Over nine months ago NC State basketball was served a notice of allegations from the NCAA, most notably an alleged $40,000 payment from former assistant basketball coach Orlando Early in the recruitment of Dennis Smith Jr.
Last week NC State agreed to have its case heard before a new independent committee called the Independent Accountability Resolution Process. The case would have typically gone through the NCAA Committee on Infractions.
The NCAA Committee on Infractions requested referral of NC State’s case to the independent committee on February 14. NC State had two months to respond.
In its response last week NC State noted that it “does not believe that this is a unique case requiring referral to the IARP, or a case in which the NCAA’s interests are best served by further delaying resolution.”
However, NC State agreed to have the case referred because the university believed it can no longer have its case heard fairly before the Committee on Infractions, beliefs outlined in its statement:
“The Referral Petition not only confirms and highlights NC State’s concerns about the fairness of the NCAA process, but also taints this case from moving forward in a meaningfully fair manner for NC State. As a result, NC State is left with little choice but to reluctantly accede to the referral of this case to the IARP.”
Primarily, NC State disagrees with the NCAA’s designation of Adidas and T.J. Gassnola as “boosters” and the inclusion of Gassnola’s federal court testimony as “facts established” rather than “evidence submitted”.
“The notion that Gassnola and Adidas are 'boosters' is a point on which the University and the NCAA enforcement staff disagree,” said NC State in its response.
The road ahead remains uncertain for NC State as it moves forward with the IARP.
On one hand, the IARP appears more likely to facilitate a favorable case decision for NC State than what the Committee of Infractions was trending toward.
On the other hand, it will be one of the first cases heard by the IARP. It is yet to be determined how the IARP will handle these cases and how “independent” the newly-formed committee will truly be from the NCAA’s interests.
Another risk factor involved with the IARP is the fact that the committee's decisions are final and are not subject to an appeal process. While appeals in the traditional NCAA process rarely prove effective, it’s unsettling to be a guinea pig in the new process while forfeiting the right to appeal.
The lack of a clear appeal process was addressed by NC State at the conclusion of its response.
“By conceding to referral, NC State does not concede its substantive right to appeal. Further, in light of the various concerns described herein, NC State also reserves all rights and remedies, both within and outside of the NCAA structure,” said NC State.
NC State has a team of notable defense attorneys as it enters the uncharted waters of the IARP.
Among the list is former U.S. Attorney General Loretta Lynch, former federal prosecutor Todd Blanche, whose client list includes Paul Manafort, and Mike Glazier, who is considered one of the top sports attorneys in the country. Four other attorneys were also listed in NC State’s most recent response to the NCAA.
NC State’s case still has to be accepted by the Infractions Referral Committee, the first of three steps in the IARP. Only one case, the University of Memphis’, has been accepted to this point.
No timeline has been established for how quickly NC State’s case will move through the IARP. Hearings and oral arguments have been suspended through May 31 due to COVID-19 precautions according to the organization’s website.
The case may be formally accepted in the meantime, but don’t expect anything of substance to begin before June.
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