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UNC's "Absence of Evidence" Argument

I call "challenge" on Mr. Evrard's claim. It is true that the COI Panel rejected UNC's request to enter correspondence between UNC and the Enforcement staff into the record prior to the hearing, but that denial was not responsible for any "absence of evidence" that may or may not have existed for the hearing; and neither did the Panel cite such an "absence of evidence" as a consideration when it requested the Enforcement staff to review the allegations.


http://mindingthecoach.blogspot.com/2017/02/uncs-absence-of-evidence-argument.html
 
B. Martin ‏@yibyabby

More UNC notified Jan Boxill of intent to fire for what it says amounted to, at most, Level III NCAA violations? https://drive.google.com/open?id=0B24WwCUVnfYtVXlVVmpBQWhjdnM … Harsh!


C4pMHSOVMAAFkXa.jpg


DevilDJ ‏@DevilDJ32


@yibyabby So in the "official" response unc downplays her guilt. Termination letter more graphic. Is that it? #hinky


C4pwDgLWMAAgS0C.jpg



Am I missing something? Seems to me like this was another example of unx parsing words. For example , they blamed "athletics" when responding to SACS while blaming "academics" when dealing with the NCAA. Bubba says unx cheated but that cheating is outside the NCAA's purview. They'll admit to all kinds of violations but only when such mea culpas won't result in NCAA sanctions. This incident with Boxill appeared to be similar. In their bs "official" carolina commitment statement they downplayed her offenses. In her termination letter ( which I assume was sent directly to her ) they were more , uhhh , "honest" about the severity of her violations. Maddening.
 
The NCAA made an excellent point. If the violations unx committed were negligible and/or heretofore unknown , why were 9 people fired over all of it? The holes' lawyer responded...



B. Martin is right. Given the circumstances , this response from unx IS a "headscratcher." Thing is , Evrard didn't offer an explanation. If the 9 weren't canned because of what was revealed in the Wainstein Report , why WERE they fired?
 
Vince Ille ( compliance douchebag at unx ) is a piece of work. Co-signs a butt-hurt e-mail from a hole alumnus and bashes Mary...



 
Amusing stuff. unx sock-puppet lyin' his azz off. Lulz...

Fact-Checking WalterByerz

I check in on what the pseudonymous Twitter account @WalterByerz is up to because, even though he's likely just a UNC fan without any real connection to UNC's official team that's responding to NCAA charge. He could be getting fed some PR-type info from the inside that could reflect the thinking of UNC's athletics department to some degree; or if not the athletics department then maybe the Rams Club. He's already received some faint endorsement from the unofficial UNC athletics media outlet, Inside Carolina, whose staff has indicated to members "Walter" is someone to pay attention to.


http://mindingthecoach.blogspot.com/p/refuting-walterbyerz.html?m=1
 
NCAA Division I "Typical" Infractions Process

The "typical" NCAA Division I infractions process is depicted below, found on pg. 326 of the NCAA Division I Manual, Some of the details on roles and responsibilities within this process are found in the Internal Operating Procedures for the Infractions staff and the Committee on Infractions.

To see where UNC's current, pending infractions case has diverged from this "typical" path, go here.


http://mindingthecoach.blogspot.com/p/ncaa-division-i-infractions-process.html
 
Walter Byerz@WalterByerz

Wainstein searched 1 million+ documents & admitted he found no evidence of any "fake classes" (grade for no work) in UNC's AFAM Department

Judge Bob Orr ‏@JudgeBobOrr

@WalterByerz Swahili class McAdoo punished for had no faculty involved; paper was not in Swahili; no class attendance and grade roll forged.

B. Martin ‏@yibyabby

McAdoo's fault was plagiarism. Just happened to be in AFAM "irregular" course. THAT'S institution's fault.

Judge Bob Orr ‏@JudgeBobOrr

@yibyabby @WalterByerz Wrong. Plagiarism issue surfaced later. Tutor help on paper was basis of academic fraud punishment.


B. Martin ‏@yibyabby

@JudgeBobOrr @WalterByerz Ah, that's right. Even initial trouble was fault of institution.


 
Bilas hates the NCAA so much ( or loves unx...or both ) that he's bending over backwards to defend the indefensible...

The academic scandal in North Carolina’s athletic program was “profoundly wrong” but still doesn’t justify the widespread call for “a pound of flesh” from the Tar Heels.

Q. How closely have you followed the North Carolina academic scandal and the NCAA’s investigation of the school?

A. Very closely. I’m on record as saying, “Look. My following this is not an issue of passing judgment on what happened here as right or wrong. What happened here (at North Carolina) was profoundly wrong.”

But under the rules of the NCAA and their bylaws, there’s a reason why the notice of allegations doesn’t say academic fraud, because the NCAA doesn’t recognize that as academic fraud. ... A rules-based organization is not allowed to violate its own rules to get the result it wants, and that’s exactly what’s happening. ...

The decision-making authority there, the Committee on Infractions – I don’t think the system is very well-run. I don’t think a sitting commissioner (SEC commissioner Greg Sankey) should be in charge of the Committee on Infractions. That’s a conflict of interest that you cannot waive and – no matter how good your judgment is – you cannot get past. ...

The (arguments North Carolina used in defending itself) are correct, based on rules of NCAA. ... But people don’t want to hear that. They want a pound of flesh. And it goes beyond what the rules are and goes to a sort of moralistic argument. It is: “Who cares what the rules are? Hit them with a bag of hammers because I don’t like this.”

But that’s not the way the system works. I think the NCAA should follow their own rules.


http://www.newsobserver.com/sports/spt-columns-blogs/scott-fowler/article133460164.html
 
Dan Kane...

As UNC and the NCAA continue to battle, a little-noticed spat about one (bogus) class

The accuracy question, however, could boomerang on the university. In its challenge, UNC’s lawyer, Rick Evrard, stated in a letter last year that a class set up by one of the academic scandal’s central figures wasn’t found to be a bogus “paper” class. That assertion, however, appears to have been based on an inadvertent omission in a report that represents the most extensive public investigation into the classes.

Joseph Jay, the lead attorney on Wainstein’s team, confirmed to The N&O in July that AFAM 398 was actually one of the bogus classes. It had inadvertently been left off the list.

Some of the strongest evidence that this AFAM 398 class was bogus comes from the professor who helped launch it, Reginald Hildebrand. In 2012, when details of the classes started to emerge, he wrote an essay conveying his shock and frustration over what had happened within his department.


http://www.newsobserver.com/news/local/education/unc-scandal/article127285694.html
 
ESPN’s Jay Williams: Will Tar Heels ever sign ‘one-and-done’ basketball talent again?

“Kids used to be knocking on the door to go to school here, 24-7,” Williams said of North Carolina.

I think these kids look for what's shiny and what looks great and ‘Who can sell me the best?’ Now I'm not saying that Roy Williams isn't a great seller, but I don't know that I put Roy Williams in the same category as I do John Calipari, right?

No ‘one-and-done’ for a decade

Roy Williams has not gotten a top-5 national recruit since forward Harrison Barnes in 2010 --
although forward Justin Jackson was a top-10 recruit and is a star on the current North Carolina team that leads the ACC standings. North Carolina has not had a “one-and-done” player since forward Brandan Wright in 2007.

Since Barnes, North Carolina has offered 11 scholarships to prospects who were ranked among the top five players nationally in their respective classes. All 11 chose to go elsewhere

Jay Williams said he also believes today's players -- far too young to have ever seen former North Carolina and NBA star Michael Jordan play live -- do not have a superstar role model in the NBA who is an ambassador for the Tar Heels in the way Jordan was.


http://www.charlotteobserver.com/sports/spt-columns-blogs/scott-fowler/article133802979.html
 
Wow, I cant believe JayWill is actually delivering a not so subtle knock to his buddy Roy!

OFC
 
Good Lord. As expected , IC jumps all over Bilas' comments. Added this gem...

However, sources confirm, the university is prepared to take legal action if the Committee on Infractions hands down an unjust punishment in the penalty phase.

http://www.scout.com/college/north-...-criticizes-ncaa-s-handling-of-unc-case?s=167

PUH-LEEZE let this happen. Sue the pants off the NCAA , tarholes. Let's get everybody in court and under oath and get to the bottom of all this once and for all. LMAO.
 
Good Lord. As expected , IC jumps all over Bilas' comments. Added this gem...

However, sources confirm, the university is prepared to take legal action if the Committee on Infractions hands down an unjust punishment in the penalty phase.

http://www.scout.com/college/north-...-criticizes-ncaa-s-handling-of-unc-case?s=167

PUH-LEEZE let this happen. Sue the pants off the NCAA , tarholes. Let's get everybody in court and under oath and get to the bottom of all this once and for all. LMAO.

I am of the opinion Bilas should recuse himself from discussing this matter on ESPN unless its a public forum where a an NCAA/COI/Congressional member can be present to offer reasonable debate. Its as if he he has a vested interest in this outcome, and lets not forget he's a litigator AND who he is employed by. He's obsessed with UNC's innocence.
 
UNC's "Conflict of Interest" Argument

That's an interesting allegation; and, if it was a concern, one has to wonder why UNC didn't lodge a protest prior to the October 2016 procedural hearing. When the hearing date and panel composition was announced, UNC was also given a deadline of October 14th, 2016, to protest any of the COI panel membership. When UNC submitted a request to the COI on October 14th, it made no mention of any objection to Greg Sankey as chief hearing officer.

The October 2016 hearing results were not favorable to UNC and yet, when UNC publicly responded in protest to the COI panel's rejection of its jurisdictional and procedural objections -- and the issuance of a 2nd Amended Notice of Allegation -- there was still no complaint about the COI panel membership.


http://mindingthecoach.blogspot.com/2017/02/uncs-conflict-of-interest-argument.html
 
Soumds good!! Thanks!

Wow. so much for all that "carolina commitment" bs Carol Folt goes on an' on about. This is exactly why unx has to be curb-stomped into the next century...current players be damned. So sick of the argument..."But , but , but current players had nuthin' to do with it. Guilty fired , old players gone , time served , scandal over , house cleaned yada yada yada." It ain't over. At unx , it'll NEVER be over. They've played by their own set of rules for too long. Geez Louise , it's happening right in front of us. We are in to YEAR SIX of this and the holes are still fightin' tooth an' nail to avoid enduring what will probably be much less severe sanctions than they deserve...much less than damn-near every other school that's for sure. Ole Miss is investigated an' just waitin' on their final judgement. unx? Still spending millions on PR and legal fees. Disgusting. Saw some unx fans show up here in another thread defending their bs schedule. If it was Duke in the same position , I'd be embarrassed to show up anywhere NEAR the tarhole nation. There is not a bigger scumbag cesspool joke-azz of a university than the "flagship." Under NCAA investigation? Hire Gene Chizik. Under NCAA investigation? Hire Tim Beckman. Under NCAA investigation? Get a watered-down amended NOA then tell the NCAA to go eff themselves with it. Under NCAA investigation? Hire a freakin' learning specialist ( who wasn't even AT unx during the salad days ) to pollute the web with nonsense. Under NCAA investigation? Pay said learning specialist to produce a pathetic half-azzed documentary. Under NCAA investigation? Demonize anyone within sight or earshot who dares to tell the truth about the "carolina way." Gawd. Disgusting.
 
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I couldn't figure how to fast forward this damn thing but around the 37 minute mark JJ starts talking about the Duke/unx rivalry. In doing so he mentions that he once played with Reggie Bullock. Reggie told JJ that while he was at unx , "he never went to class." Lulz...

 
There is no basis for claims @GregSankey serving as chief hearing officer on UNC case violates NCAA Bylaw 19.5.1.2

The Unofficial "Greg Sankey Violated Initial Determination Rule" Argument

There's an unofficial complaint being bandied about that Committee on Infractions (COI) chairman Greg Sankey should not be assigned to the panel hearing the UNC case.

For this rule to be applicable in the UNC case, the Enforcement staff would have had to submit information to Sankey for a determination of how that information should be processed prior the case entering the hearing phase. If such an event had happened prior to issuance of the Amended Notice of Allegations in April 2016, then Sankey should be recused from membership of the hearing panel in the UNC case in accordance with 19.5.1.2. But where and how it has been established that such an event took place is unverified. Those wanting Sankey off the Panel are projecting false information about his and the COI's involvement in the events transpiring up to that 2nd NOA.


http://mindingthecoach.blogspot.com/2017/02/the-unofficial-greg-sankey-violated.html
 
Has a date been set for any type of ruling regarding any possible sanctions?


I got this from Pack Pride and posted it on page 13 of this thread...


Re: UNC Lawyers digging a bigger Hole in NCAA Case : Kane
st8dukegrad87
X
6th Man
Rating: 3.4/5 this site
3652 posts this site

Unless a settlement happens, I do not see report from COI being issued (with punishment) until at least Aug 2017. This assumes no further UNC-CH delays (the NCAA wants this case completed) and typical process flow.
Potential timeline:

UNC-CH responds to 2nd ANOA - March 2017

COI hearing as early as April 7, but probably June 10

COI issues report as early as end of May and late as mid-August
 
More on unx's "conflict of interest" concerns...

COI Chief Hearing Officer Assignments since 2014

Prior to the 2014, the Chairman of the Committee on Infractions was the de facto "chief hearing officer" for all infractions cases. When changes to the Committee on Infractions membership and policies went into place starting in 2014, the committee membership was enlarged and the role of an infractions case chief hearing officer was initiated to allow more efficient and expeditious processing of cases.


http://mindingthecoach.blogspot.com/p/coi-chief-hearing-officer-assignments.html
 
Some legal intricacies here but Bob has done yeoman work covering this. Some highlights...


UNC's "Fairly Aligned" Argument

I also previously refuted the claim that the COI overstepped its authority and "directed" the Enforcement staff to do anything.

I call "challenge" on Mr. Evrard's claim that the ANOA had "appropriately addressed" matters that were the subject of dialogue between UNC and the Enforcement staff. My counter-claim is that this interim dialogue between UNC and Enforcement that occurred between August 2015 and April 2016 resulted in a fundamentally flawed Amended Notice of Allegations that DID NOT resolve matters to which UNC had objected and Enforcement had been defending.

The new information UNC had reported on the eve of its response to the NOA being due had no bearing or relevance to that debate.

The content and the structure of the ANOA was the result of UNC and Enforcement's negotiation and dialogue, and not the influence of, or endorsement by, the COI.

( unx's ) Disingenuous Characterization of the ANOA

. The truth is, though, that the COI is not so constrained to consider only what Enforcement alleges.

Just because UNC didn't get what it wanted doesn't mean it was denied a fair hearing.

Instead, having gained a fundamentally flawed ANOA out of the dialogue with Enforcement, UNC went after it with both barrels. Unfortunately for UNC, that approach backfired.


http://mindingthecoach.blogspot.com/2017/02/uncs-fairly-aligned-argument.html
 
Walter's Recipe for Persuasion

1) Begin with some solid facts to establish a foundation of credibility. (Tweets #1-6)

2) Sneak in some fact or claim that, while true, is misleading in the context of the other statements. (Tweet #7)

3) Next, add some arguable claim. It'll be disguised as proven fact when mixed in with the others. (Tweet #8)

4) Now make claim with the slant or error that supports the conclusion to which you are driving. (Tweet #9)

5) Finally, present your conclusion. It'll have the appearance of flowing logically from the prior 'true' and 'factual' statements. The gullible will believe it is based on firm footing. "Victory!" (Tweet #10)


http://mindingthecoach.blogspot.com/p/walters-recipe-for-persuasion.html?m=1
 
Good Lord , Carter is a shill. Shameless too. Poor ol' Roy. Struggling to win despite keeping his top recruits in school LONGER than other coaches and having a decades-long cheating scam in place to attain those players....


Why UNC’s Roy Williams should be ACC Coach of the Year

And then there’s the biggest challenge of all: the so-called “junk,” as Williams calls it. He has acknowledged that the past few years have been the most difficult of his coaching career for a variety of reasons, and the ongoing NCAA investigation into bogus African Studies courses is at the forefront of those reasons.

The investigation continues to negatively affect recruiting. Williams has had to continue to defend his integrity, and that of his program. And though the public scrutiny surrounding Williams has diminished some, the investigation still lingers, ominously.


http://www.newsobserver.com/sports/college/acc/unc/article135124139.html
 
Good Lord , Carter is a shill. Shameless too. Poor ol' Roy. Struggling to win despite keeping his top recruits in school LONGER than other coaches and having a decades-long cheating scam in place to attain those players....


Why UNC’s Roy Williams should be ACC Coach of the Year

Another example of a beat writer totally fawning over the Holes....Sickening. Roy's had unfair academic advantages ever since coming from Kansas and setting up shop at that bogus studies operation.

Hey Andrew, a vote for Roy will no doubt score you some points w/Huckleberry...Go for it! I am sure your colleagues will make it unanimous- been this way since El Deano...
 
Index of Counter-Arguments to UNC

UNC has lodged many (sometimes overlapping) objections and counter-arguments in defense of allegations of Level I NCAA rules infractions. Since the posting of the October hearing panel's ruling and the issuance of the 3rd Notice of Allegations, I've responded to some of those arguments by way of articles posted to this blog, including some challenging claims made by unofficial UNC advocates who may be expressing protests soon to be heard from UNC officially.

This page is an attempt to index and catalog the recent articles published on this blog that have been offered as rebuttals to the various UNC defense arguments.


http://mindingthecoach.blogspot.com/p/index-to-minding-coach-rebuttals.html?m=1
 
Sanctioned in "Fantasyland." Unsanctioned in "Real Life..."

 
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