Newspaper article Charleston Gazette Mail

Attorney for Ex-UNC Faculty Member Disputes NCAA Charge

Newspaper article Charleston Gazette Mail

Attorney for Ex-UNC Faculty Member Disputes NCAA Charge

Article excerpt

Randall Roden, who represents Jan Boxill, filed a 54-page response this week to an NCAA charge that she provided improper academic assistance to athletes. That was one of five charges against UNC tied to its long-running academic fraud scandal, though Roden's response included a letter to the NCAA complaining of an "impossibly burdensome and fundamentally unfair process for gathering and reviewing evidence in the case. Namely, the response states, Boxill has "consistently been denied access to the database of her own emails at the center of the charges.

"They just showed her [emails] that nobody could possibly remember - it was 10 years old - and she says, I don't know, it could be this, it might be that,' Roden said Wednesday in an interview with The Associated Press.

"Well, they were satisfied. That's all they needed to know. She sent the email, they jumped to a conclusion based on what it says on the email about what happened and she's never given a fair opportunity to explain what it really was.

The NCAA gives schools and individual parties named for violations 90 days to respond to charges outlined in a Notice of Allegations (NOA). That's often tougher for individuals compared to a school working with compliance staffers and outside attorneys.

"That creates somewhat of a double burden, said Stu Brown, an Atlanta-based attorney who has worked with schools on infractions cases. "It tends to necessitate the hiring of personal legal counsel and that can be extremely expensive when you think of just the number of documents and number of pages of things that have to be looked at just for somebody to get up to speed on the case.

Both UNC and Boxill filed responses Monday and released them publicly Tuesday. The NCAA enforcement staff has 60 days to respond, which would eventually lead to a hearing with an infractions committee panel.

Among its arguments, UNC stated its accreditation agency - not the NCAA - was the proper authority to handle issues related to irregular courses with significant athlete enrollments in the formerly named African and Afro-American Studies (AFAM) department. …

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