The University of Hawaii is on the clock with 90 days to contest or accept Friday’s Notice of Allegations, in which the NCAA alleges multiple high-level violations by the Rainbow Warriors basketball program.
The NCAA classifies violations in four levels, and people briefed on the situation told the Honolulu Star-Advertiser several fall in the range of Level I ("severe breach of conduct") and Level II ("significant breach of conduct").
Overall, seven violations have been mentioned, although UH has apparently escaped the much-feared lack of institutional control charge, according to people who have been briefed on the document.
Allegations are said to revolve around impermissible benefits, practice time and alteration of a certified document, as well as obfuscation. Taken by themselves, UH officials have said, the violations would not be severe, but the pattern they are said to reflect and allegations of a lack of cooperation by some figures have compounded the situation.
The long-awaited notice came on the eve of the Rainbow Warriors’ game at Long Beach State on Saturday, the second of four games on their Big West Conference road trip. Head coach Benjy Taylor, who has been briefed by UH officials, did not immediately respond to a request for comment.
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WARRIOR TROUBLES
>> Who: UH men’s basketball program and the NCAA
>> What: After an eight-month investigation, the NCAA alleges seven serious rule violations at UH.
>> What’s next: UH and any parties named in the allegations have 90 days to contest the findings.
>> At stake: Penalties can vary but might include a postseason ban, scholarship reductions and suspensions.
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Once UH addresses the allegations, the NCAA has 60 days to answer.
Violations, if upheld by the Committee on Infractions, may be punishable by sanctions that include a postseason ban, scholarship reductions, suspensions and limits on practice time.
UH had been considering whether to self-impose some sanctions in advance of any meted out by the NCAA, but school officials declined comment Friday, saying the Office of General Counsel was still reviewing the document.
Officials refused to release or comment on its contents, declining to even acknowledge the length of the document. Nor did UH offer a timetable for its release.
The NCAA has declined comment on what it classifies as an ongoing investigation but allows schools to release information when pressed under state open-records laws. The Star-Advertiser filed a freedom of information request for an unredacted copy of the notice Friday afternoon.
UH spokesman Dan Meisenzahl said, "We’re working on what we can and cannot release. We want to be as transparent as we can, but there are privacy issues involving student-athletes, too. We want to do this right."
UH officials, who had been awaiting the official notice since late November, said they received it Friday afternoon. They then began notifying affected coaches and others, some of whom are said to have received their own notices from the NCAA.
Meisenzahl said UH President David Lassner, Manoa Chancellor Robert Bley-Vroman and members of the Board of Regents had been notified.
The apparent impetus for the investigation was a Jan. 9, 2014, incident in which UH reported that "a men’s basketball coach submitted an altered document that was essential for admissions purposes."
Assistant coach Brandyn Akana was suspended shortly thereafter, though head coach Gib Arnold insisted Akana’s absences from the team were "absolutely nothing."
The NCAA first dispatched an investigator to UH in March. Subsequently, more than 25 players, former players, coaches and administrators and at least one fan were interviewed through October. Some, including Arnold, Akana and Isaac Fotu, were interviewed on multiple occasions.
Arnold and Akana were dismissed "without cause" by UH on Oct. 28. The next day UH announced it had suspended Fotu, its all-conference returnee, indefinitely. Fotu left UH in November and signed a pro contract to play in Spain.
Upon learning of Friday’s developments, former player Zane Johnson said, "Well, I’m not surprised because once the NCAA starts looking at you, it’s a problem. Obviously, I hope for the best for Gib and (that) it gets sorted out, but at the same time I just hope the program doesn’t suffer."
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UNIVERSITY OF HAWAII BASKETBALL TIMELINE
>> Jan. 9, 2014: UH determines “a men’s basketball coach submitted an altered document that was essential for admissions purposes.”
>> Feb. 12: Assistant coach Brandyn Akana is absent from the team during a road trip to California, raising questions about his status. Head coach Gib Arnold says Akana’s absences are “absolutely nothing.”
>> Feb. 25: Akana is absent from the annual team picture-taking and has missed eight of the Rainbow Warriors’ past 10 games.
>> March 18: The Honolulu Star-Advertiser reports that the NCAA will conduct an in-person investigation of the UH men’s basketball team. Arnold says, “I am confident when all is said and done and the correct information is shared, Brandyn will be just fine and will be able to continue being the great assistant that he is.”
>> April 30: Players say they are being questioned by the NCAA about a wide range of issues surrounding the program.
>> May 1: At the team’s postseason banquet Arnold declares, “We are building a program the right way. We will continue to do this the right way. We aren’t cutting corners. I’m proud to sleep well tonight knowing we’re doing everything we can so that the people of Hawaii can be proud of this basketball program.”
>> May 17: In a statement, UH publicly acknowledges for the first time “there is an ongoing NCAA investigation of potential rules violations” hours before the Star-Advertiser reports that the NCAA is investigating a UH fan whose car was used by senior center Davis Rozitis.
>> June 16: In response to a state open-records law request, UH acknowledges six “ongoing” cases involving potential NCAA rules violations by the men’s basketball program.
>> June 24: Former UH coaching staff members confirm they have been interviewed by NCAA investigators.
>> July-August: Arnold hires prominent Kansas City, Mo., attorney Scott Tompsett, whom the National Law Journal calls the “go-to counsel for coaches involved in NCAA investigations.”
>> Aug. 11: UH confirms it has hired a high-powered Alabama law firm — Lightfoot, Franklin & White — to represent the school in the ongoing NCAA investigation.
>> Aug. 12: Reports surface the NCAA is investigating the reported gift of an iPad to a player as an extra benefit in possible violation of NCAA rules.
>> Oct. 17: NCAA reportedly substantially completes its investigation.
>> Oct. 28: UH announces that Arnold and Akana “have been relieved of coaching duties and are departing employment from the University of Hawaii.” Benjy Taylor is named acting head coach.
>> Oct. 29: Taylor announces that UH has suspended all-conference player Isaac Fotu indefinitely.
>> Nov. 3: Fotu announces his departure from UH and intention to turn pro.
>> Nov. 12: Fotu’s signing with CAI Zaragoza of the Spanish League is announced.
>> Jan. 30, 2015: UH receives “Notice of Allegations” from the NCAA.
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| NCAA CLASIFICATIONS OF VIOLATIONS
LEVEL I: Severe Breach of Conduct “Violations that severely undermine or threaten the integrity of the NCAA collegiate model as set forth in the (association’s) constitution and bylaws, including any violation that provides or is intended to provide a substantial or extensive recruiting, competitive or other advantage, or substantial or extensive impermissible benefit.” Examples: “Lack of institutional control. Academic fraud. Failure to cooperate in an NCAA enforcement investigation. Individual unethical or dishonest conduct. Head coach responsibility violation by a head coach resulting from an underlying Level I violation by an individual within the sport program.”
LEVEL II: Significant Breach of Conduct “Violations that provide or are intended to provide more than a minimal but less than a substantial or extensive recruiting, competitive or other advantage; includes more than a minimal but less than a substantial or extensive impermissible benefit; or involves conduct that may compromise the integrity of the NCAA collegiate model as set forth in the Constitution and bylaws.”
Examples: “Violations that do not rise to the level of Level I violations and are more serious than Level III violations. Failure to monitor. Systemic violations that do not amount to a lack of institutional control. Multiple recruiting, financial aid or eligibility violations that do not amount to a lack of institutional control. Collective Level III violations.”
LEVEL III: Breach of Conduct “Violations that are isolated or limited in nature; provide no more than minimal recruiting, competitive or other advantage; and do not include more than a minimal impermissible benefit.” Note: “Multiple Level IV violations may collectively be considered a breach of conduct.”
LEVEL IV: Incidental Issues “Incidental infractions that are inadvertent and isolated, technical in nature and result in a negligible, if any, competitive advantage. Level IV infractions generally do not affect eligibility for intercollegiate athletics.”
Source: NCAA
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The Star-Advertiser’s Dave Reardon contributed to this report.
