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Former UA coach Sean Miller will not face any penalties as a result of the IARP's Wednesday ruling.

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More than five years after the federal investigation into college basketball began what led to Arizona’s complex NCAA infractions case, the Wildcats ended up with a major victory Wednesday.

Arizona will not have to serve an additional postseason ban other than the one it self-imposed in 2020-21, and former head coach Sean Miller was cleared of any head coach responsibility charge, as a result of a ruling released Wednesday by the Independent Accountability Resolution Process.

The IARP, a mostly outside group of attorneys and investigators created in response to the federal investigation, ruled that Arizona committed a total of 10 violations, six involving Miller’s program. All three of the most serious violations (Level I) were assessed to Book Richardson, Miller’s former assistant coach.

Richardson, who served a three-month stint in federal prison after admitting during federal proceedings to taking $20,000 in bribes in exchange for steering Wildcat players to an agent for professional representation, was handed one Level I violation for the bribes.

Richardson received another Level I charge for paying $40,000 for a falsified academic transcript so that former UA guard Rawle Alkins would be eligible for the Wildcats in 2016-17. A third Level I charge was levied after the IARP ruled that Richardson did not cooperate with the investigation and provided false information to UA and the NCAA.

As a penalty, the IARP handed Arizona a three-year probation and a fine of about $135,000 ($5,000 plus 1% of the men’s basketball budget, which has been more than $13 million).

The IARP also handed a 10-year show-cause order to Richardson and a two-year show-cause to former assistant coach Mark Phelps, who was assessed a Level II violation for trying to cover up a $500 loan to former UA forward Keanu Pinder and a Level III charge for the loan itself.

The IARP did not penalize Miller except to say his coaching record must reflect a total of 50 vacated wins from the 2016-17 and 2017-18 seasons.

Arizona will have to vacate all regular-season and Pac-12 Tournament wins from the 2016-17 and 2017-18 seasons in which Alkins participated, plus the two August 2017 exhibition games in Spain in which Pinder played.

The IARP accepted all of UA’s self-imposed sanctions, adding only a seven-week ban on recruiting communication for current UA coaches during the 2022-23 academic year and a reduction of two days of in-person recruiting in 2022-23.

Among UA’s self-imposed recruiting sanctions was a loss of one scholarship for 2022-23 or 2023-24. The Wildcats are currently one under the maximum of 13, so that requirement is already fulfilled.

In a statement, UA officials said they were happy to see the process end.

β€œWhile many of these allegations predated current athletics staff, we are appreciative of this process coming to an end after five years,” Athletic Director Dave Heeke said. β€œOur athletics department will continue to maintain a culture of compliance as we live the Wildcat Way and develop academic, athletic and life champions.”

Added UA President Robert C. Robbins: β€œWe are pleased to have reached the end of this process with the NCAA and have great confidence in our athletics leadership. The basketball program, under Tommy Lloyd, is in great hands, and I look forward to another highly successful season.”

Miller β€˜excited to move forward’

Miller, who was fired by Arizona in April 2021 and is now the head coach at Xavier, initially had faced a Level I charge of lack of head coach responsibility. But IARP mediator Dana Welch said Miller had a β€œreally replete” record of fostering compliance and indicated that the actions of Richardson and Phelps were not easily controlled.

β€œIt took the FBI two years of wiretapping to find out what he had done,” Welch said, referring to the coach identifiable as Richardson. β€œSo in our view, these kinds of actions could not have been detected by the head coach. In terms of the assistant coach No. 2 (Phelps), most of his actions were covert. There’s just no way, we felt that there was no way, that the former head coach could have known about those actions.”

Miller faced a suspension of up to half a season if found guilty of Level I lack of head coach responsibility but now will be penalized only in his career coaching record.

β€œI’m glad everything is finally finished,” Miller said in a Xavier news release.

β€œI am excited to move forward. I’d like to thank my wife Amy and my entire family, President (Colleen) Hanycz and (Athletic Director) Greg Christopher for their support through the completion of this process.”

Said Christopher: β€œWe are glad this matter is now behind Sean. All focus now is on the season ahead.”

Strategy pays off

In October 2020, the UA made the strategic decision to request that its infractions case move off the standard NCAA resolution track and into the IARP. The IARP accepted the request on Dec. 17, 2020, during the first month of the pandemic-altered 2020-21 season.

Later that month, a day after UA record improved to 8-1, Arizona self-imposed a one-year postseason ban that season. It also self-imposed the one-scholarship loss, a two-week ban on campus recruiting visits in March 2022 (when the Wildcats were busy in the NCAA Tournament anyway), and a 10% reduction in campus recruiting visits and 15-day in-person recruiting days during the 2021-22 season.

The Wildcats had initially faced five Level I charges, some stemming from the federal investigation into college basketball that became public in September 2017. Arizona faced one Level I charge for academic misconduct by Richardson and Phelps, plus the one for Richardson taking $20,000 in bribes, a charge Richardson admitted to during federal proceedings.

UA also faced a Level I charge for Phelps’ alleged efforts to cover up a $500 loan he gave a player, along with Level I charges for Miller’s failure to monitor and for UA’s lack of control as an institution.

Arizona was also facing four secondary violations, including a Level II charge against Phelps for loaning a player $500, a Level III charge against Phelps for asking a current player to help recruit, a Level II charge against the swimming and diving program for preferential treatment and impermissible tryouts, and a Level II charge against swim coach Augie Busch for lack of head coaching responsibility.

Busch was not penalized Wednesday, though one assistant coach was hit with a one-year show cause and the program received a one-week ban on official visits and a 1% reduction on official visits.

β€œI appreciate the consideration throughout this process,” Busch said Wednesday. β€œHead coach control and adherence to NCAA rules are top priorities for me and will remain so in the future.”

Phelps was permanently removed from the UA coaching staff in February 2019 after his academic conduct allegations first appeared. Phelps was accused of being involved in allegedly falsifying an academic transcript for another recruit but the IARP dismissed the charge. The IARP said the transcript was also sent to another school, a sign it said suggested that Phelps couldn’t have been part of the scheme.

A Level II charge did stick on Phelps, however, for asking Pinder to delete text messages regarding a $500 loan. The IARP said Phelps gave Pinder the loan as a β€œbridge” to pay for a plane ticket that he had been approved funds for under a program for student-athletes, but the funding had not yet arrived.

Phelps was also assessed a Level III for the loan itself. At the beginning of the 2017-18 regular season, Pinder was suspended for the Wildcats’ first game while Phelps was suspended for five days at the same time.

Precedents paved the way

The IARP, a semi-independent group of attorneys and investigators that was created in the wake of the FBI’s investigation into college basketball to handle complex NCAA infractions cases, had set precedents that it would not penalize current players of a program on the court.

Now disbanded but still finishing up unresolved cases, the IARP had previously finished three of the six cases it accepted and did not issue a postseason ban to any of them. However, Kansas and LSU still have IARP cases that remain pending and both are facing multiple Level I charges: LSU has seven while Kansas has five.

In its ruling Wednesday, the IARP said it was intentional in not penalizing current UA players and gave β€œsignificant weight” to Arizona’s self-imposed penalties, especially the postseason ban during the COVID season of 2020-21.

β€œThis postseason ban was self-imposed by the institution in December 2020, at a time when the men’s basketball program was having a successful season,” the IARP wrote. β€œThe NCAA membership has acknowledged the significance of this self- imposed penalty, and the hearing panel encourages NCAA member institutions to critically examine meaningful and proactive self-imposed penalties based on their evaluation of the severity of the violations.”

In November, the IARP handed Louisville a two-year probation and several other minor penalties. The IARP’s hearing panel ultimately did not discipline former Louisville coach Rick Pitino nor place an NCAA Tournament ban on the Cardinals, after the school faced six NCAA allegations, including a Level 1 (most serious) charge involving the recruitment of Brian Bowen.

Instead, Louisville was handed a $5,000 fine, recruiting restrictions and a two-year probation. In December 2021, the IARP issued a one-year probation and a scholarship loss to N.C. State. In September, it levied a three-year probation but no ban for Memphis.

Lloyd β€˜happy’

Lloyd said Wednesday he was β€œhappy for our basketball program.” The Wildcats are ranked No. 9 nationally and headed for a Saturday night showdown against No. 6 Tennessee.

β€œPresident Robbins and Dave Heeke made it clear to me when I accepted this position how important a culture of compliance is at the University of Arizona,” Lloyd said. β€œI am thankful that our program can continue competing for championships and representing Arizona.”

Lloyd replaced Miller after the 2020-21 season, though the fact that Miller was not penalized and found to have promoted compliance indicates the move did not influence the IARP’s decision.

As with Louisville, which fired Pitino and athletic director Tom Jurich, Arizona changed its basketball staffing significantly since its infractions case began; and the only coaching staff member who has remained is associate head coach Jack Murphy, who has longtime ties to the school and former UA coach Lute Olson.

Still, Stu Brown, an Atlanta-based attorney who works with schools on NCAA infractions cases, told the Star in March 2021 that the NCAA’s original Notice of Allegations β€œclearly positioned the case as Level I aggravated for the university” based on the five Level I charges and aggravating factors that include president Robbins and Heeke having β€œcompromised the integrity of the investigation.”

However, the IARP’s decision made no mention of anything involving Heeke or Robbins.

While reviewing the IARP’s 122-page decision Wednesday, Brown said the IARP ruling was a victory for Lloyd’s program, Miller’s record and Arizona as an institution, because it was levied a failure to monitor charge but not the most serious lack of institutional control.

β€œIt is a very good day for Arizona,” Brown said. β€œIt is a very good day for Tommy Lloyd. And it’s a very good day for Sean Miller. Those are the three winners.”

Arizona parted ways with head coach Sean Miller on Wednesday after 12 seasons. Miller, who led the program to three Elite Eight appearances and five Pac-12 championships, won 302 games at Arizona. UA athletic director Dave Heeke held a virtual press conference Wednesday to explain the decision and what's next for the Wildcats.


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Contact sports reporter Bruce Pascoe at bpascoe@tucson.com. On Twitter: @brucepascoe