ten students enrolled in fifty-four classes at the heart of the academic fraud investigation.  The actual number of athletically-associated enrollments might have even been higher, as trainers, volunteers, and other “support” members of the teams were not identified – only those who were official sports participants.  While perhaps shocking to the general public, there were signs beforehand that should have hinted at the news, what with Austin and McAdoo’s earlier transgressions, and then Crowder’s close ties with the basketball program. 
Crowder’s presence brought up another huge red flag once the percentage of basketball enrollees was revealed, and led to a topic that few in the media (and none at UNC or even the NCAA) seemed to want to tackle: As previously mentioned, there were unauthorized grade changes.  For whom were they changed?  Were they for football and/or basketball players?  And if so, how did it affect the GPA’s and eventual eligibility of those players?  Someone at the university – and likely the AFAM department – changed those grades.  A fair line of reasoning to follow up on would be to look at people who had connections and/or a vested interest in the athletic programs.  Deborah Crowder unequivocally fit those parameters, especially with the basketball program.  Yet the grades of past basketball players were never looked into by the university – or if they were, it was never publicly acknowledged by the university.  As explained in an earlier chapter, if players were found to have participated while ineligible, then victories would have to be forfeited.  The UNC men’s basketball team won national titles in the very recent years of 2009 and 2005.  It also won a title in 1993, which just happened to be the year after Julius Nyang’oro took over as the chairman of the AFAM department.   And it won a title in 1982, a team on which Deborah Crowder’s boyfriend, Warren Martin, played.  Yet no questions were asked regarding this massive set of coinciding and suggestive information.
According to the News and Observer’s article, university officials say they found no evidence that the suspect classes were part of a plan between Nyang’oro and the athletics department for eligibility-maintaining purposes.  And once again the same reasoning was given that Hartlyn and Andrews had used in their report: Student athletes were treated no differently in the classes than students who were not athletes.  It should be noted that in the summer of 2011 the university hired a Raleigh public relations firm to help with their handling of the ongoing scandal.  As time would go on, more and more people associated with UNC would repeat some of the same phrases over and over again, emphasizing points that would appear to convey less wrongdoing on the university’s part, and thus hopefully keep the NCAA from returning to the school – such as the “student athletes vs. non-student athletes” technicality.
* * *
Former State Supreme Court Justice Bob Orr, at the time an attorney, was quoted as saying, “These kids are putting in enormous amounts of time, and in at least some of the sports that are very physically demanding, they are missing a number of classes because of conflicts, and then if they are a marginal student to begin with, you’ve got to send them to Professor Nyang’oro’s class.  I think the academic counselors realized that and the tutors realized it and frankly the folks up the food chain for the most part recognized it.  But nobody wants to rock the boat because it’s big money.”
Kane’s article went on to further break down the reported enrollments in the suspect classes.  Of the 686 students, 246 of the enrollments, or 36 percent, were football players, and 23 enrollments, or three percent, were basketball players, according to UNC.  Kane went on to point out that football and basketball players accounted for less than one percent of the total undergraduate enrollment – about 120 of the more than 18,500 undergraduate students on campus – yet they accounted for nearly 40 percent of the enrollments in fraudulent classes. 
Some in the social media realm tried to immediately downplay basketball’s involvement, pointing to the relatively low “three percent” statistic (23 enrollments).  That argument was statistically flawed, however.  The short timeframe of the school’s investigative report into AFAM classes was from 2007 to 2011.  During that same time period, there were 26 total scholarship players who participated on the four men’s basketball teams that covered the same timeframe.  There are several counterarguments that could shed a different light on that data:  If each of those 23 basketball AFAM enrollees only took one fraudulent class apiece, then all but three men’s basketball members from 2007 to 2011 would retroactively lose their eligibility (assuming the academic fraud was appropriately acted upon by the NCAA, or even the university itself).  If a group of players took two classes apiece, that would still mean that at least 11 players would retroactively lose their eligibility – 42 percent of the players from 2007 to 2011.  In either scenario, the team would be forced to vacate all of its victories during that timeframe – including the 2009 National Championship.  So once again, it became increasingly apparent why the university was unwilling to dig any deeper into the AFAM fraud.  The basketball team and its past accomplishments were coming close to being placed at the center of the microscope, and those glories were as much a part UNC’s image as any academic reputation had ever been.
* * *
As more dissecting of the university’s investigative report continued, even more questions appeared to be left unanswered.  According to the May 7, 2012, article in the News and Observer, university officials could not say why no one brought the suspect classes to their attention before the previous summer.  Jonathan Hartlyn and William Andrews, the two UNC academic officials who conducted the probe, did not interview students for the report – despite the fact that they must have known all of the students’ names who were in the classes, as they reportedly had open access to all past records.  However, Nancy Davis, a university spokeswoman, said the university’s counsel, Leslie Strohm, and its former faculty athletics representative, Jack Evans, did talk to students.  Inexplicably, those interviews were not reflected in the report.  As noted before, other information that was not reflected in the report was for whom specific grades were altered.  While the Family Educational Rights and Privacy Act (FERPA) would prevent the report from naming specific students, it could have very easily indicated whether the grades of athletes were changed – and what effect it had on those athletes’ overall GPA.  But once again, that was not pursued by the report’s investigators or by the university as a whole.
            Tom Ross, the UNC system president and a graduate of UNC’s School of Law, stated a theme that would be oft-repeated in the coming months by those closely associated with the university: It was time to look forward, and not backwards.  He said in a statement that he saw no need to look further into the academic improprieties.  “I believe that this was an isolated situation,” Ross said, “and that the campus has taken appropriate steps to correct problems and put additional safeguards in place.”  On what information he was basing his assumption that it was an isolated situation, however, was certainly unclear.  Hannah Gage, chairman of the UNC System’s Board of Governors and another UNC graduate, said she would not know if the board would be seeking more information until she had talked to others.  As pointed out in Chapter Two, UNC graduates held a significantly higher percentage of the BOG seats than any other university in the 16-institution system.
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The essential (and unanswered) questions:
-- Who changed the grades for the students? 
-- Who forged the professors’ signatures? 
-- Who was ultimately paid for the various classes where the teacher was “unknown?”
-- How many athletes took part in the fraudulent classes, and for which sports? 
-- Did those grades affect their GPA’s, and if deemed impermissible, then retroactively their eligibility? 
-- Had the matter been pursued, would team wins need to vacated, even if it meant national championships? 
-- Even though Deborah Crowder retired in 2009, the fraudulent AFAM anomalies continued for at least two more years.  Was Nyang’oro solely responsible?  If not, who else played a role in the improprieties now that Crowder was gone?

-- Why did the university and its on-staff investigators refuse to ask the above questions and seek answers in a manner that would appear to uphold the honorable and high standards it had long claimed to hold for the institution?