Saturday, July 30, 2011

Healthy Anger

I have avoided posting because I was afraid of what I might write and that my raw emotion would prevent me for conveying my true intent.  I also wanted to wait for Holden Thorp's explanation press conference before I jumped to any conclusions.  After watching the press conference, I needed another cooling off period.  "Woosah.  Woooooooooosssssaaaahhhhhhhhhhh.  Wooooooooooooooooooooossssssssssaaaaaaahhhhhhhhhhhhh."

Now that I have had enough time for reflection and feel that I can rationally approach the situation, these are my thoughts and an outline for a plan of action.

The Chancellor:  Holden Thorp Must Go

Holden Thorp must go.  The way that he has handled this situation has undermined any confidence I have in his leadership abilities.  There are three big reasons that Thorp must go.

1 - Dividing the Fan Base.
The biggest crime in his actions is the fragmentation of the fan base.  For simplicity sake, there are three factions among Tar Heel Nation:  (1) Academia, (2) Basketball-Centric, and (3) UNC-Supporters.  Academia is a small, yet vocal, minority that feels that UNC is deserving of Ivy League consideration for academics and that all other endeavors that are not related to research are superfluous.  This is a very small minority that does not view UNC as the public institution that it is, the institution of the people, but views it as a small elite east coast school like that of the so many private liberal arts schools that barely register on national scale but cost upwards of $50,000 a year.  They support Coach Davis's firing because athletics detracts from the primary mission statement of the University, academics, and this situation has harmed UNC's image of academic integrity.  More on why that is ridiculous later.

A larger and more powerful subset is the Basketball-Centric Art Chansky crowd.  This is a group that I will never understand.  Their point-of-view is that basketball is the only thing that matters and do not want any other sport threatening its place of importance with the University.  As a result, they are very resistant to football.  The revenue that is generated by football eclipses basketball.  Last year, the total revenue generated by the football team was almost equal to the revenue generated by the basketball team, even with a 8-5 team facing NCAA issues.  Money equals power, right?  Thus, as the stature of UNC football grows, the threat to UNC basketball grows for the Basketball-Centric crowd.  It is a curious position.  However, the segment of Tar Heel Nation is quietly patting itself on the back and proclaiming its for the best that Coach Davis was let go.

I support UNC and I support UNC in all sports.  The UNC Supporters is the largest of the three.  Athletic success is a tide that raises all ships, especially football.  The revenue it has the potential to generate can subsidize the non-revenue generating sports that are now in danger.  We want football success because of its importance as an American sport.  Thorp's actions have been perceived as an assault on UNC's emphasis of football and that has really upset a large portion of the more passionate fan base. Thorp's actions have created a deep chasm between the Basketball-Centric Art Chansky crowd and those that love fall Saturdays in Chapel Hill.

Leadership fails when it divides those that should be bound by a common goal and love for the University of North Carolina at Chapel Hill.

2 - Thorp is Ultimately Responsible for Academics at UNC, not a football coach
From The Laurenburg Exchange's Cheap Seats:
Thorp’s dismissal of Davis to save UNC’s academic reputation is a farce at the greatest level.
The Chancellor, who squirmed his way through Thursday morning’s press conference preaching academic sustainability and honor, showed his true character, or lack thereof, yesterday with the reason behind Davis’ dismissal.
A man sent to save honor can not do so without having honor himself.
Instead of Thorp manning up and taking responsibility for the institution’s error in academic judgment, Davis was pushed onto the sword by men who once stood by his side, taking the downfall for Thorp’s lack of leadership and accountability on the academic side of the investigation
Davis was culpable for what his players did off the field. Accepting extra benefits, whether monetary or academic, should be punishable.
Whether or not he should have been fired is a different question which falls solely on Thorp, but the timing of the firing is an outright disgrace to the university’s fans and players, and if anyone should be held accountable for their actions, it should be Thorp for allowing the academic side of the university to fail its students.
Academic misconduct
Thorp cited that the continued attacks on the university’s academic reputation were the prevailing factors contributing to Davis’ dismissal, stemming from the conduct of players and former tutor Jennifer Wiley.
An investigation into Wiley’s relationship with players found that she gave players extra benefits after she joined UNC’s academic support team spearheaded by the university’s College of Arts and Sciences.
The Dean of the College of Arts and Sciences at the time of Wiley’s recommendation? Mr. Holden Thorp.
Fast forward to just a few months ago when it was found that former UNC defensive lineman Michael McAdoo plagiarized almost 70 percent of a paper that the university reviewed. McAdoo was found guilty by the honor court for improper citation, but was not dismissed. Thorp gave his support for McAdoo’s appeal to the NCAA after reviewing the paper, and again, Thorp and the academic department of the university goofed by not realizing that the majority of the paper was indeed copied.
The embarrassment of the McAdoo lawsuit and Thorp’s continued blunders were too much for his ego to endure, and Thorp continued to wipe egg after egg off his face while providing evidence that he was unfit to lead one of the university’s highest positions.
So for Thorp’s misfortunes, Davis will take the blame, despite the academic indiscretions that Thorp himself failed to recognize.
Firing a football coach will help clean up the academic improprieties that so plague the university and devalue the UNC degree, right? The half dozen or so football players who were found guilty of academic violations are enough to bring down a historic university that has been handing out exceptional educations for over 200 years, right?
A leader making the call for integrity when he possesses a broken moral compass can not, and should not, captain the ship.
3 - The Economic Impact at a Time of Financial Crisis.
Per Jonathon Jones for SI.com, Butch Davis' firing will deliver a major financial blow to UNC:
Kenan Stadium used to be unlike any other stadium in the country. Pine trees were literally inside the stadium. The Kenan Field House, built in the 1920s, still had that terra cotta roof in the east end zone. You could see the stands and part of the field if you stood at nearby Rams Plaza, with the videoboard obstructing just enough of view to force you to buy a ticket.

That all changed last year when North Carolina's booster club funded the $70 million project for a massive brick structure that added a student-athlete center for excellence and 3,000 swanky seats for some of the more fortunate UNC fans.

The House that Butch Built, people have called it. The Butch Mahal. Davis Towers. Call it what you want, but before Davis wrapped up his first season with the Tar Heels -- a 4-8 campaign in 2007 -- he had already made plans to build a major addition to scenic Kenan Stadium with his contract extension through the 2014 season.

The Blue Zone is now finished, and despite a flurry of NCAA violations that jeopardized the program's immediate future, fans were still buying seats to see Davis lead the Tar Heels to what they hoped would be national prominence. So when Chancellor Holden Thorp announced Wednesday that he had fired Davis after leading the program into a year-long scandal that ranged from improper agent benefits to academic cheating, he not only was left to foot Davis' $2.7 million contract buyout, but also the millions tied up in the Blue Zone that have yet to be paid.
I have addressed why this will drive an aggressive coaching search following the season.  Butch's firing could become a major financial disaster for the University.  Thorp improperly characterized the total cost at $2.7 million.  It far exceeds that.  The anger this decision has generated is seriously effecting fund raising for both athletics as well as academics.  A chancellor's number one priority is fundraising and oversight.  Thorp has seriously compromised his ability to raise funds with his handling of this situation and his oversight and leadership abilities are questionable at best.  Holden Thorp is a lame duck at this point, whether he realizes it or not.  He must go.

Potential replacement?  I don't know who a viable candidate for chancellor would be, but I do know I want someone that is more than an academic.  I would like to see someone with a business background that understands that the University is ultimately a business and understands how to meet those needs.  The Chancellor must be able to raise money and raise money and raise more money as well as be taken seriously by the faculty.  I have one suggestion and I doubt it is something he has ever considered:

Doug Shackelford
Doug Shackelford
Associate Dean of MBA@UNC and 
Meade H. Willis Distinguished Professor of Taxation

Shackelford is a Tar Heel and he has experience as a Dean.  Further, he has experience dealing with the pettiness that comes for the various factions of acadamia, but understands how important athletics are to a university like North Carolina.  Shackelford is a good public speaker and very personable, both of which are very important attributes the next chancellor should have that Thorp does not.  Additionally, there is no doubting his bonafides.  Shackelford "is a research associate in public economics at the National Bureau of Economic Research in Cambridge, Mass., and has published widely in accounting, economics and finance journals. He has held visiting faculty positions at Stanford University and Universiteit Maastricht in the Netherlands. . . .  He received his PhD from the University of Michigan and his BS from UNC-Chapel Hill."  Like I said, I don't know if he would even have any interest in the position, but he is the kind of candidate I would like to see move into the South Building. 

The Athletic Director

First of all, Dick Baddour retired out of protest to Holden Thorp's actions.  He is not being forced out, but he has too much love and respect for UNC to make the internal struggle public.  He is not perfect, but he is a great Tar Heel and has represented the University very well in his many years of service.  Thorp has done a great disservice to a man that has dedicated his life to UNC by trying to destroy what should have been Baddour's crowning achievement with Butch Davis and the Blue Zone.  

As for a replacement, some of the names that have been mentioned are Mack Brown, Jim Delaney, Norwood Teague, Chris Hyman, Larry Gallo, ect.  I am not interested in chasing my tail, so most of these names are non-starters.  While feelers should be sent out, Mack Brown is still coaching.  If he has another tough year at Texas, he could be more prone to an administrative move and I would be very, very excited to have him back in Chapel Hill.  Jim Delaney is busy sacrificing college sports to the benefit of the Big 10.  Norwood Teague would never get a chance because Roy Williams would not support the hire.  Chris Hyman could be interesting, but he has bad mouthed UNC football in the past and that doesn't sit well with me.  Larry Gallo would be an internal hire and I don't think that is the direction we need to go.  There is no question that the next AD needs to come externally, but still be a Tar Heel.  It is my hope that we go after Charles Waddell.
Charles Waddell
Charles Waddell joined the South Carolina staff as an associate athletics director in February 2006. Prior to his appointment, Waddell served as vice chancellor of advancement at Fayetteville State. Waddell, a former three-sport standout at North Carolina, boasts an impressive and wide-ranging résumé.
Waddell oversees the athletics department's policies and procedures, travel and the sports medicine program and coordinates special projects. Additionally, he serves as an administrator to women's basketball, track and field, and swimming and diving.
At Fayetteville State, he was responsible for all development- and fundraising-related matters and for the planning and organization of university relations and public affairs programs. He worked in close partnership with the chancellor and members of the Board of Trustees on all development efforts, including the cultivation of individual donors, foundations and corporate sponsors.
Waddell spent nearly 10 years of his professional career as the Director of Marketing and Sponsorships for Richardson Sports in Charlotte, where he was responsible for the advertising and corporate sponsorships for the Carolina Panthers Football Club. He helped generate over $100 million of revenue for the 1995 through the 2002 NFL seasons.
*****
Waddell served as an assistant commissioner for the Big Ten Conference from December 1990 to July 1994, where he created and supervised Big Ten Conference marketing and licensing programs. He also served as a representative to the Big Ten Conference compliance committee, minority advisory commission, sports medicine committee and the promotions & public relations committee. He served as the Conference liaison to athletics directors, head football coaches and track & field coaches.

Waddell is a 1975 graduate of the University of North Carolina at Chapel Hill with a bachelor's degree in industrial relations. He is the last three-sport letterman at UNC, earning letters in football (1972-74), track (1973) and basketball (1973-74). He was an all-ACC football player and earned The All-America honors from The Sporting News in 1974. He also received The Patterson Medal in 1975, which is the highest athletic award at UNC. Waddell played professional football with the Tampa Bay Buccaneers, Seattle Seahawks and San Diego Chargers. He earned his Master's degree in business from UNC in 1984.
He is a former Tar Heel football and basketball player with an MBA from UNC.  What is not to like?  I know that there will be a push back from the Dean Dome if the new AD is too football focused, but Waddell has a background in both of the biggest revenue sports in college athletics.  Coach Williams and Waddell's time in Chapel Hill almost overlap, so there is common ground.  If Waddell is willing, we need to offer him.  

The Interim Coach: Everett Withers

Everett Withers
First of all, I am a big fan of Everett Withers, but he is going to have to earn the long term contract.  Nothing in life that is worthwhile comes easy or often, so you must be ready to capitalize when the opportunity presents itself.  Withers has an opportunity now.  For me, it is going to require a lot for Withers to hold onto it.  The talent on this team is unquestionable.  It has NFL-caliber depth at every position.  Success is not an option, it is a requirement.  Circle the wagons and coach them up.  Anything less than 8 wins is a failure considering our schedule.

To consider Withers a viable long term candidate, he is going to need to win a minimum of nine games, maybe ten.  He is going to have to get it done on the field.  No excuses.  Close losses will be just that, losses.  The talent is there.  Put our guys in a position to succeed and execute.  That is one.

Second, he is going to need to hold this team and staff together.  Keep guys like Travis Hughes, Kario Holts, and Marquis Williams in Chapel Hill.  That also goes for the staff.  There is an excellent staff in place that understands how to teach the game and develop players.  If we are going to stick with Withers for the long term, we need to maintain stability throughout the staff.  If we are going to shake it up, might as well go after the marquee big hire and start at the top.

Finally, Withers is going to have to close a solid recruiting class.  Of all the things I have listed, this is going to be the toughest.  Without talent, you can't win football games.  Period.  He is going to have to show that he can get it done on the recruiting trail.  This is uncharted territory.  In the past, we had Butch Davis, Davis's track record for putting guys in the League, Butch's ability to identify talent, and BD's ability to sell the program.  Butch Davis is a closer.  He has proven that he is a closer.  Up to this point, Withers was the point guy in recruiting, establishing and building relationships with the guys we want to bring in to represent UNC.  Withers would set them up and Butch Davis would knock them down.  Now, he is going to have to be the closer.

"If you can't learn how to close, you better start figuring out another career" because it ain't being a head coach.  Some might say he deserves a break on the recruiting trail considering the adversity he is facing with Butch Davis's unexpected departure, but I don't think so.  The damage has been done, but he is going to have to undue it if he is going to be the guy moving forward.  I don't want to watch the  the program decline as the talent level declines.  Recruiting is the lifeblood of a program.  The standard has been set.  If Withers can't match it, we need to go ahead and bring in the next guy that can while there is still enough talent on the roster that we aren't looking at a major rebuilding project, i.e. the transition from Bunting to Butch.  Mitigate the damage if you will.

For Withers, now is your chance.  He deserves the opportunity, unfortunately it came under terrible circumstances, but get it done.  Withers have the potential to be great, but potential ain't shit without results.

That said, he has my full support and I hope he is able to succeed in every area I covered.  I love this team and I love this coach.  I believe in both and am looking forward to the season.  I hope you are too.




Thursday, July 28, 2011

The $70 Million Question

This is going to be a short post.  I am not going to rail on the epic failure and poor timing.  I am going to offer minor optimism. 

1.  What happened today was fucked up and the result of pathetic leadership.
"The BOT delegates responsibility for athletics to the Chancellor, so it was my decision" ~ Holden Thorp
However, we still have a great team that deserves our support, so get your ass to Kenan Stadium every Saturday this fall and show the team that we love it!  Save your anger for Holden Thorp and direct that energy to efforts that will ensure he loose his job.  The job is obviously much more than he can manage. 

2.  UNC football will not fade into oblivion.  Sure, Holden Thorp just made it that much harder, but UNC football should be able to survive this.  This is why.  $70 million dollars.  The Blue Zone has a $70 million price tag with the entire project funded by private donations and club seats and individual suites sales.  Hard to sale club seats and individual suites if you don't put a good product on the field.  Hard to put a good product on the field without good players.  Hard to get good players without a good head coach.  Hard to have a good head coach if (1) don't have a supportive administration that appreciates the importance of college football in the current collegiate landscape; and (2) you don't offer competitive compensation.  You know what is cheaper for the University than picking up the $70 million dollar note on the Blue Zone bonds that have already been secured because private donors are requesting their money back and nobody is buying Blue Zone suites and club seats, a couple of million a year for a good coach.  We are UNC and it is a good job.  It is an attractive job.  It is a beautiful campus with great weather and a solid, supportive fan base.  That is, it is an attractive job so long as there is a leadership change.  I believe that is coming and probably coming sooner than most think.  Holden Thorp's actions today have not been well received and they will not go unanswered.  While it is hard to have faith in the Board of Trustee since they allowed Thorp to fire Coach Davis, there will be significant shake up there as well once the gravity of the financial circumstances is realized.  The University is already facing an 18% budget cut.  It cannot afford to pick up the tab on the Blue Zone because of the incompetence and weakness of Holden Thorp.  I believe that a new administration will be ushered in.  This new administration will include a new athletic director that will be hired specifically because he will be tied to our new football coach, i.e. he will be able to bring in "the guy."  Lets be clear.  We aren't getting Urban Meyer, but we will get a good coach with some buzz and Holden Thorp will read about it on twitter with a new handle because he will no longer be chancellor of the University of North Carolina at Chapel Hill.

3.  I don't know what will happen with recruiting, but I do know that several recruits have reaffirmed their commitment to the school.  Let me repeat,  COMMITMENT TO THE SCHOOL!  It is not absolute and that is understandable.  There is a long way to go between now and signing day.  There is significant uncertainty, but the answers will come.  However, the way Shakeel Rashad, Jon Heck and Philip Williamson have dealt with adversity gives me faith that everything will be okay because these are high character guys that I would be proud to have represent my Alma Mater.

Monday, July 25, 2011

2011 Football Recruiting Board - Offensive Line

Time to Play a Little Catch Up

Its been a while so this is what has happened since I last posted:
  • McAdoo was not granted a preliminary injunction to restore his eligibility.  Now, the NCAA, UNC have until July 31 to respond to McAdoo's lawsuit.  That DTH article should catch you up.  I will add that it is not looking good for McAdoo as one of the judge's remarks leads me to think that he will dismiss the case at his first opportunity.  The treatment of McAdoo has outraged most of the Tar Heel community, but I hope he will be able to ultimately find justice.  The latest rumor is that McAdoo could be applying for the NFL supplemental draft.  This could be the best thing for McAdoo to do.  He has a rare athletic talent and measurables.  I wouldn't be surprised to see McAdoo make a practice squad at a minimum and earn a place in the League in time. 
  • Leslie McDonald tore his ACL playing the NC Pro-AM.  He was playing really well and was poised to have an impact season.  This is obviously disappointing on many levels, but he is staying up beat and will undergo surgery on August 3rd.  The date of the surgery was pushed back so that McDonald could spend time with family in Memphis before undergoing surgery and committing to the lengthy rehab.  Below is a video of the injury.  It is always bad when someone goes down sans contact.

    • Greg Little returned to the triangle to compete in the NC Pro-AM where he commented on his parking tickets and Butch Davis.  He admitted receiving a lot of parking tickets and took full responsibility.  “I know I got a lot – come on,” Little said. “I know that was really irresponsible, but I know everybody receives parking tickets. I’ve paid ‘em. I paid them – they came from out of my pocket.”  He also said that Butch Davis was in no way to blame.  He and Marvin Austin made poor choices without Davis's knowledge.  “What did he do? If you send your child out and your child says he’s going to the movies but he goes to a party, you don’t really have control after you step out of the picture. He had nothing to do with anything that went on. It was all me and [Marvin Austin’s] ill-advised mistakes.” 
    • ACC Media Days is going on in Pinehurst, NC for the upcoming football season.  Jonathan Cooper and Tydreke Powell along with Butch Davis are representing for UNC.  Click the link for the individual player's Q&A.
    Tweet of the Day

    After visiting UGA and Clemson, super fast Todd Gurley had this to say about his favorite:
    Todd Gurley
    That was last Thursday and he had a good visit!
    2011 Football Recruiting Board - 
    Offensive Line

    The Depth Chart:

    Brennan Williams
    This is the deepest the offensive line has been since Butch Davis was the head man in Chapel Hill.  We have NFL size and depth at every position along the line.  James Hurst and Jon Cooper are NLF locks, while Brennan Williams has a good opportunity to work himself into that position if he plays as expected this season.  It is hard to talk about the O-line in any specifics.  They are best when they are anonymous.  However, Brennan Williams had the play of the game for me in the spring game.  On a screen pass, Williams pulled and laid a huge block on the boundary corner to break the running back for a significant gain.  It displayed elite level athleticism and that persists all along the O-line. You can see that play at the 1:50 mark of this video of the spring practice highlights on tarhheelblue.com:  FB Spring Highlights - 4/9.  Dirty!!!

    In addition to the experienced guys manning the trenches, we have a few beasts coming in.  Kario Holts and Landon Turner are All-Americans that made some noise at the all-star event, earning individual mentions by the national media reporting on the event.  Both will probably crack the two-deep before the end of camp.  Jarrod James is another bright spot for the future.  Our biggest need along the O-Line is at center.  Holland is a fifth year senior, so we need to find someone that can step into that critical spot.  Jarrod James is very intelligent and has the opportunity to earn a spot on the two deep if Russ Bodine lets him.

    The Needs:  The offensive line is the least glamorous position on the football field outside of long snapper, but it is critical to have optimal depth and quality size.  Despite bringing in some quality guys last year, every starting spot is earned and we need some good guys to come in and push for the tackle, guard, and center position.  The staff is looking for two OTs and two OG/Cs.  The Pittboss likes every offensive lineman to be coached up and capable at every position along the o-line.  It makes our guys more attractive at the next level and increases our depth along the line.  As for our specific numbers, we are half way there. 

    The Recruits:
    (listed alphabetically after UNC commits)

    Comments:  Jon Heck is a big time Offensive Tackle commit.  He plays his high school ball at Bolles School in Jacksonville, FL which runs a big time program that consistently has high major college football prospects coming out every year.  Its players are well coached and well prepared for the expectations of major college football.  Unfortunately, I am not able to embed any film from Heck's junior year as he injured his Achilles and missed most of the season.  However, the Pittboss went down to watch him workout and offered him a scholarship on the spot.  That is pretty much all I need to know, but I will tell you more.   Jon Heck is the son of Andy Heck, former first-team All-American offensive tackle for Notre Dame, playing for 1988 national championship team.  Andy Heck or should I say Coach Heck was also an assistant coach at Virginia for three seasons before taking a job with the Jacksonville Jaguars in 2004, where he remains today as the offensive line coach.  From my understanding, while it came down to UVA and UNC for Jon, it was between UNC and ND for Andy.  The staff had to recruit Coach Heck just as much as Jon.  In my opinion, Jon's commitment is the highest of compliments for the staff based on his Dad's involvement and background.  Further, Jon plans on majoring in Pre-Med, so beyond the bloodlines, he is obviously smart and very driven.  Just the way I like offensive linemen!

    Comments:  John Ferranto is a sleeper Offensive Tackle out of Burlington Township, New Jersey.  Ferranto earned a scholarship offer in camp this past summer.  While he is raw, Ferranto showed the athleticism necessary to develop into a nice tackle prospect.  He has good size and, during one-on-ones in camp, John was able to mirror rushers, showing nice feet and the ability to stay in front.  The staff consistently criticized Ferranto's technique, but this can be taught through coaching, hard-work, and repetition.  In high school, Ferranto has rarely played on the O-line as he lined up primarily at defensive end.  However, next season, he will play exclusively at offensive tackle.  If he is able to develop, he will be a solid addition to the O-line.  Additionally, Ferranto is a good deep snapper.  This is another important attribute that contributed to Ferranto getting an offer.  Our current long snapper is a fifth year walk-on, so we will need to find a replacement as well as depth.  If he doesn't develop at a tackle, he should still be able to contribute on special teams as a long snapper.  No video available.


    Comments:  Bryce Kennedy comes out of Pinehurst, NC and is an interesting prospect.  Initially, Kennedy was a lock for South Carolina.  However, he has since visited several schools and his recruitment is now considered much more wide open.  In his most recent interview, he states he plans on taking Official Visits to Stanford, UNC, and South Carolina.  What is pretty bad is that the interview was for Pack Pride, so NC State might be on the outside looking in.  No video available.


    Comments:  Alex Kozan is out of Colorado, which is an area that is rarely recruited by the staff.  The reason that Alex Kozan is on the staff's radar is because he sent his film to UNC.  Kozan is interested in majoring in Business and Kenan-Flagler B-school is top 5 nationally, which is why he sent his film to UNC.  This summer Kozan took a sweeping tour of the south that included all the schools listed above from the south and has his pick of schools on the west coast.  He has said that he would like to cut his list to 5-7 at the end of the summer.  The only school that is guaranteed to make the cut is Iowa, which has a strong b-school.  Hopefully, UNC can make the cut.  No football video, but how about some discus toss . . . .



    Comments:  DJ Reader is a dual sports star out of Greensboro.  In addition to being a highly sought after offensive lineman, Reader is a big time baseball player.  Word is that he is a force at the plate as well as on the mound.  Reader hit .545 with three homeruns and only four strikeouts.  Additionally, Reader has a fastball in the low 90's.  I don't know if Reader is a baseball prospect that could be drafted in the MLB draft, but I have heard that his fastball lacks movement, so he won't be very successful as a professional pitcher.  Those same people have said that Reader's best bet for earning a living playing a sport is football.  I don't know.  I do know that right now Auburn, ECU, and Maryland are the only schools guaranteed to make his first cut.  He wants to play both sports, so I find it hard to believe that UNC is not a strong contender.  The Diamond Heels are a dominant force in college baseball and the staff has a track record of preparing guys for the NFL.   

    Friday, July 8, 2011

    Where Greatness Starts - The NC ProAm

    The NC ProAM is awesome.  It is a collection of the best players from the triangle schools (UNC, NCSU, dook, and NCCU) that play with current and former NBAers.  Did I mention that admission was free?  It is what is good about the Streetball series, but within somewhat of a team concept.

    If you live in the Raleigh/Durham/Chapel Hill area, it is one of those rare treats that you can't experience any where else in the country.

    Check out the website and the rosters - S.J.G Greater NC ProAm

    Now check out the videos.  Tar Heels first.



    Current Tar Heels Leslie McDonald and Dexter Strickland, and former Tar Heel Rasheed Wallace, in action at the Greater NC Pro-Am on July 8, 2011.  http://www.insidecarolina.com



    Yeah.  It definitely doesn't suck!

    Thursday, July 7, 2011

    A Day In Court

    Just a Heads Up

    It is my hope to have the recruiting board completed by the end of next week.  Time has been tight, but I hope to crank it out by next Thursday.  Also, the basketball recruiting board will be forthcoming.  July is an observation period for basketball.  We will have a better understanding of who the priority targets are by the end of July, so I will roll that out just as Fall practice gears up for the football team. 

    McAdoo's Day in Court

    You know what is funny?  My Cousin Vinny is funny.  Just check it out.



    You know what is not funny?  Taking away a kid's future over relatively minor violations.  You know what is fucked up?  Declaring a kid permanently ineligible for a little more than $100 in improper benefits and having a tutor complete your APA citations and "Works Cited" page for a short paper when a father is found to have shopped his son's services in a pay-for-play scheme, but allowing the son to compete in the National Championship game and win the Heisman.  That is fucked up!

    This past Friday Micheal McAdoo filed suit against the NCAA and UNC.  UNC is a necessary party and UNC is believed to be supporting and assisting McAdoo's attorneys as much as legally possible.

    Now, I am a novice tax attorney, but I will try to breakdown claims and merits as simply as possible. 

    McAdoo Timeline

    The following is a timeline written by Greg Barnes and Ben Sherman from InsideCarolina.com.  Greg Barnes has been one of the best reporters on the NCAA situation in Chapel Hill and this timeline is a continuation of his good work.   The following is a link to Inside Carolina:  McAdoo Timeline.
    Summer 2008 -- McAdoo enrolls as a full-time student at North Carolina to play football. The school’s Deparment of Arts and Sciences assigns then-student Jennifer Wiley to work with McAdoo as his academic tutor and mentor. Wiley is McAdoo’s tutor for every class in the fall of ’08 and they work together every weeknight in study hall – a mandatory requirement for McAdoo.
    Fall 2008 -- Wiley assists McAdoo with a paper he was writing for AFRI 266. Among other editorial comments and suggestions, Wiley helps McAdoo with in-text citations and a “Works Cited” page for the paper.
    Summer 2009 -- Wiley assists McAdoo in separate papers for AFAM 428 and SWAH 403 during summer school classes. According to the lawsuit, Wiley had graduated from UNC by the second summer session in ’09, but agreed to continue to work with McAdoo during the second summer session. McAdoo claims that he was unaware that Wiley was no longer a student and therefore had no reason to believe that her assistance was improper during that summer.
    July 15, 2009 -- McAdoo emails Wiley his SWAH 403 paper on the night of July 15 and roughly two hours later, Wiley responds. While she makes no changes to the book reference on his works cited list, Wiley does re-format the citations for the websites listed into APA format. The NCAA deems this to be one hour of improper benefits valued at $11.
    April 2010 -- McAdoo joins Marvin Austin and Greg Little on a trip to the Washington, D.C. area. Austin tells McAdoo that he is paying for the trip expenses, including hotel and meal costs. The hotel room rate is $89 for two nights. McAdoo is also comped a $10 cover charge at a night club during the trip. The lawsuit states that McAdoo was unaware at the time that those travel costs were paid for by an individual tabbed by the NCAA as a prospective agent.
    Sept. 3, 2010 -- UNC announces that McAdoo is ineligible to play in the season opener against LSU on Sept. 4 due to violations of NCAA Bylaw 12.3.1.2 (benefits from prospective agents) and NCAA Bylaws 16.02.3 and 16.11.12 (extra benefits, from his tutoring assistance from Wiley). UNC directs McAdoo to make a charitable donation equaling his extra benefits -- $99 from the D.C. trip and $11 from Wiley – and the senior has since made that donation.
    Sept. 28, 2010 – UNC petitions the NCAA to reinstate McAdoo’s eligibility, citing procedures set forth in the NCAA Bylaws and recognizing the NCAA’s reinstatement guidelines that identify recommended punishments for receiving $110 in improper benefits to be a loss of at least 10 percent of a season or two football games. UNC also reports that McAdoo violated NCAA Bylaw 10.1- (b) (knowing involvement in academic misconduct) in three courses over three academic semesters.
    Oct. 14, 2010 – The UNC Honor Court unanimously finds McAdoo not guilty with respect to his AFRI 266 course. The UNC Student Attorney General declines to bring formal charges against McAdoo for his AFAM 428 paper due to insufficient evidence. The Honor Court does find McAdoo guilty of representing another’s work as his own with respect to his SWAH 403 paper. McAdoo is placed on probation for the fall 2010 semester and is suspended for the spring of 2011. The Honor Court rules that McAdoo can re-enroll in the summer of 2011 and play football in the fall.
    Nov. 12, 2010 - NCAA denies UNC request for reinstatement for receiving "impermissible assistance on multiple assignments across several academic terms," making him permanently ineligible for NCAA competition. McAdoo's lawsuit claims this claim of "several academic terms" is inconsistent with the rulings of the UNC Honor Court and Student Attorney General, which found him not guilty with regard to the first two courses.
    Dec. 2010 - UNC appeals declaration of permanent ineligibility via telephone. McAdoo's lawsuit claims the NCAA moved forward with the appeal at this point despite its written procedure stating otherwise with regards to when facts are in dispute.
    Jan 27, 2011 - NCAA denies UNC's appeal regarding McAdoo's permanent ineligibility.
    Mar. 2011 - McAdoo engages legal counsel, having been without legal counsel up until this point.
    June 3, 2011 - McAdoo's counsel sends detailed information to the NCAA, requesting his eligibility be restored. As of July 1, 2011, no response had been received from the NCAA and subsequent phone calls had not been returned.
    June 21, 2011 - UNC announces receipt of NCAA's Notice of Allegations, including the previous claims about McAdoo that produced the permanent ineligibility verdict.
    July 1, 2011 - Lawsuit is filed by McAdoo's attorney in Durham County Superior Court "for a writ of mandamus and preliminary and permanent injunctive relief from the prohibition on his eligibility to play intercollegiate athletics, and for the compensatory relief for damages."
    July 15, 2011 - Hearing to be held at Durham County Courthouse before Judge Orlando Hudson.

    The Claims

    There are essentially four claims:  (1) breach of contract by UNC and the NCAA; (2) breach of fiduciary duty by UNC; (3) negligence and gross negligence by the NCAA; and several North Carolina Constitutional claims, primarily equal protection and due process.

    If you are really interested, you should read the pleading.  It is pretty long (59 pages) so I won't blame you if you don't.  At a minimum, read the facts section.  It is appalling that McAdoo had to file this complaint based on the facts presented in the pleading.  The following is a link:


    It took me a while to digest the whole complaint and the merits of the arguments presented.  It is a lengthy complaint without a lot of law, but the claims are legally fascinating and I can't wait to see how this unfolds.

    First of all, the complaint is drafted in such a way as to give the NCAA an easy out and reverse their decision on McAdoo's eligibility.  As such, I will be surprised if this ever makes it to court beyond the July 15 injunctive relief hearing.  The language that the NCAA has used throughout this process pertaining to McAdoo's academic fraud is McAdoo "accepted impermissible academic assistance from an institutionally-assigned tutor on several occasions during 2008-09 and over two summer terms in 2009."  The UNC Honor Court found McAdoo guilty of only one instance of academic fraud.  Therefore, McAdoo only has one instance of impermissible assistance during one academic term.  However, the NCAA has failed to recognize that.  The NCAA has relied on the initial findings from UNC's investigation which were based on the NCAA's interpretation of their own rules prior to McAdoo's case being either heard or decided by the Honor Court.  As a result, the NCAA can back off its current stance and blame UNC for not providing it with complete information without loosing face.  UNC will happily accept this result.  Some have accused UNC for not being strong enough in the defense of our athletes, but the reality is that UNC Athletics and Administration expected fair dealings from the NCAA and that has not been the case.  Going forward in the future, you can expect UNC to be cooperative with any NCAA investigations; however, UNC will hold the NCAA accountable for their dealings with our athletes and their requests for information. 

    Some Relevant Legal Precedent

    There are two major cases:

    (1)  NCAA vs. Tarkanian (federal jurisdiction)
    • 14th Amendment only applies to a state action, not a private action
    • NCAA is private entity that has voluntary membership.  Therefore, the 14th amendment does not protect against to the actions of the NCAA.
    (2) Oliver v. NCAA   (Ohio jurisidiction)

    General Observations About the Claims 
    • Jurisdiction - Best hope for success will be if the proceedings remain in Durham County. By raising NC Constitutional issues, McAdoo has made it more difficult for the NCAA to remove the case to federal jurisdiction in Indianapolis.  The claims (contract and constitutional) are based in state law and North Carolina is best suited to address them.  
    • Constitutional Claims - McAdoo's complaint raises constitutional issues under the North Carolina Constitution.  If McAdoo is able to succeed and establish this precedent, the NCAA could conceivably have 50 different standards across the the 50 different states.  While due process rights guaranteed by the 14th Amendment are not recognizable at the federal level against a private entity such as the NCAA, every state has a constitution with similar language that could be enforceable against the NCAA as a violation of state constitution rights if McAdoo is successful.   This is an outcome that the NCAA will likely seek to avoid, which makes me think McAdoo will ultimately regain his eligibility.  It is hard to believe that the NCAA manual and rule book is void of a student's rights sections, but it is and the result is heavy handed and unchecked sanctions against students.  Remember, regardless of their athletic prowess, these are young men that may or may not have made a mistake and do not have the experience that the NCAA investigators or university compliance officers have in dealing with legal minutia and process.  At a minimum, athletes should have a forum to challenge the allegations.  Funny how a Notice of Allegation is followed by a meeting with the Committee on Infractions (COI).  Typically, student athletes do not appear before the COI.  Where is the trier of fact?  Secondly, athletes should be notified of their rights and assigned someone skilled/expert in protecting them throughout the process.  Shifting gears - I do have one lingering question with regards to the constitutional claims - does a student athlete have a right to play intercollegiate football?  Football is more of a privilege than a right and how protected is that privilege when it could very well become someone's livelihood.  A very well-paying livelihood.
    • Breach of Contract - Oliver establishes important precedent that the NCAA can be held to have entered into a contractual relationship with student athletes.  Seems ridiculous, but the NCAA has argued in the past that there is a lack of privity between the athletes and the NCAA because the agreement that is entered into granting the NCAA authority over college athletics is between the NCAA and the member schools.  However, Oliver establish that athletes are third party beneficiaries with contractual privity.  With privity, there is a duty of good faith and fair dealings between the parties.  If the NCAA is found to have acted in a capricious and arbitrary manner, it will have violated it's duty of good faith and fair dealings.  Therefore, in order to successfully challenge the NCAA's ruling, McAdoo must show that their is a contractual relationship and that the NCAA acted in a capricious and arbitrary manner in holding McAdoo permanently ineligible.   This will not be difficult.  The value of the improper benefits received by McAdoo typically results in a 1-2 game suspension.  As for the academic fraud, the FSU cheating scandal resulted in guilty athletes being suspended for 30% of season.  The FSU cheating scandal encompassed athletes from nine different sports where athletes were literally given the answers to on-line tests over a significant period of years.  McAdoo wrote his own paper, just not his citations or "Works Cited" page.  Not crafting your own citations is definitely inappropriate, but I don't think it is comparable to receiving answers for a test. 
    You never know what will happen in court, so it is impossible to predict.  However, the whole purpose of McAdoo's complaint is to regain his eligibility and I think it will be effective in doing that.  Ultimately, the injunction hearing will be the litmus test on how this will proceed.  If an injuction is granted, McAdoo will be able to rejoin the team and participate in practice as well as games.  The legal standard for granting injunctive relief requires that McAdoo show that (1) he will be irreparable harmed if relief is not granted and (2) that he will likely win on the merits when the facts are decided in court.  Irreparable harm is easy.  McAdoo's window for a future in football is closing.  This year is essential.  Therefore, if an injunction is granted, the court will have determined that McAdoo will probably be successful on the merits.

    Stay tuned.

    Obviously there is more to the case including the NCAA's 19.7, but we will cross those bridges as they come.  I just wanted to provide a quick overview of the broad strokes of things I found interesting and important.