U of M faces multiple NCAA charges
Probe alleges Level I and Level II violations
The scope of the Independent Accountability Resolution Process investigation into the University of Memphis athletic department appears to extend beyond simply former player James Wiseman's eligibility status, according to documents obtained by The Commercial Appeal through an open records request.
Memphis is facing at least four Level I and two Level II violations, according to an amended notice of allegations it received on July 9, 2021. Level I and Level II violations are considered the most serious of the NCAA'S fourlevel violation structure.
The amended notice of allegations outlines seven separate violations in total, which are reported to have occurred between May 2019 and February 2021. It includes violations of NCAA clauses related to lack of institutional control, head coach responsibility and failure to monitor.
It alleges coach Penny Hardaway "failed to demonstrate that he promoted an atmosphere of compliance within the men's basketball program." Hardaway is charged with involvement in one Level I violation and two Level II violations, the specifics of which are redacted.
Also, the amended notice of allegations charges that data from a computer hard drive belonging to a former assistant coach was not preserved. The university's response indicated the computer belonged to Mike Miller.
"A subsequent forensic examination revealed that the former assistant men's basketball coach's computer hard drive was formatted on June 5, 2020, and as a result, the data on the computer was deleted," the amended
notice of allegations states. "The Institution failed to conduct an adequate investigation into why the computer's hard drive was not preserved."
Hardaway, 50, just completed his fourth season at Memphis and has a record of 85-43. The Tigers made the NCAA Tournament this season for the first time since 2014, defeating Boise State in the first round before losing to No. 1 overall seed Gonzaga last week. Memphis played in the National Invitation Tournament in 2018-19 and won the NIT title in 2021.
The university's response also made reference to accusations levied against its football program. The school contended in its response that the football program has not been charged with any violations.
"The University of Memphis is not permitted to comment due to the ongoing IARP process," the university said in a statement released Saturday.
Many of the specific details and allegations included in the documents were heavily redacted by the university.
The university – in its response to the IARP – either categorically denied the allegations entirely or contended the allegations did not merit Level I designation.
“The facts do not demonstrate a lack of control, a failure to monitor, a failure to cooperate, or a lack of (redacted) responsibility," the university wrote in its response, dated Oct. 25, 2021. “Finally, the NOA contains no specific facts, and it is the specific facts that are imperative for the resolution of this matter."
The amended notice of allegations cites a number of specific instances in support of the Complex Case Unit's claims.
“The Institution failed to timely produce requested and relevant documents," the amended notice of allegations reads. "Specifically, on August 26, 2020, the CCU submitted document requests to the Institution seeking various categories of documents including but not limited to communications and text messages of the Institution's men's basketball staff, (redacted).
“The Institution failed to protect the integrity of the CCU'S investigation and obstructed the CCU'S investigation. … significantly delayed the scheduling of interviews and scheduled “prep” sessions (redacted) at least one athletics administrator in the days preceding scheduled CCU interviews demonstrating a lack of commitment to cooperation and a disregard for NCAA directives to avoid communicating with individuals about the subject matter of the investigation prior to being interviewed."
Memphis, in the conclusion of its response to the amended notice of allegations, stood firm in its position.
“UM has presented facts that show institutional control, ongoing and appropriate monitoring, cooperation, a culture of compliance, and head coach responsibility," the letter stated. "UM understands the magnitude of this process and looks forward to presenting the above and additional facts at the hearing.”
Also included in the amended notice of allegations, the CCU lists a number of both potential aggravating and mitigating factors. The primary aggravating factor laid out is Memphis' "history of Level I or Level II or major violations" dating from 1986 to 2009.
Among the potential mitigating factors are an established history of selfreporting Level III or secondary violations and the fact that Hardaway has no prior Level I, Level II or major violations.
Hardaway was hired March 20, 2018. On Nov. 22, 2019, the NCAA'S director of enforcement Jonathan Duncan emailed Grace Calhoun, chair of the Division I Council and chair of the infractions referral committee, his request that Memphis' case be sent to the IARP.
“… the enforcement staff respectfully suggests that the independent structure was created for cases exactly like this one," Duncan wrote.
The university, in a letter from its legal representation (Memphis-based Ogletree, Deakins, Nash, Smoak & Stewart, P.C.) on Jan. 15, 2020, wrote: “… while the University may not agree with some of the assertions in the Association's referral letter, it wholeheartedly supports the referral request, albeit for different reasons.”
Reach sports writer Jason Munz at jason.munz@commercialappeal.com or on Twitter @munzly.