The University of Arizona confirmed Friday it has received an NCAA Notice of Allegations, signaling the end of the NCAA’s investigation into its men’s basketball program, but said it would not release the notice at this point "in order to protect the integrity of the ongoing enforcement process."
Shortly after the school’s announcement, the Arizona Board of Regents said it will hold a special executive session on Monday to discuss the notice, which lists violations the NCAA’s enforcement division has accused the program of.
If the Wildcats are charged with and found guilty of a “Level 1” violation, they could be subject to a postseason ban and other serious penalties. UA coach Sean Miller also had a $1 million penalty worked into his contract in April 2018 if he is criminally charged or found guilty of a Level 1 violation.
Most schools who were implicated in the federal investigation into college basketball and subsequently investigated by the NCAA have released their NOAs, but they are under no obligation to do so. The NCAA also does not comment on cases until they are complete.
Stu Brown, an Atlanta-based attorney who works with schools on NCAA issues, said there is “wiggle room” in the NCAA process for a school to make general comments about what they are accused of without violating the normal NCAA procedure.
“Reasons to not publicize what the allegations are is that sometimes they are very serious and that there’s not a lot of evidence for pushback against them,” Brown said. “Therefore, a school may decide strategically that ‘We’re better off letting people speculate, but not knowing the worst case, than we are publicizing the worst case.’
“(I have) no sense that that's what's occurring at Arizona, but that is one reason why a school may do that.”
Conversely, Brown said schools such as Kansas, Louisville and North Carolina State have all released their NOAs possibly because many accusations against them center around whether or not Adidas was considered a booster. Kansas has even dedicated an internet page listing links to school and NCAA responses about its case.
"All three of those schools feel very strongly that the NCAA is misapplying the fundamental concept of what a booster is, and that they have strong grounds to push back," Brown said.
Auburn and Creighton have not acknowledged receiving Notices of Allegations, according to Sports Illustrated, while UA coach Sean Miller also declined to discuss the NOA or Arizona's case during his annual media day news conference Thursday.
Multiple public records requests by the Star for communication between the NCAA and Arizona regarding the investigation have returned no records so far.
Privately, the Arizona Board of Regents will discuss the NOA on Monday in the same sort of executive session meeting it has used to hold "legal advice and discussion regarding Arizona men's basketball” routinely since the federal investigation into college basketball became public in September 2017.
“The board recognizes that the issuance by the NCAA of a Notice of Allegations is another step in its comprehensive enforcement process,” ABOR chair Larry Penley said in a statement. “Maintaining the integrity of the process, while frustratingly slow, has been and remains essential and we look forward to an expeditious resolution.
“The board has confidence in president (Robert) Robbins and his commitment to the highest integrity in academic and athletic matters.”
In September 2017, then-UA assistant coach Book Richardson was one of 10 people in and around college basketball who were arrested as part of an alleged corruption scheme. Richardson was fired in January 2018, pleaded guilty in January 2019 to receiving $20,000 in bribes, and served a three-month prison sentence starting in July 2019.
All three of UA’s assistant coaches from the 2016-17 season have been implicated in the federal proceedings or found to have broken NCAA rules, with Richardson serving his three-month prison sentence from July to October 2019.
In addition, ESPN reported in February 2018 that Miller was caught on federal wiretap discussing a $100,000 pay-for-play scheme for former UA star Deandre Ayton with aspiring agent Christian Dawkins, an allegation both Ayton and Miller have denied.
Even if Miller is not found to have directly committed violations, he could be assessed a Level 1 penalty for the actions of his assistants under NCAA’s “head coach responsibility” rule, Bylaw 11.1.1.1.
In a case with potential parallel to Richardson's actions, Oklahoma State was found guilty of a Level 1 violation and given a one-year postseason ban after then-assistant coach Lamont Evans pleaded guilty to taking $22,000 in bribes, even though the school argued that Evans was acting in his own self-interest and not to gain a competitive advantage for the team.
Oklahoma State is appealing the decision.
