Arizona has released the NCAA Notice of Allegations it received back in October at the end of a lengthy investigation by the organizations enforcement staff. Several items contained within the NOA had already been previously reported, however a judge ruled earlier this week that the university must make the document public after a lawsuit was filed by ESPN in Arizona Superior Court.
UA had refused a Freedom of Information Act request from the media outlet citing its desire to "protect the integrity of the ongoing enforcement process" as the reason for not making the NOA public soon after it was presented to the university.
The newly-released NOA confirms that the NCAA is alleging Arizona committed five Level I violations. Four of them are specific to the UA men's basketball program. The other Level I violation alleges the university "failed to exercise institutional control" from the period of March 2016 through September 2019.
Also included in the NOA are allegations of two Level II violations by the UA swimming and diving program.
Level I violations are considered the most severe among the NCAA and carry the largest potential punishments.
Arizona has already had a request approved to have its case referred to the new Independent Accountability Resolution Process (IARP), which is in place to review cases involving complex infractions and is an alternative for programs looking for a resolution from an entity other than the NCAA Committee on Infractions. Up to this point a handful of schools have also had their requests approved, but the IARP panel has not yet reached a resolution in the cases that involve Kansas, Memphis or NC State. Louisville also recently received approval of its request for an IARP review of its case.
While the involvement Emanuel "Book" Richardson in a bribery scheme that eventually landed the former UA assistant coach in prison is included in the NOA, it is only part of the allegations being made against Arizona by the NCAA.
Here is a more detailed look at what violations the NCAA is alleging Arizona committed over a three-year span.
• Academic misconduct by former assistant coaches Richardson and Mark Phelps for arranging false transcripts for two Arizona recruits. (Level I, show-cause recommendation for Richardson and Phelps)
• Breach of conduct for Richardson stemming from his involvement in a bribery scheme in which he accepted $20,000 to guide UA players toward using a management company launched by disgraced former sports agent Christian Dawkins upon completion of their time at the school. (Level I, show-cause recommendation for Richardson)
• Breach of conduct for Phelps for providing a player with impermissible benefits in the form of a $500 loan for a plane ticket (Level II, show-cause recommendation for Phelps)
• Ethical conduct violation for Phelps instructing a player to delete text messages regarding the impermissible benefit in addition to providing "false or misleading information" by denying his role in arranging for falsified transcripts for an Arizona recruit. (Level I, show-cause recommendation for Phelps)
• Recruiting violation for Phelps after it is alleged that he sent a text message to an Arizona player asking for assistance in recruiting two prospects at the Adidas Nations event. (Level III)
• Head coach responsibility violation for men's basketball coach Sean Miller for his failure to promote 'an atmosphere of compliance" and closely monitor his staff from March 2016 to September 2017. (Level I)
• Failure to demonstrate institutional control by Arizona stemming from the violations by the men's basketball program and swimming and diving program. (Level I)
Kansas is the other program that was involved with the FBI's case that also received five Level I violations from the NCAA in its notice of allegations.
Though the number is certainly significant and could carry a heavy punishment, it should be noted that there was no show-cause recommendation for Miller listed in the NOA.
There are several aggravating factors included with Arizona's notice of allegations including a failure to cooperate with the investigation and a compromising of the "integrity of the investigation" by UA.
Among the aggravating factors is a note about UA's outside counsel and head of compliance conducting an unrecorded interview with Richardson in May 2019 that it did not notify the NCAA about first. The NCAA says the interview was conducted at the direction of president Robert C. Robbins.
The aggravating factors could come into play whenever a potential punishment is decided by the IARP. Aggravated violations can carry a heavier penalty.
Arizona moved to self-impose a postseason ban for the 2020-21 season leaving the Wildcats on the outside looking in at the Pac-12 Tournament and NCAA Tournament this year. Adding to the complexity of the ongoing case is the fact that Miller is now entering the final year of his current contract.
Outside of a brief mention during a radio interview, there has been no public comment regarding Miller's status nor the notice of allegations from UA athletic director Dave Heeke.
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