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PROCEEDINGS BEFORE THE DIVISION I COMMITTEE ON INFRACTIONS OF THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

In Re: FLORIDA STATE UNIVERSITY)

Case No. M286

TRANSCRIPT OF PROCEEDINGS

BE IT REMEMBERED, that on this 18th day of October, 2008, the above-entitled matter comes on for

hearing

before

the

Division

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Committee on

Infractions of The National

Collegiate Athletic

Association,

meeting

in

Westin

the

Hotel,

Indianapolis, Indiana, beginning at 8:30 o'clock a.m., with Chairman Dennis Thomas presiding.

The other members of the Committee present are: Messrs. Alfred "Jim" Lechner, James Park, Jr.; Mmes. Josephine Potuto, Andrea Myers and Eileen" Jennings.

Messrs. John Black, Britton Sanowsky and

18 Melissa Conboy, new members of the Committee, were in

19 attendance.

20 Ms. Naima Stevenson is present representing

21 the NCAA General Counsel's Office.

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Mr.

Shepard

Cooper, Director for the

Committees on Infractions, Mr. Jim Elworth, Assistant Director for the Committees on Infractions, Ms. Cheryl DeWees, Coordinator for the Cowmittees on

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represented

by

Messrs. David Price,

David

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Infractions,

and

Ns.

Karen

Martin,

Administrative Assistant to the Committees on

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Infractions were also present.

Also present are Mr. Jerry Parkinson and Mr. Brian Halloran, Coordinators of Appeals for the Infractions Committee.

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APPEARANCES

The NCAA Enforcement Staff of the National Collegiate Athletic Association was

Didion, Ameen Najjar, Kevin Lennon and Chris Strobel; and Mmes. Joyce Thompson, Stephanie

Hannah,

Julie Roe,

Rachel

Baker,

Jennifer

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Henderson, Kelly Graddy.

Present on behalf of Florida State University are Messrs. T.K. Wetherell, Joseph

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Beckham,

Randy Spetman, Brian Battle,

Larry

Abele, Mark Meleney,

Chuck Smrt, Bill Shults;

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and Mmes. Betty Steffens and Stacey Karpinski.

Mr. Shane Lyons, Associate Cowmissioner of the Atlantic Coast Conference, was also present.

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Ms. Brenda Monk and her attorney of record, Mr. Brant Hargrove, appear in person.

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(Whereupon, the following proceedings

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are had and entered of record.)

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CHAlfu'1AN

THOMAS:

Good morning,

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everyone. This lS Case No. M286, Florida State

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University. My name is Dennis Thomas. I am the

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Commissioner

of

the

Mid-Eastern

Athletic

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Conference and the Vice-Chair of the Division I

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Committee on Infractions.

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With me today hearing this case are to

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my

right,

Andrea

Myers, the Director of

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Athletics Emeritus at Indiana State University;

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Alfred "Jim" Lechner, Jr., an attorney with the

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New York Law firm of Case & White, and formerly

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a Federal

District Judge,

District of New

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Jersey. Mr , Lechner is one of the Committee's

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two public members.

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To my left is Josephine Patuto, the

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Richard H. Larson Professor of Constitutional

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Law at the University of Nebraska, Lincoln, and

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the former chair of this Committee; Eileen

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Jennings,

the

general

counsel at Central

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Michigan University;

James

Park,

Jr., an

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attorney with the law firm of Frost Brown Todd

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of Lexington, Kentucky.

Mr. Park lS a public

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member.

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Seated at the table to my right is

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Shep Cooper,

the Director for Committees on

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Infractions, and Jim Elworth,

the Assistant

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Director.

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At the table to my left are the

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Cormnittee's two Coordinators of Appeals: Dean

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Jerry Parkinson,

Dean of the School of Law at

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the University of Wyoming, and Brian Halloran of

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Malibu, California, the manager and general

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counsel of Painted Hills Wind Developers, a

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company

involved

in

the

renewable power

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business.

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Ms , Naima Stevenson, NCAA's General

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Counsel's Office,

is seated at the table by

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herself between the enforcement staff and the

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University. Where is Naima? There you are.

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Also here today is Mr. John Bowen, of

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Cheryl

DeWees,

the

Committee's

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Coordinator, and Karen Martin, the Committee's

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Administrative Assistant, are seated together at

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the table behind Ms. Stevenson. Ms. DeWees and

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Ms. Martin are available to assist with any

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logistical needs during the hearing.

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Bowen & Associates, a Certified Court Reporter

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They are John Black, a new public member.

Mr.

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from Kansas City,

to take the record in the

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case.

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Finally,

three

recently appointed

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members of the Committee are attending this

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hearing as observers and are seated in the very

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back of the room with Ms. DeWees and Ms. Martin.

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Black is

a partner with the law firm of

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Shughart, Thomson & Kilroy of Kansas City,

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Missouri.

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Also here is Melissa "Missy" Conboy,

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the Deputy Director of Athletics and Senior

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Woman's Administrator at the University of Notre

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Dame, and Britton Banowsky, the Commissioner of

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Conference USA.

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Before I turn to other instructions,

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let me explain how this microphone works. It is

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When you push the button and activate

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a very sophisticated object. On each microphone

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lS a small black button.

You activate your

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microphone by pushing that button. You know

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your microphone is activated because the red

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collar on the top will be illuminated.

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your microphone, you

turn

off

all other

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microphones except

mine.

So, please, be