INITIAL RESPONSE 

OF RICK PITINO 

TO NCAA ENFORCEMENT STAFF'S 

NOTICE OF ALLEGATIONS 


CASE NO. 00527
JANUARY 17,2017
SUBMITTED BY SCOTT TOl\1PSETT
KANSAS CITY, MISSOURI

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
IN-l

Ie INTRODUCTION
Rick Pitino by and through his attorney Scott Tompsett submits this Initial Response to the NCAA
enforcement staff sNotice of Allegations. Pitino cooperated fully with the staff s investigation. He is
named only in Allegation 4.
The staff has alleged that Pitino did not monitor Andre McGee, a graduate assistant and later the director
of basketball operations, who secretly arranged for women to come to the dorm late at night to perform
strip shows and in some instances, to have sex with visiting prospects and enrolled student-athletes.
However, the staffs investigation actually shows that the violations committed by McGee did not result
from anything that Pitino either did or did not do. Rather, McGee committed the violations in spite of
everything that Pitino did as a responsible and rules compliant head coach to both promote an
atmosphere of compliance and to monitor his program.
The enforcement staff has not identified one single red flag that put Pitino on notice of McGee's illicit
activities. The staff also has willfully refused to inform Pitino and his counsel of specifically what the
staff believes Pitino should have done differently. That is because there is nothing that Pitino reasonably
could have done to either prevent the violations or to uncover the violations.
The investigative record is replete with testimony of Pitino, his staff, his student-athletes, prospects who
visited the institution and residents of the dorm, which shows beyond any doubt that Pitino was a rules
compliant coach who monitored his program.
The enforcement staff has overreached in this case. Pitino never should have been charged.
The Committee on Infractions has stated:
If the head coach sets a proper tone of compliance and monitors the activities of all assistant
coaches in the sport, the head coach cannot be charged with the secretive activities of an assistant
bent on violating NCAA rules.

See Principles of Institutional Control as Prepared by the NCAA Committee on Infractions at pp. 3-4
(emphasis added).
This is one of those cases. 1
Set forth below is an overview of Billy Minardi Hall and of Andre McGee.

See, e.g., University of North Carolina, Chapel Hill Public Infractions Report (March 12, 2012) (Head
coach not charged with failure to monitor despite assistant coach having a long-time and close
relationship with a sports agent who provided impermissible benefits to student-athletes); University of
Miami (Florida) Public Infractions Report (October 22, 2013) (Head football coach not charged with
failure to monitor despite a well-known booster providing hundreds of thousands of dollars in
impermissible benefits to dozens of student-athletes and prospects over an approximately ten-year period
and the assistant coaches arranging for prospects to meet the booster during recruiting visits).
I

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527

IN-2
Billv Minardi Hall
The men's basketball student-athletes have been housed in Billy Minardi Hall ("the dorm") since 2003.
The dorm is named after Billy Minardi, Coach Pitino's best friend and brother-in-law, who was killed in
the 9/11 attack on the World Trade Center. To create a memorial to Billy Minardi, Pitino donated his own
money and raised money from others to finance the cost of constructing the dorm. The dorm is a living
memory of Billy Minardi for Pitino and his family and of all the positive, life-affirming values that he
embodied.
Pitino and the University wanted all of the men's basketball student-athletes living together in one facility
on campus. Pitino, as well as director of athletics Tom Jurich and athletics department compliance officer
John Cams, believed strongly that having all the student-athletes living in the same facility on campus
would be ideal for monitoring the young men. Cams, senior associate athletics director for compliance,
said the student-athletes living in the dorm "is a compliance person's dream" because it makes monitoring
them much easier than if they were living off-campus.
The University's Housing Department and EdR, a self-administered and self-managed real estate
investment trust, operate and manage the dorm. EdR advertises itself as "one of the largest developers,
owners and managers of high-quality collegiate housing communities."
Neither Coach Pitino nor the athletics department have any involvement in the day-to-day operation and
management of the dorm. Minardi Hall is operated in the same manner as the other dorms on campus.
Neither Pitino nor the athletics department have any special influence on how the dorm is operated.
University Housing and EdR set the rules, policies and procedures for the operation and monitoring of the
dorm. The Housing Department employs a full-time resident assistant who lives in the dorm, and is
trained and paid to monitor the residents of the dorm. In addition, the Housing Department contracts with
an independent security company to provide a trained security guard to sit at the front desk from 10 p.m.
to 6 a.n1. Monday through Thursday, and from midnight to 8 a.m. Friday through Sunday.
Thus, EdR and the Housing Department, first and foremost, have responsibility for the operation and
management of Minardi Hall.

Andre McGee
Coach Pitino first met Andre McGee in 2004 when McGee was a junior in high school and the University
began recruiting McGee. Pitino met McGee's parents and family and got to know them over the years.
McGee carne from a stable, supportive family.
McGee was a member of the men's basketball team from 2005 until 2009, and was the team co-captain
during his senior season (2008-09). McGee was a model student-athlete and team leader.
To the best of Coach Pitino' s recollection, McGee never had any academic or off-court issues. In fact,
Pitino thought so highly of McGee that when then student-athlete
was having some
disciplinary problems, Pitino had'
room with McGee so that McGee could help'
, and
serve as a role model. It worked.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527

IN-3
Pitino could provide more examples of McGee demonstrating leadership skills and good character, but in
surrunary, McGee was a model student-athlete. 2
After playing professional basketball overseas for one year after graduating from the University, McGee
contacted Pitino and asked for a job. Pitino believes strongly in hiring former student-athletes. When
possible, Pitino likes to hire young men who he has coached and knows their character and work ethic.
Pitino made McGee a graduate assistant in 2010.

Virtually every adult who knew McGee, from his former teammates to colleagues, told the investigators
that they were shocked to learn that McGee had brought strippers to the dorm.

2

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
1-1

Allegation 1.
[NCAA Division I Manual Bylaws 13.2.1, 13.2. 1. 1-(e) and 16.11.2.13 (2010-11 through 2013­
14)]
It is alleged that from at least December 2010 through July 2014, Andre McGee (McGee), then
men's basketball program assistant (2010-11 and 2011-12 academic years), director of basketball
operations (2012-13 academic year through April 2014) and representative of the institution's
athletics interests while a University of Missouri-Kansas City assistant men's basketball coach
(April through July 2014), arranged for andior provided impermissible inducements, offers
andior extra benefits in the form of adult entertainment, sex acts andior cash at Billy Minardi
Hall (Minardi), a campus dormitory, or Louisville, Kentucky, hotels to at least 17 then men's
basketball prospective andior current student athletes, two then nonscholastic men's basketball
coaches and one then men's basketball prospective student-athlete's friend. The value of the
impermissible inducements, offers andior extra benefits was at least $5,400. Specifically:
a.   During then men's basketball prospective student-athlete'
unofficial visits to the institution,
McGee arranged for andior provided'
at least $510 in impermissible
inducements at Minardi in the form of at least $40 in cash, females performing two
and
striptease shows ($310) and sex acts ($160).4 [NCAA Bylaw 13.2.1 ('
5

b.   During then men's basketball prospective student-athlete'
.
official paid visit to the institution, McGee arranged for andior provided
(1) at least $650 in impermissible inducements at Minardi, which included $400 in
cash to  
md then men's basketball prospective student-athlete
and females performing a striptease show ($250) and (2) an $80 offer to
3 In August 2013, adopted proposal RWG-16-5 revised the term "relatives" in NCAA Division I Bylaw
16.11,2.1 to "family members." This revision had no substantive effect on Allegation No.1.
4 Interviewee statements, receipts and additional information determined the violation values in
Allegation No. 1. If an interviewee provided a range, the NCAA enforcement staff used the range's
lowest number. If a student-athlete identified a then prospect as having possibly received an
impermissible inducement, there was uncertainty regarding the identified prospect's involvement and the
prospect did not participate in an interview, the enforcement staff did not name the then prospect in the
allegation; however, the enforcement staff did account for the unnamed prospect when valuing the
violations. Additionally, the enforcement staff accounted for prospects or student-athletes whose
identities were not known by an interviewee but mentioned as having received an impermissible
inducement or extra benefit.
5 The institution first learned of the allegations in August 2015. The first confirmed violation occurred in
2010 and second confirmed violation occurred in'
2011. NCAA Division I Bylaw 19.5.11­
(b) permits the inclusion of these two violations in the notice of allegations because they involved a
pattern of willful violations on the part of McGee, which began before but continued into the four-year
period (August 2011 through August 2015).

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
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, that he declined, in the form of a sex act with a female adult entertainer.
[NCAA Bylaw 13.2.1 (
c.   During then men's basketball prospective student-athlete - _
.unofficial visit to the institution, McGee arranged for
and/or provided
_
at least $165 in impermissible inducements at Minardi
in the form of at least $40 in cash and females performing a striptease show ($125).
J
[NCAA Bylaw 13.2.11
d. During the
, McGee arranged for and/or provided then men's
basketball student-athlete _
at least $100 in extra benefits at Minardi in the
form of females performing a striptease show. [NCAA Bylaw 16.11.2.1 (
e. During then men's basketball prospective student-athlete j
,
. unofficial and '
official paid visits to the institution,
McGee arranged for and/or provided
at least $335 in impermissible inducements
at Minardi in the form of $25 in cash, females performing two striptease shows
($310) and an $80 offer to
, that he declined, in the form of a sex act with a
female adult entertainer. [NCAA Bylaw 13.2.1 ('
and'
J
f.

During then men's basketball prospective student-athlete'
official paid visit to the institution, McGee arranged for and/or
provided
at least $480 in impermissible inducements at Minardi in the form of
at least $100 in cash, females performing a striptease show ($140) and sex act ($240).
J
[NCAA Bylaw 13.2.1 (

g, From the'
academic year through the
semester, McGee arranged
for and/or provided at least $205 in extra benefits at Minardi to then men's basketball
student-athlete
in the form of females performing at least one striptease
show ($125) and sex act ($80). [NCAA Bylaw 16.11.2.1 (
. and'
­
h. During then men's basketball prospective student-athlete
.
_
unofficial visit to the institution, McGee arranged for and/or
provided
s guardian and nonscholastic basketball
coach, at least a $120 impermissible inducement at a Louisville hotel in the form of a
J)
sex act with a female escort. [NCAA Bylaw 13.2.1 ('
. i.

During then men's basketball prospective student-athletes
and '
. .
official paid visit to the institution,
McGee arranged for and/or provided at least $660 in impermissible inducements at
) females performing a striptease show
Minardi in the form of $200 in cash to
($300) and sex acts ($160) witb
. [NCAA Bylaw 13.2.1 (

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
1-3

J.

During then men's basketball prospective student-athlete
_
official paid visit to the institution, McGee arranged for andlor
provided
and then men's basketball student-athlete ~
, at least a $350
impermissible inducement and extra benefit at Minardi in the form of females
performing a striptease show. [NCAA Bylaws 13.2.1 and 16.11.2.1
J

k. During then men's basketball prospective student-athlete·
unofficial visit to the institution, McGee arranged for
andlor provided
at least $100 in impermissible inducements at Minardi in
the form of a female performing sex acts. [NCAA Bylaw 13.2.1
During then men's basketball prospective student-athlete.~
unofficial visit to the institution, McGee arranged for andlor provided
and
, at least $450 in impermissible inducements at
Minardi in the form of females providing a striptease show ($250) and sex acts
($200). [NCAA Bylaw 13.2.1

L

m. During then men's basketball prospective

student-athletes~·

.
and
official paid visit to the institution,
McGee arranged for andlor provided.
and
at least $330 in
impermissible inducements at Minardi in the form of females performing a striptease
show ($250) with
and
and sex acts ($80) with
(NCAA Bylaw
13.2.11
n.

Dur~g

then men's basketball prospective student-athletes
) unofficial and
) official paid visits to the
institution in
McGee arranged for andlor provided at least $410 in
impermissible inducements at Minardi in the form of females performing a striptease
show ($250) and a sex act ($80) with
, and a female performing a sex act
with
($80). [NCAA Bylaw 13.2.11,
o.
" McGee arranged for andlor provided at least $400 in impermissible
inducements at a Louisville hotel tC'
and
.
nonscholastic basketball coach, in the form of sex acts with two female escorts.
[NCAA Bylaw 13.2.1
J
L~ITIAL

RESPONSE

Pitino understands he is not named in this allegation and, therefore, is not expected to'respond.

 INITIAL RESPONSE OF RICK PITINO
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Allegation 2.
[NCAA Division I Manual Bylaws 10.01.1 and 10.1 (2010-11 through 2013-14 and 201516);
1O.1-(c) (2010-11 through 2013-14); 1O.1-(a) (2015-16); and 19.2.3 and 19.2.3.2 (2015-16)]
It is alleged that from at least December 2010 through July 2014 and in February and June
2016, Andre McGee (McGee), then men's basketball program assistant (2010-11 and 201112
academic years), director of basketball operations (2012-13 academic year through April 2014)
and former institutional employee (April through July 2014 and February through June 2016),
violated the principles of ethical conduct when he was knowingly involved in offering or
providing then prospective and/or enrolled student-athletes impermissible inducements and/or
extra benefits and failed to satisfy his responsibility to cooperate with the NCAA enforcement
staff by refusing to furnish information relevant to an investigation of possible violations of
NCAA legislation. Specifically:

a. From at least December 2010 through July 2014, McGee knowingly offered or
provided at least $5,400 in impermissible inducements and/or extra benefits in the
form of cash, adult entertainment and sex acts to at least 17 then men's basketball
prospective and/or current student-athletes, two then nonscholastic men's basketball
coaches and one then men's basketball prospective student-athlete's friend as detailed
in Allegation No. 1. [NCAA Bylaws 10.01.1, 10.1 and 1O.1-(c) (2010-11 through
2013-14)]
b. In February and June 2016, McGee refused to participate in an interview or
provide records after the enforcement staff requested him to do so during the
institution and enforcement staffs investigation of the NCAA violations detailed in .
Allegation No. 1. [NCAA Bylaws 10.01.1, 10.1, 1O.1-(a), 19.2.3 and 19.2.3.2 (2015­
16)]

INITIAL RESPONSE
Pitino understands he is not named in this allegation and, therefore. is not expected to respond.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
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Allegation 3.
[NCAA Division I Manual Bylaws 10.01.1, 10.1, 1O.1-(a), 19.2.3 and 19.2.3.2 (2015-16 and
2016-17)]

It is alleged that from May through August 2016, Brandon Williams (Williams), a former men's
basketball program assistant, violated the principles of ethical conduct when he refused to
furnish information relevant to an investigation of possible violations of NCAA legislation.
Specifically, 'Williams refused to provide telephone records after the institution and NCAA
enforcement staff requested him to do so during the institution and enforcement staffs
investigation of NCAA violations.

INITIAL REPONSE
Pitino understands he is not named in this allegation and, therefore, is not expected to respond.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-1

Allegation 4.
[NCAA Division I Manual Bylaws 11.1.2.1 (2010-11 through October 29,2012);611.1.1.1
(October 30,2012, through 2013-14)]
It is alleged that from at least December 2010 through April 2014, Rick Pitino (Pitino), head
men's basketball coach, violated NCAA head coach responsibility legislation, as he is presumed
responsible for the violations outlined in Allegation No.1 and did not rebut that presumption.
Specifically, Pitino did not demonstrate that he monitored Andre McGee (McGee), then men's
basketball program assistant (2010-11 and 2011-12 academic years) and director of basketball
operations (2012-13 academic year through April 2014), in that he failed to frequently spot­
check the program to uncover potential or existing compliance problems, including actively
looking for and evaluating red flags, asking pointed questions and regularly soliciting honest·
feedback to determine if monitoring systems were functioning properly regarding McGee's
activities and interactions with then men's basketball prospective and current student-athletes
visiting and attending the institution.

INITIAL RESPONSE
II. Basis of Findings
Pitino and his counsel used the standard in Bylaw 32.8.8.2 to detennine whether Pitino failed to monitor
Andre McGee:
The committee shall base its decision on information presented to it that it detennines to be
credible, persuasive and of a kind on which reasonably prudent persons rely in the conduct
of serious affairs.
This is a high standard.
As explained by Professor Josephine Potuto, a fonner chair of the Division I COl, the standard is
equivalent to the clear and convincing evidence standard used in some civil lawsuits. Potuto explained
the standard on May 10, 2011, at NCAA. headquarters during the "NCAA Enforcement Experience," a
presentation sponsored by the NCAA to explain the NCAA enforcement process to journalists and the
public.
Thus, the COl must be persuaded by clear and convincing evidence that Pitino failed to monitor McGee.

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Case No. 00527

4-2

III. The Allegation Does Not Allege that Coach Pitino Failed to Promote an
Atmosphere of Compliance
The head coach control legislation (Bylaw 11.1.1) requires a head coach to: (1) Promote an atmosphere of
compliance within his program; and (2) Monitor the activities of all assistant coaches and other
administrators involved with the program who report, directly or indirectly, to the coach.
It . is important to note that the staff has not alleged that Pitino failed to promote an atmosphere
compliance. Indeed, the record of the investigation conducted by the staff and the University shows
clearly that Pitino promoted an atmosphere of compliance throughout his program.

Among other things, Pitino promoted an atmosphere of compliance within his program by:
•   Meeting with his coaching staff every day during the season and regularly during the off-season
to communicate his expectations that they comply with the rules and to discuss their activities to
ensure they are being compliant.
•   Meeting regularly with his staff and the staff from the compliance office to receive NCAA rules
education. These meetings are mandatory.
•   Meeting and communicating with Tom Jurich about his and the University's expectations for the
men's basketball program, including academic success and NCAA rules compliance.
•   Promoting and fostering a 2417 open line of communication policy between his staff and the
compliance staff to regularly seek and receive advice on compliance issues as they arise.
•   Ensuring that his staff knows that he expects them to promptly report to him and/or the
compliance staff any potential violations of NCAA legislation. Pitino understands and
communicates to his staff that it is a good thing to promptly report inadvertent violations of
NCAA rules.
•   Making clear to all new hires that he will fire them immediately for any deliberate or intentional
violation of NCAA legislation?
•   Meeting regularly with his student-athletes to communicate not only his expectations that they
comply with NCAA rules and stay away from third-parties such as boosters, agents and runners,
but also to teach them life lessons about the importance of treating women with respect and
avoiding drugs and alcohol.
Pitino did everything that the NCAA and the University expected of him to promote an atmosphere of
compliance within his program. Despite Pitino's efforts, one individual Andre McGee - disobeyed
Pitino and violated his trust.

Pitino tells every new hire, "If you knowingly break a rule, you will not be part of this staff the next
day."

7

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-3

IV. Summary Response to the Staff's Allegation that Pitino Failed to Monitor
Andre McGee
The staff has alleged only that Pitino failed to adequately monitor McGee's activities and interactions
with prospective student-athletes visiting and current student-athletes attending the institution.
While this is a serious allegation, and Pitino takes it very seriously, the allegation is narrow in its scope.
The staff alleged only that Pitino failed to monitor only one individual on his staff, McGee, by failing to
frequently spot-check the program to uncover potential or existing compliance problems in that:
1) Pitino allegedly failed to actively look for and evaluate red flags; and
2) Pitino allegedly did not ask pointed questions and regularly solicit honest feedback to determine if

monitoring systems were functioning properly regarding McGee's activities and interactions with the then
men's prospective and current student-athletes visiting and attending the institution.
Pitino vehemently disagrees with the staff's allegation.
First, Pitino absolutely did actively look for red flags, but there never were any red flags giving any signs
or even a hint of McGee's illicit activities. The enforcement staff and the University conducted an
exhaustive investigation lasting over a year. The investigation did not reveal or uncover even a single red
flag. Not one.
In fact, not only did Pitino never see or hear of a single red flag giving warning of McGee's illicit
activities, but the University housing staff and security guards - who were trained and paid to monitor the
dorm and look for signs of illicit activity - also never saw a single red flag of McGee's illicit activity. 1£
the people who live in the dorm and people who are trained and paid to watch the dorm never saw a red
flag, it is unreasonable to allege that the head coach should have seen red flags.

Second, as Pitino and others told the investigators, Pitino did ask questions of his staff and of student­
athletes and prospective student-athletes and their families who were visiting the institution. No one - not
a single person - ever told Pitino that McGee ever did anything inappropriate or questionable, much less
that he was hosting stripper parties in the dorm.
In fact, even when confronted with the details of the activities, McGee and some of the young men who
were involved in the parties lied to experienced and trained NCAA investigators. Thus, not only is the
allegation factually inaccurate - Pitino did ask questions - it is also a red herring. The notion that Pitino
could have ferreted out the illicit activities by asking "pointed questions" and soliciting "honest feedback"
is belied by the fact that McGee and others denied and lied to the investigators even when confronted with
the details of the illicit activities. Those who were involved knew that the activities were illicit and they
certainly were not going to tell Pitino.

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4-4

V. Head Coaches' Duty to Monitor
Bylaw 11.1.1 states:

11.1.1.1 Responsibility of Head Coach. An institution's head coach is presumed to be
responsible for the actions of all institutional staff members who report, directly or
indirectly, to the head coach. An institution's head coach shall promote an atmosphere of
compliance within his or her program and shall monitor the activities of all institutional staff
members involved with the program who report, directly or indirectly, to the coach.
The presumption of responsibility can be rebutted by the head coach showing that he promoted an
atmosphere of compliance and monitored his staff. As noted above, the staff concluded that Pitino
promoted an atmosphere of compliance, charging Pitino only with failing to adequately monitor McGee.
The duty of a head coach to monitor his program has been defined and explained in enforcement staff
guidelines and COl case precedent. The staff has provided the following guidance on the duty to monitor:
Action Plan-Monitoring
A head coach should also demonstrate a commitment to compliance through
monitoring his staff's activities in consultation with the compliance staff. The outline
below was created to assist a head coach with managing his monitoring
responsibilities.
In consultation with the compliance director, create procedures to ensure your staff is 


monitoring your program's rules compliance. Suggested procedures: 

o Assign a staff liaison(s) to the compliance staff.
o Assign staff members to monitor specific areas of compliance (e.g., recruiting contacts;
initial eligibility; amateurism; telephone contacts).
o Regularly evaluate staff members to ensure their areas of compliance are monitored and
that all responsibilities are executed in a timely manner.
o Ensure that the entire program has adequate and on-going compliance training and that
there is a plan in place for discussion of important information.
o Determine reporting lines for resolving actual and suspected NCAA rules issues.
o Determine reporting lines to alert compliance staff of issues involving prospective student­
athletes and current student-athletes (e.g., agents; initial eligibility; pre-enrollment
amateurism, etc.).
C Regularly solicit feedback from your staff members concerning their areas of compliance.
and the program's overall compliance environment in order to ensure that the monitoring
systems are functioning properly.

o Ensure that the program immediately notifies the compliance staff when concerns or red
flags occur related to suspected NCAA rules violations. A lack of immediate action by the
head coach will be a significant factor in determining whether the head coach met the
obligations imposed by Bylaw 11.1.2.1.

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Case No. 00527

4-5
See http://fs.ncaa.org/Docs/Al\1AIlegislative actions issueslLSDBilHeadCoachControl.pdf at pp. 2-3.
Pitino followed every single one of the staffs recommendations. He followed the guidance to assign a
staff member to monitor specific areas of compliance by assigning McGee - a former student-athlete and
team co-captain - to monitor the activities in the dorm. Pitino regularly solicited feedback from McGee,
his assistant coaches, student-athletes and prospects making recruiting visits to campus about activities in
the dorm. Pitino even visited the dorm regularly during the season.
Pitino went above and beyond the monitoring requirements of Bylaw 11.1.1. He has directed his staff to
regularly monitor his student-athletes' social networking accounts to identify red flags for inappropriate
or questionable activities or third-party relationships. That monitoring is above and beyond anything
expected by the NCAA
Despite these monitoring activities, McGee was able to conceal his illicit activities not only from Pitino,
but also from the full-time resident assistant (RA), the security guards and several of the residents of the
dorm.
There never was a single red flag or sign that did alert or should have alerted Pitino to the illicit activities.
Under those circumstances, Pitino' s monitoring certainly met the guidelines of the enforcement staff.
The COl has stated that head coaches who set a proper tone of compliance and monitor cannot be charged
with failing to monitor a staff member who secretively violates the rules.
A head coach has special obligation to establish a spirit of compliance among the entire
team, including assistant coaches, other staff and student-athletes. The head coach must
generally observe the activities of assistant coaches and staff to determine if they are
acting in compliance with NCAA rules. Too often, when assistant coaches are involved in
a web of serious violations, head coaches profess ignorance, saying that they were too busy
to know what was occurring and that they trusted their assistants. Such a failure by head
coaches to control their teams, alone or with the assistance of a staff member with
compliance responsibilities, is a lack of institutional control.
This is not to imply that every violation by an assistant coach involves a lack of institutional
control. If the head coach sets a proper tone of compliance and monitors the activities of
all assistant coaches in the sport, the head coach cannot be charged with the secretive
activities of an assistant bent on violating NCAA rules.
See Principles of Institutional Control as Prepared by the NCAA Committee of Infractions at pp. 3-4
(emphasis added).
Pitino did more than "generally observe the activities" of his assistant coaches and staff. He asked
questions, solicited feedback and looked for red flags, but there never was a single red flag to raise
suspicion. He even actively monitored his student-athletes' social networking accounts.
While the staff has not identified a single red flag or explained what "pointed questions" Pitino should
have been asking to solicit "honest feedback," the allegation suggests that the staff believes that despite
the absence of red flags, Pitino had an obligation to regularly conduct mini-investigations to ferret out

 INITIAL RESPONSE OF RICK PITINO
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4-6
McGee's illicit activities, which were designed and intended to be kept secret and hidden. No such
obligation exists for head coaches.
In the University of Connecticut men's basketball case, the COl explained a head coach's duty to
monitor:
By law 11.1.2.1 confers a duty upon head coaches to monitor their programs and establish an
atmosphere for compliance. The bylaw was enacted to hold head coaches responsible for
violations and establishes a presumption that they are aware of the activities of those
working under them in their programs. While it does not require them to investigate
possible wrongdoing, it does require them to recognize potential problems, address
them, and report them to the athletics administration.
See University of Connecticut Public Infractions Report (February 2011) at pp. 18-19 (emphasis added).
Head coaches are required to have reasonable monitoring systems; to watch and observe and ask
appropriate questions based on the likelihood that a certain situation holds potential for noncompliance or
violations.
Pitino did all of those things. He did everything he reasonably could be expected to do to monitor McGee.
Significantly, the University of Louisville and Tom Jurich have told Pitino that they have carefully
reviewed and analyzed his monitoring of the dorm and of McGee, and the University has concluded that
Pitino exceeded the University's expectations for monitoring the men's basketball program. Thus, if
there is something that the enforcement staff believes Pitino should have been doing but was not, one of
the most experienced and respected athletic directors in the country disagrees.
Never in his worst nightmare could Pitino have imagined that his trusted former team co-captain would
run strippers through the dorm that Pitino built in memory of his best friend and brother-in-law. It was not
imaginable to Pitino.

VI. McGee's Duties
McGee was a GA during the 2010-11 and 2011-12 academic years and was promoted to director of
basketball operations (DOBO) during the 2012-13 and 2013-14 academic years. As a GA, McGee was
tasked with duties such as checking to ensure student-athletes were attending class, arranging logistiCs for
prospects during recruiting visits and giving campus tours, and because he lived in the dorm, to keep an
eye on what happens in the dorm and make sure the student-athletes do what they are supposed to do.
That system worked very well for Pitino since the dorm opened in 2003. And McGee, as a four-year
student-athlete under Pitino, a team captain and a very good academic student-athlete, was very well­
suited for the position. McGee knew Pitino's expectations for the program and his expectations for
student-athlete behavior and conduct. McGee had lived in the dorm for four years and knew the dorm
rules and expectations of the University for dorm residents. It would be difficult to imagine a candidate
better qualified for the GA position than McGee.
As DOBO, McGee took on more responsibilities for completing compliance paperwork and team
administrative responsibilities, and he continued to have responsibility for keeping an eye on the dorm.

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McGee was the staff liaison to the RA in the dorm. The Housing Department and RA had primary
responsibility for ensuring the safety and appropriate conduct of dorm residents. The RA regularly
communicated any issues to the GA so that the men's basketball staff was kept informed of any problems.
Other than giving campus tours, transporting prospects around campus or to restaurants or the airport
during recruiting visits, speaking to prospects about his experience as a student-athlete under Pitino and
generally keeping an eye on the donn, McGee had no recruiting duties. Pitino relies on himself and his
assistant coaches to recruit prospects to the University. McGee was little more than a campus tour guide
and an eye in the dorm.

VII. Detailed Response to the Allegation that Pitino Did Not Monitor
A. Procedural Objection - The Enforcement Staff Willfully Failed and Refused to Provide
Pitino and His Counsel with the Details of the Allegation
The staff has alleged that Pitino:
"[F]ailed to frequently spot-check the program to uncover potential or existing compliance
problems, including actively looking for and evaluating red flags, asking pointed questions
and regularly soliciting honest feedback to determine if monitoring systems were functioning
properly regarding McGee's activities and interactions with then men's basketball
prospective and current student-athletes visiting and attending the institution."
After conducting a thorough review of the Factual Information identified by the staff which supposedly
supports the allegation, Pitino and his counsel have been unable to identify:
•   Any spot-checks the staff believes Pitino should have been conducting, but was not.
•   A single red flag that actually gave or should have given Pitino warning or notice of McGee's
illicit activities.
•   Pointed questions that the staff believes Pitino should have been asking, but was not.
•   Ways that the staff believes Pitino should have been soliciting honest feedback, but was not.
Bylaw 19.7.1 states that an institution and involved individuals "shall be given notice ...of the details of
the allegations."
On December 20,2016, Pitino's counsel sent the fonowing email to the staff asking for the details of the
allegation against Pitino:
Nate,
I hope you're well.
I'm writing to ask for clarification of the allegation that Coach Pitino failed to monitor
Andre McGee. Specifically, it would help Coach Pitino and me to respond to the allegation
if you would tell us:

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1. Specifically what spot-checks the staff believes Coach Pitino should have been doing to
uncover existing or potential compliance problems;
2. Specifically what red flags the staff believes existed, but that Coach Pitino failed to look
for and evaluate;
3. Specifically what pointed questions Coach Pitino should have been asking and of whom;
and;
4. Specifically how Coach Pitino should have been soliciting honest feedback to determine if
monitoring systems were functioning properly. 

Answers to these questions will help Coach Pitino respond fully to the staff's allegation and 

make sure that the COl has complete information to adjudicate the allegation. 

Also, if there are key interviews the staff intends to use to support its allegation, we would 

appreciate you identifying those interviews to us. 

We appreciate your continuing cooperation. 

Scott
The staff responded the same day, but did not provide Pitino and his counsel with any clarification of or
insight to the staff's allegation that Pitino failed to monitor.
Scott,
Thank you for your message. The staff feels as though the allegation speaks for itself and
will lea ve it up to you and Coach Pitino to respond as you see fit.
Please note that the allegation states your client failed to frequently spot check the program
to uncover potential or existing compliance problems, including:
•   Looking for and evaluating red flags;
•   Asking pointed questions; and
•   Regularly soliciting honest feedback to determine if monitoring systems were functioning
properly.
If you and your client feel as though he did do these types of things in relation to Andre
McGee's activities and interactions with then men's basketball prospective and current
student-athletes visiting and attending the institution, you may want to inform the Committee
of these activities in your response.

Pursuant to NCAA Bylaws 19.5.9 and 19.7.1, the information that the staff has relied on in
support of Allegation No.4 and the NOA's other three allegations is referenced in the NOA's
FI chart and/or present in the secure web file, which the staff provided you access to on or
about October 17.

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Regards,
Nate
The staff has failed and refused to give Pitino and his counsel the details of the allegation as required by
Bylaw 19.7.l. The staff had over a year to conduct its investigation and it interviewed dozens of
witnesses. The staff has alleged that Pitino committed a Level I violation - which carries very severe
penalties, including a multi-game suspension - by failing to:
•
•
•
•

Frequently spot-check the program
Look for and evaluate red flags
Ask pointed questions
Solicit honest feedback

But the staff has not explained in any detail what spot-checks Pitino should have been conducting, what
red flags he missed, what pointed questions he should have asked and of whom, and how he should have
solicited honest feedback.
Pitino and his counsel should not have to guess at the staff's theory of how Pitino allegedly failed to
monitor McGee; the staff is supposed to explain its allegation sufficiently so that Pitino can respond
directly and squarely to the allegation so the COl has the benefit of full information.
Because the staff willfully refused to provide Pitino and his counsel with the details of the allegation,
Pitino respectfully requests that the COl preclude the staff from including those details in its Reply to
Pitino's Response to the Notice of Allegations and be precluded and prohibited from attempting to. add
those details to the record at the hearing.
If the staff willfully refuses to tell Pitino and his counsel the details of the allegation so that Pitino may

respond fully, then the staff should not be permitted to later add those details to the record.

B. Pitino Reasonablv Believed the Monitoring System for :Minardi Hall Was Working
Effectivelv and As Intended
The staff's allegation is factually incorrect because Pitino did spot-check the program, ask questions and
solicit feedback to determine if monitoring systems for the dorm were functioning properly. In fact,
Pitino, his staff, student-athletes and prospects all told the investigators how Pitino monitored his program
genera'lly and how he monitored prospects' recruiting visits to campus.
While the staff has not provided Pitino and his counsel with even a single example of what the staff
believes Pitino should have done differently, the staff's allegation seems to focus on the frequency of
Pitino's monitoring as the issue, e.g., the staff has alleged that Pitino "failed to frequently spot-check the
program," and that Pitino "failed to .. .regularly solicit honest feedback."
Thus, the staff's complaint seems to be not that Pitino failed to monitor McGee and the dorm Pitino did
monitor McGee - but that he did not monitor as frequently and regularly as the staff believes he should
have monitored.
Pitino strongly disagrees.

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In determining if Pitino's monitoring was sufficient, the cor should take a close look at the overall
environment of the dorm and the likelihood that major NCAA violations, and specifically those that
occurred in this case, would occur in the dorm. The cor also should look at Pitino's overall experience
with the monitoring system that had been in place since 2003 when the dorm opened.

That analysis will lead any objective observer to conclude: (1) Neither Pitino nor anyone else at the
University ever had any reason to think that McGee might bring strippers to the dorm to entertain visiting
recruits; and (2) Pitino had every reason to believe that the system for monitoring Minardi Hall was
working effectively and as intended.
As the NCAA has made clear, the level of monitoring expected of member institutions and head coaches
is dependent in large part on the likelihood that any given situation may result in violations. Situations
ripe for violations require more monitoring, situations which present a low likelihood of violations require
less monitoring.
In addition, heightened monitoring is required when red flags are present, of which there were none in
this case.

Contrary to the staff's suggestion that the atmosphere at Minardi Hall required Pitino to conduct
heightened monitoring, conduct frequent spot-checks, ask pointed questions and regularly solicit honest
feedback to ensure that the monitoring system was functioning, the opposite is true.
Pitino had every reason to think the monitoring system at Minardi Hall was working because occasionally
he received reports of misconduct or other questionable activities in the dorm. Among other things, over
the years Pitino has been told of underage drinking in the dorm, marijuana use, student-athletes riding a
hover board in the hallway and of a young man who kept trying to keep a dog in his room.
On a few occasions, Pitino has had to intervene when he learned that a student-athlete was having a
girlfriend spend too many consecutive nights in the dorm or a student-athlete had a friend stay in the dorm
for an extended period of time.
Once, Pitino was told that a visiting recruit stole basketball shoes from a student manager.
Pitino was paying attention to the dorm and he responded promptly and appropriately when he learned of
misconduct or questionable behavior. The enforcement staff must agree that Pitino paid attention to
Minardi Hall and when he was alerted to improper conduct, he responded.
Pitino also regularly visited the dorm during the season. He walked by the RA on duty at the front desk.
Thus, Pitino made himself available in-person for the RA to communicate any concerns or issues. The RA
never expressed any concerns to Pitino, because he never had any concerns to report to Pitino.
But the RA did inform Pitino's staff in real time if any serious matters arose, and Pitino's staff always
promptly informed him of the issues. In other words, Pitino was paying attention, and his staff and the
Housing staff knew that Pitino expected to be informed promptly of any misconduct in the dorm.
Thus, Pitino reasonably believed that the system for monitoring Minardi Hall was working effectively and
as intended. If Pitino had never heard of any misconduct in the dorm, that would have raised a red flag.

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Young men living away from home for the first time and transitioning to adulthood will occasionally
break rules. That is expected.
But Pitino occasionally was told of dorm shenanigans. And when he learned that one of his student­
athletes broke the rules of the Housing Department, he imposed appropriate discipline. He cracked the
whip.
Pitino reasonably believed that the people who were trained and paid to watch the dorm were keeping him
informed of any significant misconduct involving his staff or student-athletes. Pitino had absolutely no
reason whatsoever to think that McGee was running strippers through the dorm and that the people who
were paid to watch the dorm did not know about it.

C. Pitino Did Spot-Check, Look for Red Flags and Ask Questions
Pitino has a well-earned reputation as a hard worker. During the season, he starts every day meeting with
his coaching staff at 7 a.m. and the work day does not end until well after the sun sets. He discusses
practice planning, game planning and recruiting with his staff, but he also speaks regularly to his staff
about compliance issues.
And Pitino solicits feedback about anything going on in the program that should be brought to his
attention. He expects his coaches and staff to immediately report any serious issues or potential problems
to him. And he specifically communicated his expectations concerning Minardi Hall.
Pitino also regularly met with his team and spoke to them about his expectations for their personal
conduct. Many of the student-athletes told the investigators that Pitino spoke to them about life lessons
and gave them fatherly advice, including telling them to treat women respectfully.
Pitino also emphasizes the importance of academic success to his team. Coach Pitino's teams regularly
lead the conference in academic success, and receive national accolades and awards for academic
excellence. Coach Pitino works hard to instill values of academic success in his student-athletes so they
will be prepared for a successful life after basketball. A summary of Coach Pitino's teams' academic
success and achievements is attached as Exhibit 1.
Regarding his monitoring. of prospects' visits to the University, Pitino told the investigators that he warns
the student hosts about keeping visiting recruits safe and out of trouble, and he also asks the recruits at
breakfast how they spent the previous evening when they were with the student hosts.
Leffler: It appears as though, based on the information we received that [a visiting prospect] spent
some time in Minardi. Did you ever ask about his time that he spent in Minardi?
Pitino: I ask every single recruit, "Did you have a good time? What did you do? Which players did
you get along with? vVhich players did you hang out with?" Because we try to encourage, even though
the host is responsible, he gets the money and he entertains, we try to get more involved than the host, so
they interact with more, not just with a player who's not playing his position, we want him to meet
everybody on the team.
See Pitino Tr. at p. 33 (emphasis added).

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Pitino told the investigators he asks the same thing of all visiting prospects: "Did you have a good
time? What'd you think ofthe dorm? What did you think of your teammates?"
Leffler: OK, do you specifically ask the prospects what did you do last night in the dorm?
Pitino: Sometimes, I will say, "Did you have fun last night? Did you go to a party? Did you stay
in?" But generally, more often than not, I'll ask the host, "What did you do last night?"
See Pitino Tr. at p. 40 (emphasis added).
Leffler: Between the hours of 10 p.m. and 6 a.m. when the coaches aren't necessarily there at Minardi
Hall, was that when Andre, when he was working there in the capacity as a GA and the Dps person, was
he responsible for monitoring those prospects when they were in Minardi?
Pitino: Well, obviously he was doing the wrong things. He was, he's supposed to be responsible for noise
control, making sure they get up on time. He's not responsible, the host is supposed to be the one that's
responsible.
Leffler: So the GAs and the Dps person ...
Pitino: GAs are not supposed to go out with (the recruits), not supposed to do those things.

Leffler: OK. When the prospects are in Minardi, the GA is not supposed to, doesn't have a
responsibility for making sure that the prospect and what they're doing are within NCAA rules?
Pitino: Yeah, he's to know what's going on in there, and we ask the next day when we have
breakfast, "\Vhat did you do and where did you go?" You know, I tell the hosts constantly, "Stay
away from Fourth Street Live. Stay away from there. Stay out of bars. No underage drinking.
Nothing like that. Stay away from trouble."
I tell them exactly what I want them to stay away from. Not in a million years would or could I ever
fathom in my wildest nightmare anything like this.
See Pitino Tr. at p. 47 (emphasis added).
Pitino told the investigators that he and his staff also call prospects' parents after the young men return
home from a recruiting visit to confirm that they returned home safely and to ask how the young men
enjoyed their visit to the University. Never once did parents of a prospect ever tell Pitino or his staff that
McGee had provided inappropriate or questionable entertainment to their son.
Several of the young men who made recruiting visits to the University confirmed to the investigators that
Pitino and/or his assistant coaches asked them about their activities during the night when the coaches
were not with them, but not a single prospect told Pitino or his assistant coaches about the adult
entertainment they received in the dorm. Not one.

Several of the student-athletes told investigators that there was no way that Pitino knew about the
illicit activities in the dorm. In fact, many of the young men who knew about the illicit activities
explained that they deliberately did not tell Pitino or his assistant coaches about the strip shows

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because they knew Pitino would be very upset and would impose serious consequences. One young
man said he did not tell Pitino about the illicit activities because he wanted to protect McGee from
getting in trouble with the NCAA and possibly going to jail.

In determining whether Pitino should have uncovered McGee's illicit activities, it is very important to
know that some of the young men did not even tell the truth to the NCAA investigators when they
initially were interviewed and confronted with the details of their involvement with the strip shows. In
some cases, trained NCAA investigators, armed with the details of the illicit activities, struggled to get
those who were involved to admit their involvement. Yet those same investigators allege thatPitino could
have uncovered the illicit activities if he had only asked "pointed questions" and "solicited honest
feedback."
To persuade some of the young men to tell them about the strip shows, the enforcement staff requested
and obtained limited immunity from the Chairperson of the COL Limited immunity is an investigative
tool used by the enforcement staff to elicit truthful information from student-athletes who may have been
involved in NCAA violations which could jeopardize their eligibility to compete. In exchange for truthful
information, the enforcement staff agrees not to put the student-athlete at-risk for losing his eligibility.
The staff told the Chairperson of the COl that limited immunity was necessary to facilitate obtaining full
cooperation and truthful information. Thus, trained NCAA investigators, armed with the details from the
book, photos and Ms. Powell's journal, believed they needed to give the young men limited immunity to
get them to tell the truth.
Pitino, of course, had not even an inkling that strip shows were going on in the dorm, much less all of the
details of the illicit activities or the ability to give the student-athletes immunity from losing their
eligibility. Yet according to the enforcement staff, Pitino would have uncovered the secret and
deliberately concealed activities if he had only asked some "pointed questions" and "solicited honest
feedback."
1. Prospect's Declaration Form
The Prospect's Declaration Form is one of the ways Pitino monitored prospects' visits to campus. He
reviewed and signed every form himself to attest that he had reviewed the form and that based on the
prospect's attestation, no NCAA violations had occurred during the prospect's visit.
The Form requires the prospect to confirm in writing that he did not engage in a variety of activities
which violate NCAA. recruiting legislation, including not accepting cash for entertainment purposes. A
copy of the Form is attached as Exhibit 2.
However, the Form, which is one of the ways Pitino monitored prospects' visits to campus, did not help
in uncovering the illicit activity because prospects did not complete the form truthfully; they attested that
they had not received cash for entertainment purposes when, in fact, many of the prospects were given
cash by McGee to tip the strippers.
Thus, contrary to the staff's allegation, the prospects were asked "pointed questions." The prospects were
specifically asked whether they had received cash for entertainment purposes and they did not answer
truthfull y .

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2. Pitino and His Staff Monitored the Student-Athletes' Social Networking Sites
Another way that Pitino monitored the activities of his student-athletes was by monitoring their social
networking accounts. Pitino has his assistant coaches and DOBO regular monitor his student-athletes'
social networking accounts. They also check the social networking sites of the prospects they recruit.
Pitino told the investigators, "We don't allow Twitter, which is a big blessing for us. But we're on their
Facebook, we know what they're doing. We're on their Instagrams, we know what they're doing. We talk
about any problems." See Pitino Tr. at p. 11.
Pitino and his staff looked specifically for any red flags on the young men's social networking accounts.
By monitoring student-athletes' social networking sites, Pitino and his staff went above and beyond and
exceeded the NCAA's expectations for monitoring.
In the "University of North Carolina, Chapel HillPublic Infractions Report, the COl stated:
The committee recognizes that social networking sites are a preferred method of
communication in present society, particularly so among college-age individuals. While we
do not impose an absolute duty upon member institutions to regularly monitor such
sites, the duty to do so may arise as part of an institution's heightened awareness when
it has or should have a reasonable suspicion of rules violations. If the membership desires
that the duty to monitor social networking sites extend further than we state here, the matter
is best dealt with through NCAA legislation.
See "Cniversity of North Carolina, Chapel Hill Public Infractions Report (March 12, 2012) at p. 13
(emphasis added).
Pitino does not wait to monitor social networking sites until he has a "heightened awareness" of a risk for
noncompliance or a "suspicion of rules violations;" he has his staff regularly monitor his team's social
media accounts. And not once - not one single time - did his staff ever see any illicit activity posted on
the young men's social networking accounts or any red flags.
Set forth below is what some of Pitino's staff members, including McGee, the student-athletes and
prospects reported to investigators about Pitino's monitoring of the program and McGee's illicit
activities.

3. Andre McGee
McGee refused to cooperate with the enforcement staff in this investigation, but he did interview with the
staff in February 2014 as part of a separate inquiry of the operation of Minardi Hall. 8 In his 2014
interview with the staff:

It is worth noting that McGee had arranged a stripper party for
before his interview with the enforcement staff. See Allegation 1(n).

8

just a few weeks

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•   McGee said he regularly attended rules education meetings with the compliance staff and took
the NCAA recruiting tests. McGee said of the men's basketball staff, he interacts with
compliance the most. .
•   McGee said there "definitely" is an atmosphere of compliance in the men's basketball program.
•   McGee said he has a good understanding of NCAA rules.
•   McGee said Coach Pitino built Billy Minardi Hall to honor his brother-in-law and that it is a
privilege to live in the donn.
See McGee Tr. (February 28, 2014) at pp. 3-4.
The investigators also asked McGee to describe his duties in Minardi Hall.

Huber: Can you go a little bit into what your responsibilities are with Minardi Hall now as the
director of basketball operations?
McGee: Well, my responsibility is really just kind of a watchdog for our players, you know, to
make sure, you know, to make sure they're not doing anything they're not supposed to be doing.
That's probably my primary responsibility as far as the dorm, and making sure that, you know,
they are complying with everything housing wants them to do.
Id. at p. 5 (emphasis added).
Thus, McGee told the investigators that he was well-educated on NCAA rules, he knew the rules, that
Coach Pitino promoted an atmosphere of compliance, and that he was supposed to be "a watchdog" in the
dorm to make sure the student-athletes did not do anything that they were not supposed to do. McGee is
the embodiment of the assistant bent on secretively violating NCAA rules.

4. David Padgett
David Padgett was a member of the basketball team from 2004-08 and a teammate of McGee. Padgett
replaced McGee as director of basketball operations in May 2014 and he was promoted to assistant coach
in July 2016. Padgett explained Pitino's management style to the investigators and how Pitino is
constantly asking questions.

You know, staff-wise, [Coach Pitino] is always wanting to know what's going on. I mean, he's
texting or calling us ...on a daily basis, even if he's out of town..."Is there anything going on? How
is every body doing? How are the players doing?" You know, all that kind of stuff. So, he definitely
wants to know what's going on ...
See Padgett Tr. at p. 8 (emphasis added).

5. Mike Balado
Mike Balado has been an assistant coach at the University since April 2013. Here is what he said about
Pitino's instructions to the staff for monitoring the donn:
Leffler: Have you ever heard [Coach Pitino] address his expectation that [GAs] are supposed to monitor
Minardi for NCAA rules compliance?

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Balado: Yes, he has said that with me present.
Leffler: Can you tell me what he said?

Balado: You know, "You guys are living there. Make sure that [the student·athletes] are not getting
into trouble, make sure that there is no •.. suspicious things going on. You know, suspicious people
walking in. If you have a question of who somebody is, make sure you ask them."
Balado also told the investigators that with regard to monitoring Minardi, he heard Pitino say, "If you see
something suspicious going on, make sure you find out what's going on exactly and make sure you
let me know."

Balado also reported that Pitino asks questions about what is going on in the dorm. Balado said
Pitino asked if everything is OK with the dorm; "I haven't been over to the dorm lately, is
everything alright?"
Balado said that when McGee was on staff and even now Pitino will ask, "Is everything okay with
the dorm? Is anything going on in the dorms that we need to know about?"
See Balado Tr. at pp. 29-32 (emphasis added).
B alado was asked about Pitino' s know ledge of what goes on in the dorm.
Leffler: Does [Coach Pitino] know what's going on in Minardi. .. based on your opinion and based on
your opinion of the interactions you've witnessed ... does Coach appear to be knowledgeable about what is
going on in Minardi?

Balado: I don't think he's knowledgeable about everything, no. I think he's just generally...or what
people tell him or what he sees when he goes over there. But every single thing that happens around
there? No, I don't think he's knowledgeable of everything. No.
Leffler: Why do you say that?
Balado: Because we don't spend every waking minute at the building ourselves. We only go by for
what we see --­
Balado's Attorney: Because we're sitting here today.
Balado: ---You know, I mean, well, for what we see. We go over there and watch film. We look around. I
mean, that's what we know. You know, somebody that's monitoring tells us. But other than that, no, I
can't say that he knows ... not about everything.
See Balado Tr. at p. 33 (emphasis added).

6. Kenny Johnson 

Kenny Johnson has been the associate head basketbalJ coach since April 2014. He told investigators: 


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"You drop [a visiting prospect] off at a particular moment at night ..• after dinner is over, and then
you pick them back up...the following morning for breakfast. And you ask what their activities
were and hopefully you're getting tmthful answers as far as what they've done. And, you know,
unless there's any reason that otherwise, you know, comes up not to believe them, then you kind of
go with what they say."
See Johnson Tr. at p. 13 (emphasis added).
Johnson added that although he knows the graduate assistant is at the dorm and is supposed to be
generally monitoring the prospects' visits, he (Johnson) sometimes calls the dorm during the night to
make sure the prospects are where they are supposed to be and are safe. 9

7. Kevin Keatts
Kevin Keatts was an assistant coach at the University from May 2011 to April 2014. Keatts currently is a
head coach at another NCAA Dr institution.
Keatts said Pitino or the other assistant coaches asked McGee or the student-athletes about the prospects'
overnight visits and did they think the young men enjoyed their visit to the University. Keatts said there
was never one red flag in his communications with McGee or that was ever reported to him. See
Keatts Tr. at pp. 30,37.

8.
was a member of the team from'

Leffler: Describe for us how Coach Pitino ran the program when you played for him .
. Coach was strict as hell. Like, Coach was strict. He issued curfews. We had to get up early a
lot. And he preached .•. he preached ego, humility. He preached a lot of stuff and he was honest with
his stuff, too, way older stuff that had gone on. So it wasn't like he was trying to be hypocritical and
stuff because he told us everything that he did and how he embarrassed his family and so on. So he
never wanted the same for any of us.
So I know for a fact that man ain't have a clue about what was going on because Minardi was real close to
him. Even when something would break in the dorm, he would bug out. Like if a cup dropped or a
painting was crooked, he would get upset.
And he was always trying to renovate Minardi. "We need new computers" or "We need this." He was
always trying to renovate or fix something up there because he cared about Minardi Hall a lot, so he
wouldn't let stuff like that happen.
The investigation revealed some late night calls between assistant coaches and McGee or prospects on
visits, thus corroborating Johnson's statement that assistant coaches sometimes called McGee or the
prospects to check in on them. Thus, even real-time monitoring via cell phone did not reveal the illicit
activities in the dorm.
JO This is the same period covered by the underlying violations.
9

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Once [pitino] found that shit out, I got in so much trouble ... So ifhe finds something out, you best
believe it's going to be deep consequences. I was just using it because it was convenient, but he thought
I was using it just to get over because the dorm was broke and because it was close to where my building
for class was; that's how he took it and I was up all week running.
See

Tr. at p. 36-37 (emphasis added).

also told the investigators what he believes Pitino would have done if he had known that the
strippers were corning to the dorm, but not known that they were corning to perform strip shows.
Leftler: Do you think it was a case where Coach Pitino knew these women were coming over but he
just didn't know what they were coming for?
Hell, no. If he would have known that those women were corning over, that man would have
did a background check and it would have been over.
See·

Tr. at p. 38 (emphasis added).

9..
.
made an official visit in'
reported that McGee arranged
strippers for him, gave him cash to tip the strippers, and that he had sex with one of the strippers .
. said he met with Pitino and assistant coach Keatts the next morning before he went horne. The
young man said Pitino and Keatts asked him whether he enjoyed his visit, but he did not teU them about
the adult entertainment he received because, "I just felt like I shouldn't tell them."
In fact,
also told the investigators that he never told anyone, including his friends back horne,
about the adult entertainment he received in the dorm. See
Tr. at p. 45 (emphasis added).

10.
, was a member of the University's basketball team during the
and'
academic
years
reported that McGee arranged strippers for
him during his Unofficial Visit to the University in
, gave him cash to tip the strippers, and
gave him a condom and arranged for one of the strippers to corne to his room to have sex with him
.mid he declined to have sex with the woman.
following the show.
made an Official Visit in
He said McGee arranged another strip show for him in the
dorm, but he said McGee did not give him cash to tip the strippers on that occasion.
Following his visit,
signed the University's Prospect's Declaration Form, which includes the
statement, "I have NOT received cash for entertainment purposes during the official visit."

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-19
Although
said he did not receive cash during his official visit, he did receive cash just a few months
earlier during his unofficial visit
told the investigators he knew it was wrong to accept the cash and,
therefore, he concealed it from the University.
said he knew at the time he was participating in the strip show and accepting cash from McGee to tip
the dancers that he was violating NCAA rules. Although he claimed he did not read the form before
signing it, he also said that he was in fear that if he reported receiving cash from McGee, "1 would've
jeopardized...my chance to play ..• because 1 made a bad decision." See
Tr. at p. 93 (emphasis
added).
is one example of a prospect who received cash from McGee and participated in an illicit strip show
was not the only prospect who received cash
in the dorm, but lied to Pitino about his activities. But
from McGee and lied on the University's Prospect Declaration Form by falsely attesting that he did not
receive cash for entertainment purposes. None of the prospects who received cash from McGee to tip
the strippers completed the Prospect Declaration Form truthfully.
11•.
~
made an Unofficial Visit in
young man and gave him cash to tip the strippers .

. McGee arranged a strip show for the

. said he met with Pitino the following morning and Pitino asked him how he enjoyed
spending time with the student-athletes the previous evening.
The young man said he told Pitino, "I just chilled with them and played video games." He said he
did not tell Pitino about the strip show because, "I just felt...it was something to keep to myself."
See'
Tr. at pp. 29-30 (emphasis added) .
. accompanied him on the visit but spent the night in a hotel. '
he also never told his father about the strip show.

said

12.
made an Unofficial Visit to the University in
for him to have sex with a woman in the dorm and gave him a condom.

He said McGee arranged

said then assistant coach Wyking Jones picked him up the next morning to take him to his
parents, who accompanied him on the visit. The young man said Jones asked him about his night in the
dorm.
said he told Jones he had a good time, but did not tell Jones that McGee had arranged for
Tr. at pp. 44-45.
him to have sex. See
also said he may have told a few friends and his brothers about the incident after he
returned home, but he said, "1 definitely didn't tell my parents." See
Tr. at p. 53 (emphasis
added).
Thus, the young men concealed the illicit activities from their parents. Yet the staff believes
and
the other young men would have told Pitino about the strip shows in the dorm if Pitino had only asked
"pointed questions."

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-20

13. _____
_ made an Unofficial Visit in
reported that McGee arranged a strip
said he left with
show for him and gave him a condom to have sex with one of the strippers.
_ to return home the following morning without meeting with Pitino or any
of the assistant coaches _ said he never told
nor anyone else what happened in the dorm
because "it was kind of embarrassing." See Tr. at p. 25 (emphasis added).
More than one -of the young men told the investigators that their experience with the strippers was
uncomfortable or embarrassing. Some of the student-athletes who lived in the dorm and were aware of
McGee's illicit activities told the investigators that McGee's acth:ities were distasteful to them.
In fact, a young man
told the investigators that on one occasion, McGee offered
to arrange for strippers to come to a hotel and entertain him ,
­
j

The young man said he told McGee not to send the strippers "because I know females that I go to
high school with and we're not trying to mess with any ...older girls that look disgusting, that look
Tr. at p. 55 (emphasis added).
like they carry diseases." See -

made an Official Visit in
He said McGee arranged a strip show for him and
who was also visiting campus. In fact,
stayed in bedrooms in the dorm with a
shared living space. Their bedrooms were across from each other.
jid not recall if McGee gave him cash to tip the strippers, but he thought there was money tossed at
the strippers,
3aid McGee gave him a condom after the show was over and arranged for one of the
strippers to come to his room and have sex with him.
said the next morning he avoided speaking to
tbout what happened the previous night because
it was an awkward topicY See
Tr. at p. 38. The young man also said he never spoke to Pitino, the
said, "[I]t's
assistant coaches or anyone other than his best friend about his night in the dorm.
awkward. I just forgive and forget." See
fr. at p. 33 (emphasis added).
told the investigators that although he really liked the University and its basketball program,
Finally, ,the strip show and McGee's arrangement for him to have sex with one of the strippers turned him off of
~ Tr. at pp.
the University and was the deciding factor in his decision not to attend the University. See
33-34.
Thus, as a result of McGee's illicit activities, Pitino and the University lost a top recruit.

11 Thus, some of the young men who were exposed to McGee's illicit activities were embarrassed by what
they experienced and did not discuss it even with each other. Yet the enforcement staff believes that these
young men would have told Pitino of their embarrassing experiences if Pitino had only "solicited honest
feedback."

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527

4-21

_, enrolled at the U n i v e r s i t y .
. The
young man initially was interviewed by Chuck Srnrt, the University's consultant, and he denied ever
seeing anything in the dorm that resembled a strip show.
Srnrt: So you've never seen anybody do a strip act here in the dorm?
No, sir.
See 1

Tr. (Sept. 9,2015) at p. 14.

was re-interviewed the following month by the enforcement staff and he was represented by
legal counsel at the interview. For over an hour and fifteen minutes, the young man was asked
pointed questions by an experienced NCA.t\ investigator about whether he ever witnessed a strip
show in the dorm, and he repeatedly denied ever seeing a strip show.
Then toward the end of the interview, the young man finally admitted that on one occasion, McGee
brought women and prospects to his room and that he saw the women "dancing and doing what strippers
do." See'
. Tr. (October 26, 2015) at p. 55. Thus, it took two interviews by experienced NCAA
investigators to get - to admit that he saw a strip show in the dorm.
It strains credulity to allege that

or any of the young men would have told Pitino about the strip
shows ifPitino had only asked some "pointed questions" or "solicited honest feedback."

In fact,
told the investigators that before he was interviewed by Smrt, Pitino met with him and
asked him if he knew anything about prostitutes coming to the dorm to have sex with student-athletes,
and he told Pitino that he did not. 12
Following
interview with Smrt but before the young man was interviewed by the NCAA,
Pitino met with the entire team to tell them about the allegations in the book and he asked the team if
anyone had any knowledge of the activities described in the book, including the allegation that McGee
brought strippers to the dorm. Pitino wanted to know the truth, so he asked very directly and pointedly
whether anyone on the team knew anything about the illicit activities described in the book.
did not tell Pitino he saw a strip show in his room.
Thus, even when Pitino asked
point blank if he had any knowledge of the strip shows described
in the book,
did not step forward and tell Pitino the truth. He concealed his knowledge from
Pitino. Yet the enforcement staff wants the COl to hold Pitino guilty of the most serious level NCAA
violation for not asking "pointed questions."
Finally,
told the investigators that the coaches asked him what he did with prospects who
visited campus and spent the night in the dorm.
said he told the coaches that they went to a

Pitino' s recollection is that he asked
said no.
in the dorm and

12

if he knew anything about either strippers or prostitutes

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-22

party or stayed in and played video games, but he never told the coaches that he saw McGee bring
prospects to his room and witnessed women "dancing and doing what strippers do."

was a member of the basketball team during the

~

told the investigators that he
witnessed strip shows in the dorm and saw young men throwing money at the strippers. He also said
McGee paid one of the strippers to have sex with him on one occasion. The young man said he
deliberately never told Pitino about the strippers.
LeIDer: Did you ever. talk to Coach Pitino about any of (the strip shows)?
No way.
LeIDer: Why do you say that?
He would have flipped out, I felt like.
See'

Tr. at p. 27 (emphasis added).

17.
was a member of the basketball team during the
also was interviewed initially by Smrt and he flatly denied knowing anything about strippers or
prostitutes in the dorm and he specifically denied being entertained by strippers during his recruiting visit
to the University.
But when he was interviewed a month later by the NCAA enforcement staff,
admitted that
McGee arranged for him to be entertained by strippers in the dorm during his recruiting visit and that he
had sex with one of the women. The young man told the investigators that the following day, Pitino asked
fr. at
him about his activities the previous night, .but he did not tell Pitino about the strippers. See
p.31.
Moreover,
also told the investigators that in the weeks before his interview with the NCAA,
Pitino asked him and some of his teammates whether they knew anything about the allegations in the
book about strippers in the dorm.
did not tell Pitino about his experience with the strippers and he
explained why he did not.
Strothkamp: Your head coach is asking you about (strippers in the dorm) and you're not telling
him what had happened with you?
I guess I didn't want the consequences or if there's going to be any consequences, I just
didn't want it.
Strothkamp: And you didn't tell Mr. Smrt this information during your first interview. Why didn't you
tell him about this the first time? .

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527

4-23
: Because I didn't know who he was. I didn't trust him and I was trying to protect Andre.
See'

Tr. (October 26,2015) at p. 45 (emphasis added).

explained that he thought McGee was "a cool dude H and he believed that if he had told the
truth, Pitino would be angry at McGee and that McGee would get in trouble with the NCAA and
might even go to jail.

18. :
was a member of the basketball team during the
.
told the investigators that he saw the ending of a strip
show in the dorm during his recruiting visit and that after he enrolled at the University, he knew that
McGee entertained prominent recruits with strippers.
Regarding his recruiting visit, he said he met with Pitino and the assistant coaches the day after he saw
strippers in the dorm and they asked him about his activities the previous night.
told the
investigators he did not tell Pitino that he saw strippers in the dorm.
also told the investigators that he and his teammates who knew about the strip shows deliberately
did not tell the coaches about the illicit activities because they did not want Pitino to find out about the
shows.
said:
"[Wle really didn't trust the coaching staff to tell them anything because we knew that it would
automatically get back to Coach P. So with that situation, why would you tell that you had strippers
in the dorm if you know that it's going to get reported back to Coach P?"
See

Tr. at p. 66 (emphasis added).

was a member of the basketball team from

said on one occasion, he walked into a room on the first floor of the dorm and saw women wearing
lingerie and dancing like women would dance at a house party, but not necessarily at a strip club. He said
McGee was there and I
said he stayed for only a few minutes and then left.
said that other than that one time, he never saw or heard of actual strip shows in the dorm. He said he
never heard his teammates talk about attending parties in the dorm with strippers, but that after reading
the book, it appears a lot more went on than what he knew while he was living there.
also said that Pitino "ran a pretty tight ship" and he "always tried to provide fatherly ad"ice to
us." See
Tr. at p. 28 (emphasis added).
told the investigators that Pitino did a good job of
keeping informed of what was going on with the team, but that Pitino could not know every single thing.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-24

"I didn't see any stripping. But 1 wouldn't consider, you know, [Coach Pitino] to find out about any
of that.•. I feel like Coach Pitino ...had a good grasp on everything, but I don't think he could - he's
not God. He can't...see everything. He can't find out everything...But 1 felt like [Coach Pitino]
tried to ... do what he could and do it best. But like I said, he's not God. He can't see everything and
know everything."
See

Ir. at p. 30 (emphasis added).

20.
was a member of the basketball team during the
_
_
reported to the investigators that McGee arranged a strip
show in the dorm for him on his recruiting visit and gave him cash to tip the strippers.
said after the show, McGee told him to keep what happened between them and "don't let nobody
know."
said he met with Pitino the next day and Pitino asked him if he got along with the guys on the team
:lid not tell Pitino about the strippers. See
Tr. at pp. 24-25 (emphasis
and things like that, but
added).
told investigators he thinks, "[Coach Pitino] had no idea any of this was going on." See
Tr. at p. 39 (emphasis added).
D. The Resident Assistants and Security Guards Who Were Trained and Paid to Monitor
Minardi Hall Did Not Know About the Illicit Activities
As explained above, the University's Housing Department and EdR operated and managed Minardi Hall.
Those entities designed and implemented the monitoring system for the dorm and they hired a full-time
resident assistant (RA) and an outside independent security company to monitor the dorm. The Housing
Department makes the day-to-day decisions about the operation of the dorm and the people in that
department do not consult with the athletics department or Pitino about the operation of the dorm.
The RA does inform the basketball staff when one of the student-athletes violates the Housing rules.
As detailed below, neither the RAs who lived in the dorm and were paid to monitor the dorm, nor the
security guards, ever saw or heard about any of the strip shows.

1.
was the RA in Minardi Hall from
the same corridor on the first floor as McGee.

He lived on

sat at the front desk for two evening shifts during the week and he said he also worked a lot of
weekends. When he worked the front desk, he was responsible for signing guests in and out.
said every time he worked the front desk, he would do a walk-through of the dorm at 10 p.m. and check
all of the common areas to make sure nothing was going on that should not be and that everyone was safe.
He said it was his job to make sure everyone followed the rules.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-25
reported that he had a good relationship with all of the residents and that he interacted with
them in and outside of the dorm. He told the investigators he never had any issues with McGee.
, said he never saw nor heard of any adult entertainment or sex being arranged by McGee for
any of the student-athletes or prospects visiting campus.
"It's very, very shocking given the fact that I lived there, I did everything there, right? I watched
movies there, I played video games there, I never heard or seen any of [the illicit activities] when I
Tr. at p. 42 (emphasis added).
lived at Billy Minardi Hall." See
said if he had been made aware of the illicit activities, he would have reported it to the director
of housing and the dean of students.
"But what I'm saying is I do checks every day at 10 p.m., right? I spent a lot of time - I spent a lot
of time with these guys in the dorm, right? I knew every little detail about what's going on with
their families, how they're doing, how they're feeling about [Coach Pitino], what's going on - I was
there. I was a part of that dorm. I would hear about it at dinner. I just - I would think I would have
heard something if I - since I lived there." See
Tr. at p. 47 (emphasis added).

2.
became an RA in
, but he lived in a different dorm on campus until
when he moved into Minardi Hall. However, even when he lived in a different dorm,
worked two evening shifts per week from 6 p.m. to 10 p.m. at the front desk in Minardi.
continued to live and work in Minardi through the period of the illicit activities and·
when he was interviewed by the NCAA investigators in February 2016.
With respect to McGee, .
said he had to ask McGee to lower the volume on his music a couple
times.
. said McGee complied and he never had any other issues with McGee as a resident of the
dorm.
said he occasionally had to file Incident Reports when a resident violated the rules.
said he does not recall ever filing an Incident Report on a men's basketball student-athlete when the
men's basketball staff did not follow up and ask about what had occurred that gave rise to the Incident
ReportY
said that on weekend nights it was common to see scantily clothed women walk through the
dorm.
supervisor, .
told the investigators that women walking into the dorm
is not a violation of the housing rules and neither is women taking their clothes off in a resident's room.
"If [an RA] sees women scandalously dressed, that's a Friday night at U of L and most other
schools for that matter. See
Tr. at p. 26 (emphasis added).
But
_
added, if
had seen women getting paid to strip, he "absolutely would
have said something to me." Id. (emphasis added).

13

This is further evidence that Pitino did, in fact, monitor Minardi Hall.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-26

said McGee sometimes brought women in to the dorm, but he did not observe anything that
seemed out of the ordinary to him with the women that McGee brought to the dorm and he never had to
deal with any issues with the women McGee brought to the dorm .
. said he never heard about or saw any of the illicit activities described in the book.
told the investigators that shonly after the story became public knowledge, Pitino was pretty upset and
asked him if he had ever seen any of the illicit activities.
said he and Pitino expressed "how big of a surprise it was to both of us that this happened
in... my building that 1 I
J take care of and take responsibility for it and that..•1
j just had no knowledge of it." See 1
. Tr. at p. 39 (emphasis added).
The investigators asked '
if perhaps
book, but that he never wrote up an Incident Report.

was aware of the activities described in the

Strothkamp: Did
ever talk to you about similar issues (as described in the book) that maybe did not
reach the scale of having to write up an Incident Report?
is extremely ethical and very black and white, and if anything was
: No,
is warranted or deserving to be in an Incident Report format, he would have absolutely written one, and he
knows that that's the expectation. He was trained very well and he goes to training every single year. And
we always talk about Incident Report writing and conflict mediation and things of that nature. So he
would have written an Incident Report.
Tr. at p. 25.

worked as a security guard in Minardi Hall from January 2013 to August 2015.
sat at the front desk from 10 p.m. to 6 a.m. Tuesday, Wednesday and Thursday. He said he
signed guests in and out of the dorm and monitored the security cameras throughout the dorm.
told the investigators that he never saw McGee bring women in to the dorm and he has no
knowledge of any of the illicit activities described in the book.

has been a security guard since 2008 and he has been posted in Minardi Hall since March
2013.
said he worked the front desk in the dorm from 10 p.m. to 6 a.m. Monday through Thursday
and from 12 a.m. to 8 a.m. on the weekends.
said he signed guests in and out of the dorm and monitored the security cameras. He told the
investigators that
"pretty much" runs the dorm and that
"has his act together and
rr. at p. 12.
does not suffer fools gladly." See·
told the investigators that he does not recall seeing McGee ever bring women in to the dorm,
although he did sometimes see women dressed provocatively come to the dorm and he believed they were
girlfriends of the dorm residents.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527

4-27

said he never saw or heard of any adult entertainment activities in the dorm and that he does not
believe the allegations of illicit activities as described in the book.

E. Several of the Student· Athletes and Managers Who Lived in Minardi Hall Did Not
Know About the Illicit Activities
Not only did the people who were trained and paid to monitor the dorm not know about McGee's illicit
activities, but several of the student-athletes and team managers who lived in the dorm also did not know
about the illicit activities.

1.
was a member of the basketball team from
,and

room in the dorm '

McGee's room.

laid he never saw or heard of any strip shows in the dorm.
Leffler: When you heard [that a woman was claiming that she was paid to go to the dorm and strip for
student-athletes and recruits], what did you think about that?
, I thought it was a joke. I thought it was ... somebody trying to make a quick buck at the expense of
the program. I didn't think it was anything. I didn't think it was a big deal. I kind of laughed at it.
Leffler: Why was that your reaction, I guess?
: Because if something like that would have been going on, I would have heard about it and I
just know that something like that wouldn't happen under Coach P.
Leffler: 'Vhy would you say that? That it wouldn't happen under Coach Pitino?
Because Coach is, you know, he's by the book. I mean, he doesn't cheat. He doesn't break
the rules, especially when it comes to recruiting. And he talks to us a lot at the beginning of the
season...about being careful, about not breaking rules, and respecting women, especially.
See  

rr. at p. 10 (emphasis added).

said, "It's very shocking" and "kind of blows my mind...that this whole thing happened." He
said, "I still don't believe it." See
Tr. at p. 15 (emphasis added) .

. was a member of the team during the .
years.
told the investigators he never saw any strip shows in the
he lived in the dorm all
dorm or heard his teammates or recruits talk about strip shows in the dorm.
. said he was close
with all of his teammates and he never heard them talk about the illicit activity described in the book, but
he also said it would be very easy to keep that activity secret by doing it behind closed doors.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527

4-28

was a member of the basketball team from
and lived in the dorm'
years.
told the investigators he was not aware of any strip shows taking place in the dorm and that he
never heard any rumors or locker room talk about that happening.

4. 1 .
was a member of the basketball team during the
told the investigators that he had a lot of interaction with
McGee when he was enrolled at the University, but he said he never knew or heard anything about strip
shows in the dorm.
Leffler: During your time at the University of Kentucky (sic), were you aware of any type of parties with
women occurring in Minardi?
Honestly, that threw me for a surprise, because I did live in Billy Minardi Hall and when
everything came out, it was really hard for me to believe because ...I'm not the type who goes out and
parties. I've never tasted alcohol in my life. But still, I never heard anything and I never seen
anything.
And I just thought that, you know, anyone that's played at that level knows that we're together 2417. I
mean, we're in class together. We go to study hall together. We got individual workouts together. You got
weightlifting. You got practice. You got film session. Then you got dinner. And, you know, by the time
you get done with all that, you know, you're in the dorm and it's time to go to bed.
And I just thought that if something was going on and some of these guys were involved, I thought
that maybe they would be bragging and I would have heard something.
And that's why I just thought, man, for me to never hear anything was - ifit was going on, it would
surprise me.
See

Tr. at p. 9 (emphasis added).
added:

"[S]omething could have happened and I just didn't know about it. I just thought that if something
was going on, I would have at least heard something. I mean, we all know how guys are. If, you know, if
all this is going on and they're one of the guys that feel like they're lucky to be in there and be involved, I
felt like they'd be bragging about it or something. And, you know, as much as we're together, and Ijust
thought it was odd that I never heard anything about it." See
Tr. at p. 18 (emphasis added).

5.
was a member of the basketball team from
years.

and lived in the dorm

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-29

said he never saw or heard about any adult entertainment or strip shows in the dorm. The
young man told the investigators that "it was pretty shocking" to learn of the allegations in the
book.

6.
with the basketball team from
and he lived in the
dorm'
years.
said he never saw or heard about any of the illicit activities described in the
book until after the book was published. He also told the investigators that he wishes he had known about
the illicit activities when they were occurring because he would have told the coaches.

Strothkamp: I guess the one question, are you surprised by the allegations in the book?
Yeah.
Strothkamp: And why is that?
: Because I didn't see any of it. That's what bothers me the most. If I would have been able to
see one thing, I would have been able to say something to somebody, and it would not have been like this.
It wouldn't have blown up like this.
Strothkamp: So if you would have seen something like this occurring, what would you have done?
Who would you have told?
, I wanted to get into coaching. I want to get into coaching still. So if I had known something
like this was happening and I could have taken it to the coaching staff, that would've been great for
me. I feel like that would show how loyal I was to the program. I don't know. I wish that me or
somebody else would have saw something, if that was really happening.
See

Tr. at p. 33 (emphasis added).

7. ,
_
_ from
and lived in the dorm
years.
told the investigators he never witnessed any of the events described in the book and never heard
rumors of those types of activities.

Strothkamp: Are you surprised by the allegations - what those allegations involve? Are you
surprised by it?
': Yes.
Strothkamp: And why is that?
: Because I lived in the dorm for, you know,
that Andre was here and I never
heard, nor ever saw anything that was mentioned in the book. And like I said, the first time I did
was when, you know, Mr. Smrt inteniewed me and I was kind of taken aback by that.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
4-30

See

Tr. at p. 24-25 (emphasis added).

8. Wayne Turner
Wayne Turner played for Pitino at the University of Kentucky and was hired by Pitino as a program
assistant at Louisville in August 2013. Turner lived in the dorm during McGee's last year at the
University (2013-14).
Turner told the investigators he never saw any strip shows in the dorm and never heard rumors of that
type of activity.

9. Anthonv Wright
Anthony Wright is a former DI football student-athlete and he has been on the University's men's
basketball staff since 2008 and has been the staff s director of academic services since 2011. Wright
never lived in the dorm, but he was McGee's academic counselor when McGee was a student-athlete and
then he worked with McGee as a colleague after McGee was hired as a GA and later promoted to the
DOBO position. Wright also socialized with McGee outside of the work setting.
Wright told the investigators that McGee was a very good academic student-athlete and that McGee was
an integral part of the team's overall academic success after McGee became a member of Pitino's staff
and had responsibilities for doing class checks and other things to monitor academics. Wright said he
worked with McGee every day.
'Wright said he never heard McGee or any of the student-athletes ever say anything about strippers in the
dorm. Wright told the investigators, "I don't see [Andre] doing that, knowing Andre..• I don't see him
doing that for prospective or current student-athletes." See Audio of Wright's Interview.

F. The Monitoring System Implemented By the Housing Department Mav Not Have
Worked As Intended
1. Security Cameras Did Not Work
The security guards who worked the front desk at Minardi Hall were required to complete a Daily
Activity Report which, among other things, detailed the times that residents and/or their guests entered or
exited the building and any other noteworthy activity.
EdR provided nearly one-thousand (1000) pages of Daily Activity Reports to the NCAA investigators. 14
A cursory review of those Reports shows that the security guard frequently noted that some of the
security cameras were not working. It appears that malfunctioning security cameras was a frequent
problem in 2013 and 2014. Thus, one of the front-line mechanisms for monitoring Minardi Hall was not
fully functioning during the period of McGee's illicit activities.

1" However, EdR did not provide any Daily Activity Reports prior to 2013, which is when many of
McGee's illicit activities occurred.

 INITIAL RESPONSE OF RICK PITL""l"O

Case No. 00527
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As noted above, EdR did not provide Daily Activity Reports to the NCAA investigators for the period
before 2013, so EdR has not provided records that would show whether the security cameras were fully
functioning when McGee was hosting strippers in the dorm in 2010,2011 and 2012.

2. McGee Was Able to Disarm the Alarm on the Emergency Exit Door to Sneak the
Strippers into the Dorm
The NCAA investigators also were told that McGee may have been able to have the strippers enter the
dorm without being detected through an emergency exit door that was on the side of building and away
from the front entrance where the security guard was stationed. IS
Powell told the investigators that she and the strippers entered the dorm through a side door on some of
their visits to the dorm. That door was supposed to be used only for emergencies and an alarm was
supposed to sound whenever the door was opened. However, McGee had a key that allowed him to
disarm the alarm.
~:, the Housing supervisor in charge of the dorm, told the NCAA investigators that his
.
predecessor made the decision to give the men's basketball GA a key to disarm the emergency exit door.
said he did not learn until October 2015 when allegations surfaced about strippers in the
dorm that McGee had a key that disarmed the alarm on the emergency exit door.

_
said, "In my opinion, they wouldn't need access to that whatsoever," and "When I found out
that basketball had ... the ability to [disarm the alarm], I immediately said we need to fix that and we need
to get the core changed to where only maintenance and/or my staff would have the access to be able to do
that." See·
Tr. at p. 6-13.

3.A Security Guard Slept While on Duty
One resident of the dorm told the investigators that McGee always brought the strippers in to the dorm
late at night after the RA was off-duty and the security guard "would usually literally be asleep at the
door." See
Tr. at pp. 61-63 (emphasis added).
also said he never was required to sign guests
in after the RA was off-duty and the security guard was on duty.

4. Another Security Guard Drank Alcohol and Made Unwanted Sexual Advances Toward
a Female Guest
Moreover, an Incident Report filed in 2012 strongly suggests that a security guard who worked at Minardi
may have been willing to overlook strippers being brought in to the dorm.
on October 28, 2012, describes an unwanted sexual
An EdR Incident Report filed by RA
advance in the middle of the night by the security guard on duty on a female guest of one of the student
managers who lived in the dorm.
According to the Report, after the student manager returned to the dorm with two female guests late at
night, the guard repeatedly came to the student manager's room, drank alcohol and then made unwanted
15 In fact, some apparently colloquially referred to the emergency exit door as the "dancers' or strippers'
door."

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Case No. 00527
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sexual advances on one of the females in the common area while the student manager and the other
female were asleep in the bedroom. \¥hen the young woman resisted, the guard tried to force the two
for help.
females to leave the dorm and the student manager called
The NCAA enforcement staff never interviewed anyone about the security guard's alleged misconduct to
see what light it might shed on the efficacy of the monitoring system in the dorm during the period of
McGee's illicit activities. There was not a single interview to see whether the security guard who drank
on the job and tried to have sex with a young woman might have overlooked McGee's illicit activities.
It does not require a huge stretch of the imagination to think that a security guard who was willing to
drink alcohol with dorm residents and make unwanted sexual advances might also be willing to look the
other way if he saw strippers in the dorm.16
No one ever told Pitino that the security cameras in Minardi Hall frequently did not work, that McGee
was disarming the emergency exit alarm to sneak people into the dorm, that a security guard slept on the
job or that one of the guards made an unwanted sexual advance on a female guest. 17
The security monitoring of the dorm was designed and managed by EdR and the Housing staff. Those
entities are experts in monitoring campus housing. They are not required to keep the basketball coach in
the loop on the day-to-day monitoring of the dorm. But if Pitino had known about the security lapses
described above, he would have brought it to the attention of the University administration.
Minardi Hall was and is Pitino's pride and joy. The building is a memorial to Pitino's best friend and
brother-in-law who died in 9/11. Pitino's heart has been broken that his best friend's legacy has been
sullied by the illicit actions of a young man who Pitino trusted and had every reason to trust.

G. A Failure to Monitor Finding Against Pitino Would Be An Arbitrary and Capricious
Application of Bylaw 11.1.1.
In all of the cases investigated by the enforcement staff and adjudicated by the COl since the head coach
control legislation was implemented in 2004, there has never ,been a case in which a failure to monitor
finding was made against a head coach where the facts were even remotely similar to the facts in this
case. In other words, there has never been a failure to monitor case against a head coach in which there
was not some fact, sign or red flag putting the head coach on notice that a situation under his watch was
ripe for NCAA violations. 18
The failure to monitor cases can be summarized in two categories: (1) Those cases in which the head
coach was actually involved in or knew of the underlying violations, but failed to take steps to prevent or
address the violations; and (2) Those cases in which the coach did not have actual knowledge of the
underlying violations, but he either willfully ignored his staffs conduct or he knew of or should have
16 In fact, the enforcement staff's investigation file does not even contain a complete copy of the Incident
Report. Thus, it is not clear how the complaint against the guard was resolved.
17 The enforcement staff did not investigate these lapses in the monitoring system for Minardi Hall. The
staffs focus and agenda was to build a narrative to hold Pitino, and only Pitino, responsible for McGee's
illicit activities.
18 According to LSDBi, there have been 27 head coach control cases since the legislation was
implemented in 2004. Not one of those cases even remotely supports the staffs allegation against Pitino.

 INITIAL RESPONSE OF RICK PITINO
Case No. 00527
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known of some red flag that should have caused him to take action to prevent or address the underlying
violations.
Because Pitino had absolutely no involvement in or knowledge of McGee's illicit activities, the COl can
find that Pitino failed to monitor McGee only if: 0) Pitino was willfully ignorant; or (2) Pitino knew of or
should have known of some clear red flag of McGee's illicit activities that required follow-up, but Pitino
did not follow-up.
As explained above, the staff has willfully refused to tell Pitino and his counsel: (1) what spot-checks the
staff believes Pitino should have been conducting; (2) what red flags he missed; (3) what pointed
questions he should have asked and of whom; and (4) how he should have solicited honest feedback.
Pitino did everything he reasonably could have done and more to monitor McGee and the dorm, yet
McGee was able to keep his illicit activities concealed not only from Phino, but also from the RA who
lived in the dorm and was trained and paid to monitor the dorm, the security guards, and many of the
residents who lived in the dorm.
There is no factual basis whatsoever to find that Pitino failed to monitor.

VIII. CONCLUSION
Coach Pitino cooperated fully with the enforcement staff's investigation. The staff has alleged that Pitino
committed a Level I violation by failing to monitor McGee, but the staff has willfully refused to give
Pitino and his counsel the details of what the staff claims Pitino failed to do. Pitino and his counsel truly
are at a loss to understand exactly what the staff believes Pitino should have done differently.
Dozens of witnesses told the NCAA investigators that not only did Pitino not know about McGee's illicit
activities, but also that he could not have known about them. The illicit activities were deliberately kept
secret and out of view. The people who were trained and paid to watch the dorm while Pitino was
sleeping did not know about the strip shows.
Full-time residents of the dorm - including one who lived across the hall from McGee - did not know
about the strip shows. Friends of McGee did not know about his illicit activities.
Security guards, with security cameras and professional security guard training to detect security issues,
had no idea that McGee was bringing strippers in to the dorm.
A full-time RA did not know about the strip shows. The RA's boss described him "as extremely ethical
and very black and white, and if anything was warranted or deserving to be in an Incident Report format,
he would have absolutely written one, and he knows that that's the expectation. He was trained very well
and he goes to training every single year."
Yet according to the enforcement staff, Pitino should have known.
The prospects and student-athletes who were involved in the illicit activities told the NCAA investigators
that they deliberately kept McGee's illicit activities from Pitino, and also from their own parents and
friends.

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Case No. 00527

4-34
Some were embarrassed by McGee's illicit activities. The young men did not want others to know about
their experience with the strippers.
Others told the investigators that they did not tell Pitino because they knew their involvement was wrong
and they did not want to jeopardize their NCAA eligibility.
One young man told the investigators he kept McGee's illicit activities from Pitino because he did not
want McGee to get in trouble with the NCAA and possibly go to jail.
Some of the young men lied to experienced NCAA investigators when asked if they knew about strip
shows in the dorm. The NCAA investigators even had to request and obtain limited immunity to persuade
the young men to tell the truth.
But the enforcement staff, without even a scintilla of evidence, asks the COl to find that Coach Pitino
committed a Level I violation by failing to discover McGee's illicit activities, the same illicit activities
which the enforcement staff itself had to work at to uncover the details. The enforcement staff is asking
the COl to suspend Coach Pitino for up to a full season for not uncovering secretly concealed violations
that the enforcement staff itself struggled to uncover.
Coach Pitino takes this case very seriously. He and his counsel will meet with the COl at the hearing for a
full and vigorous discussion of the issues.