UNT Men's Basketball Program External Review Report

UNIVERSITY OF NORTH TEXAS Report of External Review of Men’s Basketball Program

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Charge: Examine the culture and climate surrounding the University of North Texas (“UNT” or “the University”) men’s basketball program in light of allegations of criminal activity involving persons previously associated with the program.

Timeline: March 5, 2017 – Following the conclusion of the 2016-17 UNT men’s basketball season and prior to the University’s knowledge of the alleged criminal events that gave rise to this external review of the men’s basketball program, the University’s head men’s basketball coach was relieved of his duties with the program. Thereafter, the assistant coaches (and certain support staff) left the program.

March 30 – The University received a report of an alleged sexual assault involving UNT students with a reference to alleged prostitution, and the University of North Texas Police Department (UNTPD) immediately began an investigation. President Neal Smatresk, a limited group of University officials and the UNT System Office of General Counsel were made aware of the investigation.

April 28 – UNTPD obtained arrest warrants for three University students and one individual unassociated with the University. Warrants for engaging in organized criminal activity (promotion of prostitution and drug possession) were obtained for a former men’s basketball student-athlete, a former student manager for the team, and an assistant men’s basketball coach from another institution. A warrant for drug possession was obtained for a second former men’s basketball student-athlete.

May 1 – The University engaged our firm, Bond, Schoeneck and King, PLLC, to conduct an external review consistent with the charge stated above. Subsequently, we conducted interviews and reviewed relevant University records.

May-October – Conduct review and report preparation.1 Methodology: The findings and observations described in this report are based primarily upon information reported during interviews of approximately 50 individuals (current and former student-athletes and coaches, current and former athletics department staff members, and University staff from various campus departments) and a review of those University, athletics department and/or basketball team policies in place to promote and enforce the University’s expectations of student conduct. Additional documentation, including men’s basketball rosters, University disciplinary files, and athletics compliance records, also was examined and relied upon during the review.

It should be noted that after consulting with UNTPD at the outset of the external review, we did not pursue interviews of the two former student-athletes and the former student manager so as not to interfere or be perceived to interfere with the ongoing law enforcement investigation 1

With limited exceptions, the individuals we interviewed were cooperative, including the former head coach, whom we found to be very cooperative.

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Findings: At the conclusion of the external review, two important findings were clear: 1. The external review did not identify any “red flags” or other indicators that individuals outside of those involved in the alleged criminal events were aware of the activity; and 2. The men’s basketball program under the prior coaching regime did not create, encourage, condone, nor appear to tolerate the type of behavior that was the subject of the recent arrests.

Generally speaking, individuals throughout the campus community (within and outside of athletics) expressed some degree of disappointment in the on-court performance of the men’s basketball program under the former coaching staff. In addition to what many individuals perceived as a lack of success on the court, there was an overall sense that the program lacked discipline, and that the men’s basketball student-athletes were not held accountable for their actions, especially concerning their academic performance, missed appointments, and the use of marijuana by a small number of players. For the most part, the individuals who offered such observations were external to the program. However, some of the former members of the men’s basketball coaching staff and team staff members shared similar sentiments concerning discipline within the program. On the other hand, some former coaches and staff members cited specific examples of players who were routinely disciplined for serious matters, including missed academic meetings and positive drug tests.

There was universal recognition that these specific issues – poor academic performance, missed class/appointments, and particularly marijuana use by men’s basketball student-athletes – are common problems on many college campuses, and are not unique to the UNT men’s basketball program. Our experience and frequent exposure to collegiate athletics programs across the country supports that conclusion.

Nearly every individual interviewed during the external review described the men’s basketball student-athletes as generally well-mannered and respectful, and many of them directly credited the former head coach and his staff for the positive way the student-athletes treated others and carried themselves off the court. Virtually every individual interviewed expressed “shock” at the announcement of the arrests relating to prostitution, and reported that such activity was in no way representative of the men’s basketball program.

While the two findings noted at the outset of this section were the predominant focus of the external review, other related areas were also examined to fully understand the “culture and climate” of the University’s men’s basketball program during and before the events that prompted the review. A summary of findings in those areas is provided below:

Treatment of Women Most individuals directly associated with the program (i.e., former team managers, current and former student-athletes, former coaches, men’s basketball office staff members, etc.) reported that the former coaching staff consistently stressed the importance of treating women appropriately and with respect. Those closely associated with the program reported that in 2

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addition to the head coach’s frequent reminders about treating women respectfully, he often invited a nationally recognized sports psychologist to meet with the team to discuss a wide range of individual growth, team development and life skills topics. Former student-athletes and coaching staff members reported that the psychologist’s time with the team included discussion of sexual harassment, appropriate dating behaviors and sexual misconduct.

Additionally, the University’s current Title IX Coordinator reported that she met with the men’s basketball team in the fall of 2016 and gave a presentation concerning sexual misconduct, relationship violence and stalking. She reported that the men’s basketball student-athletes were attentive, respectful and fully engaged in the discussion.

In an effort to collect an impartial opinion of the men’s basketball student-athletes’ overall attitudes and behaviors toward their female peers, several female student-athletes were interviewed. The female student-athletes generally reported that they (and their teammates) had very little interaction with the members of the men’s basketball team, but that their limited encounters with the men’s basketball student-athletes were always appropriate. Several female student-athletes stated that the men’s basketball student-athletes were generally more polite and courteous than other men on campus.

Finally, University disciplinary records did not reveal any pattern(s) of men’s basketball studentathletes’ mistreatment of women that should have alerted the University to the alleged criminal acts, nor did those records suggest that the men’s basketball program condoned or tolerated such behavior.

Marijuana Use University disciplinary records and information reported by multiple sources indicate that marijuana use was an issue for a segment of the men’s basketball program. The majority reported that marijuana use was confined to a small number of men’s basketball studentathletes. Former men’s basketball coaches and staff members acknowledged that marijuana use, regardless of how limited, was a significant concern; that frequent warnings were given to the team; and that drug tests were administered as a means of deterrence.

Based upon our experience in the collegiate sports area, this problem is not unique to the UNT men’s basketball program. Additionally, it appears that the former men’s basketball coaching staff, as well as the UNT athletics and campus staff, were taking thoughtful steps to address the issue.

Student-Athlete Discipline and Accountability As noted above, it was a recurrent theme from individuals both inside and outside the men’s basketball program that the men’s basketball program lacked discipline and accountability.

Many individuals seemed to base this perception on their experience of alerting the coaching staff to a particular problem (i.e., a men’s basketball student-athlete missing a scheduled tutoring session) and the problem persisting without any noticeable improvement. Several former coaches, student-athletes and team managers added that certain men’s basketball student-athletes were permitted to openly disrespect the coaches during practice, and that there was no true punishment for those who were late to practice, broke curfew or disregarded team expectations.

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Overall, the former coaches and others closely associated with the program acknowledged that discipline and accountability were sometimes lacking in the program. Interestingly, it does not appear this was due to a lack of attention by the head coach. Instead, staff members reported that the head coach cared deeply for his players and always delivered the proper message(s), but that he had a hard time being a strong disciplinarian when swift, significant discipline may have been appropriate. In contrast to the reports of staff members, the former head coach cited a handful of examples of student-athletes who were dismissed from the program or required to miss practices and/or games for misbehavior or other conduct that was detrimental to them or the program.

After interviewing approximately 50 individuals who were either a part of the men’s basketball program or engaged frequently with the men’s basketball coaches and/or student-athletes, it would be inaccurate to conclude that whatever discipline or accountability was lacking translated to a program that was “out-of-control,” much less that the program promoted a culture that condoned or tolerated the types of criminal behavior that prompted the external review.

Additional Observations: Finally, during the course of our external review, a series of additional observations unrelated to our charge were shared with President Smatresk, Mr. Baker and University counsel. Those observations included: a comparison of transfer student-athlete rates in the North Texas men’s basketball program versus other institutions in the conference (and similar conferences); a discussion of academic resources dedicated to athletics; and suggestions to increase the involvement of certain University departments in athletics and student-athlete development.

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