This page was last updated on 3/9/2016
Introduction
Theory 1: Retaliation for Research Message
Argument: Dr. Lyn Johnson had partnered with Mary Willingham to perform a study and analysis of the incidence of Learning Disabilities (LD)/Attention Deficit Hyperactivity Disorder (ADHD) in collegiate student-athletes; and it was shortly after the attention drawn by the briefing at an April 2013 College Sport Research Institute (CSRI) Conference in Chapel Hill that school officials retaliated against Willingham and Johnson, either due to the unwanted exposure of high LD/ADHD rates at UNC or due to Willingham's derivative claims from the study about literacy levels among revenue-sport student-athletes. (Other potential irritants to UNC may have been recent negative publicity from her contributions to News & Observer articles and her award by the Drake Group of the Hutchinson Award.)
Theory 2: Breach of Student Privacy Protections
Argument: The revelation, as evidenced by the April 2013 CSRI "poster brief" that Johnson and Willingham were improperly accessing and utilizing primary, identifiable human-subject data and thus violating privacy protections of Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA) and/or Institutional Review Board (IRB) governing regulations (45 CFR 46), led to personnel personnel actions against Willingham and termination of Johnson's contract.
Theory 3: Reevaluation and Process Improvement
Argument: UNC had begun reevaluating it's educational and psychological testing of student-athletes in 2012 or earlier, originating from concerns forwarded by the University's Learning Disability Services (LDS) and/or the athletic department's sports medicine staff about the screening methods in place producing extraordinarily high, and possibly flawed, LD/ADHD results. As a result of a year or more of evaluation, the university ultimately made a change in both process and service provider prior to screening incoming student-athletes in Fall 2013. This decision was unrelated to anything associated with Willingham/Johnson's study.
Objective:
The answer as to which theory is correct is not stated explicitly in any public document or statement found to date. In an attempt to assess which theory is more likely, the following is an evidence-based timeline which, it is hoped, will provide illumination as to the University's motives and actions during the Summer of 2013 with regard to Willingham and Johnson.
2007
January 9th, 2007
- Tom Gualtieri emails John Blanchard about a pilot LD/ADHD screening project, conducted with Mary Willingham and Dr. Lyn Johnson. The screening results of all incoming 2005 and 2006 football student-athletes and all 2006 women's basketball would become the basis of Willingham and Johnson's "Incidence of LD/ADHD in Collegiate Sport Athletes" study. (item contributed by Bluedevilicious.com)
- Gualtieri and Johnson had previously published Reliability and Validity of a Computerized Neurocognitive test battery called CNS Vital Signs (CNSVS) in October 2006, which is what served as the group screening tool in the pilot study above. Gualtieri was a psychology faculty member at UNC for 11 years and is founder and medical director of North Carolina Neuropsychiatry Clinics in Chapel Hill and Charlotte He is the developer of CNSVS. Johnson's Cognitive Neuropsychology of Chapel Hill utilizes the CNSVS screening method.
- This process, along with use of the computerized screening tool ImPACT, would also be adopted by the athletic department/ASPSA to screen all first-year scholarship student-athletes enrolled in Summer Session II terms from 2008 to 2012 (5 years), which would include all freshman on the football, men's and women's basketball and also baseball teams. This process would change Summer of 2013 as seen below.
2008
Feb/Mar 2012
March 25th, 2008
- Beth Bridger email asking Mary Willingham about whether or not Lyn Johnson would be screening incoming freshman for Fall 2008. Willingham indicates exploration of an alternative to Johnson saying "It might be time (finally) to implement some change in this area (not sure)."
May 16th, 2008
- Willingham files request with the Institution Review Board (IRB) for determination as to whether or not their approval and oversight is required for her study. If data serving as basis of her study is human subject data, IRB approval would be required; but since Willingham states in her application that she will be relying on secondary, de-identified data, the IRB determines (on 19 May) that approval from the IRB is not required.
- Here is the statement of her study objective from the IRB submission that mirrors that of the 2007 Gualtieri email to Blanchard, above.
2009
- Mary Willingham completes her Masters Degree thesis for UNC-Greensboro, titled "Academic & Athletics -- A Clash of Cultures: Division I Football Programs"
2010
January 2010
- Mary Willingham resigns from her position as Learning Specialist for the Academic Support Program for Student-Athletes (ASPSA) and becomes associate director of the Center for Student Success and Academic Counseling (CSSAC), serving under the director, Harold Woodard.
- She continues to be involved with the study of the incidence of LD/ADHD in college athletes, tracking academic progress and success of those identified.
2011
- No developments, events or communications pertinent to the subject yet uncovered from this CY.
2012
- Bradley Hack forwards concerns about Cognitive Neuropsychology's clinical testing to Beth Lyons, Robert Mercer and Mario Ciocca. Feedback gathered from David Coppel (U. of Washington) and Adam Shunk (St. Vincent Sports Performance). (item contributed by Bluedevilicious.com)
May 8th, 2012
- Beth Lyons, Beth Bridger and Robert Mercer discuss LD/ADHD screening concerns raised by Learning Disabilities Services (LDS) with Lyn Johnson, with Lyons reporting Johnson "did a good job defending the IMPACT test." (item contributed by Bluedevilicious.com)
- FY12-13 contract for Cognitive Neuropsychology PLLC (Dr. Lyn Johnson), through June 30th, 2013 (item contributed by Bluedevilicious.com)
2013
- The Drake Group announces Mary Willingham named as 2013 recipient of annual Hutchins Award, honoring "defense of academic integrity." The award is scheduled to be presented to Willingham on April 18th in Chapel Hill.
- A special committee of the Southern Association of Colleges & Schools, Commission on Colleges (SACSCOC) visits UNC and meets with school officials, during which they are told the problems were confined to "the unethical actions by two people," Dr. Julius Nyang'oro and Debbi Crowder.
- News & Observer's publishes Andew Carter article in which Mary Willingham is quoted alleging NCAA infractions and saying "I lied. I saw it."
- Mary Willingham is presented with the Drake Group's Hutchins Award.
- CSRI Conference held at Chapel Hill. Here is an image of "poster brief" abstract by Mary Willingham and Dr. Lyn Johnson.
- Beth Lyons forwards the abstract of Willingham's and Johnson's report being presented at the CSRI conference to Jenn Townsend.
- More from the CSRI Conference. This is the segment from the "poster brief" that Bradley Bethel would later say raised his and other Academic Support Program for Student-Athletes (ASPSA) staffers' eyebrows since it indicated Willingham was accessing and exploiting educational records that she should not have since leaving her ASPSA position in January 2010.
 |
| According Bethel in April 2014 Blog |
- Beth Lyons invites Jenn Townsend to meet with candidate psychologist Dennis Steil.
- News & Observer's publishes Andrew Carter article, [archived here] quoting comments Mary Willingham made in her speech during presentation of the Hutchins Award.
- Vince Ille emails Willingham about her comments in the April 18th, 2013 N&O article in which she admitted to participating activities that could potentially have been NCAA violations
- Vince Ille and Mary Willingham email exchange after her meeting with Bubba Cunningham on April 23rd.
- Willingham emails Holden Thorp about Vince Ille's communications with her
- A full copy of the 8-page report (PDF, pg 866) from the public document release; extracted from email from network scanner to Willingham on this date. (Note: unexplained inclusion, and scratch, of C. Thomas Gaultieri's name on title sheet. Possibly an older draft version, referencing the 2007 "pilot" study.) (item contributed by NinjaHeel)
May 21st, 2013
- Tom Timmerman submits purchase request to continue working with Cognitive Neuropsychology. (item contributed by Bluedevilicious.com)
June 3rd-5th, 2013
- Email chain between Chapel Hill psychologists Jen Younstrom and Beth Lyons and Jenn Townsend, cc'ing Michelle Brown, setting up interview for testing of student-athletes before Fall 2013.
- Beth Lyons reports to Michelle Brown on talks with other psychologists about improvements to LD/ADHD screening and full-battery testing processes.
June 24th, 2013
- UNC's Institutional Review Board (IRB) renews determination that Willingham and Johnson's study does not require IRB Approval (based on faulty submission testifying that the study protocol does not include primary data on human subjects). Review was in response to addition of Dr. Jay Smith as a secondary investigator. (Link to full timeline and records)
June 2013 (date undetermined)
- After three and half years in the position of assistant director of the Center for Student Academic Excellence (CSSCA) and reassigned by CSSCA director Harold Woodard as Graduate Studies counselor.
- Lyn Johnson email to Jan Boxill, communicating her dismay and confusion about ASPSA's sudden disenchantment with her services.
- Lyn Johnson sends the study abstract to Jan Boxill. Lyn Johnson is "baffled" by response to the brief by Beth Lyons, Jenn Townsend and "whoever else in ASPSA is in charge."
- Mary Willingham emails new UNC Provost James W. Dean, citing literacy findings
- Willingham and Smith discuss IRB application
- UNC renews purchase order for another year with Cognitive Neuropsychology (Dr. Lyn Johnson), with period of performance from July 1st 2013 through June 30th 2014 (item contributed by Bluedevilicious.com)
July 23rd-24th, 2013
- Kathy Griggs and Marielle Vangelder email exchange about no longer using Cognitive Psychology, PLLC and entering new work order with Davis Psychological Services. (item contributed by Bluedevilicious.com)
- Marielle Vangelder informs Michele Brown of change in clinical psychologist (item contributed by Bluedevilicious.com)
July 31st, 2013
- Requisition Change Order to "liquidate and finalize all funds for standing order W400338; will be using a different vendor for this service for FY13-14," formally ending UNC's contract with Cognitive Neuropsychology and Dr. Lyn Johnson. (item contributed by Bluedevilicious.com)
- Mary Willingham emails Lissa Broome about her concerns, similar to earlier email to July 18th email to the Provost. Broome's copies working group: James W. Dean, Bubba Cunningham, Vince Ille, Debbi Clarke, Michelle Brown and Stephen Farmer on her reply.
September 4th, 2013
- Amy Kleissler sends this note to Willingham (with emphasis added):
Mary
I began to compose this email to you in order to touch base with you about [personal detail], but after hearing Frank DeFord's profile of you this morning I had to re-title my email :)
I've been carrying around a lump in my throat for nearly a year over the hypocrisy that is our old office, and hearing Frank's final comment about you, that you still love the university, made me finally break for it is precisely how I feel.
I will admit that I have not had the courage and stomach to speak out so publicly the way you have done. For all the disappointment, disillusionment, and grief I feel over all the crap that has transpired, I cannot begin to fathom the degree to which others have forced these feelings on you. For that I am very sorry and wish I could have supported you more somehow. Plenty of people suffer unjust personal and professional disappointment or criticism, but it somehow feels that it cuts more deeply when you love what you do and believe with all your heart and experience that you are doing honorable work. Sometimes I wish I had never come forward with what I heard and saw, that I had not been so foolish as to believe that at its heart academic support was an honorable endeavor, and that I hadn't trusted that if I backed up what my department told me that they would back me in return. You could write the book on that! I could provide the anecdotes :) Hang in there and keep swinging.
Best
Amy
September 26th, 2013
October 11th, 2013
- Summary of History and Updated Policy for Referring a Student for Educational Testing with page explaining History of Screening/Testing Scholarship Student-Athletes, including this excerpt:
 |
| click for pg 3 |
- Theresa Maitland presents "A Discussion About College Students with ADHD/LD" at UNC Brown Bag Lunch Series
November 13th, 2013
- UNC's Institutional Review Board (IRB) renews determination that Willingham and Johnson's study does not require IRB Approval (based on same faulty submission as before, testifying that the study protocol does not include primary data on human subjects). Review was in response to modification to study's data analysis.
December 10th, 2013
- Willingham appears before the UNC Faculty Athletics Committee (FAC) to present observations on underprepared student-athletes and references her study data again.
2014
January 7th, 2014- Willingham appears as part of CNN's report "Some College Athletes Play Like Adults; Read Like 5th Graders"
- Declaration by Mary Willingham is filed in O'Bannon v NCAA
- UNC responds to CNN's report by Sara Ganim, featuring claims of Mary Willingham about reading deficiencies among some UNC student-athletes.
- UNC's Institutional Review Board (IRB) rescinds its prior determination that IRB Approval is not required after being alerted that Willingham, as study researcher, did possess identifiable human subject data. Willingham is invited to apply for Approval. (Subsequent discussions between Willingham, Southall and University IRB officials can be found here.)
February 21st, 2014
- UNC-CH Chancellor and UNC system President Tom Ross announce the hiring of an independent investigator to look more deeply into the academic irregularities of the African and African-American Studies department at UNC-CH. The impetus for the investigation is the dropping of charges against Dr. Julius Nyang'oro and his willingness, and that of former department administrative assistant Debbie Crowder, to cooperate with investigators.
- UNC responds to Dan Kane's public records request for information on termination of Dr. Lyn Johnson's contract. Regina Stabile cites final requisition order to "liquidate and finalize all funds for standing order W400338; will be using a different vendor for this service for FY13-14," and stating there are no other records responsive to Kane's request
April 11th, 2014
- UNC releases reports of three external reviewers, contracted to examine the "dataset" Willingham provided and which served as the foundation for her literacy claims of some UNC student-athletes. The university states Willingham's findings cannot be verified, and refute the accuracy of her claims. (Four days later, Willingham responded on her blog, PaperClassInc.)
- Dan Kane publishes an article in the News & Observer: "Psychologist who collaborated with Mary Willingham at UNC-Chapel Hill has contract cancelled."
- Bradley Bethel responds to the April 11th Kane article in his Coaching the Mind blog post "SATA-gate" article, recounting his version of events from the Willingham and Johnson CSRI "poster presentation" and Johnson's contract termination.
April 21st, 2014
- Mary Willingham announces plans to resign from UNC-Chapel Hill at the end of the 2014 Spring term.
- Daily Tarheel reports about Willingham's IRB application discrepancies.
- WRAL publishes coverage of Willingham's communications issues with UNC IRB, including posting of the submission paperwork, gained through public records request.
- WCHL/Chapelboro.com reports Bradley Bethel to pursue HIPAA violation report against Mary Willingham.
June 30th, 2014
- Mary Willingham files suit against UNC-CH, "accusing her former employer of retaliating against her for publicizing a long-running academic fraud designed to keep athletes eligible to play in the University’s revenue sports." (Suit is settled for $335,000 in March 2015.)
October 22nd, 2014
- The results of the Wainstein investigation are released.
November 19th, 2014
- In the wake of the Wainstein Report, SACSCOC requests updated information from UNC-CH, including the statement that "In at least two instances, people who were interviewed by [SACS special committee] appear to have had some prior concerns and/or knowledge of abnormal activity..." (excerpted)
- The "two instances" cited by SACS were deduced to have been Dean of the College of Arts & Sciences, Dr. Bobbi Owen, and the Director of the Center for Student Success and Academic Counseling (CSSAC) Dr. Harold Woodard.
- Woodward, at the time of the special committee visit and review in April 2013, was Mary Willingham's boss. He who would demote her from her position as associate director sometime during summer months following.
Conclusions
As of 3/8/2016, it is still too premature to assess the documentary evidence in order to test the three theories stated above.
But to date, the only information suggesting privacy concerns played a role in Willingham's demotion and Johnson's termination has come from Bradley Bethel, who has asserted his knowledge that Johnson's mishandling of student educational data was, or might have been, a contributing factor. Though University privacy concerns have not been evidenced in the records yet, as a former insider during the time in question, his testimony should be entered here:
February 23rd, 2016
- Bradley Bethel testifies to dual reasons, from his experience as as former-learning specialist on the ASPSA staff in 2013, as to why Johnson's contract was terminated: In an article on Coaching the Mind, he states:
- "concerns for rates of ADHD/LD diagnoses"
- "advocating for use of new psychologist"
- "we stopped contracting Johnson, after we had concerns she and Willingham had not conducted research properly."
- outside opinions "confirmed what I had suspected, that the methods Johnson was using were in some ways inadequate."
- "When UNC learned that the psychologists' methods were, to an extent, inadequate, UNC stopped working with her."
