More than five years after the federal investigation into college basketball began what led to Arizonaβs 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 Millerβs program. All three of the most serious violations (Level I) were assessed to Book Richardson, Millerβs 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 menβs 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 UAβs 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 UAβs 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.
βWhile many of these allegations predated current athletics staff, we are appreciative of this process coming to an end after five years,β Athletic Director Dave Heeke said. βOur athletics department will continue to maintain a culture of compliance as we live the Wildcat Way and develop academic, athletic and life champions.β
Added UA President Robert C. Robbins: βWe 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.β
Miller βexcited to move forwardβ
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 βreally repleteβ record of fostering compliance and indicated that the actions of Richardson and Phelps were not easily controlled.
βIt took the FBI two years of wiretapping to find out what he had done,β Welch said, referring to the coach identifiable as Richardson. βSo 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. Thereβs just no way, we felt that there was no way, that the former head coach could have known about those actions.β
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.
βIβm glad everything is finally finished,β Miller said in a Xavier news release.
βI am excited to move forward. Iβd 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.β
Said Christopher: βWe are glad this matter is now behind Sean. All focus now is on the season ahead.β
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 Phelpsβ alleged efforts to cover up a $500 loan he gave a player, along with Level I charges for Millerβs failure to monitor and for UAβs 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.
βI appreciate the consideration throughout this process,β Busch said Wednesday. βHead coach control and adherence to NCAA rules are top priorities for me and will remain so in the future.β
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 couldnβt 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 βbridgeβ 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 Wildcatsβ 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 FBIβs 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 βsignificant weightβ to Arizonaβs self-imposed penalties, especially the postseason ban during the COVID season of 2020-21.
βThis postseason ban was self-imposed by the institution in December 2020, at a time when the menβs basketball program was having a successful season,β the IARP wrote. βThe 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.β
In November, the IARP handed Louisville a two-year probation and several other minor penalties. The IARPβs 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 βhappyβ
Lloyd said Wednesday he was βhappy for our basketball program.β The Wildcats are ranked No. 9 nationally and headed for a Saturday night showdown against No. 6 Tennessee.
βPresident 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,β Lloyd said. βI am thankful that our program can continue competing for championships and representing Arizona.β
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 IARPβs 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 NCAAβs original Notice of Allegations βclearly positioned the case as Level I aggravated for the universityβ based on the five Level I charges and aggravating factors that include president Robbins and Heeke having βcompromised the integrity of the investigation.β
However, the IARPβs decision made no mention of anything involving Heeke or Robbins.
While reviewing the IARPβs 122-page decision Wednesday, Brown said the IARP ruling was a victory for Lloydβs program, Millerβs record and Arizona as an institution, because it was levied a failure to monitor charge but not the most serious lack of institutional control.
βIt is a very good day for Arizona,β Brown said. βIt is a very good day for Tommy Lloyd. And itβs a very good day for Sean Miller. Those are the three winners.β
Timeline: Wildcats' 5-year drama began with federal raid, ends with IARP ruling
Sept. 26, 2017
UpdatedSept. 26, 2017: Following an early-morning visit from federal agents, University of Arizona assistant coach Emanuel "Book" Richardson is arrested on charges of conspiracy to commit bribery, solicitation of bribes by an agent of a federally funded organization, conspiracy to commit honest services fraud, wire fraud conspiracy and travel act conspiracy. Three other college assistant coaches β USCβs Tony Bland, Auburnβs Chuck Person and Oklahoma Stateβs Lamont Evans β are also indicted following a long-running investigation into college basketball.
Charging documents say Richardson asked for and received $20,000 in bribes from would-be sports agent Christian Dawkins and financial advisor Munish Sood. In exchange, documents say, Richardson paid a recruit to come to Arizona and promised to steer NBA-bound Wildcats to Dawkins for representation. Richardson would later tell a reporter that he spent some of the money on a trip to Spain; he planned to use the rest to fly UA recruit Jahvon Quinerly's family to Tucson for "Midnight Madness" in McKale Center but was arrested before it happened.
The UA announces Richardson has been "immediately suspended and relieved of all duties."
Oct. 3, 2017
UpdatedOct. 3, 2017: UA head coach Sean Miller issues a statement saying he is "devastated" to learn of the allegations made against Richardson.
"As the head basketball coach at the University of Arizona, I recognize my responsibility is not only to establish a culture of success on the basketball court and in the classroom, but as important, to promote and reinforce a culture of compliance. To the best of my ability, I have worked to demonstrate this over the past eight years and will continue to do so as we move forward."
Oct. 5, 2017
UpdatedOct. 5, 2017: Miller reads from a prepared statement saying he fully supports investigations into the allegations against Richardson, his longest-tenured assistant coach.
"As that investigation proceeds, Iβll continue to work hard and enforce a culture of compliance in our organization, just like I have for the last eight years," he says.
March 1, 2018
UpdatedMarch 1, 2018: Miller addresses an ESPN report that he discussed a $100,000 payment to top prospect Deandre Ayton. Reading from a statement, a defiant Miller says he is "sickened that we are in the spotlight for all the wrong reasons," and calls the ESPN report "inaccurate and completely false."
"Contrary to what has been written this past week, we do our very best to run a clean program at the University of Arizona. I have done that since the first day I stepped on this campus. Compliance with NCAA rules is extremely important to us and we work hard to create, maintain and monitor a culture of compliance within our program," he says.
"I have never knowingly violated NCAA rules while serving as head coach of this great program. I have never paid a recruit or prospect or their family or representative to come to Arizona. I never have and I never will. I have never arranged or directed payment or improper benefits to a recruit or prospect or family or representative and I never will. β¦
"Let me be very, very clear: I have never discussed with Christian Dawkins paying Deandre Ayton to attend the University of Arizona."
April 6, 2018
UpdatedApril 6, 2018: The Arizona Board of Regents approves amendments to Miller's contract that add a $1 million penalty for wrongdoing and tighter Title IX language.
Miller stands to lose $1 million of his longevity fund shares if he is charged with a crime or found to have committed a Level I (major) NCAA violation.
Jan. 22, 2019
UpdatedJan. 22, 2019: Telling a judge that he "knew this conduct this conduct was wrong," Richardson pleads guilty to one count of federal funds bribery, saying he accepted $20,000 in exchange for a promise to steer Wildcats to Dawkins.
Feb. 6, 2019
UpdatedFeb. 6, 2019: Arizona assistant coach Mark Phelps is removed from the bench after ESPN reports he was involved in an NCAA issue regarding the academic records of former UA commit Shareef OβNeal. Rather than fire him, Arizona allows Phelpsβ contract to run out.
May 3, 2019
UpdatedMay 3, 2019: The University of Arizona confirms it is being investigated by the NCAA.
May 8, 2019
UpdatedMay 8, 2019: A jury finds Dawkins guilty of bribery and conspiracy to commit bribery. He is found not guilty on four charges of conspiracy to commit wire fraud, wire fraud and violations of the travel act
Outside the courthouse, Dawkins says he believes players should be paid, that some coaches pay their players, and says he "never had conversations" with Miller about delivering Ayton to Arizona.
June 6, 2019
UpdatedJune 6, 2019: Richardson is sentenced to three months in prison and two years of probation. He must also forfeit $20,000 he accepted in payments.
Richardson is asked outside the courthouse if Miller knew whether players were being paid.
"You gotta ask him that," Richardson tells reporters. "Heβs not on trial, I was on trial."
Richardson later issues a statement via direct message to a Star correspondent that reads: "I have no knowledge of Sean Miller paying players or attempting to pay them β¦ I was on trial no one else. Again, I apologize to the University of Arizona, (UA) President (Robert C.) Robbins and the kind and great people of Tucson for this. Thank you Tucson and all the Wildcats across the world!"
Sept. 11, 2019
UpdatedSept. 11, 2019: Yahoo reports that Richardson discussed paying $40,000 to get former Wildcat Rawle Alkins academically eligible to play in college.
Yahooβs story cites a 1,500-word transcript of a July 2017 conversation that included Richardson, Dawkins and three other people β two of whom were undercover FBI agents. The transcript, which is public record, was not used as evidence in the basketball corruption trial.
Oct. 15, 2019
UpdatedOct. 15, 2019: Richardson is released from federal prison in Otisville, New York, two days ahead of schedule.
March 31, 2020
UpdatedMarch 31, 2020: "The Scheme," a two-hour HBO documentary about Dawkins and the ongoing investigation into college basketball, is released. In it, Dawkins reverses course from his previous statement, saying "there's no way you can separate Sean" from any belief that Richardson is a cheater.
"The thing with Arizona is, like, Sean Miller has to know everything that's going on," Dawkins says in the movie. "Book was loyal to Sean. Arizona was definitely more open to getting some (expletive) done."
"The Scheme" features a conversation between Miller and Dawkins in which Dawkins says handlers of five-star recruit Nassir Little, who was believed to be choosing between Miami and Arizona at the time, "definitely wanted to get some (expletive) for themselves."
Miller replies: "Miami doesnβt have an advantage over us in that area, do they?"
Dawkins also says Miller was lying when he made his March 1, 2018 statement that he had never paid a player to attend Arizona.
"I mean, Sean should have his own movie agent or some (expletive) or manager, like, he should be an actor,β Dawkins says. βThat was really high-level. I was convinced, honestly.β
April 1, 2020
UpdatedApril 1, 2020: The UA issues a statement that reads: "The HBO documentary which aired last night does not change our approach to allegations surrounding our menβs basketball program. We have cooperated fully with the FBI investigation and continue to cooperate with the ongoing NCAA investigation. We look forward to the conclusion of the process."
Oct. 23, 2020
UpdatedOct. 23, 2020: Arizona requests that its case be moved to the Independent Accountability Resolution Process. In the new process, lawyers, investigators and others outside of Division I sports take over the work of NCAA enforcement staff.
Oct. 25, 2020
UpdatedOct. 25, 2020: Arizona is charged with nine rules violations by the NCAA, five of which are Level I violations.
Miller is charged with a Level I violation for a lack of head coach control and failing to monitor two assistant coaches accused of academic misconduct and improper recruiting inducements. Arizona receives a fifth Level I charge for overall institutional lack of control.
"Two of Miller's three assistant coaches committed intentional violations involving fraudulent academic transcripts, receipt of cash bribes, facilitating a meeting with an aspiring agent, impermissible inducements and recruiting violations all within an 18-month period," the NCAA writes in the Notice of Allegations. "The ultimate responsibility for the integrity of the men's basketball program rested with Miller and his staff's actions reflect on Miller as the head coach."
The NCAA also hands the UA swimming and diving program two Level II charges and, in a list of potential aggravating factors by the school, says the conduct of both Robbins and athletic director Dave Heeke "compromised the integrity of the investigation."
The NOA is not released to the public until the following March.
Dec. 17, 2020
UpdatedDec. 17, 2020: The NCAAβs Infractions Referral Committee refers Arizonaβs case to the IARP.
Dec. 18, 2020
UpdatedDec. 18, 2020: The IARPβs Complex Case Unit (CCU) and Independent Resolution panel appoints members to Arizonaβs case.
Dec. 29, 2020
UpdatedDec. 29, 2020: Acknowledging that NCAA investigators found former Arizona men's basketball staffers displayed "serious lapses in judgment," the UA announces it has self-imposed a one-year postseason ban.
"I understand and fully support the universityβs decision to self-impose a one-year postseason ban on our menβs basketball program," Miller says in a statement.
March 8, 2021
UpdatedMarch 8, 2021: A week after Arizona's season ends and with the team banned from the postseason, Robbins says he expects Miller back for the 2021-2022 season.
"Heβs out there recruiting," Robbins says of Miller. "I think signing day is coming up soon. Weβve got a really good team. Theyβre young, but good. And weβre eager to move forward and get the final chapter of this now-almost four-year saga over. But Coach Miller is our coach."
April 7, 2021
UpdatedApril 7, 2021: Arizona fires Miller with one year left on his contract, agreeing to pay the coach $1.42 million β or 50% of what the school would have paid him through the end of his contract in May 2022.
Says Robbins: "It has become clear that our menβs basketball program β and our university β needs to write a new chapter in our history, and that begins with a change of leadership. Arizona basketball means so much to so many and, as stewards of the program, we must always act in the best interests of the university."
April 14, 2021
UpdatedApril 14, 2021: Arizona hires Gonzaga assistant Tommy Lloyd as Millerβs permanent replacement.
Aug. 19, 2021
UpdatedAug. 19, 2021: The IARPβs supplemental investigation is completed.
Aug. 26, 2021
UpdatedAug. 26, 2021: The CCU team changes.
Sept. 13, 2021
UpdatedSept. 13, 2021: The CCU requests an extension.
Oct. 4, 2021
UpdatedOct. 4, 2021: The CCU issues an amended Notice of Allegations to the UA. The UA is facing the same five Level I charges.
Feb. 17, 2022
UpdatedFeb. 17, 2022: Asked about a timeline for the NCAA infractions case while on a podcast, Miller predicts that "things this offseason will 100% come to a conclusion."
Feb. 18, 2022
UpdatedFeb. 18, 2022: All partiesβ responses to the amended Notice of Allegations are submitted.
March 19, 2022
UpdatedMarch 19, 2022: Miller is named the new head coach at Xavier, where he receives a six-year contract. Two of his former UA staffers, Ryan Reynolds and David Miller, follow him to Cincinnati.
May 7, 2022
UpdatedMay 7, 2022: The UA seeks clarification from a chief panel member over a hearing.
May 19, 2022
UpdatedMay 19, 2022: The IARPβs Complex Case Unit submits a written reply.
June 15, 2022
UpdatedJune 15, 2022: Richardson tells The Athletic he broke NCAA rules on "several occasions" by providing impermissible benefits to UA targets during unofficial recruiting visits, actions that are not included in the NCAA infractions case.
However, Richardson says one allegation leveled by the NCAA against Arizona β that he paid $40,000 to obtain fraudulent academic credits for a player β never happened.
He says he has stopped communicating with the CCU.
"Everyone still wants me to tell on Arizona. Iβm like, guys, what do you want me to tell?," he says to The Athletic. "None of the coaches are there, none of the kids are there."
Aug. 31, 2022
UpdatedAug. 31, 2022: The NCAA's Division I board of directors announces it will dissolve the IARP once its five remaining cases, including one involving the Arizona men's basketball program, are settled.
Dec. 14, 2022
UpdatedDec. 14, 2022: The IARP rules that Arizona will not have to serve an additional postseason ban.
The IARP hands a 10-year show-cause order to Richardson and a two-year show-cause for Phelps but does not penalize Miller.
The IARP accepts 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.
The IARP rules that Arizona will have to vacate all regular-season and Pac-12 Tournament wins from the 2016-17 and 2017-18 seasons in which former UA guard Rawle Alkins participated, as well as all the regular-season and Pac-12 Tournament wins β plus the two preseason exhibition games in the BahamasΒ β in which former UA forward Keanu Pinder played.