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Findings for former Louisville program assistant vacated

Download the April 2018 Former Louisville Basketball Program Assistant Public Appeal Decision

The NCAA Division I Infractions Appeals Committee overturned a NCAA Division I Committee on Infractions finding that a former Louisville men’s basketball program assistant did not fully cooperate with an investigation. As a result, the former program assistant is not subject to a one-year show-cause order.

In the Committee on Infractions’ decision, the panel found that the former program assistant failed to fully cooperate with the investigation when he did not provide requested phone records to the enforcement staff. The panel found the records in question were relevant to the investigation and could have helped determine if the former program assistant was involved in violations after the former director of basketball operations took a new job at a different school. 

In his appeal, the former program assistant argued the appeals committee should overturn the finding that he did not cooperate. During the investigation and just prior to the Committee on Infractions’ hearing, he stated he could not produce the records because the phone was in his mother’s name and she did not consent.

In its decision, the appeals committee determined the phone records were not the former program assistant’s documents to produce and the case record showed full cooperation otherwise. The committee acknowledged the importance of cooperation during investigations to the infractions process. However, it noted that a finding of a failure to cooperate should not extend to a situation where the individual cooperates with all other requests except the production of records that are not the individual’s to produce and there is no indication the individual entered into an arrangement with someone as a means to shield job-related information from scrutiny. 

The members of the Infractions Appeals Committee who heard this case were Jack Friedenthal, professor emeritus at George Washington; W. Anthony Jenkins, attorney in private practice; Patti Ohlendorf, vice president for legal affairs at Texas; and David Williams, committee chair and vice chancellor for athletics and university affairs and athletics director at Vanderbilt.