NOTICE OF ALLEGATIONS to the Chancellor of the University of Hawaii at Manoa
2. [NCAA Division I Manual Bylaws 17.1.6.2-(a) (2010-11); 13.11.12
(2010-11 and 2011-12); 17.1.6.2.2 and 17.1.6.3.4 (2010-11 through 2012-13); and 13.11.2.1-(a) and 13.11.2.1-(h) (2012-13)]
It is alleged that on three occasions between April 30 and November 5, 2011, Gib Arnold (Arnold), then head men's basketball coach, conducted impermissible tryouts of five then men's basketball prospective student-athletes during their official paid visits. Additionally, between April 20 and 21, 2012, Arnold conducted an impermissible on-campus evaluation of a then men's basketball prospect during his official paid visit. Last, on multiple occasions between April 30, 2011, and April 20, 2013, Arnold violated NCAA countable athletically related activities (CARA) legislation during the tryouts and on-campus evaluations he conducted of visiting men's basketball prospects. Specifically:
a. Between April 30 and May 1, 2011, Arnold conducted impermissible tryouts of [REDACTED] and [REDACTED] then men's basketball prospects, when he and other men's basketball staff members evaluated them during a basketball scrimmage. Additionally, Arnold required then men's basketball student-athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. Last, the scrimmage exceeded the maximum number of four men's basketball student-athletes who could permissibly participate at a time. [NCAA Bylaws 13.11.1, 17.1.6.2.2 and 17.1.6.3.4 (2010-11)]
b. Between May 5 and 7, 2011, Arnold conducted an impermissible tryout of [REDACTED] then men's basketball prospect, when he and other men's basketball staff members evaluated [REDACTED] during a basketball scrimmage. Additionally, Arnold required then men's basketball student athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. Further, the scrimmage occurred outside the men's basketball playing season and within one week of final exams, as well as exceeded the maximum number of four men's basketball student-athletes who could permissibly participate at a time. [NCAA Bylaws 13.11.1, 17.1.6.2-(a), 17.1.6.2.2 and 17.1.6.3.4 (2010-11)]
c. Between November 4 and 5, 2011, Arnold conducted impermissible tryouts of [REDACTED] and [REDACTED] then men's basketball prospects, when he and other men's basketball staff members evaluated them during individual workouts and a basketball scrimmage. [NCAA Bylaw 13.11.1 (2011-12)]
d. Between April 20 and April 21, 2012, Arnold conducted permissible on campus evaluations of [REDACTED],[REDACTED],[REDACTED],and [REDACTED], then men's basketball prospects, when he and other men's basketball staff members evaluated them during a basketball scrimmage. Even though the evaluations were permissible, Arnold required then men's basketball student athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. Further, the scrimmage exceeded the maximum number of four men's basketball student athletes who could permissibly participate at a time. [NCAA Bylaws 13.11.1, 17.1.6.2.2 and 17.1.6.3.4 (2011-12)]
e. Between September 21 and 22, 2012, Arnold conducted an impermissible on campus evaluation of [REDACTED], then men's
basketball prospect, when he and other men's basketball staff members evaluated [REDACTED] during a basketball scrimmage. At the time of the evaluation, [REDACTED] had not exhausted his high school basketball eligibility. Additionally, Arnold required then men's basketball student athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. [NCAA Bylaws 13.11.2.1-(a), 13.11.2.1-(h) and 17.1.6.3.4 (2012-13)]
f. Between April 3 and 4, 2013, Arnold conducted permissible on-campus evaluations of [REDACTED], and [REDACTED], then
men's basketball prospects, when he and other men's basketball staff members evaluated them during a basketball scrimmage. Even though the evaluations were permissible, Arnold required then men's basketball student athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. [NCAA Bylaws 13.11.2.1-(h) and 17.1.6.3.4 (2012-13)]
g. Between April 12 and 13, 2013, Arnold conducted a permissible on campus evaluation of [REDACTED], then men's
basketball prospect, when he and other men's basketball staff members evaluated [REDACTED] during a basketball scrimmage. Even though the evaluation was permissible, Arnold required then men's basketball student athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. [NCAA Bylaws 13.11.2.1-(h) and 17.1.6.3.4 (2012-13)]
h. Between April 19 and 20, 2013, Arnold conducted a permissible on campus evaluation of [REDACTED] then men's basketball
prospect, when he and other men's basketball staff members evaluated [REDACTED] during a basketball scrimmage. Even though the evaluation was permissible, Arnold required then men's basketball student-athletes to play in the scrimmage but did not record the time associated with the activity in the men's basketball CARA logs. Further, the scrimmage exceeded the maximum number of four men's basketball student-athletes who could
permissibly participate at a time. [NCAA Bylaws 13.11.2.1-(h), 17.1.6.2.2 and 17.1.6.3.4 (2012-13)]
Level of Allegation No. 2:
The NCAA enforcement staff believes that the hearing panel of the NCAA Division I Committee on Infractions could determine that Allegation No. 2 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 advantage; as well as involve (2) conduct that does not rise to a Level I violation but is more serious than a Level III violation; and (3) violations that were not isolated, inadvertent or limited in nature. [NCAA Bylaws 19.1.2, 19.1.2-(a) and 19.1.2-(d) (2014-15)]
Factual Information (FI) on which the enforcement staff relies for Allegation No. 2:
FI9: April 29, 2014 – Interview transcript of [REDACTED]. This includes, but is not limited to, [REDACTED] statements that (1) he and [REDACTED] played in a basketball scrimmage with men's basketball student-athletes during their official paid visits; and (2) he does not recall whether men's basketball staff members were present for the scrimmage.
([REDACTED]TR_042914_Hawaii_00202)
FI10: May 6, 2014 – Interview transcript of [REDACTED]. This includes, but is not limited to, [REDACTED] statements that (1) he played in basketball scrimmages with [REDACTED] and [REDACTED] during their official paid visits; and (2) Arnold was present for the scrimmage involving [REDACTED].
([REDACTED]TR_050614_Hawaii_00202)
FI11: May 7, 2014 – Interview transcript of [REDACTED]. This includes, but is not limited to, [REDACTED] statements that (1) he and [REDACTED] played in a basketball scrimmage with men's basketball student-athletes during their official paid visits; and (2) members of the men's basketball staff, including Arnold and
Benjy Taylor, (Taylor), then assistant men's basketball coach, were
present for the scrimmage.
([REDACTED]TR_050714_Hawaii_00202)
FI12: September 18, 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 (1)
[REDACTED] and [REDACTED] participated in scrimmages with men's basketball student-athletes during their official paid visits; (2) members of the men's basketball coaching staff, including
Arnold, evaluated the prospects during the scrimmages; and (3) Arnold required men's basketball student-athletes to play in the scrimmages. Additionally, McMillian stated the men's basketball staff conducted an individual workout of [REDACTED] during his official paid visit.
(CMcMillian_TR_091814_Hawaii_00202)
FI13: September 19, 2014 – Interview transcript of Scott Fisher (Fisher), former assistant men's basketball coach. This includes, but is not limited to, Fisher's statements that (1) [REDACTED] and [REDACTED] participated in scrimmages with men's basketball student-athletes during their official paid visits; (2) the scrimmages were arranged by Arnold and observed by the men's basketball staff in order to evaluate the prospects; and (3) Arnold required the men's basketball student-athletes to play in the scrimmages. Additionally, Fisher stated the men's basketball staff
conducted individual workouts of [REDACTED] and [REDACTED] during their official paid visits, as well as observed them during a scrimmage with men's basketball student-athletes in order to evaluate them. Further, Fisher stated that Arnold instructed the men's basketball staff to fabricate a story that the scrimmage during official paid visit was neither arranged nor observed by the men's basketball staff and to report the story to the institution's compliance office in order to conceal the violation.
(SFisher_TR_0918914_Hawaii_00202)
FI14: October 9, 2014 – Interview transcript of [REDACTED]. This includes, but is not limited to, statements that (1) he and [REDACTED] played in a scrimmage with men's basketball student-athletes during their official paid visits; and (2) at least three members of the men's basketball coaching staff, including
Arnold and Taylor, observed the scrimmage.([REDACTED]100914_Hawaii_00202)
FI15: October 13, 2014 – Interview transcript of Kerry Rupp (Rupp), former men's basketball director of operations. This includes, but is not limited to, Rupp's statements that (1) the men's basketball staff conducted individual workouts of [REDACTED] and [REDACTED] during their official paid visits, as well as observed them play in a scrimmage with men's basketball student athletes;
and (2) the men's basketball staff observed [REDACTED] and [REDACTED] play in a scrimmage with men's basketball student athletes during their official paid visits.
(KRupp_TR_101314_Hawaii_00202)
FI16: October 15, 2014 – Interview transcript of [REDACTED]. This includes, but is not limited to, statements that (1) he played in a scrimmage with men's basketball student-athletes during his official paid visit; and (2) the men's basketball staff was present for the scrimmage.
([REDACTED]TR_101514_Hawaii_00202)
FI17: October 17, 2014 – Interview transcript of Arnold. This includes, but is not limited to, Arnold's statements that he did not recall conducting impermissible tryouts of five then prospects between the spring and fall of 2011 during their official paid visits. Additionally, Arnold stated he did not require then men's basketball student-athletes to play in basketball scrimmages involving visiting prospects.
(GArnold_TR_101714_Hawaii_00202)
FI18: September 17, 2012 – Email from Chet Hesson (Hesson), then compliance coordinator, in which Hesson informs the men's basketball staff they were not permitted to conduct an on-campus evaluation of [REDACTED] during his official paid visit because he had not exhausted his high school basketball eligibility. Additionally, Hesson included the full text of Bylaw 13.11.2.1, which sets forth the rules for on-campus evaluations.
(OnCampusEvaluationEducation_UH2093-2100_Hawaii_00202)
FI19: May 3, 2013 – Email from [REDACTED] then men's basketball student-athlete, in which [REDACTED] informs Amanda Paterson
(Paterson), director of compliance, that the men's basketball staff (1) required men's basketball student-athletes to play in open gyms when prospects visited; and (2) attended the open gyms, including the one during [REDACTED] official paid visit.
([REDACTED]EmailReCoachesAttendingOpenGym_UH2079_Hawaii_00202)
FI20: April 15, 2014 – Violation self-report regarding the men's basketball staff observing the scrimmage during [REDACTED] official paid visit. (Case548271_MBBOpenGymExceedingCARA_Hawaii_00202)
FI21: October 23, 2014 – Email from the institution confirming the official paid visit dates for [REDACTED],[REDACTED],[REDACTED],[REDACTED], and [REDACTED].
(WKing_CO_PSAOVDatesTryoutIssue_102314_Hawaii_00202)
FI22: October 28, 2014 – Email from [REDACTED] in which he responds to questions from the enforcement staff regarding the basketball activities he and [REDACTED] engaged in during their official paid visits.
([REDACTED]CO_ResponsetoTryoutQuestions_102814_Hawaii_00202)
FI23: December 10, 2014 – Arnold's written statement that (1) he did not require men's basketball student-athletes to play in open gyms with visiting men's basketball prospects; and (2) he did not instruct men's basketball staff members to provide false statements to the institution's compliance office regarding their presence at open gyms. Additionally, Arnold provided his
recollection as to whether men's basketball prospects played in open gyms with men's basketball student-athletes and/or participated in basketball workouts during their official paid visits.
(GArnold_InterviewSupplement_121014_Hawaii_00202)
FI24: Chart showing the dates of men's basketball official paid visits from the fall of 2010 through the spring of 2013.
(Item4_MBBOfficialVisitsFall2010-spring2013_040814_Hawaii_00202)
FI25: Institution's academic calendar for the spring 2011 semester showing final exams began May 9, 2011.
(Spring2011SemesterAcademicCalendar_Hawaii_00202)
FI26: Men's basketball CARA logs from August 23, 2010, through May 4, 2013, including Page Nos. 43, 44, 87, 88, 97, 98, 129 and 131 through 133, which cover the time periods for the official paid visits referenced in this allegation.
(MBBCARALog_UH2078_Hawaii_00202)
FI27: NCAA Division I Proposal 2012-2 permitting on-campus evaluations for men's basketball prospects.
(Proposal2012-2_OnCampusEvaluation_Hawaii_00202)
FI28: Official paid visit itineraries for [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED], [REDACTED] and [REDACTED].
(OVItineraries_UH2101-2117_Hawaii_00202)
FI29: Official paid visit itineraries for [REDACTED] and [REDACTED].
(OVItinerary_[REDACTED]UH2401_Hawaii_00202)
FI30: Official paid visit itineraries for [REDACTED], [REDACTED], [REDACTED], and [REDACTED].
(OVItinerary_[REDACTED]UH2400_Hawaii_00202;
OVItinerary_[REDACTED]UH2399_Hawaii_00202;
OVItinerary_[REDACTED]UH2397_Hawaii_00202;
OVItinerary_[REDACTED]UH2398_Hawaii_00202)
FI31: Air travel itineraries for [REDACTED], [REDACTED], [REDACTED], and [REDACTED].
(OVTravel_[REDACTED]UH2396_Hawaii_00202;
OVTravel_[REDACTED]UH2395_Hawaii_00202;
OVTravel_[REDACTED]UH2393_Hawaii_00202;
OVTravel_[REDACTED]UH2394_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. 2:
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.