UPDATED: 4:25 p.m.
A group of North Carolina football supporters who agreed to help fund Kenan Stadium’s “Blue Zone” project wants more information about why head coach Butch Davis was fired – and may explore legal action depending on the answers they receive.
Don Brown, one of five attorneys representing the group, had his firm fax a public records request to UNC Monday asking for all correspondence – including emails, text messages, letters and voice recordings – between the Chancellor Holden Thorp and various University officials.
The issue, according to Brown: Why was Davis terminated just nine days before fall practice, after repeated statements over the past year supporting him as UNC’s head football coach?
“I can tell you, everybody that we represent is furious about the timing of Butch Davis’ firing,’’ Brown, whose Brown & Associates firm is based in Charlotte, said during a phone interview this morning. “They feel like their investment was based on Butch Davis being the head coach … and the public reassurances over the past year that he would remain the coach. … They want answers.”
Brown said he and the other four lawyers – Mark A. Johnson of Marietta, Ga.; Matthew J. Dixon of Elizabethtown; Ray S. Smith of Atlanta and J. Scott Hampton of Greensboro -- are all UNC graduates and have taken the case pro bono. The group they represent wants to remain anonymous at this point, he added, but includes donors of differing financial contributions.
The request asks for correspondence between Thorp and more than a dozen people dating back to June 1, 2010, including: Hanna Gage, Chairwoman of the UNC Board of Governors; Wade Hargrove, current chairman of the Board of Trustees; Art Chansky, a former employee at Tar Heel Sports Properties; William Friday, former President of the University of North Carolina System; Davis; athletic director Dick Baddour; and anyone concerning investment in the Blue Zone.
The request also asks the school to produce:
* Thorp’s cell phone records over the past 13 months, and any emails during that timeframe responsive to the request that he may have been deleted.
* Notes, minutes and records in Thorp’s possession from any discussions about Davis and the football situation at the July 27, 2011 Board of Trustees meeting.
* Any documents concerning any proposed self-imposed sanctions that are to be presented to the NCAA in connection with the UNC football program, if applicable.
* Correspondence between Thorp and the NCAA – or anyone else -- concerning Thorp’s self-reported violation of NCAA rules as a result of his public comments about Drew Davis.
The request asks for the information to be provided within one week of the date of receipt of the letter.
UNC confirmed it had received the records request Monday afternoon, but had no comment.
Brown stressed that a lawsuit hasn’t been filed, and he doesn’t know what a cause of action or damages might be: “At this point, we are seeking information … The law we are stressing now is the North Carolina Public records law,’’ he said. “I can’t speculate further than that … what the law might be [in the case of donations] depends on the facts of what facts we find.”
Half of the almost-completed $70 million “Blue Zone” project – which adds the Student Athlete Center for Excellence, and roughly 3,000 seats to the east end zone – is being funded by private donations. The other half is being raises by the sale of club seats and luxury suites.
To date, the Rams Club has fundraised about $22 million for the project, executive director John Montgomery said. The foundation has received calls asking for refunds, and to stop pledging, since Davis was fired, but “ we’ve been working with donors one-on-one, and asking them to reconsider, to stay with us, to support us,’’ Montgomery said. “…We are assessing the situation.”
Since July 28, when Davis was fired, 10 Rams Club accounts have been inactivated, Montgomery said, although 15 new members have joined. It has not granted any refunds.
UNC faces an Oct. 28 date with the NCAA Infractions committee to discuss nine allegations of potentially major violations that include academic misconduct and impermissible benefits. The NCAA investigation began more than a year ago; 14 players missed at least one game last season and seven sat out the entire year as a result.
Thorp pledged his support of Davis throughout the investigation, saying there was no evidence that Davis knew about any misconduct. But then he abruptly fired Davis July 27, he said, because the scandal was damaging the academic reputation of the University.
“The chancellor's explanation doesn't … pass the smell test,’’ Brown said. “… It doesn't make sense that why you would do such an about face, raises more questions than answers. People want answers.”
Robbi Pickeral has covered ACC sports for The News & Observer since 2003. She can be reached at 
Comments
UNC boosters' lawsuit
Wed, 08/10/2011 - 15:26 — TarheelAlum73This is one of the most frivolous lawsuits I have seen regarding athletics! Athletic boosters financial gifts should be given without any strings attached, especially from wealthy ones. All gifts are to benefit the school regardless of who the coach is or will be. I am disappointed and upset that the University will have to answer such a claim from a few alumni. I agree that Chancellor Thorpe's timing wasn't the best but I support his decision regarding the football program.
SUE UNC
Tue, 08/09/2011 - 13:28 — unc1960If anybody should be sued it should the ones who set ticket prices and the low lifes and back stabbers who sell tickets for more than thay are worth. Including the ones who sell tickets to scalpers and ticket brokers. This is lack of our governor and roy cooper having backbone in stopping this white collar crime.
Lawsuit
Mon, 08/08/2011 - 21:29 — JustObservingAnd this lawsuit would accomplish what?
Lawsuit
Mon, 08/08/2011 - 22:58 — SFPNCNativewould accomplish nothing but more embarrassment to UNC. These rich spoiled "little boys" need to get a life.
Seriously???
Tue, 08/09/2011 - 00:28 — lake_jamesIf any of the folks involved in this lawsuit have a degree from UNC, the university should take it away from them. Anyone stupid enough to think that Butch Davis could survive this huge mess, that occurred under his watch, does not deserve a degree.
Fayetteville is Proud of Holden
Tue, 08/09/2011 - 22:22 — bobmac"If any of the folks involved in this lawsuit have a degree from UNC, the university should..." Guess what? The issue is being pushed by 5 lawyers who got their degrees from UNC. Do all 5 think Butch was not responsible for hiring a sports agency's bird-dog, not responsible for the actions of his players off the field, not responsible for his team's actions in the classroom, not responsible for his team's actions concerning campus rules & regulations? His team reacted as if they had never heard of NCAA regulations. I am glad these lawyers' names were made public. I wouldn't want one of them defending me. Maybe it's the Carolina Way: Blame it on someone else. They just overlooked Butch's sins just the way Butch overlooked his players' sins ( NCAA violations). All Tar Heels & Wolfpackers in Fayetteville are proud to call you Our Native Son!!! One small step for college football, one giant leap for education.
This is a UNC Civil War, so
Tue, 08/09/2011 - 22:38 — danofncThis is a UNC Civil War, so as a State fan I probably should stay out of it.
But, that wouldn't be my style.
I don't think these guys are upset with the firing of Butch Davis. Well, maybe they are, but that isn't the reason they are considering legal action.
If Butch was kept on as coach for UNC to secure as many commitments as possible to pay for the Blue Zone, then they have a legitimate complaint.
Really?
Mon, 08/08/2011 - 20:30 — cassandramhOh boo hoo. So you'll have to spend a few seasons watching .500 football in your spiffy, cushy luxury boxes for the oodles of money you pushed forward. Not to promote education at a public university facing budget cuts due to the poor economy, but build out a stadium used a few times a year. Maybe I'd feel you actually had a case if somehow Thorp's actions had affected how your donation was affecting scholarships based on academic merit, donating materials to a library, or maintain/upgrade existing buildings on campus.
Ha
Mon, 08/08/2011 - 20:17 — Heels20Some of you are embarrassing. Don't say that you bleed Carolina blue only to follow that claim with how much you hate athletics. Tar Heel basketball and football are just two among several sports that play a big part in what the University of North Carolina is. It's funny how some of you insist that your beliefs are in the best interest of the university, and yet you totally disregard the fact that when you dismiss athletics, then you're repelling well-rounded students. UNC is a name recognized on an international level, and a huge reason for that is the success in sports. Thousands of regular, academically-qualified students apply every year with the athletics tradition as a big contibutor of what attracts them to the school. Because you short-sighted bookworms can only see in black and white, you don't recognize how detrimental it would be for the university to abandon the pursuit for success in major athletics. Contrary to popular belief, it can be done the right way.
And my solution to the current problem is to fire the current chancellor who has proven incapable of balancing academics and athletics. Since he's not competent enough to do it, and clearly getting defensive about it, let's remove him and find someone who can get the job done.
Huh?
Mon, 08/08/2011 - 22:58 — observerreaderI LOVE Carolina athletics -- all of it --basketball, football, baseball, soccer, field hockey, lacrosse -- you name it, I watch it and cheer for Carolina. But I don't think cheating is the way to go. The football program cheated and the info just got worse and worse. So don't tell me I don't care about Tarheel athletics. And by the way, UNC doesn't need to attract students who would reject the university because it fired a cheating coach. really!
A couple things
Mon, 08/08/2011 - 23:09 — Heels20-Not once did I advocate a cheating football program.
-Butch Davis was not mentioned in any of the 9 allegations, and therefore has not been proven a cheater.
Your post is just one of many examples of how people jump to premature conclusions in this situation. Everything is in black and white to you. In your eyes: There's an investigation --> the football program cheated --> the football program needs to be cut down in favor of academics. That is, by matter of fact and not opinion, totally irrational. If you think Butch Davis deserved to be fired, that's a fair argument. But if you think that Holden Thorp has handled this in the most productive way, then you are dead wrong. No proof against Butch. No reason to call out an 18 yearold. No indication that our chancellor understands athletics. Do you think it's reasonable to punish this current team for the mistakes of former players and former assistant? Should our university take a long term blow over bad eggs who have already been eliminated?
What Davis knew
Tue, 08/09/2011 - 01:30 — ncsfeddieThe truth is that it didn't matter what Davis knew or didn't know. He created a culture at UNC that was not concerned with NCAA compliance and lacked accountability. I agree that it is impossible for a head coach to watch every player all the time. The way effective leaders accomplish this is by creating a culture of accountability. They hire people who share their values and beliefs and hold them accountable. Those people do the same for their subordinates and so on down the line. I seriously doubt Bill Gates knows what every Microsoft employee is doing at any given moment, but he doesn't need to. He trusts that the people he's hired share his vision for the company. I know Butch didn't live in the weight room and may not have seen the ex-players the NCAA is interested in, but someone knew. If Butch's strength coaches and trainers were concerned about compliance this would have at the very least been reported to hm. They obviously weren't because it was not stressed by their superiors. This is true in any industry. When you are a leader, your people will value what you value. If it's important to you and you stress it constantly, it will be important to them. The same could be said for John Blake. There is dispute over how shady his rep truly was but I don't think he was ever accused of being overly concerned with compliance. If the type of violations that UNC is accused of have to reach the CEO before they are addressed then too many people are not doing their jobs. The bottom line is that Davis probably couldn't have caught these violations on his own but that doesn't excuse him from failing to create a culture that would have.
Well that was a waste of a post
Tue, 08/09/2011 - 10:30 — Heels20Did you not take the time to read my previous post?
"If you think Butch Davis deserved to be fired, that's a fair argument. But if you think that Holden Thorp has handled this in the most productive way, then you are dead wrong. No proof against Butch. No reason to call out an 18 yearold. No indication that our chancellor understands athletics. Do you think it's reasonable to punish this current team for the mistakes of former players and former assistant? Should our university take a long term blow over bad eggs who have already been eliminated?"
Stateofmind
Mon, 08/08/2011 - 20:17 — SFPNCNativeAre you one of the investors??? You know so much about everything, I'm just wonderin....
Get ready tax payers...
Mon, 08/08/2011 - 18:23 — riddickfield'cause guess who will be picking up the bill for the latest boondoggle in Chapel hill? Remember the dean dome? Wasn't going to cost the tax payers one dollar they told us. Turns out it costs us $1 million a year to keep it maintained. When asked to put some advertising in there to offset the taxpayers obligation they squealed like stuck pigs. Now the investors are pulling out of the blew zone. Guess who is going to get stuck with the bill? Yea us, just so rich people can get cheaper basketball and football tickets. I for one am tired of subsidizing rich people's entertainment.
get ready tax payers
Mon, 08/08/2011 - 20:01 — unc1960I agree with riddickfield all the way i'm sick of these rich people whing they are not real fans. The money these people waste should go to the students college is to get an education not about football and basketball. I bleed carolina blue but the rich needs to quit whining.
WOW, the DRAMA continues
Mon, 08/08/2011 - 18:14 — ViperRetI have been in NEWS withdrawl most of today....after I heard Our Chosen Leader state, "Thus US is and always will be a AAA rated entity". I guess his aids do NOT want to tell him that the S&P downrated the US to AA+or something OTHER than AAA.
After having read THAT headline, NOW comes this one. Talk about needing some COMIC relief. This is absolutely hiliarious.
If they, the UNC Lawyers, decide that Pro Bono will not work, I will contribute to their quest....just to see what they can uncover.
I wonder if the parents of the recruits are going to JOIN this crusade. There is CREDIBLE evidence (some of the recruits know, like Marvin, HOW TO TWEET) that the UNC Coaching Staff has been filling their heads full of visions of sugar plum fairies and other non-sense. I guess that the Rams Club members that ponied up the BIG BUCK$ also got the same line. Are these the lawyers and well placed and supposedly SUCCESSFUL businessmen and perhaps BANKERS who are controlling retirement funds and trust funds for others?
Let this continue. Full disclosure is what we need. Every rotten detail, including those purported linking several members of Old Roy's Boys to the courses and tutors and parking tickets and the whole sordid mess.
FOIA needs to be invoked. UNC Judges need to rule that not one note on the back of a "Can you draw ME?" matchbook cover can be held back.
GOD LOVE THIS MESS.
In full disclosure, I am a Wuffie who is LMAO and ROF....
Just thinking
Mon, 08/08/2011 - 20:45 — JPDOhioDepending on how things work out over the next year and a half, Our Chosen Leader could be the next chancellor of UNC-CH. He is the perfect candidate. He loves basketball and never lets the facts get in the way of what he wants to say. He'd have to lose Reggie Love though.
Slogan
Mon, 08/08/2011 - 23:16 — Heels20I have to admit, I've tried to think of a creative slogan for that scenario, but what would it be? "Mediocrity" We Can Downgrade To. After all, he ended his last slogan with a preposition.
In full disclosure: Dumb
Mon, 08/08/2011 - 20:36 — WesIn full disclosure:
Dumb ass! You are also a fool for thinking this is funny. It is hurting the school, the State of North Carolina, taxpayers and the ACC .
Can't we all just get along
Mon, 08/08/2011 - 22:21 — ViperRetThe Dumb Ass comment was totally uncalled for. I admit to NOT being the sharpest knife in the drawer from time to time, and have made a few DA comments, but this is NOT one of them. Look in a mirror and make sure the label is not above your head in a cartoon balloon.
There was some sarcasim in my commnets and I freely admitted it.
As to the COST, I thought that the Athletic Budget at UNC was "self sustaining" and was NOT taxpayer funded (other than the maintenance on the Dean Dome that they have to pick-up).
As to the reputation, I have NOTHING to do with that. The previous Board of Trustees hired Coach Davis (and NOT the Athletic Director or the school). They THEN informed them of the hiring and the salary requirements. This is FACT, not conjecture and has been amply documented here and other places.
SO, I stand by my comments. It is FUNNY. I did receive some comments from some DISTRAUGHT UNC fans after I wrote my litte diatribe. The fans that got BUMPED from their seats by the "big boys" were never really happy about the "plans". They were also VERY unhappy about the fact that Chancellor Thorp did NOT have the political power, and perhaps the will, to fire Coach Davis LAST year or EARLY in the spring. They knew that no good would come from the "we have confidence" statements.
Based on what has been released and also comments from many folks, TECHNICALLY, Chancellor Thorp COULD have fired Coach Davis last year....but in doing so, would have also been fired. The Board of Governors controls a LOT. Chancellor Thorp reports to the President of the Consolidated University Board, but he is also "controlled" by the Board of Trustees. Maybe he thought that enough NCAA dirt would come out and there would be JUST CAUSE or maybe he feared that his successor would be put in by the OLD BOT and that the New Chancellor would REALLY drag down the university's reputation....not that it is too high today, but it COULD be worse.
We Wuffie fans are TOTALLY aware of how some political appointees can corrupt the power structure. We were NOT happy with our BOT chairman and his cozy relationship with Mrs. Mike Easley. That FINALLY came to a head. We have a NEW chancellor and a NEW BOT Chairman and we are RID of Mighty Mary. NOW, for THAT, we are glad. However, MM was NOT making the $2.7 Million that Coach Davis was.
SO, please re-read my comments and try to FULLY understand this complex situation. It is NOT as cut and dried (the Chancellor done fired the coach and all is lost) as some might think.
MOST UNC fans and alumni just want this "unpleasantness" to GO AWAY and hope for a good season. They do NOT want any MORE dirty laundry aired. The fact that some of the BIG DONORS now feel hoodwinked and are threatening with this lawsuit is the exact OPPOSITE of letting it die a peaceful death.
just another story
Mon, 08/08/2011 - 17:15 — jtric1963everyday, come on n & o, everyday,,,,,,,,,,,,just another story, everyday
That's sort of how
Mon, 08/08/2011 - 17:35 — danofncThat's sort of how newspapers work.
If they didn't publish stories every day, they'd be magazines.
hhmmmmmmm
Mon, 08/08/2011 - 19:16 — jtric1963is that the best you can do when talking about why the n & o continue to write the same story over and over
Lawsuit? Really?
Mon, 08/08/2011 - 16:53 — suzyb3Get a life.....I never missed a home basketball game my senior year, waiting in Woolen Gym for the seats to "close in" and missing class (!), and I had a "toodle-loo, Dooley" bumper sticker, but sue the chancellor? Time to move on, fellas! Football season is here...GO TAR HEELS!!
Now THAT's institutional control.
Mon, 08/08/2011 - 16:45 — stateofmindWho said there is a lack of instituional control at UNC?
Five rich lawyers from Charlotte who want to win football games are filing a lawsuit to prove they are in charge.
Well, things couldn't get any worse at UNC.
Could they?
everyday
Mon, 08/08/2011 - 17:18 — jtric1963everyday you count on a comment and most of the time it is the same comment from him...
TO: jtric1963
Mon, 08/08/2011 - 18:39 — stateofmindNever made a comment about lawyers from Charlotte leading UNC in my entire life. A little sensitive these days, huh?
Maybe you should relax, take some time off and do a little easy reading. Perhaps the sports section of the N&O for the past week will relax you.
lmao
Mon, 08/08/2011 - 19:18 — jtric1963lmao is that the best you can do with you lack of control
...pot...kettle....
Mon, 08/08/2011 - 17:43 — wjolly...pot...kettle....
lmao
Mon, 08/08/2011 - 19:19 — jtric1963OK!!!!!!!!!!!!!!!!!!!!!!!!!!
HMMMMMM
Mon, 08/08/2011 - 20:47 — mad_maxlmao is that the best you can do...
oh no
Mon, 08/08/2011 - 22:36 — jtric1963not you again mad mrs max---here we go again -- ncsu fan who hates unc.....
Possible Lawsuit
Mon, 08/08/2011 - 16:01 — Z33221I agree with UNCpride11.
Academics first. Football secondary. Where was the UNC athletic administration when John Blake was hired?? Why didn't Dick Baddour vet Blake??? "Student Athletes" such as Michael McAdoo who do not have the ability to do college level work should never be admitted to UNC
This goes deeper than McAdoo ...
Tue, 08/09/2011 - 11:15 — penfisherI know for a fact John Bunting recruited and signed a player who could not read or write ... and the player graduated from UNC after playing FB .....McAdoo is a Rhodes scholar compared to this former player. ... the FB office had someone transcribe what he said when a paper was due and wrote down his verbal answers to test questions, all the while he was being taught basic elementary-school level reading ... hy the time he was a junior he was able to read his text books, write his own papers and answer test questions ... which shows the level of courses he was taking to be eligible to play FB at UNC ... how do I know? A former UNC coach told me.
Simple solution
Mon, 08/08/2011 - 15:26 — Heels20Fire Thorp.
I Support Chancellor Thorp
Mon, 08/08/2011 - 15:18 — uncpride11Chancellor Thorp has all of the information and it is his responsibility alone to have made the decision regarding Coach Davis. This summer's ongoing onslaught of negative news regarding the football team's parking tickets and the student Mr. McAdoo's plagiarism made it necessary for Mr. Thorp to make the decision when he did, and when he felt he could no longer support Coach Davis. I understand and respect that.
As far as this lawsuit, these people are helping to destroy the very football program and university they supposedly love. Cease and desist!
WHAT??
Mon, 08/08/2011 - 15:38 — ToeKnee"... helping destroy the bery football program and university they supposedly love." Are you nuts? The players and coaches did a pretty good job of that themselves. Davis should have been fired as soon as this started to come to light... not a year later. I would have respected Thorp had he done that. They people wanting to sue are simply reacting to being screwed over.
How will this lawsuit help UNC? It won't.
Mon, 08/08/2011 - 23:13 — uncpride11I'm confused--the people wanting to sue don't think Coach Davis should have been fired at all -- a year ago (which is what you wanted) or now, or ever.
Just keep in mind that Chancellor Thorp a) has ALL of the information b) is a really smart guy c) wants to do what's best and fair for UNC.
Threatening to sue Chancellor Thorp and UNC will only serve to prolong this situation for goodness knows how long, scare away recruits and further damage the reputation of the university. Now how is that in the best interest of UNC?
The university is getting what they deserve...
Mon, 08/08/2011 - 14:47 — ToeKneeClearly this is an issue of what the university told them while they were begging for their money... if they lied to these people in order to procure their donations then of course they should sue. The university is not going to admit if they tried to pull the wool over the donor’s eyes, so a lawsuit is the only tool they have. The university is the one that should be embarrassed here... they are forcing these actions by people that clearly love the university enough to give them money. It is pretty pathetic.
they don't love the university
Mon, 08/08/2011 - 18:06 — observerreaderthey love a winning football team . . . there's a difference.
More important things to worry about
Mon, 08/08/2011 - 14:40 — FlowerpowerOh, for Heaven's sake.
A lawsuit over something soooooooooo peripheral is patently ridiculous.
We have much more serious things to worry about--for example, the economy's going to Heck in a handcart.
More important things to worry about
Mon, 08/08/2011 - 14:40 — FlowerpowerOh, for Heaven's sake.
A lawsuit over something soooooooooo peripheral is patently ridiculous.
We have much more serious things to worry about--for example, the economy's going to Heck in a handcart.
Frivalous lawsuit.....
Mon, 08/08/2011 - 14:38 — PowderedToastManby a bunch of spoiled bratt rich boys.
This is why UNC should not
Mon, 08/08/2011 - 14:48 — msshainThis is why UNC should not want to be a major football school. How many 10s of millions have been spent on the stadium and surrounding infra structure in recent years? What is the goal, to be like an SEC school? How truly legit are any of those school's programs? The whole system is fairly rotten, in fact.
Look at it this way:
Mon, 08/08/2011 - 14:24 — The_Nags_HeadEvery minute these folks are tied up with grand plans to sue the university is another minute they aren't out defrauding widows, scamming federal programs, or running the economy into the ground.
So count your blessings.
you have a point
Mon, 08/08/2011 - 16:28 — FlowerpowerBut the money would come out of the state treasury, and that would affect the widows and orphans. It's just plain silly and frivolous.
True, you are right about that
Mon, 08/08/2011 - 16:57 — The_Nags_HeadAnd I forgot to congratulate the N&O for conducting this interview on the run, pacing alongside the lawyers as they chased ambulances.
lawyers being too much like lawyers
Mon, 08/08/2011 - 13:48 — scamp74oh this is a very bad idea!
Mr. Brown. Can we have
Mon, 08/08/2011 - 13:32 — awdracerMr. Brown. Can we have those records when you're done with them? MMkaythanks.
-Signed
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