UNC Fraud Report Released
By Art Chansky Art Chansky's commentary on WCHL, Sports Notebook, airs Monday-Friday. He is also the author of 6 books on Tar Heel basketball; the latest -- The Blue Divide -- is currently in bookstores nationwide.

Unanswered Questions

By Art Chansky Posted March 16, 2012 at 8:35 pm

The NCAA’s 38-page report on the Carolina football sanctions is detailed in its outline of violations by the school and the individuals involved (although no names are mentioned; just Student Athlete 1, Student Athlete 2, former assistant coach, former tutor, etc.). But it, as the entire investigation has over the last 22 months, leaves many questions unanswered. Here are a few:

1) Why has the implicated former tutor, exposed many months ago as 2009 UNC graduate and current Durham elementary school teacher Jennifer Wiley, refused to be interviewed by UNC and/or the NCAA or make any public comment of explanation or in her own defense?

Wiley is widely held responsible for the damning tag of “academic fraud” in the first seven pages of the NCAA report, and anyone in her place should be seething that she was thrown under the bus for every picayune and confusing allegation of student-athlete academic misconduct.

Wiley received a letter of disassociation from the university, yet she continues to be represented by noted Raleigh attorney and UNC graduate Joe Cheshire, who defended one of the wealthiest former Duke lacrosse players falsely charged with rape in 2006.

Cheshire did not return phone calls or emails this week after making a statement to WRAL’s website in which he called the NCAA report “not completely accurate” and categorized Wiley as having a “big heart that caused her so much pain” who now wants to get on with her life. So disgraced by her alma mater, why is Wiley refusing to tell her side of the story? Is there legal action coming from Wiley and her family?

Cheshire also represented fired football coach Butch Davis, who is further tied to Wiley because he and his wife hired her as a private tutor for their teenage son, Drew. Wiley’s only public statements have been of regret over her role in the scandal and support of Davis.

Attempts to reach Wiley at her home, school and via email have been unsuccessful. Her parents must be both heartbroken and furious, yet her father Stewart Wiley of Matthews, N.C., also refused to talk when contacted. He maintained his daughter has nothing more to say.  

Cheshire told the News & Observer Friday that the $1,789 she gave a former UNC player (Greg Little) to pay off his unpaid parking tickets was a loan that was paid back right away, and that every other favor she did for football players was out of friendship to help them fulfill their dream of playing in the NFL someday. 

2) Will John Blake continue to be silent after denying all charges against him (allegations that were not refuted by UNC in their official response to the NCAA) and receiving a three-year “show cause” penalty that will keep him from coaching college football for at least that long?

Blake has told several acquaintances that he was fired as a scapegoat in September of 2010 and a number of former UNC players, coaches and administrators knew of his relationship with deceased agent Gary Wichard, including Davis. Blake appeared before the NCAA Committee on Infractions at the same hearing where UNC responded to the nine allegations last October.

Blake has also retained counsel who said they are contemplating an appeal. He could also sue both the NCAA and UNC. If he has more damning evidence and UNC truly wants to put the scandal in the background, he could be in a position to get more money from his former employer. Blake was paid a pro-rated 2010 salary of $75,000 when fired.

Former Southern Cal assistant coach Todd McNair filed suit against the NCAA in 2011, claiming libel, slander and misconduct in implicating him in the investigation of USC Heisman Trophy winner Reggie Bush, which landed the Trojans on probation, including a two-year bowl ban. 

3) During Monday’s teleconference, veteran sportswriter and Orange County Commissioner Barry Jacobs asked how Butch Davis, the man who oversaw the Carolina football program for four and a half years, could escape to Tampa unscathed and, in fact, even wealthier with a $2.7 million contract buyout for being fired without cause?

Adam Gold of 99.9 FM radio pointed out that Davis’ contract states that he could be fired “with cause” if one of his assistant coaches committed an NCAA violation. Davis also used a loophole in his contract to receive his full severance after taking a job as a “special assistant” to new Tampa Bay Bucs coach Greg Schiano. Davis claims he will do no coaching in his new NFL job, but many stories since his hiring by Schiano have referred to Davis as a “defensive coach.”

In response, former Athletic Director Dick Baddour maintained Davis cooperated fully with the NCAA and UNC Chancellor Holden Thorp said paying Davis off was “our best option.” Does that mean refusing to pay Davis invites a lawsuit from the deposed coach that would be costly to defend and keep the scandal in the news?

In fact, Davis did not “cooperate fully.” He hid his cell phone use with a personal phone to the total exclusion of the cell phone and land line provided by UNC, then promised his cell phone records to the media, then stonewalled, then when fired went away and never produced anything.

4) What exactly does the vacating of 16 wins from the 2008 and 2009 seasons mean, with regard to UNC records, Butch Davis’ coaching record and career statistics of those (ineligible?) players who participated in those games?

Kevin Best, UNC’s Director of Football Communications, says the victories will be erased from those seasons and Carolina’s all-time total, but not converted to losses (such in forfeits). Thus, UNC’s official record for the 2008 and ’09 seasons will be two 0-5s in forthcoming media guides.

Under NCAA guidelines, Davis’ overall record at Carolina will be changed from 28-23 to 12-23, and Davis will not be allowed to claim those vacated victories on personal resumes, interviews and applications or in media guides of teams and schools he works for in the future.

Best said that he is clarifying how the individual statistics of players who were in those vacated wins will be handled in the official UNC records and media guides moving forward. Carolina has 45 days to submit a compliance report on all of these changes to the NCAA.

5) In light of the decision to not let former linebacker Ebele Okakpu, who was dismissed from the football team last season for a series of program violations, participate in UNC’s pro timing day in front of NFL scouts, why were Marvin Austin, Greg Little and Robert Quinn allowed to audition for the NFL after being ruled permanently ineligible by the NCAA?

New Athletic Director Bubba Cunningham and new coach Larry Fedora have denied Okakpu’s request to appear at the timing day. Cunningham said they are trying to set a new standard of accountability for the football program, obviously wanting to distance the new coaching staff from anything related to the Davis regime.

Certainly understandable, but it raises the question of why the other three former players were allowed such access. Okakpu’s agent Lance Courtney has said “the entire situation is very strange to me and it appears to be strange to every NFL person I speak with regarding Ebele.”

Was UNC afraid that Austin, Little and Quinn had more information about NCAA violations that they threatened to expose if not permitted at the pro timing day? Austin implied as much after former teammate Michael McAdoo’s lawsuit was dismissed, saying he was ready to “spill the beans.”

6) Are there any other skeletons in the Carolina closet that will come out in the weeks and months to come, regarding Davis, Blake and the last football regime?

At one time, apparently, a half dozen former players were considering legal action against the university for lost playing time during the 2010 season that could have affected their chances to play professional football. Devon Ramsay won such a suit after missing nine games in 2010, had his eligibility restored for 2011 and received a sixth year of eligibility from the NCAA after tearing an ACL in the season opener against James Madison. Ramsay, apparently, had six commas changed or added to a paper by Wiley or another tutor.

McAdoo, a defensive end, sued the NCAA and UNC for losing his eligibility, forced a telephone hearing with the NCAA and when his eligibility was not restored saw his lawsuit dismissed in North Carolina Superior Court. McAdoo, who entered the NFL supplementary draft and subsequently signed with the Baltimore Ravens, is appealing the dismissal because his family says it wants to keep public attention on the procedures and policies of the NCAA.

7) What additional questions do you have? Log in as a Chapelboro insider and post your questions at the bottom of this column.

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