Wainstein: ‘Don’t Have Findings Yet’

By Ran Northam Posted June 20, 2014 at 3:00 pm

Story originally posted 10:38 a.m., June 20, 2014

Attorney Kenneth Wainstein told the UNC Board of Governors Friday that not only will he not share findings of his investigation into UNC’s academic irregularities, but that he doesn’t yet have any findings. He says the investigation is ongoing.

“Our investigation is not complete, and until our investigation is complete, we will not have final findings,” Wainstein said. “Those findings, as President Ross said, will be put together into a report, which will be made public at the end of our investigation.”

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That was the first time Wainstein publicly spoke about his investigation.

The 19-year veteran attorney was retained by the University in January after the North Carolina State Bureau of Investigation and Orange and Chatham County district attorney Jim Woodall concluded their investigations into UNC’s African and Afro-American (AFAM) Studies Department and its chair Julius Nyang’oro.

That investigation led to the indictment of Nyang’oro for receiving $12,000 to teach a lecture course filled with football players that he instead treated as an independent study requiring only a paper in summer 2011. Woodall said no further charges will be made against Nyang’oro or any other person involved.

Nyang’oro has had his first appearance in court, but his trial is still pending. The University said he has returned the $12,000.

Wainstein said he and his associates are using every resource possible to aid in their findings, which is something he said previous investigations into this topic weren’t able to include.

“We’ve interviewed over 80 people so far—a number of them we’ve interviewed more than one occasion,” Wainstein said. “We’ve collected and searched over 1.5 million emails and electronic documents. We’re also analyzing thousands of student records, including transcripts, going back to the early ‘90s and even into the ‘80s.”

On June 6, former UNC basketball standout Rashad McCants went on ESPN’s “Outside the Lines” and said that tutors wrote papers for him, he remained eligible only because of phony “paper classes” – and that his coaches, including Roy Williams, were fully aware of what was going on.

McCants comments marked the first time someone associated with the UNC men’s basketball program said it, too, was part of the academic scandal.

Wainstein told reporters Friday that McCants is not among the 80 people who have been interviewed, despite the attempt.

“We’ve intended to speak to him,” Wainstein said. “We actually invited him to come in for an interview back in May. At that time, he declined our invitation. He said that at that time he did not want to speak to us. Then he had his interview and spoke publicly. So, we’re hopeful that that is sort of a changed circumstance that might want him to want to speak to us, so we’ve now sent a new letter reiterating our invitation to speak to him. So, we’re hopeful that that will happen.”

Nyang’oro and a long-time department administrator, Deborah Crowder, have been mostly unavailable for questions leading up to this investigation. However, Wainstein says he has received full cooperation from them.

“In terms of their willingness to sit down with us, they’ve made themselves completely available to us; they’ve given us as much time as we’ve asked for and met with us on every occasion we’ve asked them to meet,” Wainstein said.

Wainstein emphasized that this investigation is completely separate from the University, and that the decision was made to keep it that way in order to protect the integrity of the investigation.

He added that his job is only to investigate the academic irregularities and present a report, but not to suggest a course of action to take based on those findings.

“What they’ll do with that, that’s for them to decide,” Wainstein said. “I heard, this morning, President Ross talking about how he’s looking forward to getting the report and getting the findings and then taking any actions that might be pointed up by any of those findings.”

System President Tom Ross said he couldn’t speak to what kind of actions would be taken, because he doesn’t have the report yet. However, he said that he’s said from the beginning that UNC is ready to take any actions necessary.

“When he’s finished, we’ll take the appropriate steps, and we’ll take whatever additional steps are necessary to ensure that nothing like this ever happens again, and then we’ll move on,” President Ross said.

President Ross told the Board, before Wainstein gave his update Friday, that no limitations were placed on Wainstein’s investigation and that he was instructed to go where the information leads him.

“Chancellor Folt and I directed and gave Mr. Wainstein the full authority to follow the facts wherever they lead and to attempt to address definitively how and why academic irregularities occurred at UNC-Chapel Hill,” President Ross said. “

Wainstein told the Board he chooses to use the term “paper classes” when discussing the focus of the investigation. The media has chosen multiple additional terms, including fake classes and no-show classes. He listed many questions he said he and his associates are using as base questions in the investigation, including a major focus on which classes in the AFAM department were independent studies, what was learned in those classes, if there was any inappropriate assistance in the classes, which personnel on campus knew about the irregularities, and many more.

Wainstein is a partner with the Cadwalader, Wickersham & Taft law firm’s Washington branch. He had associates Colleen Kukowski and Joseph Jay in attendance with him, who he said are assisting him in the investigation.

No timeframe was given for the conclusion of the investigation, but Wainstein said he hopes to have the investigation wrapped up before the start of the fall semester.

UNC system spokesperson Joni Worthington said the University has not yet received any bills from Cadwalader, Wickersham & Taft.

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