KU asks for ‘alternative resolution’ of NCAA basketball case — with Big 12’s support
Kansas Athletics requested an “alternative resolution” for its NCAA infractions case, with Big 12 commissioner Bob Bowlsby offering support for that outcome, according to timeline updates on the Independent Accountability Resolution Process’ website.
The NCAA in 2019 alleged five Level I violations against the Kansas men’s basketball program and coach Bill Self that center around payments made by representatives of Adidas, KU’s apparel sponsor, to prospective recruits. The newest IARP timeline entries reveal that much of the case’s progress recently has been discussion of the two sides looking into a potential resolution.
At this point, though, the log doesn’t further define that path or state whether it was accepted, which means the exact implications remain unclear.
On Oct. 5, 2021, the Complex Case Unit (CCU) — the external investigators for KU’s matter — “submitted proposed draft procedures for an alternative method for the resolution of the case to the chief panel member,” according to the log.
The next day, on Oct. 6, the CCU “submitted a draft version of a second amended notice of allegations.”
The Star requested an amended notice of allegations via an open records request on Oct. 8. KU denied that request on Oct. 14, claiming Kansas law provided immunity to produce documents between a public agency and private individuals, while saying “IARP as a process of the NCAA and its representatives are private parties for the purpose of the exemption at issue.”
Other notable entries from the IARP website log:
• Oct. 7: KU “submitted the Complex Case Unit and the parties’ position on the authority to allow the parties to participate in an alternative method for the resolution.”
• Nov. 3: KU and the CCU provided a “joint update that included additional information regarding the parties’ request.” That same day, “the commissioner of the Big XII conference submitted a letter outlining his support for the parties’ request.”
• Nov. 29: The chief panel member “provided a determination regarding the parties’ request,” though the log did not state whether the proposed resolution was accepted.
• Dec. 7: “The chief panel held a case management plan status conference.”
When asked for clarification about the chief panel member “providing a determination” on the request, IARP spokeswoman Amy Hanna told The Star that case timelines are procedural and do not contain any details or substance on pending cases “to protect the integrity of the IARP.” Hanna said further information on the chief panel member’s determination could potentially appear in future timeline updates.
A negotiated conclusion, at one point, did not appear to be a path for cases that were set to be decided by the IARP.
In May 2020, The Star interviewed then-NCAA VP of Hearing Operations Naima Stevenson Starks, who said, “Once you get into the independent structure, then you are moving towards a hearing ultimately.”
It was possible, Stevenson Starks told The Star, for a school like KU to agree with certain allegations at its hearing. That potentially would make the job of the Independent Review Panel (IRP) — the group that conducts the hearing, decides the case and prescribes penalties — easier, as it wouldn’t have to settle as many disputes.
Negotiated resolutions, though, were not available once a case enters the IARP, Stevenson Starks said then, reiterating the process would move toward a hearing that concluded with the IRP deciding the case.
Derrick Crawford replaced Stevenson Starks as NCAA’s VP of Hearing Operations in May 2021.
The IARP began updating its case timelines in fall 2021 after the NCAA passed emergency legislation for their approval. Crawford told The Star in August 2021 that he was hopeful the change “sheds some light on what’s been going on” with the cases.
“This is a membership organization. We work for the members,” Crawford said in August. “And I want them to have trust in the process and believe in it and that it’s credible.”
The NCAA was forceful in its allegations against both Self and assistant Kurtis Townsend in September 2019, as evidenced in one line that stated the two KU basketball staff members, along with Adidas representatives, “intentionally and willfully engaged in NCAA violations and blatantly disregarded the NCAA constitution and bylaws.”
Self and his attorneys fought back then with powerful statements of their own. Scott Tompsett, one of Self’s lawyers, said, “The NCAA has alleged that Coach Self did not exercise appropriate due care in the management of his program. We will vigorously dispute that allegation.”
The NCAA announced in July 2020 that KU’s case would be heard by the IARP. This new process has basically no precedent; NC State is the only school to have a case decided through this track, as it was given one year of probation among other penalties while avoiding a postseason ban following the completion of its matter last month.
