UH receives NCAA notice of allegations regarding men’s basketball program

The University of Hawaii received Saturday the NCAA Notice of Allegations regarding the men’s basketball program.

In the notice, the Rainbow Warriors basketball program was cited for a total of seven Level I and Level II violations.

Level I violations are regarded as a “severe breach of conduct,” intended to provide a competitive advantage. Level II violations are considered “significant” in nature.

The most flagrant: Assistant coach Brandyn Akana providing former star forward Isaac Fotu with an iPad, and knowingly altering a document of then-prospect Stephan Jankovic.

Former head coach Gib Arnold was singled out for influencing staff and team members to fabricate stories or refrain from reporting to NCAA investigators.

Arnold, Akana and Fotu were removed from the program as a result.

Back in August, the university hired an Alabama-based law firm who had previously worked on NCAA cases involving Cam Newton and Johnny Manziel. At the time, athletics director Ben Jay described the hire as the best way to prepare for whatever documents the NCAA would present the school with.

“We take these allegations very seriously,” UH Manoa Chancellor Robert Bley-Vroman said Saturday through a press release. “As a member of the NCAA, we are committed to following the rules and to maintaining the highest standards in all of our programs.”

According to the NCAA process, the next step is that UH and named individuals have up to 90 days to respond. Then the NCAA enforcement staff has up to 60 days to reply.

UH expects a hearing before the Committee on Infractions to be held in approximately six months.

The university said in a press release Saturday that it “cannot comment on the substance of the allegations because it is an ongoing NCAA matter, as required by the NCAA bylaws on confidentiality.”

If the allegations are proven true, the team could potentially lose scholarships and be banned from post-season play.

The university could also choose to self-sanction and eliminate itself from post-season play in the hopes of heading off a stiffer penalty.

According to UH, the report — albeit redacted — is being made available in accordance with Hawaii’s public records law and the public interest.

Click here to read the redacted report in full.


Title:19.1.1 – Severe Breach of Conduct (Level I Violation).

A severe breach of conduct is one or more violations that seriously undermine or threaten the integrity of the NCAA Collegiate Model, as set forth in the constitution and bylaws, including any violation that provides or is intended to provide a substantial or extensive recruiting, competitive or other advantage, or a substantial or extensive impermissible benefit. Among other examples, the following, in appropriate circumstances, may constitute a severe breach of conduct: (Adopted: 10/30/12 effective 8/1/13, Revised: 7/31/14)

(a) Lack of institutional control;

(b) Academic misconduct;

(c) Failure to cooperate in an NCAA enforcement investigation;

(d) Individual unethical or dishonest conduct, regardless of whether the underlying institutional violations are considered Level I;

(e) A bylaw 11.1.1.1 violation by a head coach resulting from an underlying Level I violation by an individual within the sport program;

(f) Cash payment or other benefits provided by a coach, administrator or representative of the institution’s athletics interests intended to secure, or which resulted in, enrollment of a prospective student-athlete;

(g) Third-party involvement in recruiting violations in which institutional officials knew or should have known about the involvement;

(h) Intentional violations or reckless indifference to the NCAA constitution and bylaws; or

(i) Collective Level II and/or Level III violations.

Title:19.1.2 – Significant Breach of Conduct (Level II Violation).

A significant breach of conduct is one or more violations that provide or are intended to provide more than a minimal but less than a substantial or extensive recruiting, competitive or other advantage; include more than a minimal but less than a substantial or extensive impermissible benefit; or involve conduct that may compromise the integrity of the NCAA Collegiate Model as set forth in the constitution and bylaws. Among other examples, the following may constitute a significant breach of conduct: (Adopted: 10/30/12 effective 8/1/13)

(a) Violations that do not rise to the level of Level I violations and are more serious than Level III violations;

(b) Failure to monitor (such violations will be presumed Level II but may be deemed to be of a Level I nature if the failure is substantial or egregious);

(c) Systemic violations that do not amount to a lack of institutional control;

(d) Multiple recruiting, financial aid, or eligibility violations that do not amount to a lack of institutional control;

(e) A Bylaw 11.1.1.1 violation by a head coach resulting from an underlying Level II violation by an individual within the sport program; or

(f) Collective Level III violations.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s