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Office of the Chancellor / Public Affairs
Wednesday, May 28, 2003
 

Fresno Bee 5-28-03
NCAA 'Dogs inquiry detailed
Letter affirms link to the academic advising unit; harsh penalty possible

By Eric Prisbell

 

Documents issued by Fresno State and the NCAA's enforcement staff suggest the university could face harsh penalties when the three-year joint investigation into its program concludes this summer because of the link to the university's athletic department academic advising unit.
The documents, obtained by The Bee, offer the first glimpse into violations Fresno State and the NCAA found through a joint investigation into allegations of academic fraud.

The allegations first were revealed in a Feb. 9, 2003, Bee report that prompted NCAA investigators to arrive on campus to start a formal investigation. Former team statistician Stephen Mintz told the newspaper that he had written 17 pieces of course work for three former players for more than $1,000 in 2000.

The documents indicate Mintz has been linked to the athletic department and that the university has disassociated him from all athletic programs.

The documents also confirm most of the allegations reported in the Feb. 9 story, implicate former men's basketball academic adviser Katie Felten and clarify a timeline of how the academic fraud took place.

The NCAA enforcement staff's supplemental letter of official inquiry alleges that Felten and Mintz violated ethical conduct rules when Felten arranged for Mintz to prepare the course work for Courtney Alexander, Terrance Roberson and Dennis Nathan.

Additionally, a May 22, 2003, letter addressed to Mintz and signed by university President John Welty implicates Felten. The letter states that Felten had knowledge of and was involved in the fraud.

Asked Tuesday evening for a comment, Felten, who previously has denied involvement, said, "No, thank you."

Fresno State Athletic Director Scott Johnson confirmed that Mintz has been disassociated from all athletic programs but declined to elaborate.

Welty could not be reached at his home phone number. Two Fresno State school officials -- Assistant Vice President of University Relations Mark Aydelotte and Associate Athletic Director Steve Weakland -- did not return cell phone messages left Tuesday afternoon and evening.

Jerry Tarkanian, Fresno State's coach when the violations occurred, said Tuesday that he has not seen any evidence and will "continue to support Katie from what I know."

Welty already has self-imposed a postseason ban for the academic fraud violations, and imposed a two-year probation and cut three scholarships from the men's basketball program for other violations.

The infractions committee, judge and jury in NCAA investigations, either will rubber-stamp those penalties or impose further sanctions. The committee hears Fresno State's case June 14 in Kansas City, Mo., and will issue a ruling at least six weeks after that.

Welty's letter to Mintz also states that Mintz is considered a representative of the university's athletic interests because of his past employment with the athletic department and relationships with men's basketball players.

Violations committed by representatives of the university's athletic interests historically yield stiff penalties, said former infractions committee Chairman David Swank.

Tarkanian, when told that Mintz was classified as a representative, said, "I don't think that can be true. å I didn't know who he was."

Fresno State, according to Welty's letter, also has disassociated Mintz from all athletic programs, and requests that Mintz avoid contact with enrolled student-athletes "so as not to jeopardize their eligibility."

Mintz, who said he received the letter Tuesday via Federal Express, said he will write a formal response to Welty and apologize for what occurred.

"Yes, I expected [to be disassociated]," Mintz said. "I'm surprised it has not happened with everyone involved in these violations."

Welty states in the letter that "several other individuals" were involved in the violations, but does not name them.

The enforcement staff's supplemental letter of inquiry lays out the allegations more specifically. Among the violations that involve unethical conduct and extra benefits:

Alexander paid Mintz approximately $900 for 10 papers, all for two correspondence courses taken through the University of Southern Colorado in early 2000. Felten paid Mintz approximately $260 for seven papers completed for Roberson and Nathan. All six of the papers done for Roberson were for a correspondence course taken through Southern Colorado in early 2000. Nathan, then a recruit, took a correspondence course through Brigham Young University in August 2000 when his lone paper was completed.

Alexander and Roberson competed while ineligible during the 2000 spring semester, and Nathan competed while ineligible during the 2000-01 academic year.

During the spring 2000 semester, Felten provided a benefit to Nathan when she called Southern Colorado on his behalf to inquire about correspondence courses. Instructor Donald Spano received a telephone call from a woman who identified herself as a manager for the Fresno State basketball team. According to Spano, the woman asked questions about the courses, including "how quickly the junior college student could complete the requirements." Nathan enrolled in Spano's geology courses soon after the call.

The enforcement staff includes the following allegations in its citation for lack of institutional control:

Fresno State awarded Nathan athletically related financial aid during the 2000 fall semester even though he was not enrolled in a full-time program of studies.

Mintz told then-assistant coach Danny Tarkanian in spring 2002 that he had written papers for men's basketball players, but Tarkanian failed to report the possible violations to university administrators.

Danny Tarkanian told the NCAA that he did not report the possible violation because Mintz ended the meeting by saying he was going to inform the institution; because Tarkanian did not believe the information; and because Tarkanian believed the NCAA already was investigating possible academic fraud.

The supplemental letter of inquiry was added to the official letter of inquiry issued in July 2002 concerning other violations. The letters of inquiry outline alleged violations and request a formal response from the university.

In the supplemental letter of inquiry, the enforcement staff requests statements from Fresno State regarding nearly two dozen items in question. Among them, the enforcement staff requested statements:

Indicating to whom Felten reported throughout her employment and how her work was monitored.

Describing her role in assisting student-athletes with registering in correspondence courses.

Indicating the "reasons Felten arranged the academic assistance for prospective and enrolled student-athletes in light of NCAA legislation prohibiting such assistance."

The enforcement staff also requests that Fresno State identify the percentage of Felten's salary paid through the men's basketball program vs. the athletic department budget.

Jerry Tarkanian, meanwhile, said he has not seen the supplemental letter of inquiry and that he was interviewed "about a month ago" as part of the investigation. Mintz, according to NCAA documents, was interviewed Feb. 12, 2003, and April 17, 2003, by NCAA Assistant Director of Enforcement Dan Matheson.

Fresno State self-imposed penalties on March 3, when Welty announced that "most" of the allegations revealed in The Bee's story were true but declined to elaborate. Fresno State has refused to make public the NCAA-issued supplemental letter of inquiry, which outlines the violations.

The university already had self-imposed the probation and scholarship reductions because of other violations that included players eating free food, a player accepting money from a representative of a sports agency, certification violations and a lack of institutional control.

Felten, on a Feb. 10 radio talk show, denied she was involved in academic fraud. Asked by host Ray Appleton whether she would take a polygraph test to confirm her story, Felten said she would not because she didn't know how her "hyper personality" would affect results.

The enforcement staff confirms Mintz's account that Felten notified him when some student-athletes needed papers written, shared copies of some course syllabi and paid him for completed work.

Because Mintz is disassociated from all athletic programs, Fresno State, Welty's letter states, will not accept financial contributions from him for its athletic programs or accept any assistance from him that would aid recruitment or support of student-athletes.

If the infractions committee affirms the university's contention that Mintz was acting as a representative of the university's interests, it could yield harsher penalties because he would be viewed as an insider who was trying to give players a competitive advantage.

A former NCAA investigator, who declined to be named, recently told The Bee that determining whether someone is a representative of the university's athletic interests is not an exact science because bylaws leave room for subjectivity.

But others, such as the former infractions committee chairman Swank, said the rationale primarily is objective and spelled out in the NCAA manual.

The bylaws state a representative was involved in promoting the university's athletic program; assisted in providing benefits to enrolled student-athletes or their families; assisted in the recruitment of prospects; or has made financial contributions to the athletic department or a booster organization.

The rationale is important because another key figure in Fresno State's case is former street agent Nate Cebrun, who could be classified as a representative because of his involvement with the 1999-00 team and relationship with Jerry Tarkanian.

During Fresno State's initial hearing in mid-December, a source said, the NCAA enforcement staff contended Cebrun was a representative, and Fresno State took exception to that claim.

Cebrun, a longtime friend of Tarkanian dating to the coach's UNLV days, has gained influence with players by providing favors for college coaches and registered agents.

Although the two since have had a falling out, the relationship was intact during the 1999-00 season, when Cebrun funneled several hundred dollars from a Las Vegas sports agency to a player and allegedly funneled money to Felten at the time for term papers to be completed for two players.

There are other points that could support Cebrun's classification as a representative: Cebrun said he lied during an NCAA interview regarding a former Fresno State player because Cebrun felt a "loyalty" toward Tarkanian. Cebrun also said he received tickets to two Fresno State home games from members of the coaching staff who would leave tickets under the names of Cebrun associates Robert Walsh and John Flowers.Copies of ticket pass lists obtained by The Bee confirm Flowers and Walsh were listed.

The reporter can be reached at eprisbell@fresnobee.com or 441-6625.