‘No magic, no miracles’
Hardaway, his attorney react to IARP ruling
Don Jackson was at dinner with his son in Leeds, England, when Tuesday’s news interrupted the main course.
“Lobster and seafood linguine,” he said.
But Jackson, the lawyer for Memphis basketball coach Penny Hardaway throughout the years-long NCAA infractions investigation that concluded Tuesday, welcomed the break. That’s because the announcement that came midmeal was the closest thing to a best-case scenario for his client.
No postseason ban for Memphis. No suspension for Hardaway.
“All caps,” Jackson began. “All caps.
One thing in all caps: I’M THRILLED AND RELIEVED. I’m thrilled for coach Hardaway that he can finally put all of this behind him and focus on coaching his team. He’s been vindicated.”
For more than a year, Hardaway and the Tigers stood accused of multiple Level I NCAA violations, as well Level II violations. As a result, Hardaway seemed to be running toward any number of severe outcomes – from suspension to recruiting sanctions to a hefty fine, not to mention the possibility of his program being banned from postseason play.
On Tuesday, however, it was decided only four Level II and five Level III violations occurred, signaling that infractions occurred but not in a way as egregious as once thought. The prescribed penalties include a $5,000 fine for the university, three years of probation for the men’s basketball program and the vacation of two wins that former star center James Wiseman participated in during the 2019-20 season after being ruled ineligible by the NCAA.
“Our University and athletic department leadership worked tirelessly to help present the facts of our case,” Hardaway said in a statement. “I am thankful to the IARP for allowing us to present those facts and making its decision based on the facts. It’s now time to put all of this behind us. Brighter days are ahead, and we cannot wait to share in future successes as one Memphis.”
Hugh Fraser, chief member of the IARP’S final hearing panel for Memphis’ case, outlined the panel’s rationale behind the outcome.
“The failures in this case were primarily the results of decisions and actions within the institution’s leadership at the time,” he said. “Accordingly, the penalties prescribed by the Independent Resolutions Panel, focused on the institution. Our intention was to impact those with greater culpability for the key violations we are discussing today.”
When Jackson was retained as Hardaway’s attorney, his first order of business was reading Wayne B. Drash’s 2014 book, “On These Courts: A Miracle Season that Changed a City, a Once-future Star, and a Team Forever.” The book chronicles Hardaway’s return to Memphis following his NBA career and his decision to give back to young people in his hometown by coaching basketball.
Jackson said that book made clear to him the substance of Hardaway’s character.
“And, frankly, the decision was reflective of that,” said Jackson. “The things he’s done in Memphis have nothing to do with basketball. He’s been a major philanthropist and role model in the community ever since he got drafted in 1993.”
Jackson referenced the keynote speech Hardaway delivered earlier this month at the Southern Heritage Classic coaches’ luncheon at the Renasant Convention Center in Memphis. Hardaway went into detail about various aspects of his life story, including what motivated him to come back to Memphis and offer assistance to those in need.
“Now I’m here and I’m getting in trouble for doing what I just told y’all I did,” Hardaway said during his speech. “I mean, we got a group of people who are judging me as if I did that for monetary purposes. Not (that I did it) from the heart. I did all that from the heart.”
Hardaway continued, saying he was recently reminded of a sermon from Rev. Gary Faulkner at the Cummings Street Missionary Baptist Church.
“He put like 10,000 sheets — I mean, it was a bunch of sheets — of copying paper on the stage one Sunday,” said Hardaway, who will start his fifth season as Tigers coach on Nov. 7 at Vanderbilt. “He said, ‘This is my life story on all these sheets of paper, but y’all wanna grab one sheet and judge me from one sheet instead of understanding what the whole story is?’ So, we’re in that battle.”
That battle is now over, thanks in large part to Jackson. He was there on May 20 and 21, when the final hearing took place in Atlanta. While he declined to go into specifics about what transpired there during that 48-hour window, he believes Tuesday’s conclusion underscores the system works when NCAA legislation is applied to the presentation of facts.
“No magic, no miracles on this side,” said Jackson. “My effectiveness hinges on the character of my clients and I had a client in this case that has impeccable character. So, there was nothing magical. It wasn’t a miracle. I had a client that was honest and open about his relationship with the community. His speech (at the Southern Heritage Classic) was a summary of his defense. We laid out the facts. His philanthropy (in Memphis) predated his time as a booster at the university. We are grateful that the panel carefully, efficiently and critically analyzed all the issues here.”
Reach sports writer Jason Munz at jason.munz@commercialappeal.com