Saturday, December 31, 2016

Top 10 UNC Scandal "Trigger" Words & Phrases


Top 10 things UNC critics say that annoy UNC defenders


 #10.  The UNC scandal was academic "fraud"

   #9.  Deborah Crowder's activities were a "scheme"

   #8.  Academic counselors "steered" athletes to certain classes

   #7.  Mary Willingham: "whistleblower"

   #6  The classes were "fake" (or "bogus" or a "sham")

   #5. Wainstein vindicated Willingham

   #4.  The classes were "GPA boosters" (or some other derivation of "for athletes" or  "eligibility")

   #3. "Dan Kane deserves the Pulitzer"

   #2.  The "truth is in the transcripts"

   #1. The UNC scandal is the "biggest academic scandal in the history of the NCAA"



Top 10 things UNC defenders say that annoy UNC critics


#10. Deborah Crowder was just "misguided"

#9. UNC's instituted "80 Reforms." Time to "move ahead."

#8. Students "did the work"

#7. Courses were "easy, not fake" but "legitimate"

#6. "Everybody does it."

#5. The scandal has been "sensationalized" by the media

#4. Academic integrity is not in NCAA's "wheelhouse" (or "stay in your lane" as per Jay Bilas)

#3. Mary Willingham was "discredited"

#2. UNC's been "transparent" and "cooperative"

#1. The scandal was an "academic failure; not athletic-driven"

Tuesday, December 27, 2016

Bubba Cunningham's Remarks Re. 3rd Notice of Allegations

On December 22nd, 2016, University of North Carolina's Director of Athletics, Bubba Cunningham, addressed the media, following the University's release of the the NCAA enforcement's second amended Notice of Allegations. The following is a transcript of his opening remarks, annotated with references and commentary:



"Earlier today, or just a few hours ago I think that you have seen that we did release some of the documents that the NCAA has sent to us including the third Notice of Allegations in our case 1

“As many of you know, we have worked collaboratively with the NCAA enforcement staff for more than two years 2. And we’re not going to speculate on the merits of the case, but I can talk about the process, and we believe that the process has gotten off track and we have serious concerns about that 3

"Here’s how: in October we participated in a Committee on Infractions hearing about procedural and jurisdictional issues. And to my knowledge, that’s the only time a specific hearing simply on procedural and jurisdictional issues has ever occurred 4. Before that hearing, we submitted two letters that reflected a key part of the dialogue between the university and the enforcement staff 5. That’s important because we felt that the second Notice of Allegations issued in April fairly aligned the facts of our case with the appropriate NCAA bylaws and case precedent 6.

"The committee chair denied the university’s opportunity to include these two letters in the record the panel considered as evidence in the October hearing 7. In the letter we released today, the committee then cited the absence of the very same evidence in the instructions it gave to the enforcement staff to revisit the second Notice of Allegations 8. That means the university was deprived the opportunity to submit evidence in the case record and the committee used the lack of evidence against us 9

"Our outside counsel has written a letter to the chair of the Infractions Committee raising concerns about the NCAA’s process that has led to this third Notice 10. The university’s letter to the Infractions Committee’s chair said that key evidence previously denied for consideration by the panel must be made part of the case record 11

"We insist on fair and consistent treatment in this process 12. We’re concerned that the Committee on Infractions and the NCAA staff have not been consistent in how they apply bylaws and follow process in our case 13.

"I strongly encourage you visit the Carolina Commitment Web site for background about this case14. Please take time to read the University's response and accompanying links to the two specific letters which had previously been released and have been reposted on our Web site.15"


Notes:


1 This was the third iteration of the Notice of Allegations in NCAA Case No. 00231 http://carolinacommitment.unc.edu/carolina-comments-on-releases-ncaas-third-notice-of-allegations/. The original NOA was issued in May 2015. In August 2015, the process for that NOA was halted as UNC and the NCAA enforcement staff discussed new information and jurisdictional issues. In April 2016, an Amended Notice of Allegations (ANOA) was issued, removing key allegations from the original. After UNC submitted its response to the ANOA in August 2016, the Committee on Infractions convened a hearing to address procedural/jurisdictional issues still being raised by UNC, and after an October 28th, 2016 hearing before the panel, the Enforcement staff issued another revision, this time restoring the previously dropped allegations with new language.


2 Every official correspondence from UNC has reminded NCAA offices of it's open, transparent and cooperative behavior throughout the investigation.


3 All changes to the Notices of Allegations, to date, have been based on jurisdictional issues. NCAA Enforcement rationale for Amended Notice of Allegations has never been made known to the public, but UNC's belief is that the NCAA's decision was based on jurisdiction and applicability of NCAA bylaws regarding allegation #1 in the original Notice. The decision to revise the Notice yet again, reinserting the impermissible benefits allegation, is based on reversing the earlier jurisdictional decision and was not a merit-based decision related to any new or existing evidence in the case.


4 This NCAA case is unprecedented in many ways. According to the COI's hearing notification letter, there is precedence for holding a procedural issues-only hearing:

Regardless, the lack of precedence for a Committee on Infractions hearing convened for the sole purpose of addressing jurisdictional issues would only be a reflection of the unique and unprecedented nature of the case and of UNC's response to the Amended Notice of Allegations, which continued to raise procedural and jurisdictional issues. Mere lack of precedence or the unusual nature of the proceedings is not an indicator of departure from NCAA bylaws, procedures or protocols.


5 The two pieces of correspondence that are at the crux of UNC's procedural objection are: (1) A December 16th, 2015 letter from NCAA Enforcement to UNC: https://carolinacommitment.unc.edu/files/2016/12/December-16-2015-letter-from-Tom-Hosty-to-Rick-Evrard.pdf, and; (2) a January 7th, 2016 letter from UNC to NCAA Enforcement: https://carolinacommitment.unc.edu/files/2016/12/January-7-2016-letter-from-Rick-Evrard-to-Tom-Hosty.pdf. UNC feels these two communication artifacts are essential to explaining the rationale for the changes made in the April 2016 ANOA that were subsequently reversed in the wake of the October 28th, 2016 procedural hearing.


6 Cunningham's claim that the University feels the April 2016 Amended Notice of Allegations "fairly aligned the facts of our case with the appropriate NCAA bylaws and case precedent" is contrary to the arguments presented in UNC's Response to the ANOA. UNC's challenges to jurisdictional issues in that response belie Cunningham's claim, and it was these challenges that led to the 10/28 procedural hearing. Here is UNC's response to the Amended NOA: http://carolinacommitment.unc.edu/files/2016/08/UNC-Response-to-2016-ANOA.pdf


7 This is the October 18th, 2016 letter from the Managing Director of the Office of the Committee on Infractions, Joel McGormley, to which Cunningham refers, providing notice that UNC's request is denied on procedural grounds: http://carolinacommitment.unc.edu/files/2016/10/10.18.2016-COI-Response-to-Letter-to-Tom-Hosty.pdf


8 Cunningham refers to this November 28th, 2016 letter from the Committee on Infractions, informing All Parties of the panel's rejection of the University's five jurisdictional issues raised by its response to the ANOA and at the 10/28 procedural. It does not, however, include instruction to the Enforcement staff to revise the NOA. It advises All Parties that "should any amendments or further actions be required to the ANOA, the parties should inform the panel as soon as possible, but no later than Tuesday, January 3, 2017." https://carolinacommitment.unc.edu/files/2016/12/November-28-2016-letter-from-Committee-on-Infractions.pdf. The COI Panel did not direct the rewrite of the allegations; it requested the Enforcement staff to review the ANOA:


9 The passage to which Cunningham refers is the statement by the COI in the 11/28/2016 letter referenced in the previous note. In the first full paragraph of pg 3 of that letter, the panel states:
COI Letter to All Parties, dated 28 November 2016
UNC's objection is that the denial of the COI to permit introduction of the correspondence between UNC and the NCAA enforcement staff that predated the first NOA amendment would have given UNC a fair opportunity to address the "underlying reasons for amending the original NOA," at the 10/28 procedural hearing.


10 Rick Evrard of Bond, Schoeneck & King, on behalf of the University, submitted a response to the Committee Chairman, Greg Sankey, objecting to the Committee's decision and the Enforcement department's actions in amending the Notice of Allegations.  https://carolinacommitment.unc.edu/files/2016/12/December-21-2016-letter-from-Rick-Evrard-to-Greg-Sankey.pdf. Evrard does not object to the unprecedented procedural hearing or the latitude with which the COI may consider allegations not proffered by the Enforcement staff. Rather, the objection Evrard makes is to the fairness of not allowing the two communication items to be entered into the record, arguing that failing to do so denied the University of its ability to provide the rationale for the earlier NOA modification.


11 What neither Cunningham in his remarks nor Evrard in the 12/21 letter referenced above have acknowledged is that the COI did provide the University the opportunity to make a supplemental response part of the case record, allowing the University to make its argument, albeit with certain limitations. In its rejection of UNC's request to enter those letters into the record for the procedural hearing, the COI advised UNC:
COI Letter to All Parties, dated 17 October 2016



12 Though various UNC outlets have claimed the COI is violating NCAA rules and procedures in various ways through these unusual actions and decisions, at no point have specific bylaws or operating procedures violated been cited. General notices of "fairness" have been referenced, which could give rise to UNC charging the NCAA is violating Article 2.8.2:

NCAA Bylaws


13 It is completely within the purview of the Committee on Infractions to consider Allegations beyond that presented by the NCAA Enforcement staff. It could do so without requiring an amended Notice of Allegation. Likewise, the COI could have chosen to combine both procedure and merit-based arguments at a single hearing, but opting to segregate them into separate hearings does not violate any procedural protocols. In fact, taking the unusual measure of providing a separate procedural hearing and affording UNC an updated Notice of Allegations provides the University even greater due process and fairness, contrary to the University's objections. What the University is claiming is inconsistency in the disparate actions and decisions of the Enforcement staff from May 2015 to December 2016 compared with those of the Committee on Infractions since August 2016. UNC is desiring the COI to be bound by earlier decisions negotiated by UNC with the Enforcement staff, calling its failure to do "inconsistent."


14 UNC's portal for NCAA updates: http://carolinacommitment.unc.edu/updates/



15 These letters and many other links provided by UNC can be found at: http://carolinacommitment.unc.edu/carolina-comments-on-releases-ncaas-third-notice-of-allegations/ 



Monday, December 26, 2016

Fake Classes

The "shadow curriculum" uncovered in UNC-Chapel Hill's African and African American (AFAM) Studies department that had festered for about 23 years until Summer 2011 was a scandal. No debate about it. I don't think there's anyone who insists it wasn't scandalous.

Where people begin to part ways is over where culpability for the scandal lies, what the motives were, just how bad the scandal was and whether or not enough has been done about it put it all in the past and Move Forward.

For those who believe the scandal has been exaggerated and "sensationalized" by the news media, little is more vexing than the word choices for the scandalous classes. Similarly, critics of UNC have noted how UNC has steadfastly avoided certain words or phrases to describe the scandal to downplay and segregate contextual issues, depending on its audience. The word play debate has become a contest of so-called "narratives" in how the story is told.

The Wainstein Report never calls the classes "fraudulent or "fake." Instead, the Report (even in its title) calls these classes "irregular" and to a lesser extent, carries over the word choice of "anomalous" from the 2012 Martin Report. The University, itself, in official responses to its accrediting agency, SACSCOC, consistently avoids labeling the classes as "fraudulent," and sticks with the convention of Martin and Wainstein in calling the classes "irregular" and "anomalous."

Even on this blog, I've dogmatically used the institution's preferred phraseology, avoiding the use of "fake, "scam" or "phony," even though, editorially speaking, I don't disagree with the application of those adjectives.

The one exception was in UNC's first post-Wainstein response to SACS, in January 2015.

Though Wainstein's report didn't explicitly characterize the curricular abnormalities as "academic fraud," SACS did when it reopened its inquiry of UNC's curriculum in November 2014 on the basis of the Wainstein investigation findings, addressing the issue as one of "fraud."



In it's response to SACS, UNC presented a chastened tone:



UNC legalists probably wish that letter could be re-articulated, because in all subsequent reports and responses to SACS, NCAA and in every other official public release, UNC has not referred to the issue as one of "fraud;" instead  it has carefully adhered to the Martin and Wainstein language of "irregularities" and "anomalous courses."

The University's  longstanding ameliorating arguments to the "fraudulent" nature of the classes has been that though the courses were deficient, there is no evidence that credit was ever awarded for classes:
  1. that hadn't been approved by the University and accredited; or,
  2. in which students didn't "do the work." 
As this argument goes, the classes weren't, therefore, "fraudulent," but rather just "easy" and not up to the standards of UNC-Chapel Hill. Some UNC apologists also note that the classes, though "irregular" and sub-standard, have never been discredited; ergo, they remain legitimate regardless of how bereft of academic merit they might have been.

The onus of discrediting the classes rests solely with the University, itself. The authority of SACS is on accreditation going forward, and not on credits already granted. Even before Wainstein, SACS president Belle Wheelan appealed to UNC to "make whole" the degrees of those students whose transcripts might have been impacted by the scandal. That was the best SACS could do with respect to credits already rewarded. But it is University policy is that transcripts are "sealed" after one year and cannot be changed. Thus, no credit for past courses, whether "irregular," "fraudulent," or "bogus," can be altered. I can't speak to how binding University policy truly is, but there has been no incentive for UNC to break with policy, given what that would signify if it were to concede illegitimacy of prior approved academic credit.


We keep hearing complaints about media "narrative," but everyone has a "narrative." The University, itself, by standing by its policy on sealed transcripts as inviolate and avoiding reference to the scandalous classes" as "fraudulent" is engaged in a "narrative." Proponents defending the University champion a "narrative" when they claim the classes were legitimate, albeit overly easy, and that the same sort of thing happens in university curricula everywhere.

"Fake" and "bogus" don't solely connote "non-existent." like the Loch Ness monster. The words also mean "insincere," "counterfeit," "inauthentic;" or basically "not what they said they were."

No one refers to a "fake" Rolex watch as one that doesn't exist. The watch is real watch. It's just not a real Rolex watch. Someone "did the work" and built the watch. Rolex could try to prosecute the manufacturer or distributor to put a stop to the counterfeiting, yet also tell customers who bought such a counterfeit that it can't refund the buyer's money. But I can't imagine Rolex ever saying because the watch exists and works (or at least did work for awhile) it's not fake.

A class cataloged and described to be a lecture class but which, in actuality, was offered as an independent study is disingenuous. If, on an exception basis, the practice was sanctioned on occasion, documented and approved, it wouldn't be inauthentic. It might be "irregular," but it would have had explicit approval to be "sold" as such. But the machinations of the so-called "shadow curriculum" were done to keep it under the radar, in a "nudge-nudge-wink-wink, say no more" kind of way. Legitimacy is not preserved just because students turned something in at the end or just because the University won't discredit the classes.

And even if it was never listed as a lecture class, but was in the course catalog as an Independent Study, if it was administered with the sort of "irregularities" described by UNC's own investigations, no amount of weasel wording can salvage those classes as being merely "easy" and simply below University standards, rather than not truly on the up-and-up. A perfunctory "work" submission doesn't render a class un-fake.

The hand-wringing over pejorative word choice as being inaccurate or sensationalizing reveals a lack of true ownership for what transpired at UNC for at least 23 years. Of course, UNC advocates want to minimize the breadth and extent of the scandal. It's their counter-narrative to the one to which they object. But it's not the truth. It's a gloss.

It's natural to want to limit damage to already-standing edifices. But sometimes to truly correct a problem, you need to tear into the foundations to be confident that the rot, or the conditions that permitted the rot, are fully excised. The University and its proponents keep reminding us of the 80 Reforms that have been enacted and how the University should now be seen as an exemplar moving forward. Yet there is still a dedicated engagement by the University in 'damage control,' fighting petty battles over word games and trying to walk the edge between appearing to be contrite while also battling would-be watchdogs and critical coverage.

The AFAM faculty and even Dr. Nyang'oro himself called it a "shadow curriculum."

The Martin Report called them "anomalies" and "phantom classes"

The Wainstein Report called them "irregularities"

SACS called it "academic fraud," (and UNC, for a brief instant, agreed).

The classes weren't simply "easy."

They weren't "legitimate" just because student "did the work" and the University hasn't removed credits.

The classes were bogus.

The classes were fake.

It's not just a "media narrative" or editorial skewage to call them such. Resisting such characterization is skewing.

Unless, and until, the University and its proponents cease to quibble over words and worry more about mitigating public perception damage, the scandal will never truly resolve no matter how many self-congratulatory reforms are put into place. You can't expect to truly remedy a problem if you don't honestly address and admit what the problem was.



Note: the list of "bogus" classes identified by the Wainstein investigation are found in tables of the accompanying Exhibits file, starting on page 90. It includes irregular Independent Studies, "Paper classes (Lecture classes conducted as Independent Studies), and the Bifurcated classes (hybrids of the first two types).


Friday, December 23, 2016

Upon Further Review

Bradley Bethel, on July 16th, 2016 in a presentation to the Upon Further Review panel in Pittsburgh, PA:
"I can say, confidently, that my film actually did have an influence on the NCAA. I sent the film to the NCAA -- several people in the NCAA -- and the nice thing is we sent them links and we can actually see who watches. So we know that they watched, even multiple times.
"And when the NCAA issued a new Notice of Allegations, they dropped the charges against the academic counselors. And so, that as a historical record -- the Notice of Allegations -- it sort of exonerates the counselors.
There's still the Wainstein Report out there, but...I feel like, I'm starting to get the film out, get it seen by people, it's starting to make a difference, and so I feel good, quite simply. "

In light of the most recent developments in UNC's case now before the NCAA Committee on Infractions, I thought back to this statement by Bethel. The NCAA enforcement staff's winnowing of the Notice of Allegations (NOA) to exclude the "impermissible benefits" allegations that had implicated academic counselors involvement in the academic "irregularities" in UNC's African and African American (AFAM) Studies Department


Bradley Bethel's  campaign to counter what he says is a media-fueled "narrative" about the academic scandal at UNC has found a sympathetic ear among those critical the how the Sandusky scandal and the subsequent media storm impacted Penn State football.

So when Penn State alumnus Franco Harris hosted a one of the town hall-style panels titled "Upon Further Review" in Pittsburgh last summer, Bethel was invited to talk about his UNC experience and his documentary film "Unverified."

Below is the entire video. Bethel makes the remarks in the transcript above starting at the 1hr 34m 3s mark here:




Wednesday, December 21, 2016

Anatomy of a Scandal

The following is the text of UNC Associate Professor Reginald F. Hildebrand's letter titled "Anatomy of a Scandal," distributed sometime in the Fall of 2012, well after the Hartlyn-Andrews Report but before the Martin/Baker-Tilly Report. The original PDF can be viewed or downloaded here. Every effort has been made to preserve Dr. Hildebrand's original text in this transcription.


Begin quoted essay
There it was, the line in the story that I had been looking for, the one that said that the “former department chair” and the “longtime former department administrator were the "only ones the university's internal investigation said could have created 'aberrant or irregularly taught courses'"1 in the Department of African and Afro-American Studies at UNC Chapel Hill, the department where I teach.
Of course, that was not news to me or to any of my colleagues, but I believed that it might offer a new perspective to most of the people who have learned about this scandal through the press. How could it be otherwise after over year of a steady flow of stories and broadcasts that cast disturbing dark clouds of suspicion over the ethics and integrity of the whole department. Those stories made it appear as though our primary function has been to maintain the eligibility of athletes, by providing them with good grades, for fluff courses, that did not require the attendance of either students or professors.
The headlines and editorials in the News and Observer, and in the Daily Tar Heel, our own campus newspaper, screamed that the department had committed "fraud' and had compromised the integrity of the university. So, I could understand why an outraged student would write a letter to the editor of the DTH urging the elimination of “the entire African and Afro-American Studies department" because it had “brought shame and embarrassment onto the entire UNC community.”2
Too bad that the exculpatory sentence I was so glad to find was actually buried in the 13th paragraph of an article in the Durham Herald Sun.
Of course, being clear and specific about the individuals who were responsible for creating the sham courses does not mitigate the magnitude of the harm that has been done to the university, but it does begin to reveal that the reputation and morale of the entire faculty of one department have been battered for months without sound reasons.
At least since last spring, when the Dean's Office issued its “Review of Courses in the Department of African and Afro-American Studies,”3 it has been clear that a kind of shadow curriculum had been devised and orchestrated by the former department administrator and the former department chair. That shadow curriculum was taught mainly during the summer, when most of the regular faculty were away doing research, and it was taught entirely by one person, the former chair. The shadow curriculum offered courses with exactly the same names and numbers as courses that were taught during the regular fall and spring semesters, but that was the only resemblance that the two sets of courses had to each other. For example, the News and Observer reported correctly that thc "Afro-American Seminar class, known as...AFAM398...appears four times as a no-show class"4 in the Dean's report. I know something about AFAM398, because I taught that course for many years, in fact, I helped develop it. My students had to read, and critically engage, six seminal Afro-American Studies texts, and they also heard a lecture from my colleague Perry Hall who has written the most authoritative analysis of the history of the field of Afro-American Studies. In addition, they had to do comparative analyses of the portrayals of black culture in Jamaica and Martinique in two classic films. For written work, they were required to write three five page critical analyses and one ten page research essay.
Whenever the enrollment for the course rose above 20, I would routinely volunteer to teach an extra section - without extra compensation - to insure that the quality of the interaction that students had with me, and with each other, would not be diluted. The last time I taught the course - with a pro-bono extra section - was just last year. So, I know the content of AFAM398 very well.... that is I know the content of the course that was actually taken by most of our majors, and that course was definitely not a “no show.”
Until I read the Dean's report, I was completely unaware that another version of the "AFAM Seminar" had been offered during the summer on four occasions. I was not informed or consulted about it, and if I had been I would have said that it was pedagogically impossible to conduct that seminar adequately during a brief summer session. Still, a shadow has been cast overthe real seminar, because the press reported on the sham course with the same name and number.
Here are some percentages that I worked out based on some figures in the Dean's report. Of all the “registered students” in AFAM courses between the summer of 2007 and the summer of 2011, 95.4% were in regular courses, taught by the regular faculty. Only 4.6% were registered in the shadow curriculum of “aberrant and irregular" courses.5 Certainly, 4.6 is too large a percentage, but it does not quite evoke the image of a department riddled with fraudulent classes filled with athletes seeking an easy major. By the way, in his testimony before the UNC Board of Governors at the end of August, the Director of Athletics reported that of all the current athletics who have a declared major, TWO are majoring in African and Afro-American Studies, That was not a misprint, only two athletes are majoring in African and Afro-American Studies.6
People often make assumptions about what we teach, who we teach, and how we teach. I taught a section of our introductory survey course last summer. About a third of the students in that class were Asian Americans, about a third were white, and about a third were black. To my knowledge, none of them were athletes, but if they had been, they would have been welcome, as would have been any students who had an interest in the subject, and were willing to do the work.
In an extraordinarily clever, tenacious, and technologically resourceful effort to further implicate the department in fraud, the private academic records of [redacted] were found by hackers, put online, and made available for scrutiny and ridicule by the press and the general public. (The University acknowledged that it should have provided better protection for the confidentiality of those records.)7
[redacted] had been one our majors over a decade ago. I suppose that it's hard to feel sorry for a successful and well-known professional athlete.....but the records that were flung into the blogosphere were those of a 17 or 18 year old kid, who was overwhelmed and struggling, and probably more than a little scared that he might lose everything, and have to return home in disgrace. He got [redacted] in both of the AFAM introductory survey courses.
That young man did not recruit himself to come to Carolina. He did not admit himself to the university, or advise himself on which courses to take. He tried to do everything that was asked of him. But he made one terrible mistake. He was an athlete, who took courses in African and Afro-American Studies, and he managed to get some acceptable grades. He should have known better. His good grades are now regarded as prima facie evidence that his courses were fraudulent, and that his professors were most probably ethically challenged scoundrels lacking in character and competence.
It is not unusual for new students to take a while to get their 'sea legs". Nor is it unusual for students to get their best grades in the subject they have chosen for their major. Still, it is possible that there may have been some chicanery involved with those grades from a decade ago. But the threshold for [publicly] trashing the reputation of a specific person should be a little higher than suspicion, conjecture, and guilt by association.
Even though [redacted] has been dragged into the center ring of a media circus, he has consistently conducted himself as a gentleman. He must know that his records, reputation and fame were simply being used as battering rams to open a new phase in an ongoing investigation of African and Afro-American Studies.
Back in 2005, [redacted] sponsored an academic enrichment program for middle and high school boys in Chapel Hill, Carborro and Durham, and in 2009 he donated [redacted] to a scholarship fund sponsored by the UNC Black Alumni Reunion, to which he recently made another gift of [redacted]8
In the current atmosphere, one can almost imagine a McCarthy-like interrogation of some hapless athletic: "Are you now, or have you ever been, enrolled in a course in the Department of African and Afro-American Studies?" And we wait for someone to respond as Joseph Welch did in 1954 when the reputation of a young member of his law firm was attacked: “Little did I dream you could be so reckless and cruel...he shall always bear a scar needlessly inflicted by you, You have done enough."
Enough??? Well, so far there have been four separate investigations of our department, including the investigations of the original investigation, but not counting the investigations being conducted by the press and broadcast media, and by some relentless bloggers from NC Statc. One afternoon in July, two vans from a television station in Raleigh pulled up in front of my home. Two reporters then proceeded to attempt to catch me unexpectedly, in the tradition of Mike Wallace and of "Dateline: To Catch a Predator.” That remarkable news "sweep” did not spare the home of my distinguished octogenarian colleague, who once served as thc Attorney General of Ethiopia, nor was my colleague with young children spared thc intrusion. I have taken calls from a print journalist after 9:30 at night. Two agents of the State Bureau of Investigation interviewed me for over an hour in my office on campus, and on two occasions I have dutifully gathered documents from every course I taught between 2007 and 2011 and trooped over to thc Dean's Office to respond to questions. I have talked with a subcommittee of the Faculty Council, and not long ago I sat with a delegation of my colleagues as our new chair made a report to a special investigatory panel of the Board of Governors. If the members of our department had been charged with murder in the first degree, we could only have been tried once.
I should add that all of my interrogators were pleasant, and a couple of them are friends. I think that with the exception of the professional journalists, they all wished that they could have been doing something else. So did I.
I understand that former Governor Jim Martin and the consulting firm of Baker Tilly Virchow, Krause LLP have launched a fifth investigation, but their mandate is not limited to African & Afro-American Studies and they will examine years before 2007, which was the end date of the Dean's report. Maybe the fifth time will be the charm.
In the meantime, the department has gone through a top to bottom re-organization. We have had new office administrators for a couple of years. A year ago, we were assigned an interim chair from the Political Science Department. In January, Eunice Sahle, a highly respected member of our department, became our new chair. She accepted a very heavy responsibility and has worked unstintingly, We now have new organizational structures and committees, new procedures, guidelines, requirements, and policies that will produce greater accountability and transparency, and provide for more active faculty governance in matters large and small. We have expanded the guidelines for what information must be included on course syllabi. We have established more stringent criteria for allowing students to do independent study, and after regular registration, no student can be added to the roll of any class without the knowledge and permission of the chair of the department. We also have new and more efficient methods of record keeping. The department is now governed by a notebook of policies and procedures that would probably be more than adequate to run General Motors.
After 20 years under one chair, and 30 years with the same administrator, we were long overdue for a season of reform and restructuring. But in this case, our reforms also serve the purpose of helping us try to assure a very skeptical public that we will never do again, what none of us now in the department ever did in the first place,
As a practical matter, the specific problem we are dealing with was resolved over a year ago, on the day when our former chair stepped down, and the shadow curriculum ceased to exist. Period, Since then we have been hoping that the clouds would lift and the aspersions would cease, so that we could get on with our work.
All of this has been made all the more difficult, complicated, sensitive, and painful, because of race. Race is the whale that has been swimming just below the surface during this whole travail, even though many observers insist that it is not there. Just raising the issue has a tendency to make discussions shut down or blow up, so we avoid the subject. The fact is that we aren't just talking about athletics and academics in general. For the most part, we are talking about black athletes in the Department African and Afro-American Studies. Questions about the integrity with which we teach, seamlessly slide into questions about the legitimacy of what we teach, and even a few judgmental assumptions about who we teach.
Suppose that the chairs and office administrators of the departments of Political Science or Physics were caught misusing their authority in a manner similar to what happened in our department. It is hard to imagine that the legitimacy and value of those whole fields of study would be called into question, or that every faculty member in those departments would have to go through serial investigations. Because of race, there are some negative assumptions, questions, and suspicions that adhere to our department. We don't have to become as obsessed as Captain Ahab, but we shouldn't ignore the whale either.
Our department has become a kind of pinata, that earnest, honorable, and genuinely sincere people feel obligated to take a whack at, in the name of restoring the wholesomeness and integrity of the relationships that had existed between the university, and student athletics, and the world of lucrative corporate endorsements, merchandising agreements, TV deals, luxury boxes, and multi-million dollar coaching contracts. I think that many people hope that once the department has been raked over the coals sufficiently, the rest of the university can go back to rooting for the football team, just like nothing had ever happened.
Of course, anyone who has read Taylor Branch's article in The Atlantic, called "The Shame of College Sports," or Charles Clotfelter's book, Big-Time Sports in American Universities, or is familiar with the often stated views of former UNC President William Friday, knows that the underlying problem does not begin and end in one department, or with two individuals.
There is no tension between a genuine amateur athletic program of high quality and the educational mission of a great university, none at all. The problems in that realm can be worked out. But there is a fundamental conflict between the values and responsibilities of a community learning, and the legitimate business requirements of running a successful professional minor league franchise. The market is very clear on one point. A good coach for a revenue producing sport is worth many times more than a great chancellor, or a distinguished scholar. In fact, some coaches are worth more than entire academic departments. That’s why the athletics industry cannot set the priorities, or compromise the values, of a community of learning. They're different priorities. They're different values. One cannot help but corrode the other.
According to the current business model, the best athletic talent available is obtained by providing them with scholarships and admission to outstanding universities, instead of pay. Everybody believes in affirmative action when it comes to the admission of athletes. On the face of it, athletic scholarships are certainly in keeping with the values of a community of learning...but they have a catch. In order to get a meaningful education, many athletics would have to commit significant amounts of extra time to studying during their first few semesters, or until they got up to speed. The catch is that no serious athletics business could allow them to do that. The expectation is that they will make their sport their first priority, and it is understood that they will have less time for study than other students.
The athletic industry at UNC has compensated for this by devising an elaborate and expensive apparatus for academic support that includes tutors and note takers and a 29,000 square foot Academic Support Center, named in honor of John W. Pope, in recognition of a $3 million dollar gift from the Pope Foundation.9 In short, revenue producing sports do whatever is necessary to make it possible for athletes to keep their primary focus on their main job, and still survive in the classroom, The only thing it can't allow them to do is to make education their first priority. It isn't that coaches don't really care about the welfare of the young men whose lives they structure. It's just that they have millions of dollars at stake. In addition, every student athlete knows full well that unless they remain focused and fully committed to their sport, their already slim chances of graduating to the NFL or NBA will dwindle to zero. This is a business and a profession. It is not a game.
If there actually is a special virtue in preserving the ethos of amateur (i.e. unpaid) sports, then coaches and NCAA and ACC officials could be expected to model that virtue. They too should work without pay as volunteers, or only receive modest stipends, What used to be their income could go instead into need-based scholarships across the university. Symbolically, that would reaffirm the athletic program's commitment to the priority of the educational mission. That would give everybody something to cheer about. Of course, that would never happen because, well...business is business, You have to be a little suspicious about people who profit from imposing virtue on others.
Another fond hope of people who long to square this circle, is that athletes should become fully integrated into the life of the campus, and that they should not be allowed to live in a parallel universe of special, separate, academic support systems. If it is reasonable to expect revenue producing athletes to also be full-time students, taking demanding courses, and fully integrated into the life of the campus, then it could also be reasonable to expect coaches to be full-time academics, teaching demanding courses, and fully integrated into the life of the faculty.
Of course, the moment we consider what would be the consequences of asking highly paid coaches and athletic officials to accept some of the same kinds of conditions and expectations that we routinely impose on student athletes, it becomes apparent that we are engaged in wishful thinking. We really want to believe that if we are tough and sincere, this business can be made to operate as something other than a business. It can’t. (And athletics is only the most visible of the business interests that try to modify the mission and values of universities to suit their particular needs, not to be confused with businesses who actually do support the educational mission as a corporate and civic responsibility.)
In moments of sober reflection, we are forced to confront the fact that this charade can only be kept going through the resourceful manipulation of smoke and mirrors and by a lot of winking and nodding. The system will find, or create, enough academic wiggle room and gimmicks to keep things moving along. When folks get caught doing just that, we are shocked, sickened, and indignant, and profess that we won't rest until we get to the bottom of whatever infraction happens to be the current scandal. It would be more honest to just keep quiet, and be ashamed, and accept responsibility for the system that we have created and enjoy.
If we are not going to have genuine amateurism in marquee sports, then universities should develop some non-exploitative ways for their students to work within the business model of the athletic entertainment industry. One proposal could be to allow student athletes to take half the normal course load during four years of eligibility. That would finally be a realistic and honest acknowledgment of the amount of time, energy, and focus that is required by revenue-producing sports, and of the amount of time athletics actually have available for serious study. That would greatly reduce the need for winking and nodding,
At the end of their four years of eligibility, athletics would be granted full scholarships for two years, that could be used at the school where they played, or at any other school where they chose to complete their degree. In this plan, after their career on the playing field is over, they will actually be given an opportunity to make their education their first priority, and to become full members of a community of learning.
A few of them will have the option of moving directly into professional sports. A significant number will find other things to do with their lives and will not use the scholarship....but for those who want it, it will be there, and this time there will be no catch. No elaborate system of bells and whistles, just a real chance to be a student and get an education. It would be sort of like an athletic version of the G.I. Bill. This proposal is flawed and imperfect to be sure, but flawed and imperfect compared to what?
Another alternative would be to simply pay players the way you would pay any other professional athletics in the minor leagues, and allow them to take classes as an employee benefit, But of course, the most desirable path would be for universities to cease being adjuncts of the athletic entertainment industry, That is not their business.
Over a thirty year period, our former department administrator accumulated far too much power, in part because the former chair was often disengaged. She used that power to become a major supplier of academic wiggle room, but she also helped all kinds of students in legitimate ways. Students who desperately needed to get into a course in order to graduate, or to keep their scholarship...they knew they could turn to her for help, as did two of my colleagues after they were stricken with cancer.
I hate what has happened to the reputation of my department and of the whole university because of what she did, but if anybody wants to form a delegation to symbolically burn the evil ogre at the stake, they can just count me out. A lot of people in the athletics industry knowingly benefitted from what she did, and none of them said stop we can't go along with this. There are more than a few self-serving, pious hypocrites involved in this mess, but she is not one of them.
It seems that almost anything is fair game in scandal reporting. The News and Observer published her age, her salary, and the name of the man with whom she has had a "long time personal relationship." It also revealed where that man worked as a public school teacher. The paper published the names of all her facebook friends who had anything to do with athletics. It also identified the kind of music and the breed of dog she likes.10 Even in the midst of scandal, surely there must be some category of information that remains irrelevant, immaterial, and nobody's business.
An unrelenting, media-driven search for scandal is inherently destructive, even if its objectives are noble. No matter how powerful and insistent the outside pressures, universities must remain communities of learning, and must deal with issues and individuals and athletic programs in a manner that is consistent with the values of communities of learning. At a recent meeting, UNC's Faculty Council passed a resolution in support of the members of our department who are guilty of no fraud, and in recognition of what we have been through. They also heard a statement read on behalf of the department by my colleague, Kia Caldwell. Following the statement, everyone in a very crowded meeting room rose to their feet. That meant a lot, and it helped heal some wounds.
There are other signs that the tide is beginning to turn. So, I hope that someday, we will see headlines that proclaim that the ethics and integrity of the members of the faculty of the Department of African and Afro-American Studies have been cleared of all suspicion, and that their full cooperation with every official investigation has been gratefully acknowledged. I hope that someday soon someone will say - Enough.
-Reginald F. Hildebrand, Associate Professor of African and Afro-American Studies



  1. Gregory Childress, “UNC Employee Disciplined Over Release of Peppers Transcript,” The Durham Herald Sun, August 31, 2012.
  2. Andrew Levine." Academic Fraud Scandal Requires Drastic Fix." The Daily Tar Heel, August 20, 2012.
  3. Jonathan Hartlyn and William L. Andrews, Review of Courses in the Department of African and Afro-American Studies, College of Arts and Sciences." University of North Carolina at Chapel Hill, May 2, 2012.
  4. Dan Kane, “Transcript in UNC Probe May Belong to Julius Peppers.” The Raleigh News and Observer, August 13, 2012; and Kane, "UNC Reluctant to Dig Deeper on Scandal." N & O, August ll, 2012.
  5. There was a total of 14,234 “registered students.” Of them 59 were registered in “aberrant” courses, and 599 were in courses “taught irregularly,” a total of 658 students, Based on figures in Hartlyn and Andrews, pp. 3-4.
  6. Jane Stancill, "UNC Promises Major Changes in Wake of Academic Scandal." N & O, August 31, 2012. This statistic was confirmed in an email from the Director of Athletics, Bubba Cunningham on August 31, 2012.
  7. “University Statements on Transcript issue,” UNC News Service, August 30, 2012.
  8. Peppers Donates $100,000 to Scholarship Fund,” statement posted online by UNC General Alumni Association, February 2, 2009; Childress, “Peppers Donates $250K to UNC.” Herald Sun, August 20, 2012
  9. Chris Baysden, “Pope Foundation Donates $3M to UNC's Kenan Stadium Renovation.” Triangle Business Journal, April 5, 2011,
  10. Kane, "Former UNC Aide was close to Athletics.' N & O. June 15, 2012
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