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Former Gov. Martin's letter on red flags over no-show classes, and what the record shows

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Former Gov. Jim Martin in a letter in today's paper objects to a couple points in our Sunday story on his report into long-running academic fraud at UNC-Chapel Hill's African studies department.

It has to do with a conclusion he delivered to the UNC Board of Trustees on Dec. 20. That finding would help absolve athletics officials and academic support staff for athletes of any wrongdoing because Martin said they had twice sounded a warning about suspect classes.

"On two occasions (in 2002 and 2006)," Martin told the trustees, "leaders of Academic Support for Student Athletes brought to the Faculty Athletic Committee their concerns about students taking nominally lecture courses that did not meet and only required one 20-page term paper, and other forms of questionable independent study."

His letter first appears to say our Sunday report hadn't shown enough homework:

"In checking this, you found three members of the committee who deny this was presented, only one of whom was present in April 2002."

Readers should know that our stories don't always include every interview that we do for our reporting. In this case, we interviewed five members of the 2002 committee who said they either did not recollect such a warning or say it never happened. They include the chairman, Dr. Stanley Mandel, and faculty members Lissa Broome, Nick Didow, Gar Hershey, and Celia Hooper. (A sixth, Jim Murphy, briefly said he had no recollection before his wife hung up the telephone.)

Martin's report said the same concerns were raised in 2006. The meeting minutes show references to independent studies being discussed in November 2006 and January 2007. We interviewed three faculty members at the November meeting -- Broome, Steve Reznick and Desmond Runyan, and then Chancellor James Moeser, who was listed as in attendance, and four who were in attendance at the January meeting, Broome, Hershey, Reznick and Barbara Wildemuth. None remembered being warned about suspect classes.

Martin interviewed none of these people. He said that Broome told him after he released his report that he had gotten it right. We talked with Broome after the report was released. She said the same thing she told me earlier, that she didn't remember a warning.

Martin's letter continues:

"While discrediting testimony on behalf of ASPSA as self-serving, you need similar skepticism about motives of the accusers."

Martin's basis for the red flag finding comes from officials with close ties to athletics: former athletic director Dick Baddour, senior associate director John Blanchard, former academic support director Robert Mercer and Jack Evans, a business professor and former longtime faculty NCAA representative. He acknowledged that those tied to athletics would have a reason to make up a story.

But he also said they were backed up by two others who do not have ties to athletics: Chancellor Holden Thorp and Laurie Maffly-Kipp, who co-authored a special faculty report on the academic fraud that was released July 26.

That report was the first mention of academic support being told not to question how classes are taught. It came after we had broken a big story on the case, that Nyang'oro had formed a no-show class four days before the start of a summer semester and it immediately filled with football players. Thorp said in that story that academic support staff helped the players enroll in a class that staff knew did not meet.

Maffly-Kipp has now acknowledged that she and her colleagues on the special committee never investigated the red flag claim. That information was provided to her by Thorp. His spokeswoman referred me to the 2002 minutes.

Which brings us back to the remaining point in Martin's letter:

"The minutes of that meeting clearly state that this subject was discussed, and there is an appended 'Report on Independent Studies.' For our part, we relied on this and four witnesses who were there and affirmed it happened, plus a later conversation with a participant who did not deny it."

We reviewed the minutes and posted them online for readers to judge for themselves. (They are also attached to this post.) We did not see a warning about lecture style classes that didn't meet, or out-of-control independent studies. There is nothing in the "Report on Independent Studies" or in the minutes that suggest any kind of problem with the African studies department.

Blanchard was an author of the 2002 independent studies report. He said he does not remember much about it other than "just reporting on independent studies." He said he twice raised concerns to the committee in 2006 about an African studies professor offering lecture-style classes as independent studies. We asked if he had any records or correspondence to back up that assertion. He said he had none.

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So what?

My response to this tit-for-tat between the Governor and Kane is, "So what?"

At some point, members of the UNC community got concerned about independent study classes taken by students and by student athletes. A brief investigation was done into the proportion of students and student-athletes taking these courses. Based on that data, they decided not to investigate further. Perhaps it's because they believed the data was sufficient. They were wrong. Perhaps it's because they were lazy. The easiest explanation is that we got very full of ourselves at UNC and we didn't want to believe that academic fraud was occurring, so we didn't look. The politics alone of investigating the AfAm department would have kept all but the most intrepid from looking into fraud. We got caught sniffing our own ACADEMIC scent and thinking everything was roses. It seems most likely that the error made at UNC was not being diligent enough. Why, then, must the N&O keep implying that this is all a massive, intentional conspiracy to keep athletes eligible?

I have finally figured it

I have finally figured it out. NCSU blames everyone for their shortcomings except themselves. If it is games lost, it is the refs, if it their academic reputation, it is because of the BOG and BOT, if it is 30 years of non-existence in sports, it is the schills at UNC holding them down. Are you folks at NCSU accountable for anything? Have you ever lost due to your own mistakes? Have you hired the wrong people and put them in the wrong places. Ive never seen people play the victim up as much as folks from that university do. It is sad to watch.

You a

smart you

UNC Apologist - laughable

The comments are amusing in their attempt to disparage Dan Kane. It is obvious by the above "About The Blogger" that Mr. Kane is quite busy with other reporting. The amusing part is that I agree that he is not taking it seriously as he does not have to. This is child's play for Dan Kane and he is merely waiting for the right time to let it all out. No sooner than a UNC person of authority muddles some response or excuse or cover up of the highest level of cheating ever in college sports and Mr. Kane calls them on it. It must be laughable at the N&O to take on these buffoons at UNC. I do not belittle those at UNC as it is hard to cover up so much. They are not going to win this and the sooner they take the right steps the better. Or this will end up National News and a real investigation will take place and at that time Marvin will not have to "spill the beans" as he and others will be forced to testify under a court of Law. Tutor, secretary to the head professor and the pay for said professor will come to a halt and he will have to revisit the scene of the crime to prove he deserves it and then testify. The Governor of Penn is taking on the NCAA and I say good for him. The NCAA's tight lipped response to this disaster of academic sports integrity will follow that action to be the beginning of the end for the NCAA and the revealing of the Carolina Way. And NO! All colleges do not do what UNC did. Do other colleges cater to the athletes, yes, do they give false grades and degrees. No!

Mr. Kanes job is to sell

Mr. Kanes job is to sell papers and seeing as people in Raleigh hate all things UNC, this sells papers. Nothing more nothing less. You think he cares about academic integrity or sports at all? There was an independent investigation done by a nationally recognized auditing firm. There will be no court, no national news (the pennsylvania governor is trying to get votes period, that wont even see court) and nothing more. Its a shame the obsession people have over UNC. I had no idea the little brother syndrome was so strong in Raleigh. Hold yourself up instead of dragging others down and then you will begin to make some head way.

I hope you are done

Your newspaper does some great investigations, but this is is not one of them. The weight the N&O gives this petty story is perplexing. It seems you continue to write about this until your efforts are validated by a grand jury or someone's head on a platter.

When will this story be done?

Are there not more important things to write about? Are there no more questionable deals made by public officials worth investigating? Have all the innocent people in prison been freed? Have lobbyists stopped buying legislation?

Dan Kane isnt lying.... but

Dan Kane isnt lying.... but neither is Gov. Martin. His report is not a coverup or a whitewash but perhaps could have been more thorough. Dan Kane is a fine journalist I`m sure, but sometimes the story comes to an end or just doesnt really go anywhere...no matter how badly one may wish that it would. This "story" is growing stale for front page / op ed news.

If the N&O is serious about change in college athletics, then the N&O should stop glorifying it on its sports page and front page.
No more special pull out sections. No more banner headlines when a team wins a championship. No more glossy,color ads for ticket sales from the area schools. No more sports columnists (so long Caulton, JP, and Luke).

Turn you sports coverage into a one page insert with scores, schedules and stats.... and start talking about something that really is a story (mental health, deficits, entitlements...there is plenty else to pick from) but this "story" has turned into a pi!!ing contest...and it`s tiresome.

Dan Kane is not making the final decisions on this series

John Drescher is doing the "play calling." Drescher is thinking "Pulitzer, Pulitzer, Pulitzer" and "revenues, revenues, revenues."

I agree the story has reached its end. But Drescher is counting on Wuffies and ABCers to continue paying for Kane's time and effort in trying to dig up stale and hashed over (and over and over) reports. And they are NOT disappointing him.

I'm quite certain Dan Kane is a decent reporter. Even he may be getting tired of beating this "yesterday's news" story. But, until enough readers say "enough is enough," and let's get to the real crises this state faces, like those you mentioned -- which I'm certain the Wuffies and ABCers will not do in this decade -- this story will continue to dominate the entire paper. The only saving grace may be if the N&O is in such dire financial straits it may not last much longer.

Then, and only then, will those who hate UNC more than they love life have to find some other venue to voice their venom and vitriol toward any truth they so desperately want to think is a coverup.

Tudor is a true sports columnist. Thank God he has enough seniority and common sense to have largely stayed above Holy War UNC haters continue to wage.

This story has not reached

This story has not reached its end nor will it so long at UNC stonewalls and obsfuscates the issues.

UNC could truly end this story by coming clean. The central issue is that several athletes maintained their NCAA academic eligibility by being steered quite deliberately to take classes created by a corrupt professor and department head that required no work, required no attendance, and routinely allowed plagerism in the classes that actually did require the most insignificant degree of work.

UNC should have fired the professor (not allowed him to retire), and should anyway rescend his retirement pay and force the professor to defend his career in court if he wants to fight it.

UNC should have long ago released their records showing that academic advisers working for the athletic department steered certain athletes to these courses. We have sufficient evidence to show this happened.

UNC should self-report these true violations to the NCAA, effectively admitting that they engaged in a planned conspiracy to maintain high graduation rates and academic eligibility through such unethical means.

Now, if UNC did all this tomorrow (which they could) then I would agree that the story would be ended, and all that would be left would be for the NCAA to decide whatever punishments it would wish to hand down.

But, you know that's not going to happen. So, the story remains alive and active long after it should have ended. As so often is the case, it is the conspiracy to hide the truth that ends up dwarfing the original actions.

And one last thing -- I don't hate UNC! I don't hate any university. Not literally nor figuretively. I'm a 49 year old man who served this nation for 24 years and spent the last 10 of them hunting down al Qaeda terrorists. Those of the types of people I hate.

This isn't a game. This isn't some cheap replacement for good natured school rivalry best exemplified on the sporting fields and courts. This is about the integrity of our higher education system. For me, that's vitally important and cannot be allowed to obsfuscated.

A quick google search of

A quick google search of your name shows your ties to NC State, which was predictable to say the least. You do hate UNC, just like the rest of your NCSU brethren and wish to see their name ruined due to the shortcomings of your own athletic programs. Predictable and sad to say the least, but thank you for your service to our country none the less.

Predictable that a few would

Predictable that a few would use any thread of evidence to surmize that a "red flag" was raised. Even IF clear warnings were issued, there is zero doubt that no formal actions were taken to restore academic integrity to the classes and to ensure that no student-athlete was able to use bogus classes to maintain academic eligibility.

We are mired in tangential issues, but it is worse than even that.

Frankly, mere mention of a subject without any context of what was actually said cannot be logically taken as indication of a warning. A warning is the level at which reasonable people conclude that a "red flag" was raised.

Further, to interview five people who were at these meetings and have none of them assert there were any warnings raised, is pretty damning to the accuracy of the claims there were such warnings raised. I don't see how any fair-minded person can argue with that.

I can see how people with an agenda would try to attack the messenger, but that speaks a lot more about the motives of the attackers than it does on the actions of the messenger.

Jim Martin attempted to defend himself by openly questioning the journalistic integrity of the messenger. The messenger then provided significant proof that proper journalistic method was used -- in fact, he used more than is normally required. The journalistic standard is to have three separate sources on the record, whether quoted or not. Dan Kane had five.

This is sad

It's obvious that the concept of context clues evade you so let's use a thought experiment in order to illustrate this point.

Assume you are sitting at home one night and a police officer comes to your door. After opening the door the officer says, "Mr. kenstallings, we have further investigated the evidence surrounding what happened on November 22nd and found that you did not abuse your child."

Now a reasonable person would conclude that concerns were raised about the possibility of you abusing your child on November 22nd. I assume you can piece together how this hypothetical applies to the committee minutes when they state, "Based on this review, the committee did not feel that the level of independent study registration by student-athletes reflects abuse of the opportunity." although given your competency with context clues I am probably wasting my time posing a thought experiment.

Reading for comprehension

I just read the minutes that Kane specifically uses to "debunk" Martin's claims. The portion that is most relevant is when the minutes state, "Based on this review, the committee did not feel that the level of independent study registration by student-athletes reflects abuse of the opportunity."

Now a reasonable person would ask themselves, 'Self, why would the committee specifically say that the actions of the athletes did not constitute abuse if no one raised a red-flag about potential abuse? Does the committee typically say that, after "further reviewing" the data, no abuse was found in regards to other issues? Why was this "further reviewing" necessary if it wasn't discussed as a potential problem previous to the meeting in question?'

Further, in the second attachment the notes state that questions were raised regarding "Issues raised by the Auburn incident that involved unusual concentration of independent study courses supervised by one faculty member."

It takes a special kind of moron to say that what was included in the notes did not show evidence of warnings regarding the classes. It takes an ever worse kind of moron to attach, as evidence, documents that specifically contradict what is being asserted.

No, it takes someone with an

No, it takes someone with an agenda to claim that what was in those minutes is clear evidence that warnings were raised. One can speculate all day long as to what was actually said. But, when five people at the meetings say no warnings were raised, and you were not there to offer personal refute, then your claims against the journalist remains about as empty as the claims by UNC faculty and administrators that they used the highest levels of academic integrity vis-a-vis maintaining academic eligiblity on the part of these troubled student athletes.

Just so everyone is clear,

This NC State fan thinks that a person's memory of a meeting that took place over a decade ago is more valuable than the official minutes of said meeting. This is akin to trusting eyewitness testimony over dna evidence. One is official and one is imminently fallible.

I just want everyone to understand the kind of critical thinking involved with these people.

If you read my thought experiment in the other comment I'm sure you would understand why there is clear evidence that the issue was raised. Actually, given your comments, I'm not sure you'll understand.

Or it takes someone with an

Or it takes someone with an agenda to claim those minutes ARE NOT clear evidence that warnings were raised. Just admit that no one will be happy until banners come down in the Dean Dome and call it what it is. A mission to destroy the legacy of a great institution and a great athletic program due to the shortcomings of your own accomplishments and the fact that you feel as if you have been cheated. The mentality is akin to a "the refs made us lose that game". No one but NCSU imposed those penalties on themselves. And now you want UNC to do the same because you only think it is only fair. Sorry, but that isnt the way it works, the UNC administration is smarter than that. There is no need to enact such extreme measures, just investigate the problem, fix the issues, and move on. NCSU fans wont be happy regardless of what happens. They want UNC wiped off the map for whatever reason and wont be happy until that takes place.

hahaha

Does anyone even fact check what Dan Kane writes or do you just throw spaghetti against the wall and see what sticks? You can bicker over whether action should have been taken, or if it reflected an abuse, but when the minutes state: "Based on this review, the committee did not feel that the level of independent study registration by student-athletes reflects abuse of the opportunity" you can't then say the minutes are eveidence that a discussion on the topic never took place. This is a new low in reporting even for the N&O, thanks for posting the minutes though, as they directly contradict your article and show how much you are grasping at straws these days to hold on to any bit of journalistic integrity.

Yep

"Based on this review, the committee did not feel that the level of independent study registration by student-athletes reflects abuse of the opportunity"

nothing to see here, move along

Yes, let's just ignore 500

Yes, let's just ignore 500 illegal grade changes and 200 fake courses that benefitted athletes.

I'm sure that all bandwagon CHeat fans who don't care about academic reputations feel that way.

There doesn't

appear to be any level of concern in the minutes you quoted. Hardly a case raised for red flags based on what's in the doc.

In fact, they point out that two classes had "30 of the 40 registrations" made up of student-athletes, but fail to see that as a potential problem.

If there were no concerns,

If there were no concerns, then why were they even looking at it? People dont just get tasked with looking at data because someone didnt raise a "red flag" about an issue.

Furthermore, it appears that

Furthermore, it appears that the N&O's own Robbie Pickeral was at the 2006 meeting in which independent studies and the Auburn incident were discussed. Perhaps some intrepid reporter would have had enough sense to contact her to see if she remembered what was discussed or track down her notes from the meeting.

Thank you thank you. I was

Thank you thank you. I was thinking the same thing. Is no one actually reading the minutes he posted? In the 2002 minutes on the FIRST PAGE, it references them looking into independent study classes. Then AGAIN, in 2006, as Martin stated, there was MORE discussion about the independent studies classes and the Auburn situation. I have come to realize that the supporters of Mr. Kane arent actually reading what it is he is saying. Unless Mr. Kane wants the minutes to say, "A WARNING WAS ISSUED TO WATCH NYAGARO INDEPENDENT STUDY CLASSES", the minutes reflect exactly what Martin said they reflected. Weird.

Don't you think that if such

Don't you think that if such a clear warning was raised that such a clear warning would be referenced in the minutes? Why would something that vital -- something that if not heeded could impact UNC's standing with the NCAA and greatly harm the bottom line -- be omitted from the minutes if issued as a warning?

Given what we know was going on with those classes taking place under Nyagaro's nose, yes it is reasonable to read something precisely worded as you put it! If something could cost my company tens of millions of dollars in lost revenues, I certainly would say it that clearly and insist the statements in the minutes clearly reflect I said it!

It is called fiduciary responsibility!

Have you ever taken meeting

Have you ever taken meeting minutes? I have a number of times. You use generalities to relay what was discussed. Unless it is recorded and minutes typed later, it is a summary of discussion. Until UNC self-imposes penalties as NCSU did under Valvano (which NCSU shouldnt have done) the ABC'ers wont be happy. Which means they will never be happy because UNC isnt dumb enough to just nuke the whole program because NCSU alumni want them too.

LOL! I'm sure that the

LOL! I'm sure that the issue of illegal grade changes and "paper classes" taken by dozens upon dozens athletes in order to keep the eligible to play sports got glossed over in shorthand.

In case you missed it, no one at the meeting said that any issue was ever raised... with the exception of your jock-sniffing pseudo professor Broome (who was caught in her lie).

Former Gov Martin to take 6 month cruise . . .

I voted for and liked the guy.

I really don't think he's as incompetent as this poor excuse for a "report" and even worse "reply" would have one think.

The ONLY plausible answer seems to be massive cover-up, a complete soaking of taxpayer monies, or both.

No reasonable person would take 3+ months to deliver nothing of substance - then try to defend it with "my hands were tied. . .". That should have come out week 1 - not week 15.

It always hurts more the longer you wait. SOMEONE on the BOG needs to grow a pair and INDEPENDENTLY investigate. This stinks of cover-up and somebody is going to talk(and have the evidence to back it up). They always do. . .

It took so long, as Martin

It took so long, as Martin said, because of the countless "leads" he had to follow that were given to him by citizens and the N & O. The man did a fine job. Just because someone doesnt like what the report said, they call it a sham. It is just like blaming refs for a loss and then saying the other team had them in their back pocket. Which in never the case, the real explanation is sometime you win and sometimes you lose. Sometimes you are wrong and sometimes you are right. The End.

It took so long

Exactly. Nothing less than "the entire university is a sham and must be shut down" is going to satisfy the aggies and kandy kane.

Really? Did a fine job?

Really? Did a fine job? Then why did he not interview every single person who attended those vital private meetings to establish if one of the most critical conclusions in his report was universally agreed to?

You know he had the time. You know full well any request for interview of those people would have been cooperated with. Martin has all the background required to conduct such a complete investigation.

Instead, five members of the committee says that what Martin said took place did not take place. We find out that Martin simply handed the report to one person at the meeting and once he got a "thumb's up" that it looked good, that was good enough for Martin to publish the report!

That is sloppy at best. But, common sense says it has to be more than merely sloppy. It frankly looks like Martin got that butt covering he needed to publish something acceptable to the university's interests and avoided looking further lest he be compelled to publish something else.

He looked at something like

He looked at something like 180,000 enrollments during his investigation. The fact is the ABC'ers wont be happy regardless. He does an investigation and now people want to move the goalpost and say he should have done this and should have done that. He, and the nationally recognized firm sifted through ALL the data and issued an honest fact filled report. Just because he didnt do what every single person wanted him to do makes it a sham? Give me a break. If he would have interviewed EVERY SINGLE PERSON from EVERY SINGLE MEETING, and the outcome was the same, people would say he didnt do something else. You cant win with people that have a personal vendetta. Nothing makes them happy.

He didn't even interview a

He didn't even interview a single basketball player. He only talked to 1 or two football players. You can't find what you don't look for.

UNC and athletic corruption

I believe Gov. Martin is an honorable person. However, he was hired by UNC and as such he was not truly independent. I doubt he was explicitly told to steer the investigation away from the athletic department, but it is obvious that this was the outcome desired by the UNC-CH administration. The UNC athletic “brand” is worth millions to UNC-CH. What do you suppose would have been the result if Martin had admitted the fraudulent program was mainly run to benefit the athletic department? I believe if this had happened, the NCAA would have been forced to act and the UNC Basketball program would have been directly on the hit list. Only a fool would have lit that match. Martin isn't a fool. What shocks me is that someone working for the N&O keeps pushing the case. Times certainly have changed.

UNC and athletic corruption

Athletics has been totally corrupt at UNC-CH and the rest of the UNC System Schools for decades. Long past time to fire all the coaches, the sports, teams, and the sports boosters.
College sports, the biggest taxpayer and student rip-off around.

In your court

The ball is back in your court Gov. Martin because you've just been served!

it appears that the

it appears that the once-esteemed ex-Governor was easily duped and is now part of the coverup...although he clearly has not done a very good job of it.

As usual with that bunch of

As usual with that bunch of losers in ch, they feed the crap and expect everyone to follow blindly, the ex honorable martin included. This isn't the stone ages any more...Martin/UNC, you have been called out.

Struck a nerve

It appears that Gov. Martin has really gotten under the skin of ol' Danny boy.

Not exactly. Danny Boy as

Not exactly. Danny Boy as you call him, just points out the glaring lies as told by the ex honorable martin.
Martin stepped in a pile of poo and "DannyBoy" will call him on it.

Danny Boy is the liar

And his target audience continues to gobble it up. But his agenda has been exposed.

Nice. Accusing Dan Kane of

Nice. Accusing Dan Kane of lying...when in fact UNC has been caught in so many situations of hiding facts, misleading investigators, refusing to be transparent with information, cheating, etc. Dan Kane's only agenda is to expose the truth, something obviously foreign to those caught up in the UNC scandal. Even some of UNC's own have attempted to reveal the truth (ie J. Smith)...and he was quickly dismissed by Gov. Martin as not being relevant. Kane clearly shows the contradictions in former Gov. Martin's reports - to which Gov. Martin is free to respond. Don't look for a response, though, as Kane's facts are hard to contradict and his investigation more thorough. And...bonus...he wasn't paid by UNC.

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About the blogger

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 dan.kane@newsobserver.com or 919-829-4861
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