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James McGrath is the Managing Partner of McGrath & Grace, Ltd., a law firm that specializes in conducting independent corporate internal investigations worldwide.  The former chief legal officer of a federally-funded narcotics task force in Cleveland, Ohio and a former prosecutor, he has been published in leading legal and compliance and ethics publications, and his writings have been commented on by the Wall Street Journal Online, leading blogs, and the Department of Justice.

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Best Not to Jump Gun in Collegiate Athletics Investigations

The late President Ronald Reagan had a philosophy about arms reduction treaties with the former Soviet Union:  trust but verify. One would think that with recent history bearing out the wisdom of that practice as regards athletic recruiting and eligibility scandals, university administrators would avoid rushing to judgment and proclaiming the innocence of their programs and coaching staffs before the results of internal and external investigations are known.  

Back on March 3, 2011, Yahoo!Sports broke the story of a Houston-based high school football talent evaluator named Willie Lyles and his relationship with the University of Oregon’s program.  The relationship generated interest because of a payment from the University to Willie J. Lyles dba Complete Sporting Service in the amount of $25,000 for “national scouting services.”  

Because the amount seemed high, Yahoo!Sports and other media began firing off public records requests to the University in an attempt to pin down the return on that investment by the state institution.  The yield turned out to be outdated and regional – at best – scouting reports and reviews of prospects that literally did not seem to fit the bill. 

What Lyles did seem to do, was act as a conduit for a number of players who ultimately committed to attend Oregon and play football there.  Running afoul of strict NCAA guidelines on steering student-athletes to colleges and universities could land OU in quite a bit of trouble, according to CBSSports.com’s EYE ON COLLEGE FOOTBALL, if that proved to be the true nature of Lyles’ services on behalf of the Ducks. 

In a July 1, 2011 posting on rivals.com, Lyles detailed a very cozy relationship with recruits and the Oregon football staff that seemed to indicate a possible crossing of the NCAA line on improper recruiting.  Cause for additional head scratching, as reported at sportsbybrooks.com on July 5, 2011, was Chip Kelly's initially telling The Oregonian columnist and radio talk show host John Canzano that he did not know Willie Lyles, his having earlier authorized the payment of a substantial amount of money to the scout notwithstanding.

Despite this mounting evidence that there may be more to the matter than the Ducks' football staff simply being poor shoppers, University of Oregon President Richard Lariviere backed his people.  As reported in a September 17, 2011 Oregonian story on the NCAA probe, he affirmed that he had “very high confidence” in his football program and its staff, and that Head Coach Chip Kelly’s job was “quite safe”. 

The NCAA investigation continues and the end result may not be known for some time yet.  Whether the OU football program violated athletic recruiting rules is for the NCAA to determine, and if so, to mete out punishment.  But like the head of any organization facing down an investigation by a governing body, it is better to look – preferably with a robust internal investigation – before leaping. Showing the wisdom of this course of action were the foibles of The Ohio State University at the start of 2011.

OSU President E. Gordon Gee and Athletic Director Gene Smith underestimated the seriousness of NCAA violations that their own football program faced early last year.  Despite serious oversight violations, Early on, Gee not only safeguarded Jim Tressel’s employment before all of the NCAA's cards were revealed, but infamously hoped that the head coach would not fire him (insert rim shot here).  Smith, too, consistently gave short shrift to the possibility of major infractions being found and serious penalties being imposed throughout the NCAA’s investigation of his program.  Hubris has a price:  Tressel is now in an administrative post at the University of Akron and OSU is bowl ineligible next year. 

So, will the University of Oregon’s top administrator be proved prescient in this go-round or – like the Buckeyes – will he be seen to have stumbled out of the blocks a bit too early?


Comments
Mark Faris
- 15 February 2012 at 01:34

Collegiate athletics on a good day is a macrocosm of hypocrisy across the board. We've all heard college and university presidents say that education should come first, but in a competitive environment of trying to find student athletes, the culture has shifted to being one all about the money. When did we start paying college coaches millions of dollars annually to be football and basketball coaches representing the lion's share of revenue to athletic departments?

Even Associate Head Coaches and assistants at larger universities and colleges are now making $300,000 or more annually. That is a lot of money and for that amount of scratch is it too much to find honest and ethical individuals who actually put the lives of their players first and the greater needs of their employer ahead of their own? Evidently, this was quite difficult for some coaches like Chip Kelly, Jim Tressel, George O'Leary, Butch Davis, and Bruce Pearl who were not honest, accountable, ethical, or responsible.

Most of these individuals were eventually fired from their jobs but received wonderfully large severance payments. How is this possible when 99% + of all Americans working today in the business world would never receive these entitlements for unethical, dishonest, or illegal behavior?

For college presidents, athletic directors, and legal officers at our colleges and universities to turn either a blind eye or simply not believe any allegations against them and the coaches they hired is something outside of the Milky Way Galaxy. While most of these individuals have good intentions and present themselves as people who care, their morals, principles, and values flipped upside down putting their own interests first. Why is this?

I'm not a trained psychologist, but simply someone who studies the intent of the soul. It is my experience and observations of 32+ years of business that highly paid individuals enjoy their compensation, power, and the benefits of their positions. This can breed ignorance, ambition, greed, and arrogance. Any thing or anyone that poses a threat to their position of power is at risk. Little do they know in the long run and bigger picture that they are in fact at risk.

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