NCAA Hiding UNC Secrets From Law Enforcement

In a move that may speed up a formal Federal Government inquiry into the anti-trust exemption enjoyed by numerous, prominent college football schools, today the State of North Carolina sought an order from a Wake County (NC) Superior Court judge to force the NCAA to turn over unreleased evidence that it used in the investigation of the University of North Carolina football program.

NCAA hide documents from North Carolina law enforcement to save UNC, Itself?

(State of North Carolina: NCAA blocking law it asked state to create!)

Despite a subpoena ordering the release of specific evidence requested by North Carolina’s Secretary of State last July, the NCAA has repeatedly refused to provide any documents or recordings that could further impugn the University of North Carolina football program - or the NCAA itself.

Why does the State of North Carolina want the evidence that the NCAA cited to charge the UNC football program with nine major NCAA rules violations? (Allegations that ultimately led to the firing of athletic director Dick Baddour and head football coach Butch Davis.)

So State of North Carolina authorities can enforce the very same Uniform Athletes Agent Act that the NCAA itself lobbied the State of North Carolina to enact into law in 2000 - and currently touts on the NCAA.org website.

That flabbergasting fact was prominently noted in the North Carolina Secretary of State court filing today (pdf):

THE NCAA PETITIONED THE UNIFORM ATHLETE AGENTS ACT BUT FAILS TO COMPLY WITH ITS MANDATES

The Uniform Law Commissioners, formerly known as the National Conference of Commissioners on Uniform State Laws, drafted, approved, and recommended for enactment in all the states the Uniform Athlete Agents Act in 2000.

The Prefatory Note to the Uniform Athlete Agents Act, a true and accurate copy of which is attached hereto as Exhibit J, states that of the lack of uniformity and lack of reciprocity provisions in existing statutes, the NCAA and several universities asked the Conference to undertake the drafting of a Uniform Act . . .

The Drafting Committee [acting for the National Conference of Commissioners on Uniform State Laws] met over a period of three years and had valuable input from athlete agents, coaches, individuals responsible for administering existing acts, and representatives of the players associations of the National Football League, the National Hockey League, major league baseball and the NCAA.

As stated in the Prefatory Note to the Uniform Athlete Agents Act, the NCAA asked the Conference to undertake drafting the Act and provided valuable input. It appears that the NCAA advocated for enactment of these laws.

North Carolina adopted the Uniform Athlete Agents Act in 2003, S.L. 2003-375, legislative action placing it in N.C. Gen. Stat. Chapter 78C.

The two prior North Carolina Acts regulating athlete agents had also been placed in Chapter 78C and administered by the Secretary.

WHEREFORE, the Secretary prays the Court to enter an order compelling the NCAA to comply with the Subpoena Duces Tecum served upon it, assessing the costs of this action against the NCAA, and awarding all other relief permitted by law.

Translation: the NCAA won’t assist in enforcing a law that it played a pivotal role in enacting.

It’s one thing for a state-funded institution to block the media from accessing documents that are required by law to be made available to the public.

It’s quite another for the governing agency of those same state-funded institutions, the NCAA, to block the enforcement of a law that the governing agency itself helped create.

NCAA hide documents from North Carolina law enforcement to save UNC, Itself?

Wonder how the United States Federal Government, which provides that same governing agency, the NCAA, with an anti-trust exemption, feels about the NCAA now officially holding itself above the law?

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UNC Defends Player Plagiarism To NCAA - Twice!

Last month North Carolina’s football program was hit by a NCAA Notice of Allegations (NOA PDF) detailing nine major violations. Among the violations cited by the NCAA against UNC was academic fraud committed by Michael McAdoo during 2008-09.

Dick Baddour Defends Football Player's Plagiarism To NCAA

(#opposite day)

McAdoo was one of seven Tar Heels initially ruled ineligible by the school on Sept. 3, 2010, for academic wrongdoing and receiving improper benefits. In the aftermath of that initial suspension, North Carolina formally appealed to the NCAA twice for McAdoo’s reinstatement, with each appeal including a personal plea by UNC Athletic Director Dick Baddour.

But despite UNC repeatedly warring with the intercollegiate governing body over McAdoo’s academic status - and the University of North Carolina honor court clearing McAdoo last October to play for the Tar Heels in 2011 - the NCAA ruled McAdoo permanently ineligible on Jan. 27, 2011.

In response to that ruling, last Friday McAdoo filed a lawsuit in Durham Superior Court against the NCAA and UNC in a bid to have his football eligibility restored by the school. The NCAA acknowledged McAdoo’s lawsuit today, with a hearing for the case set for July 15 in Durham, North Carolina.

The heart of the NCAA’s case against McAdoo was a term paper the footaball player turned into a UNC African Studies class on July 13, 2009 titled, “The Evolution of Swahili Culture on the East Coast of Africa From 1AD to the Present.” (PDF - Page 127)

In twice upholding its permanent ban of McAdoo’s playing status, the NCAA confirmed that McAdoo received “impermissible assistance on multiple assignments across several academic terms” from tutor Jennifer Wiley while specifically citing Wiley for adding footnotes and a bibliography to McAdoo’s African Studies paper.

After North Carolina first suspended McAdoo on Sept. 3, 2010, the school appealed to the NCAA to have his eligibility restored in a Sept. 28, 2010, letter from North Carolina Athletic Director Dick Baddour. In his plea to the NCAA on behalf of McAdoo, Baddour wrote:

He (McAdoo) stated that the writing throughout all of these papers was his, aside from the minor corrections (described above), references, and citations that she (Tutor A, aka Wiley) would make.

After Baddour’s reinstatement request to the NCAA on behalf of McAdoo, on Oct. 14, 2010, the UNC honor court reinstated McAdoo’s football eligibility - at least from the school’s perspective - for the 2011 season.

The NCAA denied McAdoo’s intial appeal by UNC AD Baddour in late November, so the school once again appealed to have McAdoo’s eligibility restored during a December 14, 2010, conference call with NCAA officials.
During his reinstatement hearing with NCAA officials, McAdoo said of assistance he received on his African Studies term paper from Wiley:

“Uh, well, like I say, I’d, , uh, I guess we’re referring to the Swahili 402 paper and my, so I’m just gonna start by saying, I wasn’t assigned to that tutor at first. I had another tutor so i mean I worked on the paper but when, um when it got toward the end I sent her the paper or whatever and she reached out and I mean, just help like that.

“I just wanted her to look over my work. Check it for grammar, make sure my ideas made sense and check my citations so I would not be plagiarizing.”

Also during McAdoo’s hearing, Steve Keadey of the University of North Carolina Legal Counsel Office made the following remarks to NCAA officials:

“So what happened here was Michael completed his Swahili paper then he asked Jennifer for help with the citations and as I think you will hear he wanted help because he was worried about plagiarism; he knew that you have to cite ideas that are not yours.

“Michael was concerned about his academic responsibility. He was worried about plagiarism and is keeping faith with academic mission of his time in college.

This work reflects his ideas exclusively. It is not a rip off. This really is his work.”

Had Keadey taken less than a minute to google much of the text contained in McAdoo’s African Studies paper, he would’ve found that the exact opposite was true.

Michael McAdoo plagiarism

Beginning on page 126 of documents recently posted by the RALEIGH NEWS & OBSERVER, you can find the text of McAdoo’s entire African Studies paper. A quick, basic search of the text in McAdoo’s paper revealed that much of what was presented as the UNC football player’s work was instead copied and pasted word-for-word from other academic works previously posted on the web.

Now for the bizarre part: McAdoo’s paper cited the sources from which huge swaths of exact text were lifted.

In other words, McAdoo, tutor Wiley (and apparently Baddour, Keadey, other UNC officials and the UNC honor court) thought it was okay to plagiarize long passages from other academic works so long as they footnoted the source!

Below is three quick examples that took less than five minutes to find via Google.com. Read more…