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August 8, 2017 Page 2

The University is not blind, however, to the imposition on

2 The University is not blind, however, to the imposition on academic schedule as a result

academic

schedule as a result of the Committee's mandate. To that end, and because the University's focus remains on the development of a complete evidentiary record from which the whole truth can be

ascertained, the University is willing to forgo any objection to

from the hearing so long as it is afforded a prompt, unfettered interview of

the following conditions:

a prompt, unfettered interview of the following conditions: request for recusal subject to 1. The interview

request for recusal

interview of the following conditions: request for recusal subject to 1. The interview will touch on

subject to

1.

The interview will touch on all pertinent issues, including those directly dealing with

the Notice of Allegations as well as tangential issues touching on

 

overall

credibility.

 

would be welcome to have legal representation present, but, as

with a typical interview conducted by the NCAA enforcement staff, the University's

examination would not be limited to any particular subject matter and would answer all questions without objection;

   
 

2.

 

will waive any confidentiality rights to the enforcement staff's

 

investigative file and interview transcripts surrounding the NCAA inquiry into

investigative file and interview transcripts surrounding the NCAA inquiry into
allegations involving   , its football staff, and/or boosters,

allegations involving

 

, its football staff, and/or boosters,

which is relevant to

 

credibility (and that of other potential witnesses). In

our conversations with the staff, they have indicated that they are unwilling to share the contents of that investigation without such a waiver; and

3.

As required by Committee on Infractions Internal Operating Procedure 3-12-1, notice of and an opportunity to participate in the interview will be given to the Committee, the enforcement staff, and all at-risk or involved parties to the University's infractions case.

Please let us know by close of business tomorrow, Wednesday, August 9, 2017, whether

of business tomorrow, Wednesday, August 9, 2017, whether will agree to the University's proposal. If the

will agree to the University's proposal. If the University is unable to reach

agreements along these lines with all parties, we will be left with no alternative but to formally

object to

request for recusal. As always, I am available to answer any questions you

may have.

 

Best regards,

Enrique J. Gimenez

EJG:teh

cc:

Lee Tyner, Esq. (via email) Brian P. Kappel, Esq. (via email) Mike Glazier, Esq. (via email)