The University of North Carolina at Chapel Hill has posted new NCAA communications about the joint investigation of academic irregularities. The postings, which respond to public records requests, are: a letter from the NCAA’s Committee on Infractions about the University’s arguments for a hearing; a third notice of allegations issued by the NCAA’s enforcement staff; and the University’s response to the infractions panel chair about those developments.
Following a hearing in Indianapolis on Oct. 28, 2016, the Committee on Infractions rejected the University’s jurisdictional arguments that would have limited the scope of a hearing held on the merits. The panel also made clear that no decision on the merits had been made. The committee’s Nov. 28, 2016, letter, posted here, directed the enforcement staff to revisit the NCAA’s second notice of allegations issued on April, 25, 2016. That letter prompted the enforcement staff to issue a third notice of allegations on Dec. 13, 2016.
As with previous NCAA materials, the University is posting public record copies on this website. The third notice of allegations can be found here, and accompanying exhibits called “factual information,” or FIs, are posted here. Most of these exhibits were previously released.
The University responded Dec. 21, 2016, to the infractions committee chair with a letter, available here. It outlined concerns about the process the chair followed in declining to consider key evidence the University asked to submit before the October hearing. That evidence included correspondence reflecting months of dialogue between the University and the enforcement staff.
“We’ve worked collaboratively with the NCAA enforcement staff for more than two years,” said Bubba Cunningham, director of athletics. “We have serious concerns about the process that led to the third notice of allegations based on the principle that all member institutions should expect fair and consistent treatment. We will continue to work cooperatively with the NCAA and remain fully committed to seeking a fair outcome.”
Carolina has been extraordinarily proactive in addressing its past and responding with more than 70 wide-ranging reforms and initiatives.
The University’s letter to the infractions committee chair said the key evidence previously denied for consideration by the panel must be made part of the case record. Those two letters can be found here and here.
Typically, NCAA rules provide a member school with 90 days to respond to a notice of allegations. The University is evaluating whether it may need more time to respond.
NCAA Bylaw 19.03.01 requires that all infractions-related information remain confidential throughout the infractions process. Consistent with NCAA protocol, University officials will not comment on details about the case until it is completed.