Arnold attorney: He was ‘cast as the villain’

Gib Arnold has been unfairly “cast as the villain” in the NCAA’s investigation of the University of Hawaii men’s basketball program and the school “laid down” in not contesting allegations, the fired coach’s Honolulu attorney charged Sunday.

“I realize that (UH) can cast Gib Arnold as the villain. They need to cast somebody as the villain to cover themselves,” James Bickerton said in an interview with the Star-Advertiser.

“But, the simple fact is, the vast majority of the witnesses confirm that he didn’t do the things that he is accused of doing and the people who say he did are people with a known reason to fabricate or have a demonstrated hostility.”

He made the assertions in discussing his client’s reply to the NCAA Allegations.

UH said Sunday, “As our official response to the Notice of Allegations states, UH does not contest the violations and offers no excuses. We respect Coach Arnold’s right to defend himself and look forward to the NCAA ruling so we can move past this unfortunate time period in UH men’s basketball. We are excited about the future under new head coach Eran Ganot.”

UH released its reply to the NCAA Notice of Allegations Friday and in it placed the blame for seven violations, squarely on the coaches, saying, “… for the most part these violations involve either intentional or careless failure of follow well-known bylaws that members of the men’s basketball coaching staff understood but failed to obey. The coaches compounded the adverse impact of these poor decisions when they (1) failed to report to the university’s compliance department their own or other violations in the program; (2) instructed or encouraged staff members and student-athletes to conceal or not report the violations or; (3) provided false or misleading information during the investigation rather than admit the violation occurred.”

Bickerton said the lateness of Arnold’s reply, which was filed Friday evening after an initial 15-day extension, was necessitated by the school “reneging” on a pledge to pay approximately $14,000 in fees due Arnold’s Kansas City attorney, Scott Tompsett, who specializes in NCAA infractions cases.

Bickerton said UH notified the HGEA, which also represents Arnold in grievances against the school, Thursday of its intention to pay the invoice. “They just reneged long enough to make sure he (Arnold) didn’t have Scott Tompsett’s help (in filing the reply to the NCAA).”

Arnold’s response disputes the coach’s responsibility for any of the seven charges listed in the NCAA Notice of Allegations announced in January, Bickerton said.

The NCAA’s Enforcement branch has 60 days to reply to the parties’ responses before the Committee on Infractions meets on the case. A two-day hearing is expected in mid-July, possibly in Indianapolis, where the NCAA is headquartered.

A revised NCAA enforcement model enacted Aug. 1, 2013, increases the scope and severity of sanctions for coaches found to have violated NCAA rules. They may be subject to individual actions, including show-cause restrictions by which any member school that seeks to employ them must make a case to the NCAA.  

Arnold and an assistant coach, Brandyn Akana, were terminated without cause Oct. 28, soon after the NCAA apparently completed its investigation. All-conference selection Isaac Fotu was declared ineligible and subsequently left school and played professionally in Spain.

Arnold also has a $1.4 million grievance pending against UH over the terms of his contract based upon a without cause dismissal.

Bickerton summarized Arnold’s response but declined to release the 51-page document, which is said to cite several current and past UH employees, “because portions of it deal with personnel matters that we don’t have any privilege to publish anywhere beyond (replying) to the NCAA,” Bickerton said. “We have no objection if other people turn over their copies, but we are not going to be furnishing this to the press.”

In the document, Bickerton said, examples are cited of UH officials selectively reporting and acting upon allegations of infractions in not only the men’s basketball program but other sports. It is also said to name “star witnesses” against Arnold, who Bickerton claimed changed or amended their statements to the NCAA after not being retained by Arnold.

Bickerton characterized UH’s response to the NCAA allegations as “Chicken Little-like” and “in fact, as Gib’s response to the NCAA shows, the sky is not falling. The sky is not falling because, as just one example, the car Davis Rozitis was driving for two days was not loaned to him by Brian Uy, an alleged booster, but was loaned by Brian Uy’s girlfriend, while Brian was traveling to the mainland.”

Bickerton said, “There is no evidence that she is a booster, so no violation occurred. Moreover Brian Uy’s own alleged booster status comes from him having once bought two $100 tickets to a UH dinner, where the net charitable contribution was $30 per ticket after deducting for the food, beverage and services. Even more significantly, the $60 donation was to the University of Hawaii Foundation, not to the athletic department. Thus he was not a booster either. The UH is throwing away all of the wins of Davis Rozitis, Scholar-Athlete of the Year, based on their own mistake of not actually studying the evidence. Given their past errors this is hardly surprising, but nevertheless disappointing.”

In Arnold’s reply, Bickerton said, witnesses will attest that director(s) of operations did not coach at practices and the coach promoted compliance with NCAA rules in addressing his team and staff.

Bickerton said, “We think UH was extremely premature — and immature — in deciding to just lay down without contesting these (NCAA allegations). We think they are being advised by an attorney who has basically made a career out of begging for mercy.”

As an example, Bickerton said, “He advised USC to forfeit games, but when the coach had contested all the charges against him he was acquitted on all counts. Nevertheless USC forfeited 21 games.”

USC self-imposed a one-year postseason ban, loss of two scholarships and recruiting restrictions on coaches and vacated 21 victories from the season (2007-08) O.J. Mayo played for the Trojans. USC also returned $206,000 it received from an NCAA Tournament appearance.

Its coach, Tim Floyd, denied any wrongdoing and, after appearing before the Committee on Infractions, was not sanctioned by the NCAA.

A lead attorney at Lightfoot, Franklin & White, UH’s Alabama-based law firm specializing in NCAA infractions matters, which had its name on UH’s response to the NCAA allegations, did not immediately respond to a request for comment.