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Tutor's Help 'Impermissible' in Gifts as Well as Academics

For four months, an investigation into Carolina’s football program has proceeded on two fronts:

  • One has concerned improper player contacts with professional sports agents and other outsiders and became public in mid-July with news that the NCAA was investigating two players; and
  • A second inquiry has involved possible academic misconduct, involving players and a tutor in UNC’s Academic Support Program for Student-Athletes. The tutor, who no longer is part of the academic support program, allegedly gave improper help to players with work required in their classes. UNC announced this development on Aug. 26.

On Thursday, the two fronts of the investigation overlapped when the University released a letter of disassociation to the tutor, Jennifer L. Wiley ’09. The letter states that UNC has found that Wiley provided more than $2,000 in travel and transportation help to players. The letter — dated Nov. 5, 2010, and signed by Athletics Director Dick Baddour ’66 — states:

“The University has developed information that confirms that in 2010 you provided impermissible extra benefits to some of our student-athletes, including impermissible financial assistance in excess of $2,000 in connection with travel and transportation issues. In addition, in 2009 and 2010, you provided impermissible academic assistance to some of our student-athletes. As a result of your actions, the eligibility status of several of our student-athletes has been adversely affected.

“Disassociation means that, among other things, the University will not: (1) accept any assistance from you that will aid in the recruitment of prospective student-athletes or the support of enrolled student-athletes; (2) accept financial contributions from you for the University’s athletics program; (3) permit prospective or enrolled student-athletes to have contact with you; or (4) provide you with, or permit to be provided to you, any athletics benefits or privilege that is not normally available to the general public. … You are specifically prohibited from accessing the Football Center or any other campus athletics facilities at any time.”

The News & Observer of Raleigh reported Friday that Wiley’s attorney, Joseph B. Cheshire V ’70, had released a statement in response in which Wiley acknowledged her role in the investigation.

“She gave several years of her life trying to uplift, educate and enhance the lives of student-athletes that she worked with and befriended,” the statement said, according to The N&O report. “She did not intend for her work to ‘provide impermissible academic assistance’ and to the extent it did, she is deeply saddened.” Cheshire indicated in The N&O report that Wiley allowed her credit card to be used, that she was “immediately repaid” and that she had not known that the transaction was impermissible. UNC has not detailed what type of travel is believed Wiley provided or to specific individuals it was provided.

Thursday’s release of the disassociation letter was the first time the University has mentioned Wiley by name. Wiley had been identified by name in some media reports for several weeks.

The disassociation is to be in effect for at least five years, “at which time the University will reassess this determination only upon petition from you.”

The letter concludes: “The University intends to take every step necessary to comply with NCAA rules and regulations. These actions are intended to prevent your potential involvement in jeopardizing our commitment to that task.”

As of Nov. 1, 14 players had missed games while UNC and the NCAA investigated; eight players had been punished, three with dismissals, three with a season’s suspension and two with partial-season suspensions; and an assistant coach had resigned under a cloud.

Wiley, who was an undergraduate student at the time she was part of the academic support program, also had been employed privately by football Coach Butch Davis to tutor his son. Wiley was let go by UNC in July 2009 after she appeared to have friendships with football players with whom she worked, which is not allowed.

In releasing the disassociation letter to Wiley, UNC also provided the following to the media:
“As the fact-finding part of the review of the football program draws to a close, the University of North Carolina at Chapel Hill has coordinated with the NCAA to release additional information.”

Chancellor Holden Thorp ’86 “has acknowledged the legitimate interest that the public and the media have in the investigation. He also has pledged transparency, while noting that the University cannot ignore federal and state law with regard to confidential student and personnel records.

“The University previously released redacted documents that identified agents, prospective agents and runners whose names have surfaced during the University’s joint investigation with the NCAA. The documents were redacted under federal law to protect confidential student information.

“In an effort to share as much information as possible, without violating privacy laws, the University is providing the following additional details:

  • “Reinstatement requests sent by the University to the NCAA report that impermissible gifts of cash and jewelry and impermissible assistance with lodging, travel, transportation and entertainment expenses were provided to football team members by the following five individuals: Mahlon Carey ’07 ($140), Hakeem Nicks ’10 ($3,300), Omar Brown ’98 ($1,865), Vernon Davis ($20) and a person from Miami whose full name is not known ($323).
  • “The total value of the impermissible benefits provided by these five individuals is less than $6,000 and includes the estimated value of lodging provided in their homes and some of which was repaid by the involved student-athletes before they or their hosts knew that receipt of the benefits violated NCAA rules.
  • “Carey, Nicks and Brown are former UNC football players who thought they were helping out friends and fellow Tar Heels. Although the investigation remains ongoing, there is no evidence that links them to inappropriate relationships with agents, prospective agents or runners. When reviewing benefits provided to a current student-athlete by a former member of the same team, NCAA rules require that the institution look at whether the type of benefit provided is consistent with what was provided when the donor and recipient were both college students.
  • The News & Observer also has requested parking tickets issued to 11 named football players. Those records are protected by federal privacy law (Family Educational Rights and Privacy Act or FERPA) with regard to students. However, the University has reviewed the parking tickets and can report that each car receiving a ticket was registered either to the student, a parent or a fellow student.”

The memo concluded that UNC also was releasing the disassociation letter issued to Wiley “in addition to already released letters issued to Chris Hawkins ’05 and A.J. Machado.”

For more on this story, see “Three Dismissed, 5 Suspended; Probe of Football Continues”


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