Documents reveal hearing dates, other new details of Memphis basketball's NCAA infractions case

The final Independent Accountability Resolution Process infractions hearing for the University of Memphis men's basketball program was held May 20-22 in Atlanta, according to nearly 150 pages of documents obtained last week by The Commercial Appeal through an open records request.

Multiple correspondences from Memphis' legal representation, the Complex Case Unit and the Independent Resolution Panel between November 2021 through April 2022 also provide further insight into the school's defense strategy and shed new light on an array of details in the leadup to the final hearing.

It is unclear when a decision will be rendered, but athletic department officials expect it before the 2022-23 season begins. North Carolina State, the only school to have a case resolved by the IARP, had its final hearing in August 2021 and received a decision in December 2021.

A recurring theme throughout the letters is the matter of former Memphis president M. David Rudd's involvement at the final hearing. The school persistently requested Rudd be allowed to present "information germane to the case" as a "non-retained expert witness." Meanwhile, the CCU (the investigative arm of the IARP) made repeated pleas to the IRP that Rudd not be allowed to attend.

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The ongoing infractions case was initially brought about by the school's handling of former star James Wiseman's eligibility status in November 2019. The investigation resulted in allegations of at least four Level I and two Level II violations against Memphis. Level I and Level II violations are considered the most serious of the NCAA's four-level violation structure. The school has either denied the allegations completely or argued they don't merit a Level I designation.

In December 2020, Rudd raised concerns over the conduct of investigators throughout the interview phase, the level of involvement of one investigator in particular (identified in a letter dated Jan. 7, 2022, as Todd Shumaker) and the treatment of multiple unnamed Memphis athletes during interviews. Shumaker, the NCAA's former associate director of enforcement and a member of the three-member CCU assigned to Memphis' case, left the NCAA in June 2021. Shumaker currently works for Indiana-based law firm Church, Church, Hittle & Antrim.

According to a letter, dated March 30, 2022, the IRP requested Rudd attend the final hearing.

The matter of Rudd's involvement at the final hearing notwithstanding, Memphis and the CCU have been at odds for the bulk of the investigation. On Nov. 18, 2021, the contentious tug-of-war continued.

Following a hearing status conference between the parties on Nov. 8, the CCU sent a letter to Hugh Fraser, (chief panel member, arbitrator and mediator for the IRP) strenuously objecting to Memphis' efforts "to use live witness testimony and new witness declarations" at the final hearing, specifically that of Rudd and "purported expert, Smith College economics professor Andrew Zimbalist."

The CCU contended Memphis “is attempting to turn the final hearing into a full-scale trial conducted over five days, rather than the one or two-day oral argument that is intended for infractions hearings," calling it “patently unreasonable.”

One of the pillars of Memphis' defense, according to documents, was the CCU's “noncompliance with Bylaw 19 of the NCAA manual” pointing out that "it compromised the integrity of this investigation.” Article 19 of the NCAA's bylaws reads in part, "... the mission of the NCAA infractions program to uphold integrity and fair play among the NCAA membership ... ."

Memphis also alleged the CCU violated its own operating procedure by allowing Shumaker and NCAA enforcement staff coordinator Taylore Cronk to exceed their roles and responsibilities during the investigation. The school said the contents of 10 previous interviews would demonstrate this and requested the hearing panel add them to the official case record. The names of three interviewees were redacted. The other seven notably included former Tigers recruit Greg Brown III (who signed with Texas), his father, Greg Brown II, and Norton Hurd IV, who runs and coaches Team Thad, a Memphis-based grassroots basketball program.

Despite the CCU's reservations, the hearing panel deemed the interviews "potentially pertinent" and ordered they be included in the case record.

According to documents, the hearing panel requested Rudd attend the final hearing, along with Penny Hardaway (basketball coach), Laird Veatch (director of athletics), Melanie Murry (university counsel), Lynda Black (faculty athletics representative), Lauren Ashman (senior woman administrator), A.J. Osburn (director of compliance), Zaneta Ivy-Bailey (director of compliance), Lisa Karen Atkins (attorney for Ogletree Deakins, the firm representing Memphis in this case), Kristan Kelly (former Memphis assistant athletic director for compliance) and Mike Aresco (American Athletic Conference commissioner).

Other documents showed Memphis intended to also have current university president Bill Hardgrave, John Michael Ryall (assistant university counsel) and Ogletree Deakins attorney Bethany Wagner.

Reach sports writer Jason Munz at jason.munz@commercialappeal.com or on Twitter @munzly.

This article originally appeared on Memphis Commercial Appeal: Memphis basketball NCAA infractions case: Documents reveal new details