DECISION OF THE INDEPENDENT ACCOUNTABILITY RESOLUTION PROCESS INDEPENDENT RESOLUTION PANEL DIVISION I OCTOBER 11, 2023
CONFIDENTIAL
PUBLIC INFRACTIONS DECISION
Case No. 00874 University of Kansas Lawrence, Kansas
TABLE OF CONTENTS
Introduction ......................................................................................................................................1 Procedural History ...........................................................................................................................5 Statement of Facts ..........................................................................................................................12 Analysis..........................................................................................................................................32 Violations
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103 Violations Not Demonstrated ......................................................................................................106 Penalties .......................................................................................................................................106 Self-Imposed Penalties and Corrective Actions ...................................................APPENDIX ONE NCAA Constitution and Bylaw Text ................................................................... APPENDIX TWO Text of the Allegations in the Second Amended Notice of Allegations Issued by the Complex Case Unit ................................................................. APPENDIX THREE Text of the Allegations in the Third Amended Notice of Allegations Issued by the Complex Case Unit ................................................................... APPENDIX FOUR
I.
INTRODUCTION a.
The Independent Accountability Resolution Process.
The Independent Accountability Resolution Process was created in response to recommendations made by the Commission on College Basketball, chaired by former U.S. Secretary of State Condoleezza Rice. Before the creation of the Independent Accountability Resolution Process, all infractions cases were handled within the peer-review structure. Cases are referred to the Independent Accountability Resolution Process when a determination is made that the Association’s interests are best served by resolving the case under the independent structure. Such a determination includes the consideration of whether a case involves unique policy issues or factors that, when weighed in totality, could impede the accurate and effective resolution of the case under the peer-review structure. The Independent Accountability Resolution Process consists of four components:
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The Independent Accountability Oversight Committee;
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The Infractions Referral Committee;
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The Complex Case Unit, its investigative and advocacy body; and
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The Independent Resolution Panel. The Independent Resolution Panel consists of 13 members with legal, higher education, and/or sports backgrounds. Each hearing panel consists of five Independent Resolution Panel members, who decide complex infractions cases involving member institutions and their staffs (both current and former) that were referred by the Infractions Referral Committee to the Independent Accountability Resolution Process for resolution.
On April 14 through 16, 2023, five members of the Independent Resolution Panel heard this case in person.
b.
Basis of the University of Kansas Infractions Case.
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Overview of the Men’s Basketball Allegations. In the fall of 2017, the U.S. Attorney’s Office for the Southern District of New York disclosed a scheme that involved money and influence at the intersection of collegiate and professional basketball. The scheme resulted in the arrest and prosecution of multiple individuals — including college basketball coaches — on conspiracy and bribery charges.
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Four panel members constitute a quorum for a hearing panel to conduct a hearing and deliberate.