NCAA DIVISION I COMMITTEE ON INFRACTIONS EXPEDITED HEARING INSTRUCTIONS Case No. M364 - University of Tennessee, Knoxville OPENING INSTRUCTIONS: Good morning. My name is Britton Banowsky. I am commissioner of Conference USA and chair of the NCAA Division I Committee on Infractions. This is an expedited infractions hearing as prescribed under NCAA Bylaw 32.7.1.4.3 for Case No. M364 - University of Tennessee, Knoxville. This hearing is limited to a discussion of three proposed penalties that were communicated to the institution by the committee in a letter dated July 17, 2012. The committee has proposed that the three penalties be imposed in addition to the penalties set forth in the summary disposition report. With me today hearing this case are, to my right: o John Black, a senior partner with the law firm of Polsinelli & Shughart of Kansas City Missouri. Mr. Black is a public member of the committee. o Mr. Jerry Parkinson, a professor of law at the University of Wyoming College of Law. o Eleanor Myers, a law professor and the faculty athletics representative at Temple University. To my far left . . . . o Chris Griffin, a partner with the law firm of Foley & Lardner, LLP. Mr. Griffin is a public member of the committee. o Mr. Brian Halloran of Malibu, California; the manager and general counsel of Painted Hills Wind Developers, a company involved in the renewable power business. o Ms. Josephine Potuto, a professor of law and the faculty athletics representative at the University of Nebraska College of Law, and a former chair of this committee. 1 EXPEDITED HEARING INSTRUCTIONS University of Tennessee, Knoxville October 13, 2012 Page No. 2 _________ Seated at the table to my right is Mr. Joel McGormley, the managing director of the Committees on Infractions with Mr. Shep Cooper the director. Seated at the table to my left are associate directors Mr. Jim Elworth and Ms. Terri Jackson. Ms. Cheryl DeWees and Ms. Karen Martin, the committee's coordinators, are seated together at the table in the back of the room. Ms. DeWees and Ms. Martin are available to assist with any needs during the hearing. Also here today is Mr. John Bowen of Bowen and Associates, a certified court reporter from Kansas City, to take the record in this case. Before I turn to other instructions, let me describe how the microphones work. On each microphone is a black button. You activate your microphone by pushing that button. You know your microphone is activated when the red collar at the top is illuminated. When you push the button and activate your microphone, you also cut off all other microphones except mine. So please don't activate your microphone while someone else is speaking, but be sure to activate it when you wish to speak. You don't need to press the button to turn off your microphone, as that automatically occurs when the next speaker pushes his/her button. If you push the microphone button after you have finished speaking, you may cut off the next speaker. If the person sitting next to you forgets to activate his or her microphone, please assist by pushing the button. Finally, if you have a cell phone, blackberry or other wireless device, please turn it completely off as this can interfere with our sound system and disrupt the hearing. 2 EXPEDITED HEARING INSTRUCTIONS University of Tennessee, Knoxville October 13, 2012 Page No. 3 _________ Chancellor Cheek, would you please introduce yourself and the other representatives from the college? Mr. Hosty, would you please introduce the NCAA representatives here today and those participating via video teleconferencing. Thank you. In these hearings we proceed rather informally. If you wish to take off your jacket please feel free to do so. You are welcome to stand up and move about and to avail yourself of the refreshments in the back of the room. If at any time you need to step out of the room, feel free to do so. COMMITTEE ON INFRACTIONS RECORD You were previously advised that the committee does not receive all of the information and material which the enforcement staff has received or which the enforcement staff may have developed. In particular, the committee does not see all the information that the enforcement staff has placed in the custodial file. What the committee has seen is a list of items that I am going to read now. This list also has been provided to you. This list contains the written record 3 EXPEDITED HEARING INSTRUCTIONS University of Tennessee, Knoxville October 13, 2012 Page No. 4 _________ of the case as it exists right now, at the start of this hearing. What the committee knows about this case is what is contained in this record. The record currently includes the following items: April 23, 2012 Summary Disposition report. July 17, 2012 Letter from committee accepting findings but proposing additional penalties. July 27, 2012 Letter from Chancellor Cheek contesting the additional penalties. August 15, 2012 Letter from committee offering to defer the complimentary ticket penalty to next year and offering the choice of accepting the modified penalty and all other proposed penalties, or appearing at an expedited hearing. August 22, 2012 Letter from Chancellor Cheek requesting an in-person expedited hearing. August 22, 2012 Expedited hearing appearance letter. If there are any materials which are not a part of the record and that you want the committee to consider, you must ask permission from the committee to have that information introduced as evidence during this hearing. The committee has the discretion to determine what additional information will be made part of the record. Let me emphasize that the record in this case consists of the items I just read to you, in addition to any other items accepted into the record during this hearing, as well, of course, as the information presented and discussed here today that will be transcribed by Mr. Bowen. Should this case be appealed, this record and the committee's infractions report will constitute the full and complete record on appeal. 4 EXPEDITED HEARING INSTRUCTIONS University of Tennessee, Knoxville October 13, 2012 Page No. 5 _________ Finally, there may be copies of memoranda, transcripts, or other documents that are provided to the university by the enforcement staff during this hearing. These documents must be returned to the enforcement staff at the conclusion of today's hearing. As I stated previously, this hearing is limited to discussion of additional penalties that the committee proposed in this case. Because this hearing is limited to the issue of penalties, there will be no statement from the enforcement staff. Are there any questions from anyone before we proceed to the institution's opening statement and presentation? OPENING REMARKS We will turn to Chancellor Cheek for the institution's opening statement and presentation on the question of whether the committee proposed additional penalties are appropriate in this case. Thank you. We will now turn to the committee for any questions it might have. (Once there are no more questions, proceed to the closing.) 5 EXPEDITED HEARING INSTRUCTIONS University of Tennessee, Knoxville October 13, 2012 Page No. 6 _________ CLOSING REMARKS Are there any further questions or comments today? Seeing none, I would like to turn to the institution for its closing remarks. Chancellor Cheek, do you have any closing comments? Thank you. At this time, I would like to thank Chancellor Cheek for the institution's presence today. I know that the members of the committee join me in thanking you for a very clear and helpful presentation. The committee will, after adjournment of the hearing, spend whatever time is necessary in deliberations in order fully to consider all the information in the record and then to resolve the issues and determine if the additional penalties will be imposed. A member of the committee will be assigned to write a working draft of the infractions report. The report will be divided into three parts: (1) an introduction in which the committee will provide an overview and context for its findings; (2) a section that discusses the particulars of each violation; and (3) a section that outlines and explains any penalties that are imposed. Once the working draft is completed, the report will be reviewed by the entire committee before being put into final form. The Office of the Committee on Infractions will provide a copy of the 6 EXPEDITED HEARING INSTRUCTIONS University of Tennessee, Knoxville October 13, 2012 Page No. 7 _________ infractions report for review by the office of legal affairs 72 hours prior to the release time. The enforcement staff and the public affairs liaison will receive a copy of the report 48 hours in advance of the release time. The sole purpose of this pre-release is to allow the enforcement staff to note any factual errors in the report (e.g., inaccurate dates, bylaw citations, names, and similar formal information). Substantive decisions made by the committee relative to findings and penalties, as reflected in the infractions report, are not subject to comment or change by the enforcement staff. Any factual errors found by the enforcement staff will be communicated to the Office of the Committees on Infractions via electronic mail not less than 24 hours prior to the scheduled release. This notification will occur 24 hours ahead of the public release of the report. The institution will be a copy of the report via electronic mail at 10 a.m. the day of the release. It is your responsibility to provide a valid electronic mail address to the Office of the Committees on Infractions. When you receive the electronic mail containing the infractions report you will need to acknowledge receipt of the document. The public release of the report will be followed by a press conference with a member or members of this committee, which will usually include the chair. There will be no other statements by members of the committee about this case. Unless there are other matters to come before us today, we will conclude this hearing at this time in Case No. M364 - University of Tennessee, Knoxville. We stand adjourned. Thank you. 7