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College Sports, Division I, Education

Media Lawsuit Deposition: UNC Compliance Office Maintained Few Written Records Related to the NCAA Investigation

The deposition of Amy Herman, University of North Carolina-Chapel Hill (UNC) associate athletic director for compliance, revealed the UNC athletics compliance office maintained “few written records related to the NCAA investigation” according to an October 19, 2011, newspaper report. The deposition, which was made public on October 18, 2011, was conducted during the pending lawsuit by The Daily Tar Heel and other media organizations against UNC. The lawsuit seeks the release of public records related to the NCAA enforcement investigation into the UNC football program.

According to The Daily Tar Heel, Herman’s testimony included the following tidbits:

  • “Communication between her, then-athletic director Dick Baddour and Chancellor Holden Thorp was conducted almost exclusively face to face or on the phone.”
  • “As the department interviewed football players involved in the investigation, no written record was kept of players’ eligibility statuses.” Herman specifically stated: “It was pretty much in our heads which student athletes were involved.”
  • Herman was advised “in the past” to “avoid creating documents”. The newspaper stated “it was not revealed who advised Herman to do so”.
  • UNC retained Bond, Schoeneck & King to assist the institution with the investigation. However, interestingly, Herman recalled the firm did not interview “neither Baddour nor Thorp” during the investigation. [Note: The Michael L. Buckner Law Firm’s standard operating procedure is to interview the president/chancellor and the director of athletics as part of a major enforcement investigation to obtain, at a minimum, information detailing the institution’s commitment to institutional control, shared-responsibility and proactive monitoring.]
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About Michael L. Buckner, Esquire

An attorney who provides clients with internal investigation, civil litigation, estate planning and compliance services.

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