Bill Martin’s Cover-Up and Failure to Report Violations, and RR’s Promotion of Un-Compliance

For those of you who don’t want to read everything, let’s summarize the Twelve Common Sense Conclusions you draw from reading the entire public record and both UM & RR Filings:

1. Missing Important Evidence: “Everything” is not there: UM & NCAA never bothered to get RR’s Blackberry texts – which would clearly help fill (among other things) the giant vacuum in the factual background as to:

a)   Communications between RR and his “Hip Pocket” Guys at Schembechler Hall (Labadie & Draper) about the “crashed” Practice and Coach-number monitoring systems for 18 months; and

b)  The extent to which anyone should believe RR’s implicit excuse that he was the “Boy in the Bubble” for compliance issues, and the extent which he dissembles with his schoolboy assertions that he “Didn’t Know, Didn’t Read, Didn’t Hear, and Overlooked.” (RR’s Deposition in the WVU case showed, for example, he knew, in fact, that any “sport-specific” activity by a staffer makes him a “coach” for NCAA bylaw purposes.)  Any reasonable investigator would come in- and go out – with the presumption that the Three Amigos – RR, Labadie, and Draper – all knew intimately what each other did.  RR knew, or acquiesced in, the entire “crashing” of monitoring systems led by L&D.  And the NCAA needs to know: everyone – RR’s coaches and assistants, Athletic Dept personnel – they all KNOW that RR’s story is poppycock, and that former WVU Coach Don Nehlen is right: every Head Coach knows EVERYTHING in his program.

2.  UM Brief is an “Intentionally Incoherent” tap dance to distract the NCAA from what the evidence shows:

a) “Lack of Institutional Control” within RR and Martin’s operations:

b)  AD Martin’s attempt to cover-up past and ongoing violations for at least 8 or 9 months before the Freep blew his plan.

3.  UM Filing unfairly, and in bad faith, singled out CSO Chief Van Horn as the primary cause of Violations. In fact,  Martin subverted Van Horn and failed to back her up, when he took over the Excess-Practice & Coach issues from her in January ’09, and did close to nothing for 8 months in his effort to cover-up the problems.

4.  UM’s jejeune “Inattention” overall theory insults the NCAA, and prevents real “corrective measures” from being applied:  UM’s theory of the evidence – that the Violations were all the result of alot of “Inattention”–  is intentionally misleading.  Not only is it a 50-cent conclusion – which could be drawn by any idiot, concerning almost any event in which humans are involved, including “one’s failure to stop and get milk on the way home”, but it cost a half a million dollars in legal fees.  And it doesn’t tell you anything – which is exactly why the UM legal team chose it. It’s bland, but it’s also the only alternative to telling the truth, which the UM legal team clearly had figured out: that Martin covered-up and failed to report, in violation of Bylaw 10, and RR not only never lifted a finger to “promote” compliance, but he had to have known everything that his “Home Boys” (Labadie and Draper) were doing to tube the monitoring functions. The NCAA should be furious.  And UM’s use of this sophomoric, meaningless “first-reaction” explanation is evidence that UM is intentionally dissembling in its formal response to the NCAA.

5.  Bill Martin and RR’s “Atmosphere of Un-Compliance”:  UM’s Big Fib is that RR “promoted an Atmosphere of Compliance”: there is zero evidence to support that conclusion.  The evidence, in fact, shows affirmative steps and decisions by RR and Bill Martin to “promote an Atmosphere of Un-Compliance.”

6. RR’s Compliance “No-Management” Paradigm – explicitly stated in his  own Filing (assign it out, and if you never hear back, assume all is compliant) — was a major cause of the Violations. (This “hey, I gave it someone else and they screwed it up” excuse is ironically echoed in RR’s comments after the Iowa loss, about “defense” having been “assigned out” to others on his staff.)

7.  “Don’t Ask Don’t Tell” Compliance Ethic promoted by RR and Bill Martin

8.  RR’s “Hip Pocket” Guys – Labadie and Draper, succeeded in crashing the vast majority of the required monitoring systems for 18 months.

9.  Bill Martin apparently intentionally undermined the 5/07 University Audit of records. He clearly was onto the problems by January, but did essentially zero to insure that CARA (Practice Time) records would be available at the Audit.

10. Bill Martin violated Big Ten and NCAA regs by repeatedly failing to report (and undertake to investigate) possible Practice Time and Coach-number violations for at least nine months. Martin covered-up.  And the record suggests he directed a series of events and actions by his  underlings which covered-up those violations for the first 8 or 9 months of 2009 — until the Freep backed him into a corner.

11.  RR’s and Bill Martin’s astonishing failure to sanction or fire Labadie & Draper at any time can only be explained by their satisfaction with L&D’s performance – and a desire to “buy” their continued silence and cooperation. The last thing RR and Martin wanted to do was alienate L&D by sanctioning or firing them. Labadie and Draper worked day-by-day with RR, and know alot more than what they are telling.

12.   Job Descriptions produced at last minute, combined with the huge preceding one-year “Tafffy-pull” to get them from Labadie and Draper, are further evidence that Bill Martin’s department had a clear “Lack of Institutional Control.”

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
This entry was posted in David Brandon, Mary Sue Coleman, Michigan Football, NCAA Investigation, NCAA sanctions, NCAA Violations, Rich Rodriguez, University of Michigan and tagged , , , , , , , , , , , , , , , , . Bookmark the permalink.

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