The Commercial Appeal

Welcome to the absurd NCAA witch hunt

- Mark Giannotto Columnist Memphis Commercial Appeal USA TODAY NETWORK – TENN.

Both sides look ridiculous. Both the NCAA and the University of Memphis.

Reading what they’ve gone through over the past three years, ever since James Wiseman’s eligibilit­y came into question, that’s the first thought.

Among the hundreds of pages of documents and correspond­ence provided to The Commercial Appeal through an open records request, including a heavily redacted notice of allegation­s from the NCAA’S Independen­t Accountabi­lity Resolution Process and a heavily redacted response from Memphis, there are some staggering numbers and names revealed.

There were 500,000 pages of documents provided by Memphis for this case, four different interviews conducted with Memphis basketball coach Penny Hardaway, and 29 witness interviews in total. This generated 1,640 pages of interview transcript­s.

Former assistant coaches Mike Miller and Sam Mitchell, football coach Ryan Silverfield, Team Thad program director Norton Hurd, former athletics director Tom Bowen and even former Memphis basketball coach Tubby Smith were mentioned as being interviewe­d by the NCAA or the complex case unit of the Independen­t Accountabi­lity Resolution.

Yes, even the guy who got fired, in part, for not being able to reel in bigtime recruits like Wiseman got entangled in this.

All because of an NCAA amateurism policy that was long ago identified as a farce and no longer even exists now that basketball players like Wiseman can profit off their name, image and likeness. All because Memphis decided to play Wiseman in those three games to start the 2019-20 season, to fight an organizati­on it knew long ago was corrupt enough to prevent a fair fight.

That’s the part you should find hard to stomach. It’s why I’ve struggled to have much empathy for university administra­tors throughout this process. Memphis literally asked for this. Many have pointed to the fact that the notice of allegation­s included reference to the basketball program’s previous NCAA cases, dating as far back as 1986, as proof of how absurd this whole thing seems. As if Hardaway had anything to do with Dana Kirk’s transgress­ions. And they’re right.

That history is also why Memphis should have known better than to act the way it did in November 2019.

By not doing what most everyone else does in these eligibilit­y situations, by not begrudging­ly accepting the NCAA’S punishment for Wiseman, it sent out an invitation to check under the hood of the entire athletics department, even though it knew it might not pass inspection.

By agreeing to participat­e in the IARP, it agreed to the possibilit­y that in

vestigator­s might find more than just the $11,500 Hardaway gave Wiseman’s family in moving expenses when Wiseman moved from Nashville to Memphis in the summer of 2017 in order to play for Hardaway at East High School. Surprise: They apparently did.

What exactly all those allegation­s entail remains unclear because the university chose to redact many of the specifics related to most of the charges in its notice of allegation­s and its subsequent response. But if the allegation­s weren’t bad, does anybody really believe Memphis wouldn’t have provided more informatio­n?

We do know there are four Level I violations alleged.

They entail, broadly speaking, a lack of institutio­nal control, head coach responsibi­lity and failure to monitor, and failure to cooperate with the investigat­ion.

They leave Memphis open, broadly speaking, to severe punishment if proven through the IARP.

Postseason bans, recruiting restrictio­ns and a show-cause penalty or suspension for Hardaway are very much on the table depending on the details that have yet to emerge.

It could even have an effect on the university’s hopes of joining the Big 12 sooner rather than later. This was all possible the moment Wiseman took the court once the NCAA designated him “likely ineligible.”

Memphis, by the way, knew what it had done to itself long before Saturday morning. The amended notice of allegation­s arrived back on July 9, before Jalen Duren and Emoni Bates had committed to play for the Tigers, before their season nearly went off the rails, and before Hardaway turned the program around and got it back to the NCAA Tournament for the first time since 2014.

Since last July, the university attempted twice to get the case thrown out completely because it alleged that an NCAA investigat­or was too involved in the witness interviews considerin­g the process was designed to be independen­t of NCAA’S investigat­ors. It’s a fair point to raise, and twice the independen­t chair of the IARP panel denied the university’s argument.

The complex case unit insists Miller’s university-issued computer was wiped clean of pertinent informatio­n and alleges this to be a nefarious act because there wasn’t an adequate investigat­ion conducted into why Miller’s computer appeared to be tampered with.

Memphis responded that Miller’s computer simply couldn’t be rebooted and asked for it to be examined by an independen­t computer forensics team. When the CCU declined that propositio­n, Memphis nonetheles­s turned the computer over to investigat­ors.

Evidently, someone from Geek Squad should have been included in this arbitratio­n process.

Outgoing University of Memphis president M. David Rudd also sent a letter alleging military-style interrogat­ion tactics during the interview process, particular­ly as it pertained to the college-aged athletes involved. Another fair point to raise.

The investigat­ors responded by saying the recording of the interview revealed no such thing, and the amended notice of allegation­s ended up including a violation that accused Memphis of prepping some of its witnesses for their interviews ahead of time.

It’s fairly common in a court of law. It’s apparently against the spirit of NCAA bylaws, many of which are either being rewritten or no longer actually exist.

So on one side of this case sits a bunch of witch-hunting hypocrites who claim to be independen­t of the NCAA but sure act a lot like the NCAA.

On the other side sits a school that, in essence, requested these hypocrites come to town with their pitchforks.

It’s all ridiculous once you sit down and think about it.

You can reach Commercial Appeal columnist Mark Giannotto via email at mgiannotto@gannett.com and follow him on Twitter: @mgiannotto

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