Friday, November 4, 2016

Tarnished Heels - Chapter Eighteen

Chapter Eighteen
Carol Folt; Jan Boxill; James Moeser;
Nyang’oro and Crowder emails; public relations firms


            As the date drew nearer when Holden Thorp would be stepping down as Chancellor, his eventual replacement was announced.  Carol Folt, an environmental scientist who had worked for 30 years at Dartmouth College (including nearly a year as interim president), was tabbed to take over UNC’s top spot.  Based on quotes and details in an April 13, 2013, News and Observer article covering a reception held in Folt’s honor, she indicated that she was excited about her new duties.  “It’s the honor of a lifetime,” she said.  “I just can’t tell you how it feels.  It’s a little bit of a dream state.”  Folt said she had been on a tour of the campus, and that she and her husband had caught “Tar Heel fever” when they attended a Duke-UNC basketball game the previous month.  She did, however, allude to some of the issues that had plagued the school over the prior several years.  Referencing perspective, optimism, and opportunity, she said: “That’s what will carry us through the tough times.”  Indeed, she wouldn’t have long to wait for more “tough times” to surface.
* * *
            The previous chapter discussed requests for public documents, and the often difficult obstacles the media had faced to get many of its requests fulfilled.  Several documents were released in May, however, and they led to more discoveries of possible improprieties.  According to a May 18, 2013, article in the News and Observer, a key UNC report from a year earlier had purposely omitted substantial information that would have painted athletics in a much more critical light.
            In July of 2012 a special faculty report on the academic fraud (initially discussed in Chapter Eight) suggested that academic counselors may have steered athletes to fraudulent classes in the AFAM department.  A request by the newspaper for emails and other correspondence related to that report had finally been filled by the school, and the details revealed some interesting final-day edits.  Earlier drafts of the report (but not the final version) had specifically mentioned Deborah Crowder, the former assistant in the AFAM department, and also noted her connections to athletics. 
            The earlier draft had the following statement:  “Although we may never know for certain, the involvement of Debbie Crowder seems to have been that of an athletic supporter who managed to use the system to ‘help’ players; she was extremely close to personnel in athletics.”   However, documentation showed that Jan Boxill, chairwoman of the school’s Faculty Executive Committee and also a former academic counselor for athletes, wanted the statement cut because in her opinion it amounted to hearsay.  She told the authors of the report that other professors, whom she did not identify, raised that concern.  The final version did in fact make a change and read as follows:  “Although we may never know for certain, it was our impression from multiple interviews that a department staff member managed to use the system to help players by directing them to enroll in courses in the African and Afro-American Studies department that turned out to be aberrant or irregularly taught.”  The final version had no specific mention of Crowder, and more importantly no mention of her being “extremely close” to athletics. 
            The May 18 N&O article went on to make it clear that the information about Crowder was not hearsay.  Crowder’s ties to the athletics department had been reported by the paper in June of 2012, and were also later acknowledged in the Martin report.  As mentioned earlier, Martin never interviewed Crowder.  He had, however, received both versions of the faculty report in question.  Why no mention of Boxill’s requested edit was ever made in his report is unknown.  Furthermore, other records showed numerous bogus classes that appeared to have been set up by Crowder.  Athletes accounted for all but eight of the 56 students enrolled in nine specific classes.  Those enrollments included 31 football players and eight basketball players, all of which further cemented the “not hearsay” stance of the newspaper.  It was extremely unclear, therefore, why the authors of the faculty report gave in to Boxill’s request.  More details on the matter would surface several months in the future, however.
* * *
            As Holden Thorp’s tenure as chancellor continued to draw to its end, more controversy arose, but this time by his own doing.  He had said in April of 2013 that he felt college presidents had pressing demands and therefore should leave sports to athletics directors.  That rubbed many people the wrong way, especially at UNC.  Hodding Carter III was a UNC professor and former Knight Foundation president.  The goal of the Knight Commission on Intercollegiate Athletics was to ensure that intercollegiate athletics programs operated within the educational mission of their colleges and universities.  In a May 19, 2013, N&O article, Carter acknowledged that college sports can take a leader down fast, but said that Thorp’s proposal was way off base.  “You really have got to get control of (big-time college sports), but you don’t get control of it by letting the guy who raised Godzilla become the person who now is supposed to supervise Godzilla, and that’s what the athletic directors are, and the conference guys.”
            Thorp indicated that he knew his suggestion would cause waves.  “Bill Friday’s ghost and Hodding Carter and all those people are ready to kill me,” he said.  “They don’t admit that their presidential control idea didn’t work.”  It certainly hadn’t worked in the case of Thorp, the newspaper wrote, who said he took the job with no idea about the athletics minefield ahead.  Too often, Thorp said, he found himself in front of microphones trying to explain the various scandals and pledging to fix them. 
            Looking back, Thorp said he would have done some things differently.  “But it’s always easy to see those things at the end,” he said.  “It’s real easy to look at somebody else’s crisis and know what to do.  It’s a whole different deal when you have a big bureaucratic organization, trying to make quick decisions and getting people on board.”  And “a big bureaucratic organization” was a good analogy for UNC’s leadership over the previous three years of problems.
            The academic scandal in the African Studies department was perhaps the most embarrassing episode to Thorp, but it did have one good result, he said: that a myth had been deconstructed.  “It was a failure of lots of people over a lot of years to detect it,” he said.  “I think that was fueled by this notion that these kinds of things didn’t happen here.”  As for Carol Folt, the woman who would be taking over his position in a couple of months, Thorp had a specific suggestion for her:  Watch the TV drama “Friday Night Lights.”  Thorp said he wished he had watched it five years ago, because an education about athletics would have come in handy.
* * *
During this same timeframe Holden Thorp’s predecessor also spoke up.  James Moeser was chancellor at the school from 2000 to 2008, which incidentally happened to be some of the prime years of the athletic/academic scandal.  Displaying an obstinate loyalty to his former employer, Moeser voiced his displeasure over the media’s coverage of the academic scandal that had involved countless UNC athletes.
            In a mid-May interview in the Chapel Hill Magazine, Moeser said: “I’m really angry about (the media).  I think they target people, and they take pleasure in bringing people down.  I think their real goal here was to remove banners from the Smith Center.”  As the complaints were seemingly directed at the Raleigh News and Observer, which had been unyielding in its coverage of UNC’s various athletic scandals over the previous three years, Moeser’s interview was given attention in a May 20, 2013, article by the newspaper.  The remarks were part of a short article in which Moeser defended “The Carolina Way,” wrote reporter Dan Kane.  That term had become a motto for the university and had formally been a source of pride and chest-thumping from both its alums and nonaffiliated sports fans.  It had recently taken a beating amid the various scandals, however.
            When Moeser referred to the “banners” in the Smith Center, he was undoubtedly talking about the three National Championships that were won by the men’s basketball teams – teams which featured numerous players who majored in an African and Afro-American Studies department that had been proven to be rampant with academic fraud.  Despite the apparently obvious connections between those championships and the proven bogus classes and degrees, Moeser seemed more concerned with defending an ideal.  “I think (the media) has really put a target on the university,” Moeser had told the Chapel Hill Magazine, “and they’ve treated The Carolina Way in a very cynical fashion, trashing it, really, and indicating The Carolina Way was always just a fiction, a façade we put in front of misbehavior.  I really resent that.  I think The Carolina Way is genuine, I think it’s real.” 
            John Drescher, executive editor of the N&O, disputed Moeser’s take on the media coverage.  He provided several quotes for Kane’s article, and would follow up with an editorial the next day.  In Kane’s May 20 piece, Drescher said, “We weren’t trying to get anybody, but we were trying to get to the bottom of what happened at UNC.  Most of our readers understood that and appreciate the digging we did.”  Others in the media also supported the N&O’s work.  John Robinson, the former editor of The (Greensboro) News & Record, wrote in his blog, “Media disrupted,” that Moeser didn’t understand the media’s job in an open society.  “What actually has happened is that the N&O discovered some rot in the internal workings at UNC in athletics and academia and, like an infection in the body, you have to keep going after it to get rid of it all,” Robinson wrote.  “That’s what the N&O has done and is still doing.”
            Even some of the faculty at the university said Moeser’s remarks were misguided, Kane’s article stated.  Michael Hunt, a history professor emeritus, said Moeser may have been reacting to the criticism leveled by rival fans.  “He may be reflecting the embattled feeling that the administrators are feeling,” Hunt said.  “The problem is they are dragging this out, and I don’t think anybody is saying – I haven’t heard a word saying – ‘Oh, the N&O’s persecuting Chapel Hill.’ Nobody is saying that except for the people who are trying to keep the lid on.”  Moeser himself could not be reached for comment.
            A scathing and direct editorial by executive editor John Drescher came out a day later.  In it he countered Moeser, and said the former chancellor had taken up a tactic usually preferred by losing politicians: saying “they’re out to get us.”  When responding to the accusation that the media was trying to bring people (and banners) down, Drescher had this to say: “Moeser’s wrong, obviously.  If the media were any good at targeting people, they would have targeted him.  His successor, Holden Thorp, took over before the scandals broke and ended up taking the heat (and the fall) for problems that festered under his predecessor.”
            Drescher went on to allude to the “Carolina Way” that Moeser had opined about.  “UNC’s reputation for academic quality and aboveboard athletics has taken a hard hit.  The damage has been made far worse by the failure of university leaders to admit problems and search relentlessly for where the trouble began and where it spread.”  Finally, the executive editor reached the heart of the matter by way of a statement that could have been said about countless UNC, Board of Trustees, and Board of Governors leaders over the past three years:  “But what is Moeser angry about?  Not about what happened or how it has been handled.  He’s angry about what got reported.  He thinks reporting that seeks to find the extent of the problems is a mean-spirited effort to strip a proud university of its greatest athletic laurels, the banners from its national men’s basketball titles.  No, it’s an attempt to do what universities also should do: Seek the truth.”
* * *
More damaging information would surface less than three weeks later, and again it was due to the school (finally) releasing public information that they had long tried to conceal.  A set of newly released emails was the focus of a June 8, 2013, article in the News and Observer, and a key confirmation was the very close relationship former AFAM chairman Julius Nyang’oro had with the program that tutored athletes.  The emails in question were released by the university as part of a public records request that had been filed nearly a year earlier.  Inexplicably, none of the details within the correspondence had shown up in the numerous investigations conducted since the school confirmed the existence of the fraudulent courses in May 2012, the paper wrote.  That was once again proof that Martin and Baker Tilley either never checked the emails of Nyang’oro and Crowder, or that the emails were checked and summarily ignored.
UNC Chancellor Holden Thorp and other officials had long said that the Academic Support Program for Student Athletes had not collaborated with anyone in the AFAM department to create the classes that helped to keep athletes eligible to play sports.  Some of the emails strongly suggested otherwise.  One of the exchanges was between Nyang’oro and Jaimie Lee, an academic counselor for athletes.  “I failed to mention yesterday that Swahili 403 last summer was offered as a research paper course,” wrote Lee.  “I meant to (ask), do you think this may happen again in the future?? If not the summer, maybe the fall?”  To which Nyang’oro responded:  “Driving a hard bargain; should have known… :) Will have to think about this, but talk to me….”  Nyang’oro did not schedule the Swahili class, but he did create another one for the summer.  Later that day he emailed Lee informing her of the new class.  Those discussed courses had shown up as ones that should have been taught lecture-style, but had instead been turned into “paper” classes that only required a term paper at the end.
One of the university’s long-standing talking points was that non-athletes took the fraudulent classes as well, which should keep the scandal out of the NCAA’s realm.  School officials said that it wasn’t only athletes who benefitted from the bogus classes.  However, other parts of the email records may have provided a clue as to why non-athletes were in some of the classes.  In early 2005, administrative assistant Deborah Crowder raised concerns that too many students were seeking to enroll in independent studies within her department.  She had told one advising official that word about the department’s independent studies “had sort of gotten into the frat circuit.”  That would seem to imply that the preference was for the courses to be reserved for a very specific subset of UNC’s student population, because as the records showed, the largest percentage taking the courses was athletes.  Considering Crowder’s close ties to athletics (and especially the men’s basketball program), the emails show the distinct possibility that “regular” students signed up for multiple fraudulent AFAM courses against the preferences of athletes at UNC.
            As usual, school officials largely chose to avoid the newly uncovered revelations.  Attempts by the N&O to reach Thorp and Karen Gil, dean of the College of Arts & Sciences (which oversaw advising and the African Studies department), were unsuccessful.  A UNC spokeswoman, Karen Moon, said the newly released correspondence contained no “new information” about the Academic Support Program for Athletes.  But Peter Hans, the chairman of the UNC System Board of Governors, disagreed.  “This is additional confirmation that there was far too cozy a relationship between the academic advisers in the athletic department and Nyang’oro and Crowder,” Hans said.
            Jaimie Lee still worked for the school’s support program at the time of the article, but could not be reached for comment.  Like Deborah Crowder, Lee also had interesting connections.  Before joining UNC as a counselor, she worked for a charitable nonprofit founded by former UNC basketball players, the newspaper reported. 
            The new emails also showed that a tutor, Suzanne Dirr, had drawn up “topic” papers for athletes that were virtual outlines of papers they would have to write for classes.  Interestingly, Dirr submitted her suggested topics to Crowder for approval – despite the fact that Crowder was not a faculty member, but only an administrative assistant.  Crowder’s importance to the AFAM department (and the UNC athletic infrastructure) continued to become more and more evident with each new set of released information.  Dirr died in 2008; Crowder continued to decline numerous requests for interviews.
            Madeline Levine, a former interim dean of the College of Arts & Sciences, said she was appalled to see how much work the tutors had done for the athletes in those classes.  “It looks really corrupt, academically corrupt, to me,” said Levine, who is now retired.  She was also troubled by the tone of the emails between Nyang’oro and various academic counselors.  Levine said that while some of it might have been in jest, it suggested a relationship in which Nyang’oro was doing favors for the counselors.  In one email from September 2009, Cynthia Reynolds, a former associate director who oversaw academic support for football players, told Nyang’oro in an email that “I hear you are doing me a big favor this semester and that I should be bringing you lots of gifts and cash???????”  She also suggested that she and Nyang’oro talk about students’ assignments via “phone call, meeting or drinks, whichever you prefer.” 
            The article reported that on three occasions the records showed that Nyang’oro and his family were offered football tickets and food.  In one email, Reynolds told the former AFAM chairman he would be “guest coaching,” which meant that he could watch the game with the team on the sidelines.  Reynolds left the program in 2010.  An earlier chapter recounted her claim that she had been the victim of age discrimination.  She could not be reached for the article.
            The “no comment” approach continued to be the status quo, as was the practice of dodging questions by university officials.  Beth Bridger, who replaced Reynolds and also showed up in emails, could not be reached for comment.  UNC spokeswoman Karen Moon would not specify who among the various investigators into the academic fraud scandal had received the Crowder and Nyang’oro correspondence given to the News and Observer.  Moon said it was “considered during past investigations, in which the university cooperated fully.”  She also did not explain why it took nearly a year to produce the emails for the N&O.
            Perhaps the most important aspect of the new emails was that they did not represent the entire record.  Karen Moon said other correspondence had been withheld because of student privacy concerns or because it was a personnel matter.  The university could have released additional correspondence with redactions to protect student identities, the newspaper pointed out, or UNC could make the personnel information public under a provision in state law that allowed its release to protect the integrity of the institution. The school chose to not make those efforts, however.  That was likely as telling as the actual emails that were released.
* * *
            Signs had long pointed to a unified “public relations” front by the school, as officials associated with UNC (and even entities such as the System’s Board of Governors) had parroted some of the same catch phrases when commenting on the athletic/academic scandals.  An article published by the News and Observer on June 8, 2013, finally gave some clear evidence as to why those talking points had been so similar.  Public documents that had been released showed that there had been a dedicated PR and communications effort over the previous two years that had cost the university more than $500,000.
            The breakdown of those bills was as follows:  The Fleishman-Hillard firm received $367,000 for 22 months of work; Doug Sosnik, an NBA consultant, received $144,000 for 10 months’ work; and Sheehan Associates of Washington, D.C., received nearly $20,000 for work performed on “two occasions,” a university official said.  As was the case with the nearly one million dollars that was paid to the Baker Tilley firm during the Martin investigation, the university’s privately funded foundation paid for all of those PR costs.
            Some of the specific correspondence between Sosnik and the university was especially revealing.  A former counselor to President Bill Clinton during the Monica Lewinsky embarrassment, the key message Sosnik wanted reinforced at UNC was that the school’s scandal was in the past; the university had made reforms and would become stronger as a result.  Records also showed that UNC administrators, with the help of Sosnik and a member of Fleishman-Hillard, fought back when Mary Willingham told the News and Observer that school staff had used no-show classes to keep athletes eligible.  The school administrators and public relations consultants reviewed and offered edits to a letter to the N&O editorial page written by Steve Kirschner, an athletics department spokesman.  The letter sought to refute Willingham’s claims.  Furthermore, some of the correspondence showed that UNC trustee Don Curtis and Athletics Director Bubba Cunningham didn’t think the NCAA would dig into the academic fraud after former Governor Jim Martin’s investigation concluded that it was an academic scandal and not an athletic scandal.
* * *
            According to a June 20, 2013, article in the News and Observer, UNC was handed down a lenient response from the Southern Association of Colleges and Schools Commission on Colleges (SACS), which had earlier been on campus following the revelation of academic fraud within the AFAM department.  It was announced that the school would be monitored in the future, but not sanctioned.  Other details were that 384 students who took fraudulent classes from 1997 to 2009 would be given the opportunity to “make whole” their academic degrees.  Specific information regarding the method of completing those degrees was said to be forthcoming.
            Some on campus were appalled by the lack of action by the accrediting agency, the paper noted.  “It’s amazing.  I guess the flagship gets off the hook,” said Mary Willingham, the UNC reading specialist who used to work with athletes and who had been outspoken about the problems at the school.  “For me, it’s getting to the point where power is so much more important than justice.”
* * *
            As the month of June slowly came to an end, one more important article was released regarding the academic situation at UNC.  A June 29, 2013, piece by N&O reporter Dan Kane focused on the academic performance by the school’s athletes, and the stark drop that had happened over the previous several years.  According to recent academic progress statistics from the NCAA, the paper reported, UNC’s men’s basketball team – at one point the best in the Atlantic Coast Conference with a near perfect Academic Progress Rate (APR) score – had fallen to eighth place.  The school’s football team had recently been just a few academic points away from losing postseason eligibility.  Both teams had just scored their all-time lows on the APR.  UNC Athletics Director Bubba Cunningham and other officials declined to be interviewed for the article.  Not surprisingly, the years that UNC’s basketball and football teams scored well on the APR were ones in which athletes had been taking dozens of fraudulent classes within the AFAM department.  With that in mind, it could hardly be considered an unexpected coincidence that the APR score dropped following the exposure of the university’s athletic/academic scandal.
* * *
The essential (and unanswered) questions:
-- Why did the faculty authors of a July 2012 report allow their wording (in reference to Deborah Crowder) to be changed?
-- Other than free tickets and food, did Julius Nyang’oro receive any other gifts from athletic personnel in exchange for academic favors?
-- Why would Crowder be concerned that frat students were signing up for AFAM independent studies courses?
-- Why did athletic tutor Suzanne Dirr submit paper topics directly to Crowder – who wasn’t even a faculty member?
-- Why did none of the school’s prior investigations mention the revealing and damaging email exchanges conducted by Nyang’oro and/or Crowder?

-- Why did the university refuse to release the remainder of the Nyang’oro and Crowder emails, even in redacted form?

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?

Tarnished Heels -- Chapter Sixteen

Chapter Sixteen
Further depth of the academic scandal; Robert Mercer;
Board of Governors; SACS


            Shortly following the late-January retraction by Baker Tilly, an editorial would appear in the News and Observer written by John Drescher.  That piece would be important for a variety of reasons.  It mixed data and facts with numerous hard-hitting statements about the questionable thoroughness of the Martin investigation.  Of equal importance was the identity of the writer himself.  Not only was Drescher the executive editor of the N&O, but he was also a graduate of UNC.  As a result, he had proven himself to be one of the few individuals with any sort of past association with the school who was not afraid to decry the athletic/academic scandals as a series of deplorable acts which had resulted in little to no consequences.
            Drescher’s editorial recounted the events that led Baker Tilly to drop one of its key findings: that athletics officials and academic support officials had raised questions and concerns with the Faculty Committee on Athletics about certain courses.  That had been one of the main presumed “facts” within the Martin report that had tried to free athletics from taking primary blame in the scandal.  However, it was later shown to have never been the case. 
            Prior to the retraction, former Governor Martin had written: “I believe that findings and conclusions should be based on evidence, not hearsay and imagination.”  Drescher’s editorial responded with, “If only that were what Martin’s report did.”  Drescher talked about his past experience as a reporter on the Capitol beat, which coincided with the time when Martin was governor from 1985 to 1993.  Drescher had interviewed Martin several times, and indicated that Martin was smart and capable.  “But he’s an inexperienced investigator,” Drescher wrote, “and it showed in his report.  After athletic department officials told him they had raised red flags with the faculty committee, neither Martin nor Baker Tilly interviewed any of the faculty committee members, except for the NCAA representative.  That’s right: Gov. Martin never talked to the people he blamed for dropping the ball.”
            Drescher’s editorial went on to state that Martin and Baker Tilly were obligated to interview several members of the faculty committee for two primary reasons.  One was to make every effort to get to the truth.  The second was to give members of the committee a chance to respond to charges that they had heard concerns about possible academic abuse.  “There’s no acceptable explanation for why Martin and Baker Tilly didn’t interview these faculty members,” Drescher continued.  “Martin and Baker Tilly seemed more determined to absolve the athletic department of blame than to get to the bottom of what went wrong.”
            Despite members of the UNC System’s Board of Governors not thinking that the retraction damaged the rest of Martin’s findings, UNC Professor Jay Smith felt otherwise.  “The importance of this event cannot be overstated,” Smith wrote in The Herald-Sun of Durham.  “The validity of Martin’s interpretation of UNC’s troubles as ‘not an athletics scandal’ hinged on the anecdote about the FAC; the discrediting of that anecdote undermines the interpretive thrust of the entire report.”
            With Baker Tilley’s retraction, Drescher wrote, Martin had painted himself into a corner.  As noted in the previous chapter (and reiterated in the editorial), the only officials Baker Tilly had found who knew about the fraudulent classes, other than the department head and his assistant, were from the athletics department and the faculty representative to the NCAA.  “In trying to get to the bottom of the scandal,” Drescher said, “it’s helpful to ask the basic questions… What did he know?  When did he know it?  I’d pose a third question: When he knew, what did he do about it?  Martin and Baker Tilly tried to show that the UNC athletic department was pure.  Instead, cornered by the facts, they’ve unintentionally shown that athletic department officials suspected academic fraud years ago and did little or nothing about it.”
* * *
            Months later the true cost of the Martin investigation would be revealed.  According to a copy of UNC’s agreement with Baker Tilly, the firm was to provide five employees at a combined cost of $1,520 per hour for the work.  Martin himself had reportedly volunteered his services to the university, only being reimbursed for approximately $5,000 in expenses.  Baker Tilly, however, had charged UNC a total of $941,000.  Karen Moon, a university spokeswoman, would later tell the News and Observer that all of the money paid to the firm had come from a university foundation that took in private donations, so no taxpayer dollars had been spent.  And despite the fact that Baker Tilly had been forced to retract one of the most vital claims in the entire report that had aimed to absolve athletics of any wrongdoing, Moon said: “Their analysis was independent, objective and thorough.”
* * *
            Just as Baker Tilly was retracting its earlier backing of that key component of the Martin report, updated data on the scandal was released regarding the information that was uncovered.  In a January 25, 2013, article in the News and Observer, it was revealed that athletes who took a subset of 172 fraudulent classes within the AFAM department had an average grade of 3.56, which was between a B-plus and A-minus.  Those classes had also accounted for 512 total grade changes during the time period that had been examined.  The period covered in the new data did not extend prior to the fall of 2001, because the report indicated that information did not exist in electronic format beforehand.  In all, 216 suspect courses were identified back to 1997, with 560 grade changes that lacked proper authorization. 
            The extremely high average grade for athletes in the fraudulent courses should have raised a major red flag.  The transcript of Julius Peppers showed that his grades in AFAM courses were considerably higher than in his other subject areas, and essentially had kept him eligible to participate in sports.  An average grade of 3.56 amongst athletes for over a decade likely had similar effects for some – if not all – other cases involving football and basketball players.  Yet once again, that line of investigation was inexplicably not pursued by Martin or Baker Tilly.
* * *
            On February 7, 2013, the UNC System Board of Governors’ special panel released its own report.  It largely accepted the findings of Martin and Baker Tilly, even after the vital retraction and the updated data that had been released.  The report was met with criticism by some BOG members, and other details emerged from the findings that added more questions to an already ambiguous scandal.
            Articles were released from various local sources on February 7, including wral.com, wncn.com, and several by the News and Observer.  Multiples quotes and valuable pieces of information came forward as a result.  The special panel had been selected by the Board of Governors itself, which as previously noted had a heavy percentage of UNC graduates as members.  In fact, one portion of the report seemed to echo the sentiment that many of UNC’s leaders had been loudly stating over the previous six-plus months: that they would try and make sure nothing of the sort ever happened in the future.  “This panel acknowledges the open question about what might have occurred years ago,” the report said, “but believes that it is immaterial to its focus on current practices in both Academic Affairs and the (academic support program) that reduce the risk for any such anomalies occurring in the future.”  Essentially, they conceded that they didn’t know why the past indiscretions happened, and they weren’t overly concerned with those reasons, either.
            Some of the same types of contradictory remarks that had dotted the Martin report also showed up in the BOG panel’s report.  In the wral.com article, it stated that the panel told the rest of the board that it may never know if athletes were steered to bogus classes, but added that there was no evidence to support a conspiracy between the athletics department and the AFAM department.  Louis Bissette, the board member who led the panel, said: “We are not an investigative body.  We are a review panel.”  That would lead to the same unanswered questions that plagued the Martin report.  Why not look at past email and phone records to determine if there had been collusion between athletics and academics?  And if the BOG (and apparently Martin and his team) were not investigative bodies, then why not hire a real investigative team with experience in that realm? 
            There were other factual and data-driven inconsistencies.  Bissette was told that there were no records that could show how many freshman non-athletes were able to enroll in and complete African Studies courses designed for upper-level students.  As detailed in earlier chapters, past transcripts of UNC students would have clearly shown that distinction.  So in that regard there definitely were records that could have provided that data – though it would have been a time-consuming process to accumulate the information.  Apparently that was not the meticulous type of approach the panel wished to take, even though it would have provided accurate results.
            Board of Governors member Jim Deal called the scandal embarrassing and inexcusable.  “The chairman had a fiefdom and he was the king and nobody ever looked at what the king was doing,” said Deal.  However, he stopped short of questioning the findings of the panel’s review.  Other board members were not as forgiving, though.  Member Fred Eshelman of Wilmington expressed his incredulous doubts by saying: “This stuff was propagated for 14 years basically by two people without additional collusion?”
Burley Mitchell, a former State Supreme Court Chief Justice, was even more outspoken.  According to the wncn.com article, he blasted the consultants who provided much of the legwork for Martin’s report, saying they relied on incomplete statistical evidence and failed to interview key people involved in the scandal.  “It was inconceivable that it was two people who did this.  You have 172 fake classes.  Forty-five percent of the students in there are athletes.  That is way disproportionate for their number on campus, which was less than five percent who are athletes.  Somehow they are being directed to those courses,” Mitchell said.  “There is, to my mind, a good deal of evidence throughout this campus there were a large number of people, particularly in athletics, who knew that these courses did not amount to anything.”
            Mitchell continued by alluding to the allegations that academic counselors had steered athletes to certain courses.  “It was clearly also an athletic problem to an extreme,” he said.  In support of Mitchell’s point, an article appeared in the New York Times during the same timeframe.  In it, former UNC player Michael McAdoo alleged that he and other athletes got special treatment while at UNC.  According to the article (and a recap later published by wralsportsfan.com), McAdoo claimed that despite wanting a different major, counselors at UNC selected AFAM for him because it worked around the Tar Heels’ practice schedule.  He said that he was “assigned” a Swahili course, never attended it, and never met the professor.  That was also the class where (with the help of tutor Jennifer Wiley) he plagiarized a paper and lost his NCAA eligibility.
            A spokesperson at UNC said in reply to McAdoo’s claims, “Number one, I cannot comment on any student’s academic record.  Number two, I cannot comment on Michael’s situation because of ongoing litigation.  As far as the counselors, I would refer you to the Martin report for what counselors did or didn’t do.”  McAdoo’s disdain for the university and how they treated him was clear, though.  He was quoted in the New York Times as saying, “I would still like to get a college degree someday.  But not at the University of North Carolina.  They just wasted my time.”
            McAdoo’s assertions were yet another piece of anecdotal evidence of counselors steering athletes to fraudulent courses, and they supported the stance of Burley Mitchell and others that the reviews by Martin and the BOG special panel had not delved deep enough into the issues in question.  When asked whether the NCAA should be investigating above and beyond what the Martin report and the BOG panel had reported, Mitchell said, “Hell, yes.”  Steve Kirschner, a UNC spokesman, said after the panel’s report: “We do not comment on the specific details of our daily operations.”
* * *
            More damaging information was revealed on February 7, 2013, which dealt with what at first appeared to be a side note of the Board of Governors’ report, but eventually raised more serious questions.  The limelight was once again directed back towards some of the fraudulent courses, and the past lack of action that leaders within the school had taken in terms of identifying and potentially stopping the offering of those courses.  The News and Observer reported that according to university documents, the former director for Academic Support for Athletics had been instructed in previous years to track independent study courses to make sure there were no improprieties.  But Robert Mercer, that former director, had apparently not followed through with that task.
            The initial request of Mercer had been made by the faculty committee following an independent study scandal at Auburn University in 2006-07.  The committee had wanted to be sure that something similar was not happening at UNC.  However, officials from both the school and the overall UNC System said that they could find no evidence that Mercer had followed up.  “He was asked to provide reports, but he did not provide written reports, is all I can tell you,” said BOG member Louis Bissette.  “It’s another failure.”
            As thoroughly discussed in the previous chapter, Mercer was one of four officials with athletics ties who claimed that he raised concerns to the Faculty Athletics Committee in 2002 and 2006 about independent studies classes.  That claim was at the center of the Martin report’s findings and overall validity.  The News and Observer’s Dan Kane pointedly asked in a February 7, 2012, article:  If Mercer was concerned about those classes, why hadn’t he been tracking them as he had been asked?  Chancellor Holden Thorp said, “That should have been followed up on.  I wish it had been, because we would have caught all of this stuff.”  As was often the case with UNC employees during the ongoing scandal, Mercer could not be reached for comment.
            Thorp said he didn’t know whether Mercer’s apparent lack of action on the issue of the  independent studies casted doubt on Mercer’s assertion that he raised concerns about them, the N&O article stated.  Burley Mitchell, the Board of Governors’ member who had been so outspoken about the lack of a true investigation into the university’s issues, said the revelation made Mercer’s assertion look like a “smokescreen.”
* * *
            The university attracted negative attention from the Southern Association of Colleges and Schools (SACS) several days later.  According to a February 12, 2013, article in the News and Observer, SACS was an agency that monitored the academic quality of schools and colleges across the South.  Its board could issue colleges a warning, or worse, probation.  If a school on probation did not clearly address problems, it could lose accreditation.
            In a notice from the accrediting agency, UNC had been told that it must ensure the legitimacy of degrees awarded to an unknown number of graduates who took bogus classes going back to the 1990’s.  One possible solution proposed by SACS president Belle Wheelan would have been for the school to offer those graduates with free courses to take the place of the fraudulent ones.  When asked why any former student would return for an extra course, Wheelan said: “Integrity.  Honesty.  Fairness.  You know, all those things we like to think they learned as part of that academic program in the first place.”  A team assembled by the accrediting agency was scheduled to visit UNC in April.
            As an embarrassing byproduct of the warning from SACS, approximately two weeks later UNC officials confirmed that administrators were performing visual inspections of classes across campus to make sure they were taking place.  The spot checks were part of the university’s efforts to assure SACS that there would be no need for a sanction against the school in the wake of its various academic fraud scandals.
* * *
            As March got underway, there were finally some minor rumblings from UNC’s faculty with regards to the stigma the academic scandals had placed on the university.  According to a March 8, 2013, article in the News and Observer, Professor Jay Smith was again at the vocal forefront.  As a leader of a professors’ coalition known as the Athletics Reform Group, Smith had spoken at a Faculty Council meeting and called for a multi-year, wide-ranging series of town hall meetings to “debate openly and honestly” the university’s commitment to NCAA Division I athletics.  In calling for a faculty-led debate, the news article reported, Smith read an email from an unnamed colleague that ran down a series of events that began as a scandal in the football program and led to the discovery of major academic fraud. 
            At the same meeting, Chancellor Thorp had announced that an outside panel led by Association of American Universities President Hunter Rawlings would hold its first meeting on April 19.  Thorp had asked Rawlings to lead an effort to examine the balance of athletics and academics at the school.  That led to tense moments during the meeting, however, as the article stated that Thorp bristled when Jay Smith suggested the Rawlings panel was “not going to serve the function that most of us hoped.”
            Some professors at the meeting took issue with Smith’s overall proposal, suggesting that faculty had been concerned all along and the administration had launched reforms to deal with the problems uncovered.  However, the past record of printed comments seemed to speak for itself: other than Smith and Mary Willingham, virtually no other UNC faculty members had been willing to publicly decry the prominent role the school’s athletics programs had played in the ongoing scandals.  Greg Copenhaver, a biology professor, argued that Smith cast athletes in a bad light, even though the vast majority of which were “good actors.”  Almost as if scripted, Copenhaver then suggested that the faculty focus on moving forward, rather than looking back – one of the oft-repeated PR sentiments from those at UNC who seemed to want to avoid uncovering any dark athletic secrets of the past.
* * *
The essential (and unanswered) questions:
-- Through the use of nearly one million dollars from private donations, had UNC essentially paid Baker Tilly to try and absolve athletics from primary responsibility in its academic scandal?
-- Considering that athletes received an average grade of nearly an A-minus in 172 fraudulent courses, why hadn’t further research been conducted to determine the effects of those fictitious grades on those athletes’ eligibility?
-- Like Martin and his team, why had the Board of Governors also neglected to closely scrutinize the email and phone records of Julius Nyang’oro and Deborah Crowder?
-- Once the BOG conceded that they were not an “investigative body” and were unable to uncover the answers to key questions (just as Martin and his team had been unable to do), why wouldn’t they insist on the hiring of a true, skilled investigator to look into those matters?
-- What possible motive would Robert Mercer, at the time the director for Academic Support for Athletics, have for failing to track independent study courses as he had been asked to do?

            

Thursday, November 3, 2016

Tarnished Heels -- Chapter Fifteen

Chapter Fifteen
Martin report released; immediate criticism and debunking;
Baker-Tilly’s retraction


            On December 20, 2012, former Governor Jim Martin released a report of the findings that resulted from a three-plus month investigation into academic fraud at UNC.  The basics were that more than 200 lecture-style classes were either confirmed or suspected of having never met; dozens of independent study classes had little or no supervision; and ultimately there would be 560 suspicious grade changes revealed that dated as far back as 1994.  The biggest – and most important to UNC – proclamation by Martin, however, was that it was not an athletics scandal, but an academic one.
            That infamous quote would be well documented in the days and weeks to come: “This was not an athletic scandal.  It was an academic scandal, which is worse.”  What was not addressed was “for whom” it was worse.  The school’s academic reputation?  Perhaps.  But worse for the school’s athletics programs?  Definitely not.  The atmosphere in the room when Martin made the statement told unaffiliated onlookers all they needed to know.  There were smiles around the table amongst the school’s Board of Trustees, and congratulations could be heard.  Athletics Director Bubba Cunningham said, “I feel like it’s now complete.  This report has been very thorough, an exhaustive study.  From that standpoint, we’ve been looking for closure, and I hope this gives us the closure we’ve been looking for.”  Just how exhaustive and complete the report actually was, however, would soon be brought under scrutiny.
            An article that appeared on ESPN.com on the afternoon of Martin’s report provided more details of his findings.   The investigation conducted by Martin and members of the Baker Tilly company found 216 classes with proven or potential problems.  Both athletes and non-athletes benefitted from those classes, Martin said, which would ultimately be a convenient way around certain NCAA bylaws.  “The athletic department, coaches and players did not create this,” the former Governor told the UNC Board of Trustees.  “It was not in their jurisdiction, it was the academic side.”  Martin also told the board he found no evidence that any coaches knew anything about the irregularities.  However, it would later be shown that very little research was done to that end.  An NCAA spokesperson did not immediately respond to an ESPN email seeking comment on the matter.
* * *
            The Raleigh News and Observer published an article of its own late on the day of Martin’s report, and immediately began to question some of the findings.  The title of the article was “In the wake of Martin report, what will the NCAA do?” and it provided insight from several experts with deep knowledge of the NCAA and its rules.  Up to that point NCAA officials had taken no action following a string of athletic/academic-related revelations encompassing the university, instead having only said that they were monitoring the developments.  Athletics Director Bubba Cunningham said, “(The report) showed the same irregularities that went back further, but it didn’t show that there was anything directly related to athletics.”  He was then quick to point out one of the university’s oft-repeated talking points: “Certainly there were student athletes involved in classes as were a lot of other groups.”
            While Martin and those associated with the school were telling all who would listen that it “was not an athletic scandal,” parties not affiliated with the university were not so sure.  David Ridpath, an Ohio University professor, was a former university compliance officer and an expert in litigation involving college sports issues.  In an email he wrote to the News and Observer he said that the NCAA’s inaction at UNC had been “unconscionable.”  Ridpath continued, “I go back to the ‘but for’ test.  This fraud would not have happened but for the athletes, many of whom were not prepared to do college level work.”  As documents released several months later would reveal, athletes likely were the reason the fraud was originally conceived.  Those were documents Martin and his team had apparently missed, though.
            Michael Buckner was a Florida lawyer who advised universities in NCAA probes.  He said that NCAA rules were broken if an athlete was kept eligible through any type of academic fraud.  “The NCAA may request specific information on the involvement of student athletes in the illicit activities,” Buckner said.  Martin’s report, however, didn’t show how many unauthorized grade changes benefitted athletes, for example.  Chancellor Holden Thorp declined to address whether UNC had examined whether any of its athletes were kept eligible as a result of the grade changes and other misconduct.  He would only say that Martin’s report had been sent to the NCAA.  Ridpath and Buckner were only two of several experts that the N&O asked to evaluate the report.  All said that the NCAA should look deeper, but they expressed some doubts whether the Association actually would.
            Gerald Gurney, a professor at the University of Oklahoma and the past president of the National Association of Academic Advisors for Athletics, told the newspaper: “The findings show that these ‘anomalies’ existed over a long period of time, covered basketball as well as football, was systematic and pervasive.  I was also struck by the number of grade changes.  Did the changes help to establish athletic eligibility?”  Dick Baddour, the school’s former athletics director who had resigned earlier in 2012, continued to convey some of the school’s PR messages, though.  “Given the thoroughness of (the report), it’s time to move on,” Baddour said.  “I don’t expect (the NCAA) to raise additional issues.”
* * *
            The News and Observer released two more articles – one feature and one editorial – the next day, December 21, 2012.  More questions were asked, and more doubts were raised.  The feature article, written by investigative reporter J. Andrew Curless, said that Martin’s report was notable for what wasn’t in it, as there were gaps and unanswered questions because the scope of Martin’s work was limited.  Furthermore, Martin said that he and two consultants who had assisted him had run out of time.  This was a peculiar statement for him to make, because there had never before been a specified time limitation on the investigation.  In fact, when data was brought to his attention two weeks earlier by the newspaper, Martin said it would likely be information he would pursue, “even if it takes us past December 20,”  That certainly did not sound like the type of quote that would come from someone who had a strict time limit put upon his work. 
            There were numerous seemingly vital topics that were not covered in depth in his report.  He got no information from the people he held responsible – Nyang’oro and Crowder – simply because they refused to speak to him.  Martin said he checked some of their email messages, but that he did not review phone logs.  In terms of investigative protocol that was an odd course of action, as those two supposedly held the answers to years of academic fraud.  Why would one not thoroughly check the records of a man who had since 1992 been the chairman of the affected department, or the records of a woman who had since 1979 worked at the university and been close to athletics?
            According to the News and Observer article, Martin did not interview any current or former basketball players or coaches – despite the fact that there were more independent study courses taken by basketball players in the years 2001 through 2006 (39), than there were actual scholarship players on the team.  And despite the fact that Roy Williams had brought his own academic advisor from Kansas – Wayne Walden – who had personally overseen the scheduling of courses for all the basketball players.  And despite the fact that Walden’s replacement – Jennifer Townsend – had been appalled at the no-show courses that the basketball team had been taking a part of, according to insider Mary Willingham.  Instead, Martin said he didn’t think he would learn information from talking to others that hadn’t been obtained elsewhere, or that wasn’t already known.
Martin’s review also didn’t include inspection of individual student transcripts – even though the effects of the fraudulent courses on an athlete’s eligibility could have easily been determined through those reviews.  He gave only brief mention to questions of plagiarism, saying:  “This review was not intended to make academic judgments about whether plagiarism occurred.”  Furthermore, Martin said he did not study the actual work of students in the courses he identified as irregular.  He noted in his report than an earlier university review of suspect classes had not found instances of students receiving grades without doing work, and that was “an aspect that was outside the scope of this review.”  Essentially, while there may have been fake grades, plagiarism, and no legitimate work turned in, the message was that those weren’t things his review team had been interested in.
As was pointed out in various realms of online media, the report was received warmly by many members of the school’s Board of Trustees.  The N&O also mentioned Joy Renner, the chair of the Faculty Athletics Committee.  She said, “I’m a very skeptical person by nature, so I kind of like to see data, and I like to know what’s real and not real.  So I think I can feel good about moving forward, that this was more isolated.”  Unfortunately, some of the data she referred to was incomplete and/or erroneous, as would be shown in the near future.
Mary Willingham, the UNC academic support employee who had come forward a month earlier with assertions of long-time cheating within athletics at the university, told the News and Observer that she was disappointed that Martin’s report never addressed why athletes were in those classes.  She sat in the room as Martin spoke to the trustees, the paper wrote, but walked out when he started talking about the broader topic of grade inflation at UNC and other universities.  “He did the who, what, where, I guess, but he never answered the why,” Willingham said.  “He had the opportunity to expose that, and I think intentionally he chose not to do it because I don’t think he wanted to expose the corruption of the NCAA and the athletic program.”
Raina Rose Tagle, a partner in the firm Baker Tilly which assisted Martin, spoke to members of the Board of Governors.  She said, “We did what we could.  And now that we’ve reached our conclusions, I think it could sound like we are championing on behalf of the university.  But I think what we’re doing is, we’re saying ‘This is what we did, and this is what we found.  And it is what it is.’”  Just over a month later, however, Ms. Tagle and her firm would alter their official stance. 
* * *
The editorial that was featured in the News and Observer on December 21, 2012, was similar in theme.  Written by staff columnist Luke DeCock, it pointed out the narrow scope of Martin’s review.  It stated that “Martin did not discern any connection to athletics despite considerable anecdotal evidence, but given the methods used (by Martin), that was unlikely anyway.”  As mentioned earlier by Thorp and other university officials, Martin supposedly had “unfettered access to University systems, records, and personnel.”  However, Martin chose to use very few of those resources, and instead “relied heavily and almost exclusively on statistical analysis and interviews with cooperating parties.”  Martin inexplicably rejected the analysis of phone records, dismissed any thorough examination of email correspondence, and declined to interview any current or former basketball players.  As stated earlier, Martin had said, “My opinion was basketball players wouldn’t tell us anything we didn’t know from other sources.”  As the editorial pointed out, that wasn’t exactly leaving no stone unturned.
The editorial also pointed out another instance of the “looking forward” talking point the university continued to employ.  It said that Martin and the members of Baker Tilly were able to give the university a blueprint for corrective action and prevention.  However, the real questions – those with serious implications – remained:  Who orchestrated the fraud?  Why did it happen?  And how did so many athletes end up in the suspect classes?  “You can have a lot of theories and hypothesis about this,” Martin said, “but in order to come up with some kind of condemnation you have to have some evidence.”  Such evidence, unfortunately, was not aggressively sought by Martin and his team.  Whether that was by design or due to a lack of investigative prowess was a matter of opinion.
* * *
An article from the News and Observer on December 22, 2012, highlighted a “battle over two cultures” at UNC – academics and athletics.  The media had begun to pick up on the public-relations messages coming from the school.  The article observed that after the release of Martin’s report, the mantra of everyone at UNC was “moving forward”.  While seemingly every leader at UNC wanted to avoid uncovering too much about the past, not all of the power figures within the school agreed upon the specifics of the forward motion, however.  Chancellor Thorp had said several months earlier that the university would look to implement plans for tougher admissions standards for athletics.  A few weeks following that proclamation, though, men’s basketball coach Roy Williams had contradicted Thorp’s statement when he said he did not think UNC would jump ahead of others.  Apparently Williams objected to holding a certain subset of athletes to lofty new guidelines.  Following the difference of opinions, Thorp said only, “We’re working on a plan we can all agree on.”
* * *
The local North Carolina media wasn’t the only faction to cry foul after the release of Martin’s limited analysis of UNC’s athletic/academic scandal.  Across the nation multiple national media entities conveyed similar feelings.  One in particular came from David Whitley of sportingnews.com.  In a December 22, 2012, article, he decried Martin’s report as being every bit as scandalous as the actual events that had transpired at UNC for years.  It portrayed what many across the country were saying, and often did it in a mocking fashion. 
Whitley said, “If you guys ever take another look at North Carolina’s academic scandal, don’t ask school investigators about (Julius) Peppers or any other player.  Based on the latest report, sports had nothing to do with the scholastic shenanigans.”  The article continued with its condemnation of the Martin report, repeating the former Governor’s proclamation that it was not an athletic scandal, but an academic one.  “UNC would like you to believe you can have one without the other,” Whitley wrote.  “It is determined not to look like some Jock Factory that cares more about dunking than microbiology.  It sure doesn’t want the NCAA back sniffing around.  Though all noses shut down whenever they get within a mile of (the) Dean Smith Center.”
Like the local News and Observer newspaper, Whitley also pointed out that Martin failed to look for true evidence, and that the report failed to address key questions that had circulated since the scandal had expanded earlier in the year.  Martin’s report said that athletics department counselors didn’t knowingly funnel athletes into the fraudulent courses.  Whitley then chided that they probably never noticed how players like Peppers would get F’s in other departments, but suddenly “turned into an Academic All American” once they enrolled in AFAM courses.  Again stating the painfully obvious, the writer said there was no telling how many other “Peppers” there had been over the past 15 years, as Martin’s team didn’t check athlete transcripts or interview any current or former players.
Whitley said the results of Martin’s limited review “means UNC can now try to put a neat bow on the scandal and tell everybody to just move along.”  He closed by giving some pointed comparisons to UNC’s situation and a previous academic scandal at Florida State University, one which included far fewer athletes over a much shorter time frame.  Whitley said, “It doesn’t take a rocket scientist to see that’s an academic and athletic scandal (at UNC).  … Peppers did not major in rocket science.  Neither, it seems, did UNC investigators.”
* * *
On December 29, 2012, just over a week after the review’s release, a fact-based debunking of some of Martin’s findings would begin.  An article that appeared in the News and Observer reported that minutes from several Faculty Athletic Committee meetings failed to confirm details that were included in Martin’s review.  Martin had said athletics officials had tried to raise red flags about questionable AFAM courses in both 2002 and 2006.  That apparently was not the case.  Dr. Stanley Mandel, a medical school professor who was committee chairman in 2002, said: “You won’t find any reference to it in the committee minutes because there was no reference to it.  There was no discussion.  Nothing was brought up.”  Furthermore, Dr. Desmond Runyan, a former social medicine professor who was on the committee in 2006 and 2007, said he never heard anything negative regarding athletics and academics.  “It seemed like everyone around the table was congratulating themselves about what a squeaky clean program they had,” he said.
The lack of confirmation from both the meeting minutes and also from actual members of the committee had major implications.  Martin’s stance that athletic officials tried to alert the committee was critical to the university’s efforts to convince the NCAA that there were no violations related to an academic fraud that had spanned over 15 years, the newspaper said.  In essence, such a claim would have protected the athletics department, as they would have (presumably) raised concerns only to be told not to worry about them.  Now, however, data had been produced to directly counter those statements by Martin and his team.
Upon a closer inspection of Martin’s report, it was discovered that his team had only interviewed one person who had been on the Faculty Athletics Committee – business professor Jack Evans, who was ironically the university’s long-time faculty representative to the NCAA.  The newspaper said Evans took the minutes of the meetings in 2002, 2006, and early 2007.  He declined to talk to the N&O about what happened on the committee, or what he told Martin.  The former governor said in an interview with the newspaper that he had based his findings on interviews with Evans, the former director of athletics, Dick Baddour, and associate athletics director, John Blanchard, former academic director, Robert Mercer, Chancellor Holden Thorp, and faculty member, Laurie Maffly-Kipp.  Five of those six people had direct ties to UNC athletics and/or the NCAA.  Maffly-Kipp, the sixth, was one of three faculty members who authored a special report on academic fraud that had been released earlier in 2012.
It would eventually be revealed that Maffly-Kipp received much of the information that had been included in that July, 2012, report not from the actual minutes from the 2002 and 2006/07 meetings, but instead the information was “paraphrasing what we heard from Thorp that had transpired there,” according to email correspondence with the newspaper.  So while she was the lone interviewee by Martin who was not directly connected to athletics, she had apparently gotten her information second-hand – directly from the chancellor.  Thorp could not be reached for comment, but a spokeswoman said Thorp provided the meeting minutes to Maffly-Kipp’s committee.  Along with Evans and Thorp, none of the others—Mercer, Baddour, or Blanchard could be reached for an interview, either.  The contradictions were puzzling, to say the least.  With members of UNC’s leadership refusing to speak and clear up the matter, it was hard to know who was being truthful. 
            Despite all of the contradictions to a very key component of his report, Martin told the N&O that he still stood by his findings.  He offered one additional vote of support: Law professor Lissa Broome, who replaced Evans as the NCAA faculty representative in 2010, was chairman of the Faculty Athletics Committee in 2006, and was also a member in 2002.  Martin did not interview Broome for his report, but said she came up to him after his presentation to the Board of Trustees and told him he was “on the mark.”  That would again prove to be the beginning of a contradiction, however.  Broome had told the News and Observer in early December that she did not recall any specific warnings or concerns in the FAC meetings.  Also, on the same day that Martin said she gave him the supportive endorsement, the paper again asked about the committee meetings.  “I just don’t recall myself,” Broome had said.  “I wish I did.”
* * *
            Following the various national media articles mocking his report, and specifically the late-December piece from the News and Observer, former Governor Jim Martin wrote a “letter to the editor” that was published by the N&O on January 2, 2013.  He made several claims in an effort to justify his work and counter the newspaper’s assertions, and did so in a sometimes condescending nature. 
            Martin said that regarding many issues, he and his team dug “as far as our powers allowed.”  He did not, however, discuss the fact that he virtually ignored the emails and phone records of not only former UNC athletic coaches and support personnel (such as Wayne Walden), but also the key figures of Julius Nyang’oro and Deborah Crowder.  Regarding those latter two individuals, Martin said he did not interview them, but “neither did (the N&O’s) excellent reporters.”  He also tried to downplay the potential usefulness of Professor Jay Smith, who had complained of not being asked back for a second interview with Martin.  “My judgment,” Martin said, “was that he was not a useful source”.  In closing, Martin said he had found “answers to the issues we were asked to investigate,” a statement which may have held the key to many of the issues at hand.  What, exactly, had they been asked to investigate – and by whom?  Or more importantly, were there aspects of the scandal they had been told to avoid?  A day later aspects of the former governor’s work – in this case, his letter to the editor – would again be debunked by the newspaper.
* * *
            The rebuttal to Martin would appear on January 3, 2013, from the investigative reporter who had spent the most time on UNC’s past issues: Dan Kane.  Virtually all of the major points that Martin had raised in his letter were countered with facts and data.  On the charge that the newspaper only found three members of the committee who denied concerns were raised by athletic officials, Kane had this to say:  “Readers should know that our stories don’t always include every interview that we do for our reporting.  In this case, we interviewed five members of the 2002 committee who said they either did not recollect such a warning or say it never happened.”  A sixth member briefly said he had no recollection before his wife hung up the telephone.  Regarding the 2006 and 2007 committee meetings, Kane said the newspaper interviewed three faculty members at a November 2006 meeting, as well as the then-Chancellor, James Moeser.  He said four faculty members who were present at a January 2007 meeting were interviewed.  “None remembered being warned about suspect classes,” Kane wrote.  He then clearly re-stated that Martin had interviewed none of those people – not the six from 2002, or the seven different individuals from 2006-07. 
            The issue of Laurie Maffly-Kipp getting her information second-hand from Chancellor Holden Thorp was reiterated.  Regarding John Blanchard, whom had said he twice raised concerns to the committee in 2006 about the independent studies courses (and presumably told Martin those same things), the newspaper asked Blanchard if he had any records or correspondence to back up that assertion.  “He said he had none,” wrote Kane.  In closing, the newspaper posted the minutes of the committee meetings online for its readers to judge for themselves.  That two-day exchange would essentially mark the last major involvement Martin would have in terms of conversing with the media.
* * *
            A brief update on UNC’s scandal was given by NCAA President Mark Emmert in mid-January in response to questions he was asked at the Association’s annual conference.  Based on a January 19, 2013, article in the News and Observer, Emmert said that NCAA interest would hinge on whether the fraudulent scheme particularly benefited athletes.  He did not say, however, whether the NCAA would actually be looking to determine that information itself.
            Emmert said he was troubled by many aspects of the scandal, such as freshman athletes being enrolled in African Studies classes that had been billed as being for experienced students and which did not meet.  “Sure it does,” Emmert said when asked if those types of activities raised a red flag.  “And we will continue to talk more with North Carolina.”  Again left unanswered, though, was why the NCAA would not simply investigate the matter themselves and get the answers firsthand. 
            As had been parroted by the university leaders for the prior six months, their various in-house reviews had claimed the scandal was not about athletics because non-athletes had been enrolled in the bogus AFAM classes as well.  Critics, however, said the NCAA was being shortsighted in ruling out academic fraud investigations based on that point.  Those critics told the N&O that it sent the message that those who want to cheat on academics to help athletes stay eligible to play sports merely need to enroll non-athletes as well.  Gerald Gurney, an expert with various past experiences with academic matters who has been quoted in earlier chapters, said: “If I were to be an athletic academic counselor trying to keep an impact player eligible I would make sure that some equipment manager or some non-athlete were in a course.  That’s a ridiculous argument.” 
            The conflict in reports between athletics officials, Martin, and the Faculty Athletics Committee had also sparked a new controversy.  According to the News and Observer, some faculty members had become concerned that the university had made them scapegoats to prevent the NCAA from investigating.  Lloyd Kramer, the history department chairman who attended the meetings in question, had asked the university’s Faculty Council to take up a resolution that disputed Martin’s finding.
* * *
            Following the tense exchanges between the News and Observer and Martin and the various contradictions of information that were exposed, an article appeared on January 25, 2013, that made an important announcement.  Baker Tilly, the management consulting firm that had helped Martin in his review, withdrew its assertion that athletics officials had raised concerns about independent study courses during meetings in 2002 and 2006.  As stated before, that earlier finding had been significant to Martin’s report because it indicated that those athletics officials had tried to fix what later became known as a major part of an academic scandal.  Raina Rose Tagle of Baker Tilly told a UNC Board of Governors panel that she wanted to “clarify” that finding.  She said the athletics officials “asked a question of the Faculty Athletic Committee as a whole but sort of offline.”  As a result, one of the most significant findings of Martin’s report was deemed incorrect, and was officially no longer included.
* * *
The essential (and unanswered) questions:
-- Why hadn’t Martin’s report shown how many of the 560 unauthorized grade changes since 1994 had benefited athletes and their eligibility?
-- Why did Martin say he and his team had “run out of time” for their investigation, yet only days earlier there hadn’t been any indication of a time limit?
-- Why didn’t Martin thoroughly check the email and phone records of the two individuals he presumed were the cause of the academic fraud?  Was it to avoid discovering intent?
-- Was that the same reason why he didn’t interview any current or former basketball players or coaches?
-- Was that the same reason why he hadn’t inspected any individual student transcripts?
-- Why had Martin interviewed only one member of the past Faculty Athletic Committees, despite meetings from those committees being vital to the validity of his overall findings?
-- There were several stark contradictions between UNC administrators and faculty members.  Who was telling the truth?
-- What, exactly, had Martin and his team been asked to investigate – and by whom?  And more importantly, were there aspects of the scandal they had been told to avoid?
-- Why had the NCAA opted to “continue to talk more with North Carolina” as opposed to simply reopening an investigation and getting some factual answers for itself?