A FORMAL NCAA COMPLAINT
REGARDING THE UNIVERSITY OF KANSAS
COMES NOW, The Lawrence Project, and files its FORMAL NCAA COMPLAINT regarding the University of Kansas, showing to the National Collegiate Athletic Association (also hereinafter “NCAA”) as follows:
I. JURISDICTION
1. The University of Kansas is a member institution of the National Collegiate Athletic Association and is subject to NCAA rules. According to official NCAA FAQ, the general public may lodge a Complaint regarding allegations of NCAA rule violations. We are members of the general public who seek a level playing field vis-à-vis basketball recruiting. Moreover, according to the same FAQ, a Complaint may be anonymously lodged via United States mail, the internet or by facsimile.
II. STATEMENT OF FACTS
2. On May 31, 2010, the Topeka Capital-Journal(1) reported allegations made by a former Director of Sports Medicine for the KU Athletic Department, William Dent. The allegations were three-fold: (a) That KU Athletic Director Lew Perkins gave a local business preference in basketball ticketing in exchange for the free use of personal athletic training equipment, (b) that KU had three former and current players on the basketball roster who were ineligible, and (c) that KU violated the university drug policy within the athletic department.
3. This Complaint alludes to Dent’s ticket exchange allegation for the reason that it may be probative, in a limited way, regarding the veracity of his other allegations and shed light on the question of the “thoroughness” of the internal investigation conducted by KU regarding all three of Dent’s claims.
4. Although the Topeka Capital-Journal “broke” the story about the Dent allegations, the claims received widespread coverage in such media as the Associated Press(2), ESPN, CBS Sports(3), the Lawrence Journal-World & News(4), collegesportsdirect.com, as well as many other local, regional and national news outlets.
5. At the time the story broke, University of Kansas Athletic Director Lew Perkins claimed that the whistleblower, William Dent, was trying to blackmail him. It came out later that Dent had been providing this information to the Topeka Capital-Journal for nearly a year before that newspaper reported the allegations.(5)
6. KU Athletic Director Lew Perkins denied the allegations. University of Kansas Chancellor Bernadette Little-Gray called for an internal investigation, with a report to be provided in ten (10) working days.(6) The Chancellor appointed two (2) people to conduct the investigation, both in-house assets.(7)
7. Within five (5) working days, the internal investigators reported that there was no evidence to substantiate William Dent’s claims.(8)
8. There was no indication from KU how two (2) investigators could have found and combed through all the academic records of all the potentially implicated basketball players, including high school transcripts and ACT or SAT testing, interviewed contacts at the high schools of each of the potentially implicated players, found and combed through all the drug testing reports for, and prescriptions provided to, university basketball players during the lengthy period of time in question, interviewed all the university basketball players, interviewed all the university medical and training staffs, interviewed non-university medical personnel who, at the behest of the athletic department, treated KU players during the indicated time frame, interviewed the coaching staffs, located and reviewed all the implicated ticket and seating records, interviewed all the people potentially implicated in the tickets-for-exercise-equipment allegations, discussed the matter with the investigative reporter who broke the story, interviewed William Dent, Lew Perkins, the rest of the athletic department staff, including everyone in the ticket office, and drafted a report within five (5) working days.(9)
9. It was reported that the investigators asked William Dent about his allegations involving academically ineligible players and drug policy violations, but Dent refused to answer questions on those subjects.(10) Based upon this one-time refusal to answer questions, the investigators apparently closed down their investigation without trying to re-ask Dent those questions--even though they had five (5) more working days during which they could have held back their report until they’d had multiple opportunities to question Dent on those subjects--to at least see if he might change his mind.
10. On June 23, 2010, The Lawrence Journal-World reported that “[a]ccording to documents obtained … through a Kansas Open Records request, an executive of Medical Outfitters went from having four seats on the 24th row of an upper-level corner section in Allen Fieldhouse to having four seats on the seventh row of a mid-level section along the west side of the court.”(11)
11. This LJW article seems to contradict the conclusions of the KU internal investigation, and, in fact, the University of Kansas admitted that the company which donated the exercise equipment for personal use by Lew Perkins did receive tickets and seating that were not commensurate with their donation level.
12. In spite of this evidence seeming to prove at least one of Dent’s allegations, Kansas does not announce that it will re-open their internal investigation. They were apparently satisfied with their two-person, five-day investigation of three major allegations, even though one of their conclusions was almost immediately called into question by the Lawrence Journal-World investigation.
13. Moreover, there has been previous reports of academic ineligibility attached to a University of Kansas player during the relevant time frame. On or about May 17, 2008, ESPN reported the following:
14. ESPN’s report added that “[t]he NCAA told ESPN.com's Andy Katz that for Arthur to be ineligible, there would have to be evidence that Arthur or Kansas knew or should have known about the changed grade.”(13)DALLAS -- Officials are investigating whether Kansas basketball star Darrell Arthur was eligible to play in high school, which could affect whether he should have ever played for the national champion Jayhawks, according to a television report. South Oak Cliff High School in Dallas, which already has forfeited its 2006 title because of improperly altered grades for another player, is investigating whether Arthur's grades also were improperly altered, WFAA-TV in Dallas-Fort Worth reported.(12)
15. If William Dent, as Director of Sports Medicine for the KU Athletic Department, knew about the ineligibility of Darrell Arthur while Arthur was playing for KU, then the student-athlete was ineligible for all purposes.
16. Five months after the initial Arthur report, ESPN came out with another story indicating that the student-athlete’s high school district was alleged to have done a less-than-thorough investigation of Arthur’s academic standing. ESPN reported:
The Dallas Independent School District has reopened an inves-
tigation into alleged improper grade changes for former star
basketball player Darrell Arthur at South Oak Cliff High School,
WFAA, the ABC affiliate in Dallas reported. Superintendent
Michael Hinojosa said he will ask for an outside independent
review of the academic records of Arthur and his ... teammates.
"There are too many questions at this time for us to just leave it
alone," Hinojosa said. … The school district, however, released a
report two months ago that cleared South Oak Cliff staff and
students of any further wrongdoings in the [years] 2005 and 2007....
WFAA-TV's follow-up found investigators may have failed to
interview witnesses and review algebra, English and theater
arts grades received by Arthur.(14)
17. On February 22, 2009, the media reported that another South Oak Cliff High School state championship was stripped because of grade-changing, due in part to Darrell Arthur:
It's very painful to give up another state championship, but it's the
only thing, and it's the right thing to do. Not one but three students
were ineligible to play, and the only penalty for playing an ineligible
player is forfeiture," Hinojosa said.
District investigators confirmed three players - Darrell Arthur, Kevin
Rogers and Kandrake Johnigan - had grades changed. Arthur, who
plays for the Memphis Grizzlies, also starred on Kansas' national
championship team last year. Rogers is a Baylor starter.(15)
III. THERE IS ENOUGH EVIDENCE TO ALLEGE THAT THE UNIVERSITY OF KANSAS MAY HAVE VIOLATED NCAA RULES BY PLAYING INELIGIBLE PLAYERS ON THEIR BASKETBALL TEAM.
18. The statements contained in paragraphs 2-17 above are incorporated herein by reference as if set out word-for-word on this page.
19. Pursuant to NCAA Rule 14.11.1, it is the obligation of an NCAA member institution to immediately withhold from competition a student-athlete who is academically ineligible.
20. A high-ranking official in the KU Athletics Department has alleged that he knew of three current and former players who were and/or are academically ineligible.
21. Although KU ostensibly investigated the matter, the fact is that the university’s task force was made up of only two (2) individuals who purportedly investigated three (3) major allegations in only five (5) working days.
22. Moreover, their conclusion that there was no evidence to substantiate the Dent charges was drawn into serious question by the article from The Lawrence Journal-World. Most recently, Dent’s allegations gained further credibility from the Kansas Governmental Ethics Commission, which, on October 19, 2010, made public a Complaint against former Kansas Athletic Director Lew Perkins regarding one of Dent’s accusations.(16)
23. Additionally, there is some proof that at least one former Kansas basketball player was academically ineligible to play in college during the relevant time period.(17) This corroborating evidence, of course, originates from people other than William Dent.
24. William Dent served in the position of Kansas Director of Sports Medicine from 2004 to 2007. In that capacity, he had daily contact with student-athletes, coaches and athletic department personnel, including Athletic Director Lew Perkins. Upon information and belief, Dent shared his knowledge of these allegations with a reporter or reporters associated with the Topeka Capital-Journal. Thus, the NCAA has at least two (2) sources available for this information.
IV. THERE IS ENOUGH EVIDENCE TO ALLEGE THAT KU MAY HAVE VIOLATED NCAA RULES BY FAILING TO ADHERE TO NCAA RULES REGARDING DRUG USE BY ITS ATHLETIC TEAMS.
25. The statements contained in paragraphs 2-17 above are incorporated herein by reference as if set out word-for-word on this page.
26. The specific rule dealing with drug policy violations is NCAA Rule 10.2, which provides, in relevant part, as follows:
A member institution’s athletics department staff members … who
have knowledge of a student-athlete’s use at any time of a substance
on the list of banned drugs, as set forth in Bylaw 31.2.3.4, shall follow
institutional procedures dealing with drug abuse or shall be subject
to disciplinary or corrective action as set forth in Bylaw 19.5.2.2.
have knowledge of a student-athlete’s use at any time of a substance
on the list of banned drugs, as set forth in Bylaw 31.2.3.4, shall follow
institutional procedures dealing with drug abuse or shall be subject
to disciplinary or corrective action as set forth in Bylaw 19.5.2.2.
27. For the same reasons stated above, the allegation of violations of drug policy appear to have enough indicia of reliability to merit an investigation by the NCAA. In summary, the allegations were made by someone high up in the Kansas Athletic Department hierarchy, they were made by a person likely to have personal knowledge of same, the drug policy violations allegation is one of three claims by William Dent, and at least one of those allegations has gained a level of credibility based upon The Lawrence Journal-World article of June 23, 2010, based on KU’s subsequent admissions related thereto, as well as based on the Complaint filed by the Kansas Governmental Ethics Commission. Finally, it is unlikely, although not impossible, for someone to “blackmail” another based upon a false statement of fact.
28. If anyone can be expected to provide relevant evidence regarding violations of drug policy by student-athletes at a university, the Director of Sports Medicine is that person. He has daily contact with the student-athletes, and he has knowledge of drug testing procedures and results.
V. THERE IS ENOUGH EVIDENCE TO ALLEGE THAT THE UNIVERSITY OF KANSAS MAY HAVE VIOLATED NCAA RULES BY SEEKING TO HIDE AND/OR FAILED TO REPORT POTENTIAL NCAA RULES VIOLATIONS.
29. The statements contained in paragraphs 2-28 above are incorporated herein by reference as if set out word-for-word on this page.
30. The NCAA requires that institutional control and responsibility for each member’s athletic program “shall be exercised by the institution itself.” NCAA Rule 6.01.1. Each school’s President or Chancellor bears ultimate responsibility, as noted in NCAA Rule 6.1.1:
6.1.1 President or Chancellor. A member institution's president
or chancellor has ultimate responsibility and final authority for the
conduct of the intercollegiate athletics program and actions of any
board in control of that program.
31. In this matter, the University of Kansas Chancellor, Bernadette Gray-Little, has played a very public and pivotal role in the investigation of the Dent allegations. It can be argued that, even if you look at only the public actions of the Chancellor, an investigation by the NCAA would be merited. The media reported:
LAWRENCE — From London, University of Kansas chancellor
Bernadette Gray-Little on Wednesday jumped into the contro-
versy surrounding Lew Perkins, saying a complete review of
allegations against the athletic director will be complete within
10 days.
"Although originating from a questionable source, several alle-
gations were raised in the media this weekend about Kansas
Athletics,” said Gray-Little, who is in London … this week.
"I urge that there not be a rush to judgment in the absence of
facts that support the allegations."(18)
32. As can be seen, with her very first words about the controversy, the KU Chancellor dismissed the source of the allegations as “questionable,” while in the same breath “urg[ing] that there not be a rush to judgment.”
33. What is arguably even more questionable is the Chancellor’s decision to have two (2) in-house assets attempt to investigate three (3) major and disparate allegations in only ten (10) working days. On top of that, Chancellor Bernadette Gray-Little accepted a report from the people she personally assigned to the case after only five (5) working days--even though her people acknowledged that they had not been able to interview William Dent about two of his charges.
34. In producing the findings of this whirlwind investigation, the Chancellor again clouded the issue by killing the messenger:
“Even though we may question the motivations of thesource, the
allegations were serious enough to warrant a detailed review. That
review has been completed and its results find no evidence to
sub-stantiate the allegations that were made,” said Gray-Little.(19) (emphasis added).
36. There is evidence, in the public record, that KU Chancellor Bernadette Gray-Little initiated a hasty, pre-tainted investigation that had no chance to uncover significant
evidence in the time allotted, and when a basic finding of the report was immediately placed into question, no follow-up investigation was instituted by the university.
37. Finally, University of Kansas basketball was placed on probation in 2006 and that probation was recently extended to 2009. History has to be considered in light of the current allegations, as well as the FBI investigation into ticketing activities in the Athletic Department.
VI. CONCLUSION/PRAYER FOR RELIEF.
38. There can be no doubt that instituting a thorough investigation of these allegations would require a tremendous amount of institutional courage. This is a trait the NCAA has shown with its recent actions involving the University of Southern California football team. Finding this type of institutional courage can be a challenge, as was seen on the high school level with Darrell Arthur. Dallas Superintendent Michael Hinojosa said, in dealing with the problem caused by Arthur’s ineligibility, “[I]t's the only thing, and it's the right thing to do.”(22)39. If the allegations contained herein merit an investigation by the National Collegiate Athletic Association, then that is the right thing to do. To do otherwise would be to un-level the playing field and create an unfair environment for the member universities that are actually playing by the rules. Institutions that play by the rules and refuse admission to non-qualifiers have a competitive disadvantage compared to schools that can choose from a pool of players that includes non-qualifiers.
40. We have posted various forms of this Complaint on collegiate basketball messageboards for approximately two-and-one-half (2½) months. Over 30,000 people have viewed the allegations and hundreds have commented. The charges were also linked at the most popular KU messageboard, phog.net, and even though the allegations were provided to the basketball community for comment these many months, not a single person, Kansas fan or otherwise, posted a comment providing a legitimate reason for the NCAA to not investigate the Dent claims.
WHEREFORE, PREMISES CONSIDERED, Petitioners respectfully pray the NCAA investigate the aforementioned allegations and render the appropriate punishment, if any.
____________________________________
(1) Topeka Capital-Journal link: http://cjonline.com/sports/basketball/2010-05-31/former_ku_employee_wanted_to_force_perkins_hand
(2) Associated Press & ESPN link: http://sports.espn.go.com/ncb/news/story?id=5269922
(3) CBS link: http://www.cbssports.com/collegebasketball/story/13501850/kansas-ad-perkins-cleared-of-wrongdoing-in-equipment-case
(4) LJW link: http://www2.ljworld.com/news/2010/jun/09/internal-review-clears-kus-perkins-wrongdoing/?city_local
(5) Pittsburg Morning-Sun link: http://www.morningsun.net/newsnow/x279410006/Newspaper-KU-athletic-director-claims-blackmail (“Months of correspondence between the former director, William Dent, and Perkins' attorney — much of which was forwarded by Dent to the Capital-Journal — indicates that Perkins was willing to pay Dent to keep information about the equipment private. Perkins eventually filed a police report, claiming he was being blackmailed.”)(emphasis added).
(6) Wichita Eagle link: http://www.kansas.com/2010/06/02/1341307/ku-chancellor-acknowledges-perkins.html
(7) Kansas City Star link: http://www.kansascity.com/2010/06/09/2005256/review-by-ku-clears-lew-perkins.html
(8) KU Chancellor News Release link: http://www.news.ku.edu/2010/june/9/report.shtml
(9) See id.
(10) See id.
(11) LJW link: http://www2.kusports.com/news/2010/jun/23/kansas-athletics-details-extent-seat-upgrade-medic/?more_like_this
(12) ESPN link: http://sports.espn.go.com/ncb/news/story?id=3399372
(13) Id.
(14) ESPN link: http://sports.espn.go.com/ncb/news/story?id=3635128
(15) Amarillo Globe-News link: http://amarillo.com/stories/022209/hss_12661949.shtml
(16) Kansas City Star link: http://www.kansascity.com/2010/10/19/2332590/commission-issues-complaint-against.html
(17) Sporting News link: http://www.sportingnews.com/ncaa-basketball/story/2008-05-15/ku-star-darrell-arthurs-eligibility-questioned
(18) Topeka Capital-Journal link: http://cjonline.com/news/2010-06-02/ku_begins_fast_track_probe
(19) KU News Release: http://www.news.ku.edu/2010/june/9/report.shtml
(20) Compare the Chancellor’s News Release: http://www.news.ku.edu/2010/june/9/report.shtml with The Lawrence Journal-World article: http://www2.kusports.com/news/2010/jun/23/kansas-athletics-details-extent-seat-upgrade-medic/?more_like_this
(21) Kansas City Star link: http://www.kansascity.com/2010/10/19/2332590/commission-issues-complaint-against.html
(22) Amarillo Globe-News link: http://amarillo.com/stories/022209/hss_12661949.shtml
