NCAA Notice of Allegations Press Conference Transcript

Neeli Bendapudi, University of Louisville President

(Opening Statement)

"First of all, we hope that you and your loved ones are safe and healthy, and all the people of the Commonwealth, the country and the world are able to heal as we stand with their horrific global pandemic. I'd also like to say on behalf of all of them how deeply grateful we are to the health care providers, whether they're the UofL Health System or elsewhere for the caring, compassionate and critical care they're providing. To the researchers who are working tirelessly to find vaccines and therapeutics. And of course, there are so many unsung heroes who are on the front line, whether they are working in retail, or whether they are in our physical plant or IT or HR. These are the people who are enabling clinical care and research. To each and every one of you, you are our heroes and we appreciate a great deal.

As I think about the past several weeks, we are no different from other institutions. We have been dealing every day with the challenges of the crisis. But, I'm so proud of the way that the UofL team has pulled together to make sure that the mission of the University continues. We are bringing our spring semester to a close and we are busy preparing for the summer and for the fall. I'm so proud of the entire team in athletics. Our Vice President and Athletic Director, Vince Tyra and the whole team are making sure that we're ready for the fall semester and whatever may come. And like you, I am so hopeful that we have a regular fall, and we will all be cheering for our Cardinals football team.

Now, as you know, the NCAA enforcement staff has been working for more than two years on an investigation into our 2016-17 men's basketball program, and some into the 2017-18 program. The investigation of UofL is one of dozens launched by the NCAA into basketball programs throughout the country. As you know, the Department of Justice announced some sweeping investigation in September 2017.

Now while neither Vince, nor I, played a role during the period of these allegations, I just want to tell you that we are fully committed to make sure that the University of Louisville is synonymous with the highest level of ethical conduct. So, we do take these allegations seriously.

You may have seen in our letter to the community earlier today that we wanted to very carefully review the notice of allegation to determine our response. We accept responsibility for violations that we are in agreement with that are based on undisputed facts.

But, we will not hesitate, I repeat we will not hesitate, to push back against those allegations that we simply don't believe are supported by facts, or by NCAA law, or by practice.

Vince will give you in a few minutes, much more detail about the allegations issued today and the next steps in our process. But, I want to tell you how proud I am of what the University of Louisville has done in the past couple of years. You may remember that I took over as President on May 15 of 2018. And since then, I have been so gladdened and so proud about how deeply every one of you cares about UofL.

So, I know it is that love and affection for UofL that makes these allegations disappointing. But, I want you also to know that what we have done at UofL together as a Cardinal family, to be a model of compliance, to be a model of ethical conduct. We truly believe, I truly believe, that we have gone above and beyond any other institution.

And let me tell you why I believe this. Among more than a dozen reforms we have made, here are a few. We changed the reporting structure so now that the AD (athletic director) reports to me. And we made sure that compliance for athletics reports directly to my Vice President for Risk, Audit and Compliance. The council for the athletics department reports directly to my general counsel.

I urge you to remember the incredible personnel changes that have happened to this University. We have a new president. We have a new AD. We have a new head coach. We have all new assistant coaches.

We have truly invested, Vince has been tireless about this, in our compliance education and our monitoring efforts. We've created an ethical leadership curriculum for every single person in our athletic program. We've changed the contract language for our coaches, so that we hold them responsible for their ethical conduct.

In April, when I was first announced as president, some of you asked me how 'do I define culture' and I told you that culture is what we tolerate. So, I think you will see from the changes that we have made as an institution that we are sending a very strong message about our commitment to ethical conduct, and what we will, and will not tolerate. We sincerely hope these reforms, once again, and I believe they have gone well beyond any other institution, will help us in our NCAA case. But, we also hope that it provides other institutions, as they also embark on a path of rectifying what may have happened.

So, today is a difficult day for those who love our university and our men's basketball program. But, I want you to know that I take heart, and I hope you do too, that we know better days lie ahead.

I hope you're proud of your institution. We've taken the necessary steps, and our mission and our academics, have not been deterred in any way. And even in the most challenging of times, we have leaned on our values, the Cardinal principles, to guide our actions.

Before I turn it over to Vince, let me share two additional points. First and foremost, as it relates to this case, please look up the NCAA bylaws, we are extremely limited by those bylaws about commenting on specific allegations at this point or about the details of the investigation. I just want to remind you in advance that we will be unable to answer these as the process continues.

The second thing I wanted to tell you is how proud I am and how grateful I am to have Vince serve as my vice president, and our athletic director. He stepped in during a really difficult time, and has led our University athletics with integrity and competence and dedication. He has never wavered at the time when many would have.

I know that he has spoke so well because of his love for the university. I also know countless leaders of athletics across the country have reached out to him to ask how we are doing things and what we have done. I also know that he completely understands that athletics is a big part of the university, but it's (just) a part of the university.

And, so, I'm equally proud of the fact that under his leadership, the GPAs of our athletes are higher than they've been and that the services provided to our community are higher than they've ever been. We know that these are incredible young people who are ambassadors for UofL.

So, I guess I'll tell you that I give Vince a lot of duties, well beyond athletics. He has been ready to serve other duties as assigned, in terms of advising, many other aspects of the university, which is what I expect of every single member of my team.

My deepest thanks to each and every one of you for your unwavering interest in sports at the University of Louisville.

This is when we know who our true fans are, and who our family is. We need you. We need you now, more than ever, and I again believe that we at the university have gone well beyond any other institution is setting the model for compliance and the highest ethical practice in the academy.

So with that, let me turn it over to Vince Tyra."

Vince Tyra, VP for Athletics

(Opening Statement)

"Thank you, Dr. Bendapudi. Much like what Neeli (Dr. Bendapudi) went through and talked about, we do need our fans and need their support. When I took this opportunity in Oct. 3, 2017, I really requested that our fans dig in and I used those words to dig in and support us. This isn't the time to walk away, this is the time to really support us and that has brought about some great results. Before the pandemic hit and where we are today, we were on pace for some records in many ways here at the University and the athletic department.

Let me reciprocate your kind words by lauding your leadership during these unprecedented times. We are fortunate to have you leading with your strength, resiliency, compassion and decisiveness. It was needed and you certainly filled that void. It is clear that we will get through this with your guidance and leadership.

Let me also express my appreciation for all that you do to support our department of athletics each and every day. You and Venkat (Bendapudi) certainly have been visible and vocal fans. I know everyone in our athletic department and the community appreciates that. We certainly share a vision for what the University of Louisville Athletics can be and contribute to the University. I look forward to continue to build on that great work that we have done over that past couple years.

As you have likely seen from the letter we issued earlier today, the NCAA enforcement staff is alleging several Level I and Level II violations of NCAA bylaws by our institution against our 2016-17 and even into 2017-18 men's basketball program. The allegations include:

A Level I allegation that extra benefits were provided prospective student athletes (PSA) to the family of and an AAU coach by certain individuals reportedly identified and defined by the NCAA as representatives none of whom had traditional connections to the University beyond their affiliation with Adidas or professional athlete management entities, as well as by a former assistant coach.

A Level II allegation of recruiting violations by the same two former men's basketball coaching staff members in providing impermissible transportation and having impermissible contact in the context of recruitment-related activities.

The third one is a Level II allegation that the institution failed to adequately monitor the recruitment of an incoming, high-profile student-athlete.

And the last one is a Level II allegation that the former head men's basketball coach did not satisfy his head coach responsibility when he failed to promote an atmosphere of compliance.

There are also lower level violations and those include self-identified and promptly reported by the institution included within the larger context of what I just mentioned in those four key allegations.

Throughout the lengthy investigation process, because we have nothing to hide, Louisville worked with the NCAA enforcement staff in discovery, however we aggressively pushed back throughout the process to do all that we could possibly do to limit the number and seriousness of the allegations revealed today. I know that our institution could not have done anything more to lessen the charges leveled against us.

While we have not had an opportunity to thoroughly review the notice, we did anticipate many of the allegations based on conversations with the enforcement staff over the last several months. We will examine each individual allegation and the underlying supportive evidence and make the determination as to which of the allegations we plan to contest. As per NCAA procedures the University has 90 days to submit our response to the NOA, followed by a 60 day period when the NCAA enforcement staff can submit its response to our response. As you may know, there is now a new adjudication process available to the committee on infractions and institutions called the Independent Accountability Review Process (IARP). While I won't get into details about the processes now, there are significant differences. In internal discussions in the months ahead we either request to go through the IARP or the Committee on Infractions can refer the case to the IARP.

I wanted to take a moment to say something about our current men's basketball athletes, staff and Coach Mack. We have tremendous young men in our basketball program, who work hard on and off the court, who make good decisions and conduct themselves with dignity and character. They had absolutely nothing to do with the actions of former staff members more than three years ago, and we are doing all that we can to make sure they do not have to pay a price for those actions. Coach Mack has lead our program back to its place among the college basketball elite. He has done so with integrity and exemplary conduct.

The NCAA investigation has been the 'elephant in the room' for quite some time as most know and may continue to be in the months ahead. Yet Coach Chris Mack never makes excuses or exhibits self-pity over the situation and we are extremely fortunate to have Chris leading our men's basketball program and the Mack Family in our community. As President Bendapudi mentioned earlier, we are limited as to what we are able to share and discuss at this time, due to NCAA bylaws on public disclosure and that includes the specifics of the allegations and details of the underlying case. We do however welcome your questions and answer those as we are able to at this time."

(Are there any of these particular allegations that you can comment on that you intend to contest?)

"No, we can't at this time. As we have mentioned, we have been reviewing them as we received them. I don't think there were any terrific surprises if you will. But I think we want to read through the details and think about where our facts will substantiate a good contestation of what they presented."

(From the big picture for your program moving forward, how do you balance what Chris Mack has done in the years he has been there and the program he has built with what could be coming? You mentioned before that none of the current staff members or players should have to pay the price for things they were not involved in and not around. Institutionally, how do you balance the current great reality of Louisville basketball with this behind it?)

"I think it has been looming over us for a period of time and that is how it is going to continue. In some ways, you are happy to get the thing started. Then it provides somewhat of a light. It is a broad time frame from which it could be completed. It does provide a pathway that now starts.

I think with Chris, we have been honest from day one. When I met with Chris in his home, and recruited him to the program, I was clear that there was an investigation out there. The FBI was already known. We discussed that. Whatever I knew at the time, I was happy to share with him, so he knew where our stance would be once we learned of the allegation. I don't think that part of it has changed, but I think I have been honest with families and recruits and players straight up. We have always said playing for this university, in this arena, and the tradition and legacy we have, including my father's championship team, is a pretty outstanding experience. We have told them that we are going to provide them with the best student-athlete experience we can.

Knowing that there will be negative recruiting and other things that will go on, and have gone on today, Chris has done an outstanding job. He has been straight up with them as well and recruited great kids. We have had some terrific individuals today that have come through the program in his short period. That is the only way you can approach this is to be honest with the situation and let people know as much as you can and feel pretty good about where we are going and certainly Chris is here for the long term and my expectation of him is that we will get another championship like when my father was here and in-between.

(On the NCAA continuing allegation process despite the pandemic affecting the country)

"We knew it was coming at some point. We just didn't know when. Certainly, the NCAA has continued forward with the NIL and one-time transfers. They are active on a variety of fronts. We didn't know what they meant related to this and the pandemic. I would say consistent with what they are doing with other NCAA by-laws and movements right now, it's probably why we did received the NOA while unfortunate during this time."

(The clause in Chris Mack's contract and what kind of relief he would get if allegations came down)

"We were clear to Chris (Mack) during the recruitment process and documented it in his contract should we have allegations that created another post-season ban, albeit we would certainly fight against that. It would extend his contract by the same time period so he knew there was coverage and he wouldn't run out of time to achieve his goals and our goals at the same time."

(How much have you paid attention to other schools that have received Notice of Allegations in relations to this case? Do you expect the NCAA to impose the Death Penalty?)

"I will go to the better part first. We have followed all the cases. We followed it since the FBI investigation and allegations came out, and followed it through the trails like everyone has. You certainly have transcripts to follow and subsequent to that, there have been a number of other schools named, and they were more public with those names. We didn't know where we fell into the lineup. We are certainly following what is going on with other cases. There is some where there are similarities, because some have been wrapped up in the same scenario. I think it's fair to follow it that many of them traditionally have been independent of each other, but this one is unique because there are some similarities in what was happening in the proposed scheme.

As far as the death penalty, I don't foresee that. I think it's clear to the NCAA what we have done, but I don't want to get too far down that path and speculate. We've done all we can do here. We've made some strong, unparalleled corrections in our program. I think it's appreciated by them and inside this university and community. I get that, where we are as a repeat offender that people will be provocative and push for strong language, and it makes for interesting reading, but it's not what I foresee and what we're going to be approaching here."

(How heartening is it that that is no mention of lack of institutional control?)

"I would say that's key. Obviously I can't get into too much of what is discussed, but I'm glad to tell you that wasn't part of what we received in the NOA, that's important."

(Is there a time frame with referring this to the IARP group?)

"We don't know enough about the allegations and the facts behind it. As you can see in the NOA letter you received, there are a lot of details that will come in the forthcoming months as we prepare our own response and have exchange with the NCAA. I think the other thing is, certainly there's no expertise with the IARP, it's just getting started. I think that the notion that the Rice Commission came out and developed a new process has kind of borne this process and the people involved with it are pretty interesting to me. Under one of the principles, I guess, and I'll take some liberties here, that individuals should be punished harder than the institutions. Some of them don't have to pay the price as much and I think that's what's intriguing to me as we watch this new process play out. It's early, I certainly don't have enough understanding of all of it. Probably as much as anybody on the phone and no more. I do find it intriguing, because if that's the notion where we have parallel process today and the IARP follows up on what I thought was one of the outputs of the Rice Commission, that would be interesting related to the actions that we've taken."

(Is there point at which in the next 90 days you have to decide which route you will go whether it's the committee on infractions or the other, do you know what the timetable might be for that?)

"No, I don't foresee that. I think the first 90 days, we'll spend our time on our response. Obviously, there are other parties that are part of this, so they'll have to respond as well and we'll have to see how that plays out on the timeframe. I don't predict us making that call during that time. I think we need to submit our response and hear back from the NCAA while we're investigating what's available."

(Do you see any factual assertions that you believe are incorrect or if it is more a matter of interpretation as far as whether the finding should be viewed in the context of aggravating or mitigating factors?)

"Again, there's a bylaw out there which I'll reference, 19.01.3 that prevents me from really discussing those allegations at this point for us digging in on it. I certainly, like anybody, would eyeball certain things that I know that are palpable with were we are and what our responses might develop, but not going to get into any detail with what they might be at this point."

(To Vince and Neeli, you've mentioned how there's been so much turnover and the individuals mentioned in the notice of allegations no longer work at the university, but yet you still have the relationship with adidas. How far have the discussions gone as far as terminating that relationship? Or maybe the decision-making process of maintaining that?)

Vince Tyra: "Those discussions started when I got here. Those were quick phone calls to adidas when I got here, Mark King at the time. I've certainly met with Chris McGuire, Jim Murphy, the senior representatives of adidas. I've been crystal clear about our expectations, the standards of conduct, how we intend to do business and they've obviously shared their's. And while we're sitting here looking at potentially rogue employees that have popped up in this scenario and they do at other companies as well, and I've seen it, unfortunately in my lifetime in the corporate world. They don't represent the values of either institution. I think it's easy to jump to the conclusion that that's what either side is all about and that's not the case. So I think that with those that are carrying forward the values of the organization as they should be and are stated, I think we're comfortable where we are today with what they've done inside their house and they're extremely comfortable with what we've done inside our house to move forward."

Neeli Bendapudi: "The only thing that I would add, Vince and you've stated it perfectly, is that our expectation of anybody that we deal with whether it's adidas or others, is exactly the expectation I have of everyone on campus, that we act with the highest integrity."

(Given that many of the individuals are no longer associated with the university (coaches, staff members, etc.), but they do need to craft their own responses, do you have a sense of how closely you might have to work with them in order to put together your response?)

Neeli Bendapudi: "I think we are in charge of our response, that's what we can control and that's what we are responsible for. Vince, anything you want to add?"

Vince Tyra: No, I think that's proper, we can't speculate on how they're going to respond to their own allegations and how that boils up under ours and unfortunately it doesn't work as cohesively as you would think once the parties have separated, which they have here. I think under different circumstances, had they still been representatives of the university, we might be more in synch, but I don't expect that moving forward."

(Will you seek, or have you retained outside counsel?)

Vince Tyra: "Yes, Mike Glazier with Bond, Schoeneck and King is a longtime veteran with this process, former NCAA, but spent his career in similar situations to this. You'll recognize the name if you google him related to other cases. He will be the lead on the case for us."

(Do you have any plans at all to self-impose any sanctions on the program as the university did the last time?)

Neeli Bendapudi: "No."

Vince Tyra: "No, we're not looking at that option."

(You've emphasized a willingness to push back on the allegations this time, what accounts for the difference in tone? Was it influenced by the North Carolina case?)

Neeli Bendapudi: "Every case, when you are leaders, you have to take account of where you are. Leadership is about the particular context. Right now with the team we have, with all that we have done, with the extensive changes that we've made at UofL, that's a big part of what's guiding our decision making."

Vince Tyra: "I think Neeli hit the nail on the head and I think experience from the process certainly plays into how you approach it this time around. While I think in our case, our view of things certainly shapes our approach and it is maybe a bit different to the outside, but I think it's appropriate."

(Given some of the changes that you had to make in the last couple weeks and the uncertain future of the pandemic, does that change how you can fight this thing with the NCAA moving forward?)

Vince Tyra: "No, it doesn't. I think the decisions we made in this past week have incorporated some of this as well but I think we have been thoughtful about our finances and have availed our reserves to stay there intact as we deal with what may or may not come with the football season. But no, I am pretty comfortable with where we are and what comes with this. To be honest, people ask about what we expend on these things and where the damage is and all that. I think we took our hit back in the 2017 time period. I think that related to when people were upset about what happened at that time and that was reflected in season ticket holders. What you actually get through, and I think everybody is aware of what the NCAA find was at that time, and all that including legal bills. I feel comfortable that we are fiscally prepared to run the course."

(In wondering about the IARP, you mentioned something that individuals were punished more than institutions, so something to like there. Is there some scariness to the idea that there is no precedent there? There are one, maybe two schools that have gone that route and there is no appeal.)

Vince Tyra: "Right. I think that is the thing that is a bit concerning for those. There is not enough precedent for us to really face a really strong decision today. It is an unknown and an unknown is always a doozy because that is human nature. In the same vein, if they're following the process or I will say principles that I felt like I heard coming out of the Rice Commission, these are terrific business associates and leaders in other ways that I have a lot of respect for their resumes. They have a great appreciation for when things happen in a business like our business here and what you do about it and how you control it going forward. I think that, not that the Committee on Infractions wouldn't, but it is a more structured process, is what I am expecting the IARP to be long term for any institution to go through it."

Have you talked to the players regarding the current situation and timelines?

Vince Tyra: Chris has been pretty good all along about updating players and family members during the season on where things stand and where we feel that we are, but mainly on the process. The kids are very interested in playing March Madness in particular as we sit here in May and look to next March. I will be on a Zoom call with Chris Mack with those families and with those players and talking about that, and explaining those timelines. That first 90 days … you can go through this and see precedent where this thing is kind of a year process – plus or minus. I think that those first 90 days, assuming that none of the parties request a delay or stay, it's 90 days, but you don't see that all the time. After that, is the 60 days, and they set a hearing out, and that's what you see those extended time frames like you see with NC State. While I think it's unlikely that we will miss March Madness next year … it's hard for me to give someone a 100 percent guarantee. I'm not sure I'd want to put my blood on it, but I think it's highly unlikely that we would miss our ability to play in that tournament next season."

Are you disappointed that the NCAA issued this Notice of Allegations?

Neeli Bendapudi: Of course it's disappointing to get these allegations. I'm focused on whatever path we chose, whichever way we go, that people recognize that we have self-corrected and that we have gone above and beyond any other institutions, in terms of how we have positioned ourselves to conduct ourselves with the highest integrity."

University of Louisville Athletics

NCAA Notice of Allegations Press Conference Transcript

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