NOTICE OF ALLEGATIONS to the Chancellor of the University of Hawaii at Manoa
A. Processing Level of Case.
Based on the information contained within the following allegations, the NCAA enforcement staff believes that this case should be reviewed by a hearing panel of the NCAA Division I Committee on Infractions pursuant to procedures applicable to a severe breach of conduct (Level I violation)(Pursuant to NCAA Bylaw 19.7.7.1 (2014-15), if violations from multiple levels are identified in the notice of allegations, the case shall be processed pursuant to procedures applicable to the most serious violation(s) alleged).
B. Allegations.
1. [NCAA Division I Manual Bylaws 11.7.1.2-(b) and 13.1.3.4.1 (2010-11); and 11.7.1.1.1.1.1 and 11.7.4 (2010-11 and 2011-12)] It is alleged that throughout the 2010-11 and 2011-12 academic years, the then
men's basketball directors of operations participated in on-court coaching and other instructional activities with men's basketball student-athletes at the instruction of Gib Arnold (Arnold), then head men's basketball coach. Additionally, at times during the 2010-11 academic year, the then men's basketball director of operations made recruiting telephone calls to men's basketball prospective student-athletes at Arnold's instruction. As a result, the institution exceeded the permissible number of countable men's basketball coaches during the 2010-11 and 2011-12 academic years. Specifically:
a. Throughout the 2010-11 academic year, Scott Fisher (Fisher), then men's basketball director of operations, participated in on-court coaching during practice and opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction. Additionally, at times, Fisher made recruiting telephone calls to men's basketball prospects at Arnold's instruction. [NCAA Bylaws 11.7.1.1.1.1.1, 11.7.1.2-(b), 11.7.4
and 13.1.3.4.1 (2010-11)]
b. Throughout the 2011-12 academic year, Kerry Rupp (Rupp), then men's basketball director of operations, participated in on-court coaching during practice and opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction. [NCAA Bylaws 11.7.1.1.1.1.1 and 11.7.4 (2011-12)]
Level of Allegation No. 1:
The NCAA enforcement staff believes that the hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 1 is a significant breach of conduct (Level II) because the circumstances surrounding this allegation (1) were intended to, and did, provide more than a minimal recruiting, competitive or other advantage; (2) do not rise to a Level I violation but are more serious than a Level III violation; and (3) were not inadvertent, isolated or limited in nature. [NCAA Bylaws 19.1.2 and 19.1.2-(a) (2014-15)]
Factual Information (FI) on which the enforcement staff relies for Allegation No. 1:
FI1: June 16, 2014 – Interview transcript of Fisher. This includes, but is not limited to, Fisher's statements that throughout the 2010-11 academic year when he served as men's basketball director of operations, he participated in on-court coaching during practice with men's basketball student-athletes at Arnold's instruction. Additionally, Fisher stated that, at times, he participated in opponent scouting during team meetings with men's basketball student-athletes, as well as made recruiting telephone calls to men's basketball prospects, at Arnold's instruction. Further, Fisher stated that throughout the 2011-12 academic year when Rupp served as men's basketball director of operations, Rupp participated in on-court coaching during practice and opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction. Last, Fisher stated that Arnold instructed him and Rupp to cease coaching during practice if media were present, as well as to refrain from reporting their participation in these activities to the compliance office, in order to conceal the violations.
(SFisher_TR_061614_Hawaii_00202)
FI2: June 23, 2014 – Interview transcript of Chris McMillian (McMillian), former men's basketball director of operations. This includes, but is not limited to, McMillian's statements that he served as a non-coaching staff member with the men's basketball program during the 2010-11 through 2013-14 academic years, including men's basketball director of operations during the 2012-13 and 2013-14 academic years. Additionally, McMillian stated that throughout the 2010-11 academic year, Fisher participated in on-court coaching during practice and, at times, participated in opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction. Further, McMillian stated that throughout the 2011-12 academic year, Rupp participated in on-court coaching during practice and opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction.
(CMcMillian_TR_062314_Hawaii_00202)
FI3: June 24, 2014 – Interview transcript of Lyn Nakagawa (Nakagawa), a**istant athletic trainer. This includes, but is not limited to, Nakagawa's statements that she served as a**istant athletic trainer for the men's basketball program from October 2007 through September 2013 and regularly attended practice in that capacity. Additionally, Nakagawa stated that throughout the 2011-12 academic year, Rupp participated in on-court coaching during practice with men's basketball student-athletes. Further, Nakagawa stated she could not recall whether Fisher participated in on-court coaching during practice during the 2010-11 academic year.
(LNakagawa_TR_062414_Hawaii_00202)
FI4: July 1, 2014 – Interview transcript of Rupp. This includes, but is not limited to, Rupp's statements that throughout the 2011-12 academic year when he served as men's basketball director of operations, he participated in on-court coaching during practice and opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction.
(KRupp_TR_070114_Hawaii_00202)
FI5: August 28, 2014 – Interview transcript of [REDACTED],
former men's basketball student-athlete. This includes, but is not limited to, [REDACTED] statements that throughout the 2011-12 academic year, Rupp participated in on-court coaching during practice and opponent scouting during team meetings with men's basketball student-athletes at Arnold's instruction.
([REDACTED]TR_082814_Hawaii_00202)
FI6: October 17, 2014 – Interview transcript of Arnold. This includes, but is not limited to, Arnold's statements that he did not recall instructing Fisher or Rupp to participate in on-court coaching during practice with men's basketball student-athletes when each served as men's basketball director of operations. Additionally, Arnold stated he did not recall instructing Fisher to make recruiting telephone calls to men's basketball prospects during the 2010-11 academic year, nor does he have any knowledge of Fisher doing so. Last, Arnold stated he personally conducted opponent scouting sessions with men's basketball student-athletes during team meetings and denied instructing Fisher or Rupp to lead the scouting sessions.
(GArnold_TR_101714_Hawaii_00202)
FI7: December 5, 2014 – Interview transcript of Amanda Paterson (Paterson), director of compliance. This includes, but is not limited to, Paterson's statements that she had no knowledge, nor reason to suspect, that Fisher or Rupp participated in coaching activities with men's basketball student athletes when each served as men's basketball director of operations except for a single instance during the spring of 2012 in which Rupp was observed coaching from the bench during the Western Athletic Conference tournament.
(APaterson_TR_120514_Hawaii_00202)
FI8: December 10, 2014 – Arnold's written statement. This includes, but is not limited to, Arnold's statements that he did not instruct Fisher or Rupp to participate in coaching activities with men's basketball student-athletes during practice when each served as men's basketball director of operations, nor did he instruct Fisher to make recruiting telephone calls to men's basketball prospects. Additionally, Arnold stated he personally conducted opponent scouting sessions with men's basketball student athletes during team meetings and denied instructing Fisher or Rupp to
lead the scouting sessions.
(GArnold_InterviewSupplement_121014_Hawaii_00202)
The enforcement staff incorporates by reference all other information from FIs referenced in this document and all other documents posted on the secure website.
Specific to Allegation No. 1:
a. Please indicate whether the information contained within this allegation is substantially correct and whether the institution and the involved parties identified in this allegation believe that violations of NCAA legislation occurred. Submit materials to support your response.
b. If the institution and the involved parties believe that NCAA violations occurred, please indicate whether there is substantial agreement on the level of the violation. Submit materials to support your response.
c. Please indicate whether the factual information is substantially correct and whether the institution has additional pertinent information and/or facts.
Submit facts in support of your response.