CONFIDENTIAL/VIA ELECTRONIC MAIL July ... - The Sports Esquires

CONFIDENTIAL/VIA ELECTRONIC MAIL

July 22, 2015

President Rodney Bennett The University of Southern Mississippi c/o Mr. William King Lightfoot, Franklin & White, LLC The Clark Building 400 20th Street North Birmingham, Alabama 35203 RE: Notice of allegations, The University of Southern Mississippi, Case No. 00319. Dear President Bennett: The purpose of this letter and enclosure(s) is to provide The University of Southern Mississippi with the results of an inquiry conducted by the NCAA regarding the institution's athletics department. The available information appears to be of sufficient substance and reliability to warrant issuing a notice of allegations (Bylaw 19.7.1). Accordingly, this letter and its enclosure(s) include (1) the details of the allegations, (2) the level of each allegation, (3) the factual information on which the NCAA enforcement staff relied, (4) any aggravating and/or mitigating factors that may be present, (5) a description of the available hearing procedures, and (6) a description of the institution's opportunity to respond to the allegations. As indicated in the October 17, 2014, notice of inquiry, the cooperative principle imposes an affirmative obligation on the institution to assist the enforcement staff and the hearing panel of the NCAA Division I Committee on Infractions in developing full information to determine whether a possible violation of NCAA legislation occurred (Bylaw 19.2.3). The enforcement staff requests your continued cooperation for the purpose of obtaining pertinent facts until the case has been concluded. Response to notice of allegations Please review the allegations, the factual information and the requests for information thoroughly and submit a written response. If the institution's positions differ from those of the enforcement staff, the institution should provide all available factual information in support of its positions. In addition, pursuant to Bylaw 19.7.1.1, the institution has a responsibility to provide all relevant information including any information uncovered related to new violations. Pursuant to Bylaw 19.7.2, responses from the institution shall be submitted within 90 days from the date of this letter, unless an extension is granted. In the interest of clarity and in accordance with the general procedures established by the committee, the institution is asked to copy each numbered item and the subparagraphs of each item from the notice of allegations. The institution's response, as well as the reasons for its position, should immediately follow each numbered item or subparagraph.

President Rodney Bennett July 22, 2015 Page No. 2 __________

Please submit the response and exhibits via email in Microsoft Word format to Joel McGormley, Email Address managing director of the office of the Committees on Infractions, at and to enforcement by uploading the response using the following link: 00319-SouthernMiss_Records Portal Please name the file(s) using the following naming convention: NOAResponse_DateSubmitted_SouthernMiss_00319. Your response presents a vital opportunity to assist the hearing panel as it considers whether violations of the NCAA constitution and/or bylaws occurred. Note that under Bylaw 19.7.2, the failure of an institution to submit a timely response to the notice of allegations may be viewed by the hearing panel as an admission that a violation or violations occurred. The enforcement staff has compiled a body of information relevant to this notice of allegations, including recorded interviews, interview transcripts and other factual information. Pursuant to Bylaw 19.5.9, you are entitled to review that information either through a secure website or at the NCAA national office. If you have not yet made arrangements with the enforcement staff to review the information, please contact the primary investigator identified below. He is available to discuss the development of the institution's response and assist in locating various individuals who have, or may have, important information regarding the allegations. If you believe additional interviews would be helpful as you prepare the institution's response, please consult the Committee on Infractions' Internal Operating Procedure 13-12-1 for further information and guidance. Prehearing conference Pursuant to Bylaw 19.7.4, within 60 days of the submission of the institution's response, the enforcement staff will conduct a prehearing conference to clarify the issues and discuss whether additional investigation is necessary. Also, pursuant to Bylaw 19.7.3, within 60 days of the date you submit the institution's response to the notice of allegations, the enforcement staff is required to submit its reply. Unless the hearing panel's chief hearing officer orders otherwise, Bylaw 19.7.5 requires the parties to submit all relevant materials to the hearing panel no later than 30 days before the date of the infractions hearing. Committee on Infractions hearing Because this matter is being processed as a severe breach of conduct (Level I) case, a hearing panel of the Committee on Infractions will convene for an in-person hearing, unless the institution requests a remote hearing under Bylaw 19.7.7. The office of the Committees on Infractions will notify the institution, involved individuals and the enforcement staff of the final hearing date and, if an in-person hearing is scheduled, the location, once the final schedule is established. The hearing panel's chief hearing officer will identify and notify all individuals whose participation is required at the hearing. Pursuant to Bylaw 19.10.2, an appeal of the hearing panel's decision is available only to institutions who participate in the hearing process. In keeping with the premise of presidential control of athletics, the hearing panel will expect you to participate in the hearing and to discuss

President Rodney Bennett July 22, 2015 Page No. 3 __________

presidential control and the institution's commitment to compliance. Additionally, the chief hearing officer will request the attendance of the following representatives of the institution: Bill McGillis, director of athletics; Dennis Phillips, faculty athletics representative; Doc Sadler, head men's basketball coach; and Daniel Feig, director of compliance. Please inform Mr. McGormley at your earliest convenience if you anticipate difficulties in securing the attendance of these individuals. If you believe the hearing panel would benefit from the attendance of other institutional representatives, please advise Mr. McGormley of their names and titles. The failure of any person to participate in the hearing, if specifically requested to participate, may constitute a violation of Bylaw 19.7.7.5.1. This letter addresses only a portion of the information about processing this case. Please consult Bylaw 19 and the Committee on Infractions' Internal Operation Procedures for further information and guidance. You may direct any questions or requests for the hearing panel to Mr. McGormley. If the enforcement Email Address staff can be of assistance, please contact me; Tom Hosty, director of enforcement, at ; or Email Address James Garland, the primary investigator in this case, at . I hope this correspondence is helpful, and I look forward to working together with all parties to present complete and reliable information to the hearing panel of the Committee on Infractions. Sincerely,

Jonathan F. Duncan Vice President of Enforcement JFD:lef Enclosures cc:

Mr. Britton Banowsky Mr. Daniel Feig Mr. Bill McGillis Dr. Dennis Phillips NCAA Division I Committee on Infractions Selected NCAA Staff Members

NOTICE OF ALLEGATIONS to the President of The University of Southern Mississippi A.

Processing Level of Case. Based on the information contained within the following allegations, the NCAA enforcement staff believes this case should be reviewed by a hearing panel of the NCAA Division I Committee on Infractions pursuant to procedures applicable to a severe breach of conduct (Level I violation). 1

B.

Allegations. 1.

[NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(b), 10.1-(c), 10.1-(g), 13.2.1, 14.01.1, 14.01.2 and 16.8.1 (2011-12 through 2014-15); 14.11.1 (2011-12 and 2012-13); 14.10.1 (2013-14); and 12.11.1 (2014-15)] Former MBB HC

It is alleged that between June 2012 and May 2014, , Former MBB Asst. 2 then head men's basketball coach; then associate Former MBB Asst. 3 head men's basketball coach; then assistant men's Former MBB Staff Member 2 basketball coach; Former MBB Staff Member 1 and then men's Staff Members basketball and a then assistant men's basketball coach violated the NCAA principles of ethical conduct when they were knowingly involved in arranging fraudulent academic credit in the completion of online coursework for Former MBB seven then men's basketball prospective student-athletes. In one instance, HC paid for the online courses for one prospective student-athlete. Additionally, as it relates to five of the prospective student-athletes, they later enrolled at the institution, competed for and received travel expense from the institution and were not withheld from competition for their ineligibility. Specifically: a.

20##

In the spring and summer of then men's basketball prospective Student Athlete A JUCO 1 student-athlete from , a two-year college, was enrolled in three online courses at Adams State University (Adams State): (1) ENG 101 Communication Arts I; (2) ENG 102 Communication Arts II; and (3) MATH 104 Finite Mathematics. and knowingly and Student Athlete A impermissibly completed work in these courses for at the Former MBB direction of This amounted to fraudulent academic credit and HC resulted in inaccurate information being provided to the admissions office at The University of Southern Mississippi (Southern Mississippi) Student Athlete A regarding academic record, which was used by the Former MBB Staff Member 2

1

Former MBB Staff Member 1

Pursuant to NCAA Bylaw 19.7.7.1 of the 2014-15 NCAA Division I Manual, if violations from multiple levels are identified in the notice of allegations, the case shall be processed pursuant to procedures applicable to the most serious violation(s) alleged.

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 2 __________ 20##-##

institution to certify his transfer eligibility for the academic year. Student Athlete A subsequently enrolled at Southern Mississippi, competed for and received travel expenses as part of the men's basketball team during 20##-## 20##-## the and seasons. [NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 10.1-(g), 14.01.1, 14.01.2, 14.11.1 and 16.8.1 (2012-13); and 14.10.1 (2013-14)] S Student Athlete F

b.

20##

In the summer of

then men's basketball prospective student-athlete JUCO 2 from , a two-year college, was enrolled in three online courses at Adams State: (1) ENG 101 Communication Arts I; (2) ENG 102 Communication Arts II; and (3) Former MBB Former MBB Staff MATH 104 Finite Mathematics. Member 2 and Staff Member 1 knowingly and impermissibly completed work in these courses for StudentBAthlete at the direction Former MBB of This amounted to fraudulent academic credit and resulted in HC inaccurate information being provided to the admissions office at Southern Student Athlete Mississippi regarding academic record, which was used by the B 20##-## institution to certify his transfer eligibility for the academic year. Student subsequently enrolled at Southern Mississippi, competed for and Athlete B received travel expenses as part of the men's basketball team during the 20##-## 20##-## and seasons. [NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 10.1-(g), 14.01.1, 14.01.2, 14.11.1 and 16.8.1 (2012-13); and 14.10.1 (2013-14)] Student Athlete B

c.

In the spring of

20##

then men's basketball prospective student-athlete JUCO 3 from , a two-year college, was enrolled in three online courses at Adams State: (1) ENG 101 Communication Arts I; (2) ENG 102 Communication Arts II; and (3) Former MBB Staff MATH 104 Finite Mathematics. Member 2 and knowingly and impermissibly completed work in these courses for at the direction Former MBB of and through the involvement of a then assistant men's HC Student basketball coach, amounting to fraudulent academic credit. Athlete C Date of Committment committed to Southern Mississippi in but never enrolled at the university. [NCAA Bylaws 10.01.1 10.1, and 10.1-(b) (2012-13)] Student Athlete C


Student Athlete C

d.

In the spring of

20##

then men's basketball prospective student-athlete JUCO 4 from ,a two-year college, was enrolled in four online courses at Adams State: (1) AR 103 Art Appreciation; (2) BUS 207 Principles of Accounting I; (3) HIST 202 American History to 1865; and (4) SOC 251 Social Problems. Former MBB Staff Member 2 and knowingly and impermissibly completed work in these Student Former MBB courses for Athlete D at the direction of HC and through the involvement of Former MBB , amounting to fraudulent academic credit. subsequently Asst. 2 Student Athlete D


Student Athlete D

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 3 __________

enrolled at Southern Mississippi, competed for and received travel 20##-## expenses as part of the men's basketball team during the season; however, these credits were not accepted by the institution as transferable credit hours, nor were they used to certify eligibility. [NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 14.01.1., 14.01.2, 14.11.1 and 16.8.1 (2012-13); and 14.10.1 (2013-14)] 20##

e.

In the spring and summer of then men's basketball prospective Student Athlete E JUCO 5 student-athlete from ,a two-year college, was enrolled in four online courses at Adams State: (1) ENG 203 Major Theses in Literature; (2) PSYC 101 Introduction to Psychology; (3) MATH Former 104MBBFinite Mathematics; and (4) MATH 155 Staff Member 1 Integrated Mathematics. knowingly and impermissibly completed Student Former MBB coursework for Athlete E at the direction of and through the HC Former MBB Former MBB Former MBB Asst. Staff Member 1 involvement of Asst. 3 . In addition, an associate of and 3 Student also completed coursework for Athlete E This amounted to fraudulent academic credit and resulted in inaccurate information being provided to Student the admissions office at Southern Mississippi regarding Athlete E academic record, which was used by the institution to certify his transfer eligibility 20##-## Student for the academic year. Athlete E subsequently enrolled at Southern Mississippi, competed for and received travel expenses as part of the 20##-## 20##-## men's basketball team during the and seasons. [NCAA Bylaws 10.01.1, 10.1, 10.1-b, 10.1-(g), 14.01.1, 14.01.2, 14.10.1 and 16.8.1 (2013-14); and 12.11.1 (2014-15)]

f.

In the fall of

20##

then men's basketball prospective student-athlete JUCO 1 from , a two-year college, was enrolled in two online courses at Adams State: (1) ENG 101 Former MBB Communication Arts I and (2) ENG 102 Communication Arts II. HC paid for the registration of these courses with prepaid debit cards that were Former MBB Staff Member 2 purchased at a CVS pharmacy store in New York. knowingly and Student Former MBB impermissibly completed coursework for Athlete F at the direction of HC and through the involvement of a then assistant men's basketball coach. This amounted to fraudulent academic credit and resulted in inaccurate information being provided to the admissions office at Southern Student Mississippi regarding Athlete F academic record, which was used by the 20##-## institution to certify his transfer eligibility for the academic year. Student subsequently enrolled at Southern Mississippi for the second Athlete F 20##-## semester of the academic year. [NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 10.1-(c), 10.1-(g) and 13.2.1 (2013-14)] Student Athlete F


g.

20##

20##

In the fall of and the spring of then men's basketball JUCO 5 Student Athlete G prospective student-athlete from , a two-year college, was enrolled in two online courses at Adams State: (1) MATHFormer 104 Finite Mathematics and (2) MATH 155 MBB Integrated Mathematics. Staff Member 1 knowingly and impermissibly completed Student Former MBB coursework for Athlete G at the direction of and through the HC Former MBB involvement of Asst. 3 This amounted to fraudulent academic credit and resulted in inaccurate information being provided to the admissions office Student at Southern Mississippi regarding Athlete G academic record, which was 20##-## used by the institution to certify his transfer eligibility for the Student academic year. Athlete G subsequently enrolled at Southern Mississippi, competed for and received travel expenses as part of the men's basketball 20##-## team during the season. [NCAA Bylaws 10.01.1, 10.1, 10.1-(b), 10.1-(g), 14.01.1, 14.01.2, 14.10.1 and 16.8.1 (2013-14); and 12.11.1 (2014-15)]

This allegation serves as part of the basis for the head coach responsibility allegation in Allegation No. 7. Level of Allegation No. 1: The NCAA enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could conclude that Allegation No. 1 is a severe breach of conduct (Level I) because the alleged conduct seriously undermines or threatens the integrity of the NCAA Collegiate Model, as members of the institution's men's basketball staff engaged in academic misconduct for prospects who were recruited, some of whom later enrolled at their institution as studentathletes. Further, Allegation No. 1 provided or was intended to provide a substantial or extensive recruiting or competitive advantage, as otherwise ineligible student-athletes would have been or were able to enroll at and compete for the institution. Finally, academic misconduct and unethical conduct are presumptively regarded as a Level I violation. [NCAA Bylaw 19.1.1 (2014-15)] Factual information (FI) on which the enforcement staff relies for Allegation No. 1: FI1:

20##

20##

May 7, through June 11,Student – Metadata for coursework submitted to Adams State on behalf of Athlete E in PSYC 101. This includes, but is not Online Name limited to, the name " " appearing as the author or modifier of Online Name 16 assignments. The name " " has been associated with Non-NCAA Affiliated Person Non-NCAA through Internet research. Affiliated Person was Former MBB identified by Asst. 3 in his January 26, 2015, interview as a friend of his


and ( FI2:

Psyc101

Non-NCAA Affiliated Person

_051415_SouthernMiss_00319)

20##

Student Athlete G Student Athlete B

Math104Assign2-7_051415_SouthernMiss_00319) 20##

June 23 through July 5, – Coursework submitted to Adams State on Student Athlete A behalf of in MATH 104. This includes, but is not limited to, seven assignments with handwriting that a forensic document examiner determined as "probable" that the same person produced the same Student Athlete Student Student handwriting on assignments submitted for B Athlete E Athlete C and (

FI4:

Athlete E

NCAA Institution 1

from

June 8 through July 5, – Coursework submitted to Adams State on Student behalf of Athlete B in MATH 104. This includes, but is not limited to, six assignments with handwriting that a forensic document examiner determined as "probable" that the same person produced the same Student Athlete A Student Student handwriting on assignments submitted for Athlete E Athlete C and (

FI3:


Student Athlete G Student Athlete A

Math104Assign1-7_052015_SouthernMiss_00319) 20##

August 8 through 10, – Metadata for coursework submitted to Student Athlete B Adams State on behalf of in ENG 101. This includes, but is not limited to, the name appearing as the author of six assignments. Student Athlete B ( 052215_SouthernMiss_00319) Former MBB Staff Member 1

FI5:

20##

August 8 through 12, – Metadata for coursework submitted to Student Adams State on behalf of Athlete B in ENG 102. This includes, but is not limited to, the name appearing as the author of three assignments. Student Athlete ( B ENG102 _052215_SouthernMiss_00319) Former MBB Staff Member 1

Former MBB Staff Membe 1

FI6:

August 12 through 16, Adams State on behalf of not limited to, the name " assignments. Student Athlete A ( Eng102

20##

– Metadata for coursework submitted to in ENG 102. This includes, but is Former MBB Staff Member " appearing as the author of six 2 Student Athlete A


FI7:

20##

_051415_SouthernMiss_00319) Student Athlete

August 16, – Adams State academic transcript for This B Student Athlete includes, but is not limited to, enrollment in nine total credit B 20## hours, consisting of ENG 101, ENG 102 and MATH 104, during the summer semester. Student Athlete ( B USMAcademicFile_110514_SouthernMiss_00319)

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 6 __________ 20##

Student Athlete A

FI8:

August 17, – Adams State academic transcript for Student Athlete A This includes, but is not limited to, enrollment in nine total 20## credit hours, consisting of ENG 101 and ENG 102, during the spring 20## semester and MATH 104 during the summer semester. Student Athlete A ( USMAcademicFile_110514_SouthernMiss_00319)

FI9:

November 14, through May 8, – Metadata for coursework submitted to Adams State on behalf of in ENG 101. This includes, Former Staff but is not limited to, the name MBB appearing as the author or modifier of Member 1 nine assignments. Student ( Athlete C Eng10 _051415_SouthernMiss_00319)

20##

20##



20##

FI10: April 2 through 16, Coursework submitted to Adams State on behalf Student of Athlete C in MATH 104. This includes, but is not limited to, seven assignments with handwriting that a forensic document examiner determined as "probable" that the same person produced the same Student Athlete A Student Athlete Student handwriting on assignments submitted for B Athlete E Student and Athlete G Stu ( Athlete C Math104Final_SouthernMiss_00319 and Student Athlete C Math104Assign1-7_051415_SouthernMiss_00319) 20##

FI11: April 15 through May 13, – Metadata for coursework submitted to Student Adams State on behalf of Athlete C in ENG 102. This includes, but is not limited to, the name " Former MBB2Staff Member " appearing as the author of 11 assignments. Student ( Athlete C Eng102 _051415_SouthernMiss_00319) Former MBB Staff Member 2

20##

FI12: May 3 through 17, – IP addresses for coursework submissions to Adams State on behalf of This includes, but is not limited to, five Former MBB Staff Member 1 Hometown submissions in SOC 251 that include IP address locationsFormer of MBB Staff City, State of JUCO 4 , and . is from Member 1 Hometown and Former MBB Asst. 1 according to , then assistant men's basketball City of JUCO 4 coach, in his March 27, 2015, interview, was in at the time those submissions were made for Student Athlete D ( SubmissionDates_102214_SouthernMiss_00319) Student Athlete D



Student Athlete D

20##

FI13: May 8, – IP addresses for coursework submissions to Adams State Student on behalf of Athlete C This includes, but is not limited to, one submission in ENG 101 that includes an IP address location of Hattiesburg, Mississippi. Student ( Athlete C Eng101-final_SouthernMiss_00319)


FI14: May 12 through 14,Student – Metadata for coursework submitted to Adams Athlete D State on behalf of in BUS 207. This includes, but is not limited to, the name appearing as the author of 10 assignments. ( Bus207 051415_SouthernMiss_00319) Former MBB Staff Member 1


Student Athlete D

20##

FI15: May 12 through 14, – IP addresses for coursework submissions to Adams State on behalf of This includes, but is not limited to, four City, State of submissions in BUS 207 that include IP address locationsFormerofMBB Staff JUCO 3 City of JUCO 4 , and . This corresponds to the dates that Member 2 was City of City of JUCO 4 Former MBB in JUCO 3 and was in , as reported by Asst. 1 in his March Former MBB Staff 27, 2015, interview. Member 2 also confirmed in his June 24, 2015, Former MBB City of 20## interview that he was with Asst. 1 in JUCO 3 in May Student Athlete D ( SubmissionDates_102214_SouthernMiss_00319) Student Athlete D


20##

FI16: May 13 through 23, – Metadata for coursework submitted to Adams Student Athlete D in AR 103. This includes, but is not limited to, the State on behalf of Former MBB Staff Member 2 name " " appearing as the author of 13 assignments. Former MBB Staff ( Ar103 Member 2 _051415_SouthernMiss_00319) Student Athlete D

20##

FI17: May 13 through 23, – IP addresses for coursework submissions to Adams State on behalf of This includes, but is not limited to, 20 City, State of submissions in AR 103 that include IPFormer address locations of JUCO 3 MBB Staff Member 1 Hometown ; Hattiesburg, Mississippi; ; and . The dates of the IP address information for JUCO Former and 3 MBB Staff City of JUCO 4 Former MBB Member 2 correspondFormer to MBB the dates on which Asst. 1 reportedFormer that MBB City of JUCO 4 City of JUCO Staff Member Staff Member 1 was in and was in . In addition, is from 3 1 Former MBB Staff Member 1 Hometown which is located near Student AthleteFo D ( SubmissionDates_102214_SouthernMiss_00319) Student Athlete D

Large City Near Former MBB Staff Member 1 Hometown

20##

FI18: May 14 through June 11, – IP addresses for coursework submissions Student to Adams State on behalf of Athlete E This includes, but is not limited to, 31 submissions in PSYC 101 that include an IP address location of Kingston, Student State of Non-NCAA Jamaica, while Athlete E was still in JUCO 5 . Affiliated Person is from Kingston. Student ( Athlete E SubmissionDates_111014_SouthernMiss_00319) 20##

FI19: May 16, – Metadata for coursework submitted to Adams State on behalf of in SOC 251. This includes, but is not limited to, the name appearing as the modifier of one assignment. ( Soc25 051415_SouthernMiss_00319) Athlete D



Athlete D

Student Athlete D

20##

FI20: May 29, – Adams State academic transcript for This includes, but is not limited to, enrollment in 12 total credit hours, consisting Student Athlete D


of AR 103, BUS 207, HIST 202 and SOC 251 during the semester. ( USMAcademicFile_110514_SouthernMiss_00319)

20##

summer

Student Athlete D

20##

FI21: June 12 through July 3, Student– Metadata for coursework submitted to Adams State on behalf of Athlete E in ENG 203. This includes, but is not Online Name limited to, the name " " appearing as the author of five assignments. Student Non-NCAA Affiliated Person ( Athlete E Eng203 _051415_SouthernMiss_00319) 20##

FI22: June 17 through July 4, – IP addresses for coursework submissions Student to Adams State on behalf of Athlete E This includes, but is not limited to, six submissions in ENG 203 that include locations of Kingston, Jamaica, and Former MBB Staff Student State of Non-NCAA Member 1 Hometown , while Former Athlete E was still in JUCO 5 Affiliated Person is from Kingston, MBB Staff and is from Member 1 Hometown . Student ( Athlete E SubmissionDates_111014_SouthernMiss_00319) Former MBB Staff Member 1

20##

FI23: July 10 and 11, – Coursework submitted to Adams State on behalf of Student in MATH 104. This includes, but is not limited to, six assignments Athlete E with handwriting that a forensic document examiner determined as "probable" that the same person produced the same handwriting on Student Athlete A Student Athlete Student Student assignments submitted for B Athlete C and Athlete G Student ( Athlete E Math104Assign1-6_051415_SouthernMiss_00319) 20##

FI24: July 10 and 11, – IP addresses for coursework submissions to Adams Student State on behalf of Athlete E This includes, but is not limited to, seven submissions in MATH 104 that include a location of , while Student was still in . is from . Athlete E Student ( Athlete E SubmissionDates_111014_SouthernMiss_00319) Member Former MBB Staff Member 1 Hometown

State of JUCO 5


Former MBB Staff Member 1 Hometown

1 20##

FI25: July 17 and 18, – Metadata for coursework submitted to Adams State Student on behalf of Athlete E in MATH 155. This includes, but is not limited to, the name appearing as the modifier of one assignment. The properties of this document are similar to those of the same assignment submitted on Student behalf of Athlete G in MATH 155 nearly a year later. Student ( Athlete E Math15 051415_SouthernMiss_00319 and Student Athlete Math15 051415_SouthernMiss_00319) G Former MBB Staff Member 1

Former MBB Staff Member 1 Former MBB Staff Member 1

20##

FI26: July 18 through 22, – Coursework submitted to Adams State on Student behalf of Athlete E in MATH 155. This includes, but is not limited to, six assignments with handwriting that a forensic document examiner determined as "probable" that the same person produced the same

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 9 __________ Student Athlete A

handwriting on assignments submitted for Student and Athlete G ( Math155Assign1-6_051415_SouthernMiss_00319) 20##

Student Athlete B

Student Athlete C

Student

FI27: August 20, – Adams State academic transcript for Athlete E This Student includes, but is not limited to, Athlete E enrollment in 12 total credit hours, 20## consisting of ENG 203 and PSYC 101 during the spring semester 20## and MATH 104 and MATH 155 during the summer semester. Student ( Athlete E USMAcademicFile_110514_SouthernMiss_00319) 20##

FI28: September 17, – CVS receipts. This includes, but is not limited to, receipts for the purchase of four Vanilla Visa prepaid debit cards in the amount of $500 each. Former MBB ( Asst. 1 Receipts_032715_SouthernMiss_00319) 20##

FI29: October 4 through November 20, – Metadata for coursework Student Athlete F submitted to Adams State on behalf of in ENG 101. This includes, Former MBB Staff Member 2 but is not limited to, the name " " appearing as the author of 47 assignments. Former MBB Student ( Athlete F Eng101 Staff Member 2 _051415_SouthernMiss_00319) 20##

FI30: October 4 through November 20, – IP addresses for coursework Student submissions to Adams State on behalf of Athlete F This includes, but is not limited to, 46 submissions in ENG 101 that include a location of Student State of Hattiesburg, Mississippi, while Athlete F was still in JUCO 1 Student (Athlete F SubmissionDates_111014_SouthernMiss_00319) 20##

FI31: November 20 through December 2, Student – Metadata for coursework submitted to Adams State on behalf of Athlete F in ENG 102. This includes, Former MBB Staff Member 2 but is not limited to, the name " " appearing as the author of 28 assignments. Student ( Athlete F Eng102 _051415_SouthernMiss_00319) Former MBB Staff Member 2

20##

FI32: November 20 through December 2, – IP addresses for coursework Student submissions to Adams State on behalf of Athlete F This includes, but is not limited to, 29 submissions in ENG 102 that include locations of Student Hattiesburg, Mississippi, and Louisville, Kentucky, while Athlete F was still State of in JUCO 1 . Student ( Athlete FSubmissionDates_111014_SouthernMiss_00319)


Student

FI33: December 16, – Adams State academic transcript for Athlete F This Student includes, but is not limited to, Athlete F enrollment in six total credit hours, 20## consisting of ENG 101 and ENG 102 during the fall semester. Student ( Athlete F USMAcademicFile_112614_SouthernMiss_00319) FI34: April 5 through 16, 2014 – Coursework submitted to Adams State on Student behalf of Athlete G in MATH 155. This includes, but is not limited to, six assignments with handwriting that a forensic document examiner determined as "probable" that the same person produced the same Student Athlete A Student Athlete Student handwriting on assignments submitted for B Athlete E Student and Athlete C Student Athlete ( G Math155Assign1-6_051415_SouthernMiss_00319) 20##

FI35: April 5 through May 15, – IP addresses for coursework submissions Student to Adams State on behalf of Athlete G This includes, but is not limited to, seven submissions in MATH 155 that include locations of Hattiesburg, State of Student Mississippi, and City, State of NCAA Institution 2 , while Athlete G was still in JUCO 5 . NCAA Institution 2 Former MBB HC joined staff at 20## in late April ( Athlete G SubmissionDates_111014_SouthernMiss_00319) Former MBB Staff Member 1

20##

20##

FI36: July 17, through May 15, – Metadata for coursework Student submitted to Adams State on behalf of Athlete G in MATH 155. This includes, but is not limited to, the name appearing as the modifier of one assignment. The properties of this document are similar to those on Student the same assignment submitted on behalf of Athlete E for the same course nearly a year earlier. Student Athlete ( G Math155 051415_SouthernMiss_00319 and 051415_SouthernMiss_00319) Athlete E Math15 Former MBB Staff Member 1

Former MBB Staff Member 1 Former MBB Staff Member 1

20##

Student

FI37: June 13, – Adams State academic transcript for Athlete G This Student includes, but is not limited to, Athlete G enrollment in six total credit hours, 20## consisting of MATH 104 and MATH 155 during the fall semester 20## and the spring semester, respectively. Student Athlete ( G USMAcademicFile_110514_SouthernMiss_00319) Student Athlete D

FI38: August 27, 2014 – Transcript of first interview. This includes, but is not limited to, statement that he completed the work for the online courses at Adams State. ( _TR_082714_SouthernMiss_00319) Student Athlete D

Student Athlete D

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 11 __________ Student Athlete D

FI39: August 27, 2014 – Interview summary of the portions of first interview not recorded due to a recorder malfunction, as well as a summary of what and the enforcement staff discussed as the parties waited for limited immunity to be approved. This also includes a summary of the enforcement staff's efforts to allow an opportunity to review this interview summary. ( _INotes_082714_SouthernMiss_00319 and Student Athlete D _IS_070715_SouthernMiss_00319) Student Athlete D

Student Athlete D

Student Athlete D

Student Athlete D

FI40: August 28, 2014 – Transcript of second interview. This includes, but is not limited to, statement that he did not register, pay for or complete any of the coursework in the Adams State classes. Student Athlete D ( _TR_082814_SouthernMiss_00319) Student Athlete D

Student

FI41: October 31, 2014 – Transcript of Athlete E first interview. This includes, but Student is not limited to, Athlete E statement that he completed the work for the online courses at Adams State. Student ( Athlete E _TR_103114_SouthernMiss_00319) Student

FI42: October 31, 2014 – Transcript of Athlete G first interview. This includes, Student but is not limited to, Athlete G statement that he completed the work for the MATH 155 online course at Adams State. Student Athlete ( G _TR_103114_SouthernMiss_00319) FI43: November 5, 2014 – Southern Mississippi academic transcript for Student Athlete A This includes, but is not limited to, the application of nine transferable credit hours from Adams State toward the Southern Student Athlete A's Major Mississippi program. Student Athlete A ( USMAcademicFile_110514_SouthernMiss_00319) Student Athlete

FI44: November 5, 2014 – Southern Mississippi academic transcript for B This includes, but is not limited to, the application of nine transferable creditStudenthours from Adams State toward the Southern Mississippi Athlete B's Major program. Student ( Athlete B USMAcademicFile_110514_SouthernMiss_00319) Student

FI45: November 5, 2014 – Southern Mississippi academic transcript for Athlete E This includes, but is not limited to, the application of twelve transferable creditStudenthours from Adams State toward the Southern Mississippi Athlete E's Major Former MBB Staff Member program. Student ( Athlete USMAcademicFile_110514_SouthernMiss_00319) E

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 12 __________ Student

FI46: November 5, 2014 – Southern Mississippi academic transcript for Athlete G This includes, but is not limited to, the application of three transferable creditStudent hours from Adams State toward the Southern Mississippi Athlete G's Major program. Student ( Athlete USMAcademicFile_110514_SouthernMiss_00319) G Former MBB

FI47: November 6, 2014 – Transcript of Staff Member 2 first interview. This includes, but is not limited to, statement that he completed coursework for Student both and Athlete F online classes at Adams State. Former MBB Staff ( Member 2 _TR_110614_SouthernMiss_00319) Former MBB Staff Member 2

Student Athlete D

Former MBB HC

FI48: November 18, 2014 – Transcript of first interview. This Former MBB HC includes but is not limited to statement that he was not aware of or involved in academic misconduct related to prospective studentathletes. Former MBB HC ( _TR_111814_SouthernMiss_00319) Former MBB

FI49: November 18, 2014 – Transcript of first interview. This Asst. 1 Former MBB includes, but is not limited to, statement that he was not Asst. 1 involved in NCAA violations. Former MBB ( Asst. 1 _TR_111814_SouthernMiss_00319) Student

FI50: November 19, 2014 – Transcript of Athlete F first interview. This includes, Student but is not limited to, Athlete F statement that he did not register, pay for or complete any of the coursework in his Adams State and University of North Dakota online courses. Student ( Athlete F _TR_111914_SouthernMiss_00319) Former MBB

FI51: November 24, 2014 – Transcript of second interview. This Asst. 1 Former MBB includes, but is not limited to, statement that he was not Asst. 1 involved in NCAA violations. Former MBB ( Asst. 1 _TR_112414_SouthernMiss_00319) Student

FI52: December 4, 2014 – Southern Mississippi academic transcript for Athlete F This includes, but is not limited to, the application of six transferable Student Athlete F's Major credit hours from Adams State toward at Southern Mississippi. Student ( Athlete F USMAcademicFile_112614_SouthernMiss_00319) Student Athlete A

FI53: December 2014 and February 2015 – Telephone calls to Student Athlete A from the institution in which denied requests to interview. (InterviewStatusChart_022715_SouthernMiss_00319)


FI54: December 2014 and February 2015 – Telephone calls to Athlete B from the Student Athlete institution. parents stated in December 2014 that he was playing B basketball and was unavailable. The institution received no response in the follow-up call requesting an interview in February 2015. (InterviewStatusChart_022715_SouthernMiss_00319) Former MBB Asst. 3

FI55: January 26, 2015 – Transcript of second interview. This Former MBB Asst. includes, but is not limited to, discussion of the relationship 3 NCAA Institution 1 Non-NCAA between him, and Affiliated . Person and their connection to Former MBB Asst. ( _TR_012615_SouthernMiss_00319_DRAFT) 3 Former MBB Staff Member 1

Student

FI56: January 26, 2015 – Transcript of Athlete E second interview. This includes, Student but is not limited to, Athlete E statement that he completed all coursework State of JUCO 5 for Adams State courses while he was in Student ( Athlete E TR_012615_SouthernMiss_00319) Student

FI57: January 26, 2015 – Transcript of Athlete G second interview. This includes, but is not limited to, StudentGAthlete statement that he completed all coursework State of for Adams State courses from JUCO 5 . Student Athlete ( _TR_012615_SouthernMiss_00319) G FI58: September 2014 through March 2015 – In September 2014, the enforcement staff requested an interview and Former MBB Asst. 2 declined. In Former MBB Asst. November 2014, the enforcement staff informed that serious 2 Asst. allegations had been alleged against him and again, Former MBB declined to 2 interview. In December 2014 and March 2015, the enforcement staff sent Former MBB Asst. Former MBB Asst. letters to requesting interviews. did not respond. 2 2 (InterviewStatusChart_022715_SouthernMiss_00319) ( Former MBB Asst. 2 CO_121014_SouthernMiss_00319) ( Former MBB Asst. 2 CO_InterviewRequest_030315_SouthernMiss_00319) FI59: November 2014 through April 2015 – On November 17, 2014, the NCAA Institution 2 enforcement staff had a scheduled interview with at . NCAA Institution 2 resigned his position on the staff three days prior to his November 17, 2014, scheduled interview with the enforcement staff. In January and March 2015, letters were sent by the enforcement staff to requesting interviews. In March 2015, an attorney representing advised the enforcement staff that declined to interview with the enforcement staff. (InterviewStatusChart_022715_SouthernMiss_00319; CO_InterviewRequest_010514_SouthernMiss_00319; and CO_InterviewRequest_030315_SouthernMiss_00319) Former MBB Staff Member 1

Attorney for Former MBB Staff Member 1








Student

FI60: May and June 2015 – The enforcement staff made calls to Athlete C Student requesting an interview. Athlete C did not return enforcement staff calls. (InterviewStatusChart_022715_SouthernMiss_00319) Non-NCAA

FI61: February 2015 – The enforcement staff made calls to Affiliated Person requesting Non-NCAA interviews. Affiliated Person did not return enforcement staff calls. (InterviewStatusChart_022715_SouthernMiss_00319) Former MBB HC

FI62: March 16, 2015 – Transcript of second interview. This includes Former MBB HC but is not limited to, statement that he was not aware of or involved in academic misconduct related to prospective student-athletes. Former MBB HC ( _TR_031615_SouthernMiss_00319) Former MBB

FI63: March 27, 2015 – Transcript of Asst. 1 third interview This includes Former MBB Former MBB Former MBB Staff Member 2 and but is not limited to, Asst. 1 statement that HC hired o Former MBB for the purpose of engaging in academic misconduct. Jf Asst. 1 further Former MBB Staff Former MBB stated that would send Member 2 and to the locales of HC O prospective student-athletes to complete coursework so that IP address information would make it appear as though the prospects had completed Former MBB m he took with the work themselves. Specifically, Asst. 1 identified a trip Former MBB Staff Former MBB Staff City, State of JUCO 3 Member 2 Member 2 to , in May for to complete work Student State of JUCO 4 for Athlete C while traveled to to completeCity,work for State of JUCO 5 Former MBB also described another trip he took with to , in Asst. 1 20## Studen Former MBB July for to complete work for stated that he Athlete E Asst. 1 Former MBB Former Student Staff Member 2 MBB Staff was also aware of completing coursework for Athlete F and of Member 1 Student completing coursework for Athlete G Former MBB ( Asst. 1 _TR_032715_SouthernMiss_00319) Former MBB Staff Member 1


Student Athlete D




Former MBB HC

FI64: May 12, 2015 – Transcript of third interview. This includes, but Former MBB HC is not limited to, statement that he was not aware of or involved in academic misconduct related to prospective student-athletes. Former MBB HC ( _TR_031615_SouthernMiss_00319) Online Name

FI65: May 15, 2015 – Internet research for " ". This includes, but is Online Name not limited to, the identification of " " as an online alias of Non-NCAA Affiliated Person . Non-NCAA Affiliated Person ( _051515_SouthernMiss_00319) Former MBB Staff Member 2

FI66: June 24, 2015 – Transcript of second interview. This includes, but is not limited to, statement that he also completed Former MBB Student Athlete A Student Staff Member 2 stated that he completed coursework for Athlete C and Former MBB Staff Member 2


Former MBB

work for Athlete C at the request of Asst. 1 but could not recall who Student Athlete A requested that he do the work for Former MBB Staff ( Member 2 _TR_062415_SouthernMiss_00319_DRAFT) FI67: June 29, 2015 – Forensic handwriting analysis of Lee Ann Harmless (Harmless), forensic document examiner. This includes, but is not limited to, Harmless' conclusion that it is probable the assignments submitted in Student Athlete A Student Athlete Student the Adams State math courses on behalf of B Athlete E Student Student Athlete C and Athlete G contained material from the same writer. (LHarmlessReport_062915_SouthernMiss_00319) FI68: May 27, 2015 – Curriculum vitae of Harmless. This includes, but is not limited to, Harmless' education and experience as a forensic document examiner. (HarmlessResume_HandwritingExpert_SouthernMiss_00319) JUCO 5 MBB HC

FI69: February 16, 2015 – Transcript of interview with , head men's JUCO 5 basketball coach at the . This includes, but is not JUCO 5 Former MBB Student limited to, MBB HC statement that recruited both Athlete E and Asst. 3 (

Student Athlete G JUCO 5 MBB HC

TR_021615_SouthernMiss_00319) Employee at JUCO 5

FI70: February 16, 2015 – Transcript of interview with ), an JUCO 5 academic advisor at the . This includes, but is Employee Former MBB not limited to, at JUCO 5 statement that she spoke with Asst. 3 regularly in Student Former MBB the course of his recruitment of Athlete E that Asst. 3 worked with her to Student Former MBB identify courses for Athlete E at Adams State, that Asst. 3 told her he would Student work with Athlete E on his academics and that everything was under control. Former MBB further stated that she worked with Asst. 3 during his recruitment of Student Athlete G to identify online courses that would satisfy requirements at the JUCO 5 . Employee (at JUCO 5 _TR_021615_SouthernMiss_00319) Employee at JUCO 5

The enforcement staff incorporates the factual information referenced throughout this document and all other documents posted on the secure website. 2.

[NCAA Bylaws 10.1, 10.1-(c), 14.01.1, 14.3.2.1.1, 15.01.2, 15.01.3, 15.02.4 and 16.8.1 (2012-13 through 2014-15); 14.10.1 (2013-14); and 12.11.1 (2014-15)] Former MBB

It is alleged that during the 2012-13 through 2014-15 academic years, HC , then head men's basketball coach, violated the NCAA principles of ethical conduct and financial aid legislation when he provided an


impermissible source of financial aid to nonqualifier men's basketball studentStudent Athlete H Student Athlete I athletes and . Additionally, both student-athletes later competed for and received travel expenses from the institution and were not withheld from competition for their ineligibility. Specifically: a.

Former MBB HC

provided cash and prepaid cards that totaled approximately $6,000 20##-## to during the academic year. These benefits were applied Student Athlete H to student account at the institution to partially pay for his year of residence expenses associated with tuition and room and board. The Student next academic year, Athlete H competed for and received travel expenses from the institution. [NCAA Bylaws 10.1, 10.1-(c), 14.01.1, 14.3.2.1.1, 14.10.1, 15.01.2, 15.01.3, 15.02.4 and 16.8.1 (2013-14)] Student Athlete H

b.

Former MBB HC Student Athlete I

provided prepaid cards that totaled approximately $2,000 to 20##-## during the academic year. These benefits were Student Athlete I applied to student account at the institution to partially pay for his year of residence expenses associated with tuition and room and Student Athlete I board. The next academic year, competed for and received travel expenses from the institution. [NCAA Bylaws 10.1, 10.1-(c), 14.01.1, 14.3.2.1.1, 15.01.2, 15.01.3, 15.02.4 and 16.8.1 (2013-14); 12.11.1 (2014-15)]

This allegation serves as part of the basis for the head coach responsibility allegation in Allegation No. 7. Level of Allegation No. 2: The NCAA enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 2 is a severe breach of conduct (Level I) because this alleged conduct seriously undermines or threatens the integrity of the NCAA Collegiate Model, as the head men's basketball coach engaged in unethical conduct through his involvement in providing an impermissible source of financial aid for two nonqualifier studentathletes from his own funds. In the alternative, if a hearing panel determines that Former MBB the funds HC provided were not his own but still impermissible sources of funds, the enforcement staff believes Allegation No. 2 provided, or was intended to provide, a substantial or extensive competitive advantage, as two nonqualifying student-athletes received impermissible sources of financial aid in their year of residency and later competed for the institution. [NCAA Bylaw 19.1.1 (2014-15)]

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 17 __________ Factual information (FI) on which the enforcement staff relies for Allegation No. 2: Former MBB

FI71: June 18, 2012 – Compliance notes provided by from men's HC basketball staff meetings held in 2012 and 2013. This includes, but is not Former USM Compliance limited to, a note from the June 18, 2012, meeting that , former associate athletic director for compliance, student services, provided the interpretation regarding nonqualifiers, "A non-qualifier or a walk-on can have their academic expenses paid for by a parent, guardian, and/or former HS/Prep School Coach. If the coach and the player have the relationship where he has provided needed support for him in the past, like in absence of a parent or guardian, the coach can provide needed support. HOWEVER, IT CAN'T BE PAID FOR BY AN AAU COACH." Former MBB ( HC ComplianceNotes_121514_SouthernMiss_00319) Student Athlete H

FI72: October 17, 2014 – account statement. This includes, but is not Student Athlete H limited to, payments to account during his academic year of 20## residence totaling $6,314.14 as follows: $497 November 1, $1,000 20## 20## 20## December 7, $920 December 20, $900 January 4, 20## 20## $688.66 January 11, and $2,308.48 April 30, Student Athlete H ( AccountStatement_110514_SouthernMiss_00318) Student Athlete I

FI73: October 17, 2014 – account statement. This includes, but is Student Athlete I not limited to, payments to account during his academic year 20## of residence totaling $2,198.25 as follows: $966 October 28, $901 20## 20## November 27, and $331.25 April 1, Student Athlete I ( AccountStatement_110514_SouthernMiss_00318) Former MBB HC

FI74: October 25, 2014 – phone records for his personal cell phone. Student This includes, but is not limited to, 11 text messages with Athlete H's Student Athlete H HS HC , high school boys' basketball coach. Former MBB HC 6062075105_042215_SouthernMiss_00319) Former MBB HC

FI75: October 28, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, four phone calls Student Athlete H's with including calls lasting three minutes and 18 minutes, and HS HC Student Athlete I's HS HC 12 calls with , then assistant men's NCAA Institution 3 basketball coach at , including calls lasting two minutes and three minutes. Former MBB HC ( 8594571915_042215_SouthernMiss_00319)

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 18 __________ Former MBB HC

FI76: October 28, 2014 – phone records for his personal cell phone. This includes, but is not limited to, 10 text messages and two phone calls Student Athlete I's with including one call lasting 10 minutes. HS HC Former MBB HC ( 6062075105_042215_SouthernMiss_00319) Former MBB HC

FI77: October 29, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, six phone calls with Student Athlete H's including calls lasting two minutes, six minutes and eight HS HC Student Athlete I's minutes, and seven calls with including two calls lasting three HS HC minutes and four minutes each and one call lasting 10 minutes. Former MBB HC ( 8594571915_042215_SouthernMiss_00319) Former USM

FI78: October 29, 2014 – Compliance cell phone records. This includes, but is not Former MBB limited to, one phon with HC lasting 15 minutes and one phone MBB Staff Member Former MBB Staff Member 3 call with former , lasting seven minutes. Former ( USM PhoneRecords_031115_SouthernMiss_00319) Complianc Former MBB HC

FI79: October 30, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, 13 phone calls with Student Athlete H's including calls lasting three minutes and five minutes, and one HS HC Student Athlete I's call with lasting eight minutes. HS HC Former MBB HC ( 8594571915_042215_SouthernMiss_00319) Student Athlete H

FI80: October 30, 2014 – Transcript of interview. This includes, but is Student Athlete H not limited to, statements that he received cash and prepaid debit cards through the men's basketball office to make payments on his student account at The University of Southern Mississippi (Southern MBB Staff Member Mississippi) and that a accompanied him to the business office to ensure the funds were used to pay the balance on his account. Student Athlete H ( _TR_103014_SouthernMiss_00319) Student Athlete I

FI81: October 30, 2014 – Transcript of interview. This includes, Student Athlete I but is not limited to, statement that he received prepaid debit cards through the men's basketball office to make payments on his student account at Southern Mississippi. Student Athlete I ( _TR_103014_SouthernMiss_00319) Former MBB HC

FI82: October 31, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, eight phone calls Student Athlete H's with including calls lasting five minutes, six minutes and 10 HS HC minutes. Former MBB HC ( 8594571915_042215_SouthernMiss_00319)


FI83: October 31, 2014 – Word document containing Southern Mississippi men's basketball staff meeting notes from May 2012 through June 2013. This includes, but is not limited to, metadata indicating the document Former including the interpretation from was created by MBB Staff October 31, Member 3 2014, and modified November 7, 2014. uneNotes_031715_SouthernMiss_00319) Former USM Compliance


Former MBB HC

FI84: November 1, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, one call with Student Athlete I's HS HC Former MBB HC

(

8594571915_042215_SouthernMiss_00319) Former MBB HC

FI85: November 2, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, two phone calls Student Athlete H's with including one lasting six minutes, and three calls with HS HC Student Athlete I's including one lasting four minutes. HS HC Former MBB HC ( 8594571915_042215_SouthernMiss_00319) Former MBB HC

FI86: November 3, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, one phone call Student Athlete Student Athlete I's with H's HS HC lasting four minutes and four calls with HS HC including two calls lasting seven minutes and 14 minutes. Former MBB HC ( 8594571915_042215_SouthernMiss_00319) Former MBB HC

FI87: November 3, 2014 – phone records for his personal cell phone. Student Athlete I's This includes, but is not limited to, two text messages with HS HC Former MBB HC ( 6062075105_042215_SouthernMiss_00319) Former

FI88: November 3, 2014 – USM cell phone records. This includes, but is not Former MBB Compliance limited to, one phone call with HC lasting 18 minutes. Former ( USM PhoneRecords_031115_SouthernMiss_00319) Complianc Former MBB HC

FI89: November 4, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, 16 phone calls Student Athlete H's with including two calls lasting five minutes each, and one call HS HC Student Athlete I's with HS HC Former MBB HC ( 8594571915_042215_SouthernMiss_00319) Student Athlete I's

FI90: November 4, 2014 – Transcript of first interview. This HS HC Student Athlete I's includes, but is not limited to, statement that he sent around HS HC $4,000 in prepaid debit cards to the men's basketball office to assist

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 20 __________ Student Athlete I

with making payments on his account balance at Southern

Mississippi. Student Athlete I's ( _TR_1-3_110414_SouthernMiss_00319) HS HC Former MBB HC

FI91: November 5, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited to, 13 phone calls Student Athlete H's with including one call lasting 21 minutes. HS HC Former MBB HC ( 8594571915_042215_SouthernMiss_00319) Former MBB Staff Member 2 FI92: November 6, 2014 – Transcript of first interview. This MBB Staff Member includes, but is not limited to, statements that a Student Student Athlete I was responsible for monitoring Athlete H and to ensure the cash or prepaid cards were used to pay the balances on their accounts. ( _TR_110614_SouthernMiss_00319) Former MBB Staff Member 2


Student Athlete H's

FI93: November 7, 2014 – Transcript of interview. This includes, HS HC Student Athlete H's but is not limited to, statement that he sent around $4,000 to HS HC $5,000 in cash and prepaid debit cards to the men's basketball office to Student assist Athlete H with making payments on his account balance. Student Athlete H's ( HS HC _TR_110714_SouthernMiss_00319) Former MBB HC

FI94: November 18, 2014 – Transcript of first interview. This Former MBB HC Student Athlete includes, but is not limited to, statement that H's HS HC sent cash Former MBB and prepaid debit cards to Athlete H in care of at the men's HC Student Athlete I's Student Athlete I basketball office, and HS HC sent prepaid debit cards to in Former MBB care of HC at the men's basketball office. Former MBB HC ( _TR_111814_SouthernMiss_00319) Former

FI95: January 28, 2015 – Transcript of USM interview. This includes, but is not Former Compliance limited to, USM statement that he did not remember any specific Compliance Former MBB conversation with regarding a coach paying for a nonqualifier's HC year of residence but believed he would have said it needed to be a Former MBB situation where there was no parental involvement, as well as that HC had contacted him on his cell phone within the last couple of months to Former discuss USM recollection of the conversation about nonqualifiers and Compliance coaches paying for their tuition. Former ( USM _TR_012815_SouthernMiss_00319) Complianc Former MBB

FI96: March 16, 2015 – Transcript of Staff interview. This includes, but is not Former MBB Member limited to, Staff statement that (1) he was not part of any conversation For Member Former between HC and USM in June 2012 regarding nonqualifiers but was Complia responsible for putting together the staff notes that reflected the


conversation; (2) he maintained handwritten notes contemporaneous to the meetings referenced in the staff notes; however, the note in the Word document may not have been added until 2014; and (3) he discarded the handwritten notes once he updated the Word document. Former MBB (Staff Member _TR_031615_SouthernMiss_00319) Former MBB HC

FI97: March 16, 2014 – Transcript of second interview. This includes, Former MBB HC but is not limited to, statements that (1) he did not discuss with Former the appropriateness of receiving cash and prepaid debit cards from USM Complia Athlete in the men's basketball office, (2) he did not discuss with H's HS HC Student Athlete anyone the appropriateness of communicating directly with H's HS HC Student Athlete H about balance and (3) he did not discuss with anyone the Student Athlete I appropriateness of creating a similar arrangement for and Student Athlete I's HS HC Former MBB HC

(

_TR_031614_SouthernMississippi_00319) Former MBB Asst. 1

FI98: March 27, 2015 – Transcript of third interview. This Form Former MBB includes, but is not limited to, Asst. 1 statements that (1) HC paid Student Athlete H Student Athlete I for and year of residence using cash and prepaid Former MBB Student Athlete cards from his own personal funds, (2) had H's HS HC provide HC false letters corresponding to amounts being paid for Athlete H to cover his Former MBB Student Athlete Student Athlete I's tracks and (3) talked with H's HS HC and during the HC HS HC course of the NCAA investigation using a burner phones as well as a cell phone maintained in his mother's name and told them to stick to the story Student Athlete H Student Athlete I that they had paid for and years of residence, respectively. Former MBB ( Asst. 1 _TR_032715_SouthernMiss_00319) Student Athlete I's

FI99: April 8, 2015 – Transcript of second interview. This includes, HS HC Student Athlete I's but is not limited to, statement that he was the source of the HS HC Student Athlete I funds to Student Athlete I's ( _TR_040815_SouthernMiss_00319) HS HC Former MBB HC

FI100: May 12, 2015 – Transcript of third interview. This includes, but Former MBB HC is not limited to, statement that he contacted multiple people, Student Athle tudent Athlete I's including H's HS HC and using a cell phone in his mother's HS HC name, to discuss rumors related to the investigation but not to coordinate stories among witnesses. Former MBB HC ( _TR_051215_SouthernMiss_00319) The enforcement staff incorporates the factual information referenced throughout this document and all other documents posted on the secure website.


3.

[NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(d) and 19.2.3 (2014-15)] It is alleged that between August 2014 and June 2015, which was the duration of the NCAA enforcement staff's investigation that serves as a basis for this notice of Former MBB HC allegations, former head men's basketball coach, violated NCAA responsibility to cooperate legislation and the NCAA principles Former MBB of ethical conduct. HC obstructed the enforcement staff's investigation when he deleted pertinent emails and when he provided false or misleading information to the enforcement staff and the institution. He further obstructed the NCAA investigation by contacting some interviewees about the NCAA investigation and influencing other interviewees to provide false or misleading information to the enforcement staff and the institution concerning matters relevant to possible violations of NCAA legislation. Specifically: Former MBB

a.

Under NCAA responsibility to cooperate legislation, has an HC affirmative obligation to cooperate fully with and assist the enforcement staff to further the objectives of the NCAA and its enforcement program and to make full and complete disclosure of any relevant information; however, he obstructed the enforcement staff's efforts to review relevant information by deleting emails pertinent to the matters under inquiry from an account he maintained at Morehead State University (Morehead State). Former MBB stated that he deleted the emails, including personal emails and HC emails pertinent to the inquiry, around the time of his first interview (November 18, 2014) with the enforcement staff on the belief that the enforcement staff would be interested in obtaining the contents of the account, which he was not interested in sharing. [NCAA Bylaws 10.01.1, 10.1, 10.1-(a) and 19.2.3 (2014-15)]

b.

Former MBB HC

violated NCAA principles of ethical conduct when he provided false or misleading information during his November 18, 2014; March 19, 2015; and May 12, 2015, interviews with the enforcement staff and institution when he denied awareness of the improper academic assistance that was provided to men's basketball prospective student-athletes, when in fact he was aware of and oversaw the academic improprieties being committed by his staff members as identified in Allegation No. 1. [NCAA Bylaws 10.01.1, 10.1, and 10.1-(d) (2014-15)]

c.

Between August 2014 and May 2015, violated NCAA HC responsibility to cooperate legislation when he failed to protect the integrity of the NCAA investigation by contacting interviewees or directing others to contact interviewees about the NCAA investigation and to learn from them what they knew about the NCAA investigation. Those

Former MBB

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 23 __________ Former MBB

JUCO 4 MBB Asst.

contacted by HC included assistant Student men's basketball coach at , Athlete H's Student Athlete H HS HC , high school boys' basketball coach, Former MBB Asst. 3 Former , then assistant men's basketball coach; USM Complian , former associate athletic director for compliance, student services; ce Student Athlete I's HS HC and then assistant men's basketball coach at NCAA Institution 3 . [(NCAA Bylaws 19.2.3 (2014-15)] Former MBB HC

d.

violated the NCAA principles of ethical conduct when he provided false or misleading information during his November 18, 2014; March 19, 2015; and May 12, 2015, interviews with the enforcement staff and institution when he denied being the source of the funds provided to Student Athlete H Student men's basketball student-athletes and Athlete I to cover educational expenses during their nonqualifier year of residence, when in fact he was the source of those Former MBB funds. In addition, further violated NCAA principles of ethical HC Student Athlete H Student Athlete I conduct when he influenced and high school or prep coaches to provide false or misleading information to the enforcement staff and the institution when he asked the coaches to identify Former MBB themselves as the sources for the funds, when in fact HC had been the source of the funds. [NCAA Bylaws 10.01.1, 10.1 and 10.1-(d) (2014-15)]

e.

In November 2014, violated the NCAA principles of ethical HC conduct and NCAA responsibility to cooperate legislation when he failed to protect the integrity of the NCAA investigation and was involved in an effort to influence an interviewee in the investigation to provide false or misleading information to the enforcement staff and the institution. Former MBB told an assistant coach to contact former men's basketball HC Student Athlete F prospective student-athlete , whom the institution had Student Student recruited, to tell Athlete F to report to the enforcement staff that Athlete F had paid for his Adams State University (Adams State) online courses, when Student Former MBB in fact Athlete F had not done so and instead it had been [NCAA HC Bylaws 10.01.1, 10.1, 10.1-(d) and 19.2.3 (2014-15)]

Former MBB

Level of Allegation No. 3: The enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 3 is a severe breach of conduct (Level I) because this alleged conduct seriously undermines or Former MBB HC threatens the integrity of the NCAA Collegiate Model, as efforts to obstruct the NCAA investigation undermined the NCAA's common interest in investigating alleged violations in an effort to preserve its enduring values.

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 24 __________ Former MBB HC

Further, provision of false or misleading information and his efforts to influence other interviewees to provide false or misleading information is contrary to the NCAA's high standards of ethical conduct and is presumptively considered to be a Level I violation. [NCAA Bylaw 19.1.1 (2014-15)] Factual information (FI) on which the enforcement staff relies for Allegation No. 3: Former MBB HC

FI101: October 28 through November 6, 2014 – phone records for a cell phone maintained in his mother's name. This includes, but is not limited Student Athlete I's Former MBB to, 29 calls with 71 calls with Asst. 3 (plus 47 texts), 63 calls HS HC Student Athlete with H's HS HC (plus 10 texts), five calls with Adams State and one call with a number that has been identified as a burner phone used by Former MBB Staff Member at NCAA Institution 2 MBB Staff Member NCAA Institution 2 at the . MBB ( Former 8594571915_042215_SouthernMiss_00319) HC Former MBB HC

FI102: November 18, 2014 – Transcript of first interview. This Former MBB HC includes, but is not limited to, statement that he was unaware of any NCAA violations that occurred in the men's basketball program during his time at The University of Southern Mississippi (Southern Mississippi). Former MBB HC ( _TR_111814_SouthernMiss_00319) Former MBB HC

FI103: February 3, 2015 – List view of messages remaining in Morehead State email account. This includes, but is not limited to, emails Former MBB provided by Morehead State that show HC deleted all messages from the time he started at Southern Mississippi up to the time of his first interview in November 2014. Former MBB HC ( MoreheadStateEmails_052615_SouthernMiss_00319) Former MBB HC

FI104: March 16, 2015 – Transcript of second interview. This includes, Former MBB HC but is not limited to, statements that he deleted all emails in his Morehead State email account that corresponded to his tenure at Southern Mississippi. Former MBB HC ( _TR_031615_SouthernMiss_00319) Former MBB Asst. 1

FI105: March 27, 2015 – Transcript of , assistant men's basketball coach, third interview. This includes, but is not limited to, Former MBB Staff Former MBB Staff Member 2 Former MBB Member 1 statements that (1) and Asst. 1 Staff Members Former MBB , then men's basketball , were hired by HC to complete academic coursework for men's basketball student-athletes and

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 25 __________ Former MBB

prospective student-athletes; (2) HC purchased prepaid debit cards for Former MBB Former MBB Staff Member 1 and to use to register for online courses; (3) HC Student Student Athlete I provided cash and prepaid debit cards for Athlete H and to pay Former MBB expenses during their year in residence; (4) purchased burner HC Former MBB Former MBB phones for use by Asst. 1 and to avoid detection in the HC Former MBB Student Acquintance of investigation; (5) Asst. NCAA contacted Athlete F and Student Athlete F , assistant men's 1 Institution 4 basketball coach at , using two of the burner phones; (6) Student Former MBB Former MBB Student Athlete F told Asst. 1 to call to ensure Athlete F told the enforcement HC Former MBB staff that he paid for his own online courses; (7) Asst. 1 witnessed Former MBB Student Athlete Former MBB call H's HS HC from the Blackberry phone and heard HC tell HC Student Athlete H's HS HC to stick to the story during the NCAA interview; and (8) Former MBB Former MBB Student Athlete I's saw use the Blackberry to call during the Asst. 1 HC HS HC course of the investigation and also had use one of the burner Student Athlete I's phones to contact HS HC Former MBB ( Student _TR_032715_SouthernMiss_00319; Asst. 1 Athlete F _TR_111914_SouthernMiss_00319; and Student Athlete F _TR_112014_SouthernMiss_00319)


Former MBB Staff Member at NCAA Institution 2

Former MBB Staff Member at NCAA Institution 2

FI106: April 1, 2015 – Memorandum of conversation with Morehead State officials. This includes, but is not limited to, a telephone call with the Morehead State general counsel, assistant vice president for technology and technology business analyst in which they explained that all the Former MBB emails HC deleted from his account are no longer accessible in light of the institution's 30-day retention policy. (MoreheadStateEmailMemo_CO_040115_SouthernMiss_00319) Former MBB HC

FI107: May 12, 2015 – Transcript of third interview. This includes, but Former MBB HC is not limited to, statement that he was unaware of any NCAA violations that occurred in the men's basketball program during his time at Southern Mississippi. Former MBB HC ( _TR_051215_SouthernMiss_00319) JUCO 4 MBB Asst.

FI108: June 18, 2015 – Transcript of interview. This includes, but is JUCO 4 MBB Asst. Former MBB not limited to, statement that called him in late HC August to obtain information about the enforcement staff's interview with Student Athlete D then men's basketball prospective student-athlete JUCO 4 MBB Asst. ( _TR_061815_SouthernMiss_00319_DRAFT) The enforcement staff incorporates the factual information referenced throughout this document and all other documents posted on the secure website.


4.

[NCAA Division I Manual Bylaws 10.01.1, 10.1, 10.1-(a) and 19.2.3 (2014-15)] It is alleged that between August 2014 and June 2015, which was the duration of the NCAA enforcement staff's investigation that serves as a basisNCAA forInstitution this notice of 3 Student Athlete I's HS HC allegations, , former assistant men's basketball coach, violated NCAA responsibility to cooperate legislation and the NCAA principles of ethical conduct when he refused to provide information relevant to an investigation of possible violations of NCAA legislation. Specifically, under NCAA responsibility to cooperate Student Athlete I's legislation, has an affirmative obligation to cooperate fully with and HS HC assist the enforcement staff to further the objectives of the NCAA and its enforcement program and to make full and complete disclosure of any relevant Student Athlete I's information. However, while provided the requested personal cellular HS HC telephone records, he refused to provide any of his bank records when requested to do so by the enforcement staff. These records were relevant to a potential Student Athlete I's violation related to receiving payment for the commitments of HS HC recruited men's basketball prospective student-athletes. Level of Allegation No. 4: The enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 4 is a severe breach of conduct (Level I) because this alleged conduct seriously undermines or Student Athlete I's threatens the integrity of the NCAA Collegiate Model, as conduct HS HC adversely impacted the NCAA's ability to investigate alleged violations, which is critical to the common interests of the Association's membership and the preservation of its enduring values. Furthermore, unethical conduct is a presumptive Level I violation. [NCAA Bylaw 19.1.1 (2014-15)] Factual information (FI) on which the enforcement staff relies for Allegation No. 4: Former MBB Asst. 1

FI109: March 27, 2015 – Transcript of , assistant men's basketball coach, third interview. This includes, but is not limited to, Former MBB Student Athlete I's statement that he overheard conversations between Asst. 1 HS HC Former MBB HC and , then head men's basketball coach, discussing information related to the NCAA investigation. Former MBB ( Asst. 1 _TR_032715_SouthernMiss_00319) Student Athlete I's

FI110: May 21, 2015 – Letter to HS HC detailing the efforts and opportunities Student Athlete I's provided by the enforcement staff to secure records. HS HC Student Athlete I's ( _CO_051215_SouthernMiss_00319; HS HC

NOTICE OF ALLEGATIONS Case No. 00319 July 22, 2015 Page No. 27 __________ Student Athlete I's HS HC Student Athlete I's HS HC

_TR_040815_SouthernMiss00319; and _TR_1-3_110414_SouthernMiss00319) Attorney for Student Athlete I's HS HC

Student Athlete I's

FI111: June 30, 2015 – Email from , HS HC Attorney for Student Athlete I's attorney, including, but not limited to, Student Athlete I's stating that HS HC HS HC will not provide his bank records. The email also includes language regarding multiple missed deadlines. Attorney for Student Student Athlete I's HS HC ( Athlete I's HS HC _CO_ _063015_SouthernMiss_00319) The enforcement staff incorporates the factual information referenced throughout this document and all other documents posted on the secure website. 5.

[NCAA Bylaws 10.1-(a), 19.2.3, and 19.2.3.2] Former MBB Staff Member 1

It is alleged that between November 2014 and March 2015, Staff Member former men's basketball , violated the NCAA principles of ethical conduct when he refused to furnish information relevant to the investigation of possible violations of NCAA legislation, when requested to do so by the NCAA enforcement staff. Further, violated the responsibility to cooperate legislation by failing to make full and complete disclosure of relevant information, when requested to do so by the enforcement staff. Former MBB Staff Member 1

Specifically, on November 11, 2014, the enforcement staff scheduled an interview with to be conducted November 18, 2014; however refused to appear or participate. Moreover, has continued to refuse to participate despite multiple attempts by the enforcement staff to arrange an interview. Former MBB Staff Member 1



Level of Allegation No. 5: The enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 5 is a severe breach of conduct (Level I) because this alleged conduct seriously undermines or Former MBB Staff Member 1 threatens the integrity of the NCAA Collegiate Model, as refusal to interview with the enforcement staff adversely impacts the NCAA's ability to investigate alleged violations, which is critical to the common interests of the Association's membership and the preservation of its enduring values. Furthermore, unethical conduct is a presumptive Level I violation. [NCAA Bylaw 19.1.1 (2014-15)]


Factual information (FI) on which the enforcement staff relies for Allegation No. 5: FI112: November 2014 through April 2015 – On November 17, 2014, the NCAA Institution 2 enforcement staff had a scheduled interview with at the . resigned his position on the NCAA Institution 2 staff three days prior to his November 17, 2014, scheduled interview with the enforcement staff. In January and March 2015, letters were sent by the enforcement staff to requesting interviews. (InterviewStatusChart_022715_SouthernMiss_00319; CO_InterviewRequest_010514_SouthernMiss_00319; and CO_InterviewRequest_030315_SouthernMiss_00319) Former MBB Staff Member 1






FI113: February 11 and 12, 2015 – The enforcement staff went to home in Hometown of Former MBB Staff Member 1 , to request an interview. During a telephone call the next day, mother confirmed that they relayed the request to . (InterviewStatusChart_022715_SouthernMiss_00319) Former MBB Staff Member 1


Attorney for Former MBB Staff

Member 1 FI114: March 24, 2015 – Phone call with representing , advised the enforcement staff that interview with the NCAA and terminated representation. (InterviewStatusChart_022715_SouthernMiss_00319) Former MBB Staff Member 1

, an attorney declined to



[NCAA Bylaws 10.1-(a), 19.2.3 and 19.2.3.2] Former MBB Asst. 2

It is alleged that between September 2014 and March 2015, , former associate men's basketball coach, violated the NCAA principles of ethical conduct when he refused to furnish information relevant to the investigation of possible violations of NCAA legislation, when requested to do so by the NCAA enforcement staff and the institution. Further, Former MBB Asst. 2 violated the responsibility to cooperate legislation by failing to make full and complete disclosure of relevant information, when requested to do so by the Asst. enforcement staff. Specifically, Former MBB refused to participate in an interview 2 with the enforcement despite multiple attempts by the enforcement staff to arrange an interview.


Level of Allegation No. 6: The enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 6 is a severe breach of conduct (Level I) because this alleged conduct seriously undermines or Former MBB Asst. 2 threatens the integrity of the NCAA Collegiate Model, as refusal to interview with the enforcement staff adversely impacts the NCAA's ability to investigate alleged violations, which is critical to the common interests of the Association's membership and the preservation of its enduring values. Furthermore, unethical conduct is a presumptive Level I violation. [NCAA Bylaw 19.1.1 (2014-15)] Factual information (FI) on which the enforcement staff relies for Allegation No. 6: Former MBB

FI115: September 15, 2014 – Call to Asst. 2 in which he respectfully declined to interview with the enforcement staff. (InterviewStatusChart_022715_SouthernMiss_00319) Former MBB

FI116: November 11, 2014 – Call to in which the enforcement staff Asst. 2 Former MBB informed that serious allegations had been made against him Asst. 2 Former MBB and the enforcement staff again requested an interview. Asst. 2 declined and stated that he would hire an attorney to protect his name. (InterviewStatusChart_022715_SouthernMiss_00319) Former MBB

FI117: December 10, 2014 – A letter to Asst. 2 requesting an interview for the third time and stating that should he refuse to interview, then the enforcement staff would consider naming him in a failure to cooperate allegation. Former MBB Asst. 2 ( _CO_121014_SouthernMiss_00319) FI118: January 26, 2015 – During the enforcement staff's second interview with Former MBB Asst. 3 then assistant men's basketball coach, Former MBB Asst. 2 reported that confirmed that he had received a letter Asst. 3 Former MBB from the NCAA asking Asst. 2 to participate in an interview regarding alleged violations. Former MBB ( Asst. 3 _TR_012615_SouternMiss_00319_DRAFT) Former MBB

FI119: March 3, 2015 – Final letter requesting an interview of Asst. 2 in which there was no response. Former MBB Asst. 2 ( _CO_InterviewRequest_030315_SouthernMiss_00319)



[NCAA Bylaw 11.1.1.1 (2013-14)] Former MBB HC

It is alleged that , then head men's basketball coach, violated head coach responsibility legislation, as he is presumed to be responsible for the alleged violations of his assistant coaches and administrators who reported directly or indirectly to him, as described in Allegation No. 1, and for his own involvement in alleged violations of NCAA legislation, as described in Allegation Former MBB HC Nos. 1, 2 and 3. Furthermore, involvement in Allegation Nos. 1, 2 and 3 demonstrates that he did not at all times promote an atmosphere of compliance Former MBB within his program. Finally, HC did not at all times monitor the actions of all of the assistant coaches and administrators who reported directly or indirectly to him but instead encouraged or directed their involvement in violations of NCAA legislation. Level of Allegation No. 7: The NCAA enforcement staff believes a hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 7 is a severe breach of conduct (Level I) because this alleged conduct seriously undermines or Former MBB threatens the integrity of the NCAA Collegiate Model as and his staff HC were involved in severe and/or serious breaches of conduct as described in this notice of allegations. Furthermore, the underlying conduct in Allegation Nos. 1, 2 and 3 is alleged as Level I conduct; therefore, pursuant to NCAA Bylaw 19.1.1, this allegation is presumed to be Level I. [NCAA Bylaw 19.1.1 (2014-15)] Factual information (FI) on which the enforcement staff relies for Allegation No. 7: The enforcement staff incorporates the factual information referenced in this document and all other documents posted on the secure website. Specific to Allegation Nos. 1, 2, 3, 4, 5, 6 and 7: a.

Please indicate whether the information contained within these allegations is substantially correct and whether the institution and the involved individuals identified in these allegations believe violations of NCAA legislation occurred. Submit materials to support your response.


C.

b.

If the institution and the involved individuals believe NCAA violations occurred, please indicate whether there is substantial agreement on the level of the violation. Submit materials to support your response.

c.

Please indicate whether the factual information is substantially correct and whether the institution and involved individuals have additional pertinent information and/or facts. Submit facts in support of your response.

Potential Aggravating and Mitigating Factors. Pursuant to NCAA Bylaw 19.7.1, the NCAA enforcement staff has identified the following potential aggravating and mitigating factors that the hearing panel of the NCAA Division I Committee on Infractions may consider. 1.

Institution: a.

Aggravating factors. [NCAA Bylaw 19.9.3] (1)

Multiple Level I violations by the institution. [NCAA Bylaw 19.9.3-(a)] •

(2)

Allegation Nos. 1 and 2 in this case involve Level I violations.

A history of Level I, II or major violations by the institution. [NCAA Bylaw 19.9.3-(b)] •

November 8, 1982, Major Infractions Report – The University of Southern Mississippi (Southern Mississippi) provided financial benefits to football prospective studentathletes.

•

February 8, 1985, Major Infractions Report – Southern Mississippi provided improper inducements to football prospective student-athletes.

•

January 30, 2013, Major Infractions Report – Southern Mississippi head and assistant men's tennis coaches engaged in unethical conduct, and the institution failed to monitor its tennis program.


(3)

Former MBB HC

Person of authority [ ), then head men's basketball coach] condoned, participated in or negligently disregarded the violation or related wrongful conduct. [NCAA Bylaw 19.9.3-(h)] •

(4)

One or more violations caused significant ineligibility or other substantial harm to a men's basketball student-athlete or prospective student-athlete. [NCAA Bylaw 19.9.3-(i)] •

(5)

Former MBB

As described in Allegation No. 1, HC and members of his men's basketball staff significantly and negatively harmed the collegiate educational experience of seven men's basketball prospective student-athletes when the staff engaged in academic misconduct in online courses and completed coursework for the prospective student-athletes, instead of having the prospective student-athletes complete their own work.

A pattern of noncompliance within the men's basketball program. [NCAA Bylaw 19.9.3-(k)] •

b.

Former MBB

As described in Allegation Nos. 1, 2 and 3 HC condoned or negligently disregarded violations through his direction and participation in the underlying violations and in his obstruction of the NCAA investigation.

As described in Allegation Nos. 1 and 2, the alleged Former MBB violations occurred shortly after was hired as HC Southern Mississippi's head men's basketball coach and continued through his tenure at the institution.

Mitigating factors. [NCAA Bylaw 19.9.4] (1)

Prompt acknowledgement of the violation, acceptance of responsibility and imposition of meaningful corrective actions and/or penalties. [NCAA Bylaw 19.9.4-(b)] •

The institution has acknowledged violations of NCAA legislation, accepted responsibility and imposed a postseason ban during the 2014-15 season and withheld two student-athletes from competition once it was


determined they had provided false or misleading information to the enforcement staff and the institution. (2)

Affirmative steps to expedite final resolution of the matter. [NCAA Bylaw 19.9.4-(c)] •

(3)

An established history of self-reporting Level III or secondary violations. [NCAA Bylaw 19.9.4-(d)] •

2.

The institution was responsive to every enforcement staff request for interviews and documents in a timely manner, such that it expedited the resolution of the investigation.

Over the last five years, the institution has self-reported 18 Level III or secondary violations to the NCAA.

Involved Individual ( a.

Former MBB HC

):


Multiple Level I violations by •

(2)

[NCAA Bylaw 19.9.3-(a)]

As described in Allegation Nos. 1, 2, 3 and 7, involved in multiple Level I violations.

A history of Level I, II or major violations by Bylaw 19.9.3-(b)] •

(3)

Former MBB HC

Former MBB HC

Former MBB HC

was

[NCAA

August 25, 2010, Major Infractions Report involving Former MBB Morehead State University (Morehead State): as HC the head men's basketball coach was involved in violations at Morehead State, including a head coach responsibility violation.

Obstructing an investigation or attempting to conceal a violation. [NCAA Bylaw 19.9.3-(d)] •

Former MBB

As described in Allegation No. 3, obstructed the HC investigation by deleting emails, providing false or misleading information, failing to protect the integrity of the investigation and influencing the information reported by interviewees.


(4)

Unethical conduct, compromising the integrity of an investigation, failing to cooperate during an investigation or refusing to provide all relevant or requested information. [NCAA Bylaw 19.9.3-(e)] •

(5)

Former MBB

As described in Allegations Nos. 1, 2 and 3 HC violated NCAA ethical conduct principles, and as noted in Allegation No. 3, he obstructed the investigation by deleting emails, providing false or misleading information, failing to protect the integrity of the investigation and influencing the information reported by interviewees.

Violations were premeditated, deliberate or committed after substantial planning. [NCAA Bylaw 19.9.3-(f)] •

As reflected in the allegations contained in this notice of Former MBB allegations, instituted a system of academic HC misconduct in the men's basketball program that involved the assistant coaches and Moreover, Former MBB and the men's basketball staff took efforts to HC conceal their violations, including traveling to the locales of student-athletes in an attempt to mask IP address information and by using recruiting trips to hide their travel where academic misconduct was carried out. Staff Members

(6)

Former MBB

Persons of authority ( HC condoned, participated in or negligently disregarded the violation or related wrongful conduct. [NCAA Bylaw 19.9.3-(h)] •

(7)

Former MBB

As described in Allegations No. 1, 2, 3 and 7, HC condoned, participated or negligently disregarded violations through his participation in the underlying violations and obstruction of the NCAA investigation.


Former MBB

As shown in Allegation No. 1, HC and members of his men's basketball staff significantly and negatively harmed the collegiate educational experience of seven men's basketball prospective student-athletes when the staff


engaged in academic misconduct in online courses and completed coursework for the prospective student-athletes, instead of having the prospective student-athletes complete their own work. (8)

Conduct or circumstances demonstrating an abuse of a position of trust. [NCAA Bylaw 19.9.3-(j)] •

(9)

A pattern of noncompliance within the men's basketball program. [NCAA Bylaw 19.9.3-(k)] •

(10)

As described in Allegations No. 1, 2 and 3, the alleged Former MBB violations occurred shortly after was hired as the HC Southern Mississippi head men's basketball coach and continued through his tenure at the institution.

Intentional, willful, or blatant disregard for the NCAA constitution and bylaws. [NCAA Bylaw 19.9.3-(m)] •

b.

Former MBB

As the head coach, HC held a position of trust related to his oversight of his staff and the student-athletes under his charge. However, as demonstrated in the allegations Former MBB contained in this notice of allegations, HC abused that trust by directing his staff to become involved in alleged severe breaches of conduct, which involved studentathletes whom they were supposed to be leading and guiding in their intercollegiate athletic experience.

Former MBB

As described in Allegations No. 1, 2, 3 and 7, HC engaged in severe breaches of conduct that spanned multiple NCAA bylaws, including unethical conduct and head coach responsibility legislation.

Mitigating factor(s). [NCAA Bylaw 19.9.4] The enforcement staff did not identify any mitigating factors for the involved individual.


3.

Involved Individual [ basketball coach]: a.

Former MBB Asst. 3

then assistant men's



(2)

Former MBB

As described in Allegation No. 1, Asst. 3 was part of the system of planned academic misconduct in the men's basketball program.

Former MBB

As described in Allegation No. 1, HC and members of Former MBB his men's basketball staff, including Asst. 3 significantly and negatively harmed the collegiate educational experience of seven men's basketball prospective studentathletes when the staff engaged in academic misconduct in online courses and completed coursework for the prospective student-athletes, instead of having the prospective student-athletes complete their own work.


(5)

is alleged to


(4)

Former MBB Asst. 3


(3)

As described in Allegation No. 1, have engaged in unethical conduct.

Former MBB Asst. 3

held a position of trust related to his oversight of student-athletes, yet he abused this trust through his involvement in academic misconduct, as noted in Allegation No 1.

Intentional, willful, or blatant disregard for the NCAA constitution and bylaws. [NCAA Bylaw 19.9.3-(m)]


•

b.

Former MBB

As described in Allegation No. 1, Asst. 3 was involved in unethical conduct related to academic misconduct.


4.

Involved Individual [ ]: a.


then men's basketball

Staff Member


Obstructing an investigation or attempting to conceal the violation. [NCAA Bylaw 19.9.3-(d)] •

(2)


A described in Allegation Nos. 1 and 5, was involved in academic misconduct and has refused all interview requests by the enforcement staff.


(4)

resigned from employment after the enforcement staff arranged an interview with him and has consistently refused to cooperate with requests for interview.


(3)



As described in Allegation No. 1, was part of the system of planned academic misconduct in the men's basketball program.


Former MBB HC

As described in Allegation No. 1, his men's basketball staff, including

and members of significantly and



negatively harmed the collegiate educational experience of seven men's basketball prospective student-athletes when the staff engaged in academic misconduct in online courses and completed coursework for the prospective studentathletes, instead of having the prospective student-athletes complete their own work. (5)

Intentional, willful or blatant disregard for the NCAA constitution and bylaws. [NCAA Bylaw 19.9.3-(m)] •

b.

Former MBB Staff

As described in Allegation Nos. 1 and 5, Member 1 was not only involved in committing academic misconduct but also in disregarding his responsibility to cooperate with the NCAA investigation.

Mitigating factor(s). [NCAA Bylaw 19.9.4] The enforcement staff did not identify any mitigating factors for the involved individual. Former MBB Staff Member 2

5.

Involved Individual [ Staff Member ]: a.

then men's basketball



(2)


As described in Allegation No. 1, was involved in unethical conduct through his involvement in academic misconduct.



As described in Allegation No. 1, was part of the system of planned academic misconduct in the men's basketball program.


(3)


(4)

Intentional, willful, or blatant disregard for the NCAA constitution and bylaws. [NCAA Bylaw 19.9.3-(m)] •

b.

Former MBB HC

As described in Allegation No. 1, and members of Former MBB Staff his men's basketball staff, including Member 2 , significantly and negatively harmed the collegiate educational experience of seven men's basketball prospective studentathletes when the staff engaged in academic misconduct in on-line courses and completed coursework for the prospective student-athletes, instead of having the prospective student-athletes complete their own work.


stated in both of his interviews that he was aware his conduct violated NCAA rules and engaged in it nonetheless.


6.

Involved Individual [ basketball coach]: a.

Former MBB Asst. 2

then men's associate head



(2)

Former MBB Asst. 2

has refused to participate in the NCAA investigation and has not submitted to an interview.


Former MBB

A described in Allegations No. 1 and 6, was Asst. 2 involved in unethical conduct related to academic


misconduct and has refused all interview requests by the enforcement staff. (3)


(4)


(5)

Former MBB

As described in Allegation No. 1, HC and members of Former MBB Asst. his men's basketball staff, including significantly 2 and negatively harmed the collegiate educational experience of seven men's basketball prospective studentathletes when the staff engaged in academic misconduct in online courses and completed coursework for the prospective student-athletes, instead of having the prospective student-athletes complete their own work.


(6)

Former MBB

As described in Allegation No. 1, Asst. 2 was part of the system of academic misconduct in the men's basketball program.

Former MBB Asst. 2

held a position of trust related to his oversight of student-athletes, yet he abused this trust through his involvement in academic misconduct as noted in Allegation No 1.

Intentional, willful or blatant disregard for the NCAA constitution and bylaws. [NCAA Bylaw 19.9.3-(m)] •

Former MBB

As described in Allegations No. 1 and 6, Asst. 2 was not only involved in committing academic misconduct but also in disregarding his responsibility to cooperate with the NCAA investigation.


b.

Mitigating factor. [NCAA Bylaw 19.9.4] The enforcement staff did not identify any mitigating factors for the involved individual.

7.

Involved Individual [ basketball coach at a.

NCAA Institution 3

former assistant men's ]:



(2)

As described in Allegation No. 4, over all requested records.

Student Athlete I's HS HC

refused to turn


b.

Student Athlete I's HS HC

Student Athlete I's

As described in Allegation No. 4, failed to HS HC provide telephone and bank records as requested by the enforcement staff.


D.

Request for Supplemental Information. 1.

Provide mailing and email addresses for all necessary parties to receive communications from the hearing panel of the NCAA Division I Committee on Infractions related to this matter.

2.

Indicate how the violations were discovered.

3.

Provide a detailed description of any corrective or punitive actions implemented by the institution as a result of the violations acknowledged in this inquiry. In that regard, explain the reasons the institution believes these actions to be appropriate and identify the violations on which the actions were based. Additionally, indicate the date that any corrective or punitive actions were implemented.


4.

Provide a detailed description of all disciplinary actions taken against any current or former athletics department staff members as a result of violations acknowledged in this inquiry. In that regard, explain the reasons the institution believes these actions to be appropriate and identify the violations on which the actions were based. Additionally, indicate the date that any disciplinary actions were taken and submit copies of all correspondence from the institution to each individual describing these disciplinary actions.

5.

Provide a short summary of every past Level I, Level II or major infractions case involving the institution or individuals named in this notice. In this summary, provide the date of the infractions report(s), a description of the violations found by the Committee on Infractions/hearing panel, the individuals involved, and the penalties and corrective actions. Additionally, provide a copy of any major infractions reports involving the institution or individuals named in this notice that were issued by the Committee on Infractions/hearing panel within the last 10 years.

6.

Provide a chart depicting the institution's reporting history of Level III and secondary violations for the past five years. In this chart, please indicate for each academic year the number of total Level III and secondary violations reported involving the institution or individuals named in this notice. Also include the applicable bylaws for each violation, and then indicate the number of Level III and secondary violations involving just the sports team(s) named in this notice for the same five-year time period.

7.

Provide the institution's overall conference affiliation, as well as the total enrollment on campus and the number of men's and women's sports sponsored.

8.

Provide a statement describing the general organization and structure of the institution's intercollegiate athletics department, including the identities of those individuals in the athletics department who were responsible for the supervision of all sport programs during the previous four years.

9.

State when the institution has conducted systematic reviews of NCAA and institutional regulations for its athletics department employees. Also, identify the agencies, individuals or committees responsible for these reviews and describe their responsibilities and functions.

10.

Provide the following information concerning the sports program(s) identified in this inquiry:


11.

•

The average number of initial and total grants-in-aid awarded during the past four academic years.

•

The number of initial and total grants-in-aid in effect for the current academic year (or upcoming academic year if the regular academic year is not in session) and the number anticipated for the following academic year.

•

The average number of official paid visits provided by the institution to prospective student-athletes during the past four years.

•

Copies of the institution's squad lists for the past four academic years.

•

Copies of the institution's media guides, either in hard copy or through electronic links, for the past four academic years.

•

A statement indicating whether the provisions of NCAA Bylaws 31.2.2.3 and 31.2.2.4 apply to the institution as a result of the involvement of student-athletes in violations noted in this inquiry.

•

A statement indicating whether the provisions of Bylaw 19.9.7-(g) apply to the institution as a result of the involvement of student-athletes in violations noted in this inquiry.

Consistent with the Committee on Infractions IOP 4-16-2-1 (Total Budget for Sport Program) and 4-16-2-2 (Submission of Total Budget for Sport Program), please submit the three previous fiscal years' total budgets for all involved sport programs. At a minimum, a sport program's total budget shall include: (1) all contractual compensation including salaries, benefits and bonuses paid by the institution or related entities for coaching, operations, administrative and support staff tied to the sport program; (2) all recruiting expenses; (3) all team travel, entertainment and meals; (4) all expenses associated with equipment, uniforms and supplies; (5) game expenses and (6) any guarantees paid associated with the sport program.

Any additional information or comments regarding this case are welcome.

National Collegiate Athletic Association July 22, 2015 TCH:lef