Last week, UNC football coach Butch Davis pledged to release records of business calls made on his personal cell phone, which had been requested by several media organizations.
But his firing this week makes it hard to say whether those records will ever become public.
“That’s up to coach Davis,” UNC chancellor Holden Thorp said this morning.
University spokeswoman Nancy Davis said that the records have yet to be turned over by Davis. They come from a cellphone that he has used since his days coaching the NFL’s Cleveland Browns.
Butch Davis was not available for comment today.
Davis told reporters last week that the university reviewed the records in the fall of 2010. That’s true, but the university never made copies.
“He didn’t give us the records,” said Nancy Davis. “We hired outside legal counsel to take a look at them, but he retained the records, and he has them now.”
Nancy Davis said she did not know what the university’s counsel reported back regarding Butch Davis’s personal cell phone records, but it so far has not been tied to any NCAA violation. Thorp said Thursday that there are no new allegations surrounding the cell phone or any other information requested by reporters.
Dan Kane has covered local and state government and N.C. State University at The News & Observer since joining our staff in 1997. Most recently, he and J. Andrew Curliss teamed to report “The Missing Money,” a three-part series that explored the state's growing number of tax breaks and the related rising revenue loss. Kane's reporting also exposed one of the worst academic fraud cases in U.S. higher education history at UNC-Chapel Hill. Contact him at
Comments
No wonder..
Thu, 07/28/2011 - 23:03 — UNC1998this post had the most comments. It is never going to die.
Nor should it, until the
Sat, 07/30/2011 - 16:43 — mad_maxNor should it, until the truth is revealed. Check out this editorial from the N&O:
http://www.newsobserver.com/2011/07/30/1378042/call-waiting.html#ixzz1Taa7jBqe
The only portion of the N and O
Sat, 07/30/2011 - 22:52 — UNC1998I look at is this blog. Call me ignorant, I call it bliss.
I can't imagine his records
Thu, 07/28/2011 - 19:20 — hdog007I can't imagine his records are so bad that they fired him to cover it up, but I could be wrong.
It was nice of the CHeats to keep paying him. They could say that he violated his contract and pay him nothing. Instead they pay him to keep his mouth shut, just like Blake. More hush money. When does it end?
A Nixonian Moment
Thu, 07/28/2011 - 19:06 — Shadow722A Nixonian moment over on the Hill. Up to Coach Davis to release his redacted 216 records?????
Hammer time for Brokeback Hill Boys by the NCAA.......
The boy blunder,
Thu, 07/28/2011 - 18:56 — Walt_in_DurhamThe boy blunder, err...Chancellor Thorp, says Butch didn't know what was going on, based on what? The boy blunder agrees to pay Butch $2.7 million. The phone records won't come out. That my friends is NOT what leadership is all about. But, that's what we have from the boy blunder.
Walt-in-Durham
The only way the phone
Thu, 07/28/2011 - 19:00 — danofncThe only way the phone records aren't released is if the media decides to stop pursuing them.
BS, Dan
Thu, 07/28/2011 - 21:28 — gvillegatrHes been fired and like Blake doesn't have to release them anymore. You have your pound of flesh and then some unless you truly want the football program dissolved. But then you have no one to call a "rival." I take that back, you'll have WFU to fall back on like in baskets. Exciting !!!
You need to research the
Thu, 07/28/2011 - 22:08 — danofncYou need to research the law.
If he used the phone to conduct state business (which we know he did for a fact), then the phone is a public record subject to FOIA requests. Period.
The fact that he has been fired doesn't change that anymore than it would change the status of his official UNC phone.
Come and get it, Dan
Fri, 07/29/2011 - 13:08 — gvillegatrHes been fired. No agency is going to demand a football coaxes personal phone after he's been fired and the NCAA doesn't have the authority to get it. Since you are so worried and shockingly the largest voice here at ACCNow concerning the personal phone records, why don't you come get them ?
The firing doesn't change
Fri, 07/29/2011 - 14:16 — danofncThe firing doesn't change the status of the phone records. I think UNC wants you to believe that, and I think UNC wants this situation to go away. I don't think it will be quite that easy.
UNC claims that they reviewed the records months ago. Butch says he's releasing the records. Then, all of a sudden, Butch is fired, only the outside counsel saw the records, and if you want them you have to go to Butch.
Do you honestly not see the coverup going on here? Are you that blinded by light blue?
If there is something in there that ties Butch to everything, it ruins UNC. Period. They have claimed that they looked into everything and that there was nothing to see, so anything on Butch's records that says otherwise shows just how much they didn't actually investigate.
If the media covering the case is doing its job, then the records will be released...either through Butch, through UNC, or through a court order.
This is your opinion
Fri, 07/29/2011 - 16:27 — gvillegatrThats all it is. As an AbCer, you're gonna look at worse case scenario and as a Carolina fan, I'm gonna look at a best case scenario. I've stated these same comments again and again. Funny I never get a response from ABCers just like my rational post I made yesterday concerning why HT blamed Butchs firing solely based on academics when a school like UNC WISHES they could pin it on Butch.
UNC can't claim Butch
Fri, 07/29/2011 - 17:02 — danofncUNC can't claim Butch knew. They've spent the last year telling the NCAA and anyone else who would listen that they have checked everything during their "internal review" and found nothing that implicated Butch.
They can't all of a sudden say "You know, we kind of half-***ed our 'review' of Butch's phone records, so we missed the fact that he was in constant contact with Blake and Austin during the CA trip" or whatever would be exposed in those records.
They can't turn on Butch, because in doing so they "spill the beans" that their investigation was actually a PR maneuver meant to avoid punishment, not a real attempt at ferreting out wrongdoing.
If HT wants anyone to believe that his concern for academics is what led him to finally turn on Butch, then we should be getting word soon that the professor is being let go and HT is joining DB and BD in the unemployment line.
The problem with a lot of UNC fans is that they think anyone who doesn't buy the company line is an ABC'er. That is asinine. It's very obvious that UNC has broken rules, and it's very obvious that UNC is much more interested in covering things up than they are interested in exposing just how deep this goes.
The problem with your "best case scenario" approach is that it forces you to suspend reality. You have to believe that Butch didn't know what was going on. I think if Butch really wasn't involved, he would have been using his UNC-issued phones or the records of the phone he was using would have been released. You have to believe that UNC isn't orchestrating all the lawyering going on in Chapel Hill. Do you really think that Jennifer Wiley is paying Joe Cheshire? Do you really think she's paying him to defend UNC when something bad happens and he makes a comment? Do you really think that McAdoo decided on his own to sue the NCAA? Really?
Gonna answer this without reading it
Fri, 07/29/2011 - 20:47 — gvillegatrYou have your opinions and I have mine. You are no involved and I am not involved. We'll never know the truth even if one of us is all over it.
It's probably for the
Fri, 07/29/2011 - 21:10 — danofncIt's probably for the best.
Anyone who believes that things went down the way you claim probably thinks the Tooth Fairy and the Easter Bunny live in a condo on Glenwood South.
You know the answers
Fri, 07/29/2011 - 14:47 — mad_max"Do you honestly not see the coverup going on here? Are you that blinded by light blue?"
No. Yes.
Um
Fri, 07/29/2011 - 16:30 — gvillegatrTheres proof all over this board where I could say the same thing about you, Dan and anybody else. What a worthless post by you.
Can't u guys see the forest
Thu, 07/28/2011 - 18:53 — coastalconnectionCan't u guys see the forest for the trees! Butchy Boy's personal phone records are the smoking gun. Guarantee you they have already been scrutinized and they tell a story. He has been making inappropriate phone calls on his personal phone, whether they be to that scumbag assistant coach or agent, or unauthorized contact with recruits. That is the only thing that makes sense. If BD was not part of the problem, why not let him be part of the solution, especially when the day of reckoning is coming with the NCAA. Hope the program has the same success that NCSU basketball had in the aftermath of the resignation of their coach and AD! At least that payout did not cost the taxpayers because the Wolfpack Club paid out that contract. Butchy enjoy your 2.7M, take a vacation, buy a new car, but please send a thank you note to the taxpayers of NC!
It may turn out
Thu, 07/28/2011 - 22:47 — HeelsforeverIt may turn out that none of this firing makes sense. You might be right and I tend to agree that we may hear something new soon. However, I'm not sure Thorpe has any idea how to make sense out of what he did.
Look
Thu, 07/28/2011 - 21:21 — gvillegatrUNC is going to chop Butch's head off long before they fall on their own sword when it comes to academics. HT would not have stood up at the podium and blamed this on the continuing education issue if he could blame it all on Butch. Unfortunatley for you and the rest of the wuffies, there is no smoking gun. In the words of Tommy Earl Bruner, "Am I lying to anybody ?"
SOMEONE IS LYING
Thu, 07/28/2011 - 18:12 — pressingncaa"Davis said he will release his personal cell phone records to the public "very soon," but did not specify when. Davis said the school has had the records in its possession for months, which he indicated is a sign that there are no significant concerns with them."
From an article on ESPN: Davis Addresses Alleged Violations
Does anyone think for one
Thu, 07/28/2011 - 17:52 — awdracerDoes anyone think for one moment that Davis' phone records were scrutinized more closely than McAdoo's paper? This business of UNC investigating itself is simply ludicrous.
And another thing. Of course there are "no new allegations". The 216 records have never been seen. How can the media and NCAA evaluate them if they are hidden? Gawd Thorp is so far out of his depth.
It doesn't f'ing matter anymore
Thu, 07/28/2011 - 21:15 — gvillegatrHes been fired, cut, let go and any other term you wish to use. You wanted his ass gone. You wanted his ass fired. You got your wish. Bc you got your wish Butch DOES NOT have to give up his personal phone anymore. Too bad. Too sad. Lord willing, I get to hear about the "phone records" for another 45 yrs !
NCAA rules
Thu, 07/28/2011 - 16:33 — izzykareemActually, if Butch, Blake, Pittman any other coach had separate phones that they used to contact recruits, the NCAA and UNC Compliance should already have the records of these phones. Since it is proven that BD did NOT use his university issued cell phones to talk to recruits he was definitely using the 216 or another phone and it looks as if these were NOT registered with UNC Compliance. Makes sense since BD got rid of the former compliance staff and installed his own people. Big Time Football right there boys and girls. Also potential violations as well that can come out on 10/28.
State business
Thu, 07/28/2011 - 15:51 — PackMan97If Coach Davis used his personal phone for state business (and he clearly has due to the lack of use on his University phones) then the call records are public record. Sorry, Coach.
In addition, this is proof that UNC-CH's compliance department has NOT been reviewing this phone for possible recruiting issues. If they were, they'd have the records. How is their compliance department supposed to know if recruiting regulations are being followed or not?
This is a complete abdication of responsibility on the part of the UNC athletic department.
Well said, and great
Thu, 07/28/2011 - 16:02 — mad_maxWell said, and great points. UNC's athletic department has been exposed. Only the blind kool-aid drinkers can/will deny that now.
Personal Phone
Thu, 07/28/2011 - 15:43 — InspectorPittA personal phone is just that. Personal unless Davis wants to release his records. It doesn't matter how much state business he conducted on it. It was his.
Don't get me wrong. I'd love to see his records, too. But, I don't think anyone will be getting them now unless Davis wants to leave everyone here with an impression of doing the right thing and to silence his critics that his cell phone was used for lurid recruiting.
Your first statement is just
Thu, 07/28/2011 - 15:50 — danofncYour first statement is just flat wrong.
If you use a personal phone to conduct state business, that phone becomes subject to FOIA requests. Period. Since the initial request was for university-issued phones, he didn't have to give it up when UNC lost that case.
But, all it will take is another request (which I believe has been made, and he was in the process of complying with) to get the records.
Why Don't You?
Fri, 07/29/2011 - 15:12 — InspectorPittSince you believe I am wrong, why don't you make the FOIA request for Davis' personal phone records?
I won't claim to be right but it is my belief that his personal phone can't be touched with an FOIA or a public records request because his phone is private. If the university were reimbursing him for the use of his personal phone, I might agree with you.
Also, it was noted somewhere I read that he'd turned those records over to university officials but they'd not kept a copy. My reasoning as to why they didn't keep a copy is because in their hands those records could possibly have been deemed public since it was part of an investigation.
If there were a criminal case, his records could be subpoenaed by proper officials.
But, it is my opinion that as long as Davis paid the phone bill and has the records, it will be he who releases them, not a judge who makes him do it. But, who knows? I hope you're right because I'd like to see if Davis has been honest about them.
You are incorrect
Fri, 07/29/2011 - 16:17 — willncsuOnce you use a personal phone for State business, the records become state property. There have been many cases that set presidence for this. I believe one was fairly high profile recently with a state trooper. Not the issue in Wilmington.
RE: CAN SOMEBODY SHOW ME
Thu, 07/28/2011 - 15:24 — pressingncaaThe FOIA request was for university issued phones only - not for his personal phone. The N&O needs to go back and refile and order the phone company to turn them over since it was being used for state business.
How many times has this been
Thu, 07/28/2011 - 17:49 — awdracerHow many times has this been covered? Davis chose to use his personal phone for State business. As soon as that happens the records become subject to the laws of the State.
so by firing Davis now, the
Thu, 07/28/2011 - 15:11 — bppackso by firing Davis now, the 216 phone records don't have to be released? interesting. maybe the timing of the firing is not so mysterious after all. kind of like the resignation (with hush money, er, pay) of Blake - who has not had to talk to the NCAA since he is no longer associated with the (so called) university. looks like a very strategic move by unc-ch.
I'll tell ya - they're
Thu, 07/28/2011 - 15:19 — ProwlingWoofieI'll tell ya - they're pretty crafty over on the Hill...
Dodge, deny, deflect, lie, stall, fire and compensate, hide the witnesses behind lawyers - they pull out all the stops !
I know all the UNC alums are mighty proud today !
Can somebody show me the
Thu, 07/28/2011 - 15:11 — danofncCan somebody show me the part of the FOIA that makes this decision "up to Coach Davis"?