banner
North Carolina

Lawyer: Former UNC player denied due process by university

Posted September 13, 2012

— In an effort to collect the difference between the NFL’s minimum salary and a lucrative first-round draftee’s contract, lawyers for former University of North Carolina at Chapel Hill football player Michael McAdoo argued on Thursday that his case was not handled properly by the university and the NCAA.

According to McAdoo's lawyer, Noah Huffstetler, North Carolina officials skipped an important step in due process when they reported academic fraud allegations to the NCAA before McAdoo had received any procedural guarantees under the university's honor court system. North Carolina Logo Archive: UNC football investigations

In the end, McAdoo was found guilty of one of three separate allegations of the UNC Student Honor code, but he was ruled permanently ineligible by the NCAA. 

Huffstetler said Thursday that McAdoo hadn’t received any procedural protections guaranteed him by the honor code before the NCAA made its decision and also argued that the university’s honor code is a binding agreement between the school and students. McAdoo Lawyer Lawyer: UNC denied McAdoo due process

“When the student is admitted to the university and signs this instrument, we don’t think that is a one way agreement,” Huffstetler told a three judge panel at the state Court of Appeals Thursday.

Based on that argument, McAdoo’s lawyer said his client should not have been ruled ineligible for the 2011 season, a season Huffstetler contended would have been important for his professional prospects.

Citing an affidavit signed by a sports agent with 16 years of experience, Huffstetler said that McAdoo would have made more money had he participated for the Tar Heels in 2011.

Stephanie Brennan, a lawyer for the Attorney General's office who represented UNC, said Thursday that McAdoo's claims are irrelevant because of his admitted academic fraud and his status as a current NFL player for the Baltimore Ravens. 

Paul Sun, an attorney for the NCAA, said the voluntary body of member institutions isn't bound by the decisions of a member institution's honor court and reiterated McAdoo's admitted academic fraud. 

"It's undisputed that Mr. McAdoo knew what he was doing. He was turning in the tutor's work as his own," Sun said. "He turned in Jennifer Wiley's work and claimed it to be his own."

Huffstetler said McAdoo did not knowingly commit academic fraud and said he had every reason to believe Wiley knew university and NCAA rules and was following them. 

In a Sept. 7 filing, McAdoo's lawyers offered five documents from UNC's own investigation as evidence that McAdoo did not "knowingly or willfully obtain improper assistance." The lawyers say the court didn't have all the information necessary before it dismissed his case.

"By UNC's own admission, there are were serious irregularities in the way in which the course in question was conducted," McAdoo's lawyers wrote.

They use the university's internal investigations into the AFAM department and a report on irregularities in the Academic Support Program for Student Athletes to demonstrate that UNC had doubts about the integrity of the class in which McAdoo allegedly cheated.

The Court of Appeals did not make a decision Thursday about whether the case could go back to the trial court, but a ruling is expected within the next 90 days. 

McAdoo was one of seven players forced to sit out the 2010 season while the NCAA investigated the Tar Heel football program. The NCAA ruled McAdoo ineligible for receiving improper assistance from tutor Jennifer Wiley on multiple assignments across several academic terms.

The university began an internal investigation of the AFAM department after McAdoo's lawyers included an assignment in court filings. The paper, written for class taught by then-department head Julius Nyang’oro, was revealed to be largely reproduced from other sources.

56 Comments

This story is closed for comments.

Oldest First
View all
  • Toddler10-21 Sep 15, 4:12 a.m.

    Dude just move on with your life. I guess the Ravens cut you? Did you ever think that just maybe you werent good enough? Stop making excuses!

  • heelsforever Sep 14, 11:30 a.m.

    TBK... I believe you to be "half right". I have NO doubt that McAdoo did what he was... View More

    — Posted by Objective Scientist

    I didn't really mean the "He didn't cheat" part. That whole post was based on what he... View More

    — Posted by TruthBKnown Banned Again02

    How high does it go and what can be proved? I have no doubt that student advisors in the... View More

    — Posted by 4tarheels

    Yes, proving things get more difficult with stuff like this going on.

    http://www.newsobserver.com/... View More

    — Posted by TruthBKnown Banned Again02

    Didn't you get the memo that UNC fans don't give the N&O clicks anymore?

  • TruthBKnown Banned Again02 Sep 14, 11:16 a.m.

    He didn't cheat. He did as he was told. He was a cog in the cheating machine that is UNC-Chapel... View More

    — Posted by TruthBKnown Banned Again02

    TBK... I believe you to be "half right". I have NO doubt that McAdoo did what he was... View More

    — Posted by Objective Scientist

    I didn't really mean the "He didn't cheat" part. That whole post was based on what he... View More

    — Posted by TruthBKnown Banned Again02

    How high does it go and what can be proved? I have no doubt that student advisors in the... View More

    — Posted by 4tarheels

    Yes, proving things get more difficult with stuff like this going on.

    http://www.newsobserver.com/2011/10/21/1583361/unc-ch-avoided-creating-public.html

  • Objective Scientist Sep 14, 10:31 a.m.

    To add to my earlier post in responding to TBK...

    By observation is that our universities are building what amounts to "palaces" called something like "Athletic Academic Support Centers" that are monuments to intercollegiate sports in general but primarily to football and basketball. Concomitantly, large staffs - generally well paid - of "counselors" and tutors are hired. All that... MILLIONS being spent for what amounts to a very small portion of all athletes... and an incredibly small portion of all STUDENTS. Would it not make more "sense" to simply not admit those who need that amount of support to succeed in academics while they play their sport? It seems both athletic departments and their respective universities to which they are "attached" - but operate independently of - have decided to spend more and more money on the "few". I definitely do not think that to be necessary and in the end the "return" on that investment is not good. The NFL and NBA in particular need to come up with a "farm" or minor league system similar to MLB that will develop and "feed them" the superior athlete who often lacks both ability and motivation to succeed in a college classroom. Colleges/Universities need to stop admitting such individuals - PERIOD! I am of the opinion we would still have outstanding and competitive football and basketball.

  • Dido Sep 14, 8:48 a.m.

    The guy turns his tutor's work in as his own and he DIDN'T know that was wrong??? Sounds like he was too stupid for college in the first place. Now, he's playing for the NFL, making more money then he's probably ever seen, but thinks he would have made more $$$ if he stayed his Senior year? Three words: Boo-Freakin-Hoo. Shut up and go back to Baltimore.

  • 4tarheels Sep 14, 8:20 a.m.

    He didn't cheat. He did as he was told. He was a cog in the cheating machine that is UNC-Chapel... View More

    — Posted by TruthBKnown Banned Again02

    TBK... I believe you to be "half right". I have NO doubt that McAdoo did what he was... View More

    — Posted by Objective Scientist

    I didn't really mean the "He didn't cheat" part. That whole post was based on what he... View More

    — Posted by TruthBKnown Banned Again02

    How high does it go and what can be proved? I have no doubt that student advisors in the athletic department steered players into AFAM for passing grades, but the NCAA and the courts won't care unless it can be PROVED that someone WAY UP the food chain was involved.

  • TruthBKnown Banned Again02 Sep 14, 7:15 a.m.

    He didn't cheat. He did as he was told. He was a cog in the cheating machine that is UNC-Chapel... View More

    — Posted by TruthBKnown Banned Again02

    TBK... I believe you to be "half right". I have NO doubt that McAdoo did what he was... View More

    — Posted by Objective Scientist

    I didn't really mean the "He didn't cheat" part. That whole post was based on what he is claiming. What he did was cheating, but it was also what he was directed to do. In other words, it wasn't just HIM cheating.

  • NCSU79 Sep 14, 6:41 a.m.

    Is that the Nuremberg/My Lai defense - I was only following my tutor's orders?

  • WolfpackInDaHouseV.13 Sep 14, 5:35 a.m.

    Huffstetler said McAdoo did not knowingly commit academic fraud and said he had every reason to... View More

    "Link, or just what you think?"
    - Posted by playforpayatduke

    From THIS article:



    — Posted by TruthBKnown Banned Again02

    What about getting 12 hours of online "credit" during the summer to become eligible to... View More

    — Posted by Jewelry-EricLeak

    Lol
    I can almost see this one crying while posting.

    Poor thing!

  • heelsforever Sep 13, 9:59 p.m.

    He didn't cheat. He did as he was told. He was a cog in the cheating machine that is UNC-Chapel... View More

    — Posted by TruthBKnown Banned Again02

    Blah, blah, blah.

    Over 32k posts and still obsessing.

    Silly little badger

    — Posted by forautumn

    When you can't argue with logic, call people names and change the subject. The UNC athlete says... View More

    — Posted by shakennotstirred

    Thank God they didn't tell him to murder someone!

More...

 

 

  • CBB: North Carolina vs. Ohio State

    Today at 1:00 pm on WRAL-TV

  • CBB: UCLA vs Kentucky

    Today at 3:30 pm on WRAL-TV

  • NFL: San Diego at San Francisco

    Tonight at 8:25 on WRAL-TV

  • NFL: Panthers vs. Cleveland

    Monday at 1:00 pm on WRAL-TV

  • CBB: UCLA at Kentucky

    Today at 3:15 pm on 99.9 The Fan

  • NFL: Philadelphia at Washington

    Today at 4:25 pm on 620am

  • NHL: Canes vs. NY Rangers

    Tonight at 7:00 on 99.9 The Fan

  • CBB: NC State at West Virginia

    Tonight at 9:30 on WRAL-FM

Scoreboard
Local
Final
PHI 91
CHA 109
1:00pm Today
UNC
OSU
 
4:00pm Today
MVSU
NCCU
 
7:00pm Tonight
UNCW
ECU
 
7:00pm Tonight
CAR
NYR
 
7:00pm Tonight
CHA
UTA
 
9:30pm Tonight
WVU
NCSU
 
Final
PHI 91
CHA 109
Final
ORL 94
UTA 101
Final
CLE 95
BRK 91
Final
BOS 114
MIN 98
Final
DET 100
TOR 110
Final
MIA 103
WAS 105
Final
MEM 97
CHI 103
Final
SAN 119
POR 129
Final
DEN 109
LAC 106
Final
LAL 103
OKC 104
1:00pm Today
NYK
PHO
 
7:00pm Tonight
NOP
POR
 
7:00pm Tonight
CHA
UTA
 
8:00pm Tonight
HOU
ATL
 
8:30pm Tonight
DAL
SAN
 
9:00pm Tonight
DEN
IND
 
10:30pm Tonight
LAC
MIL
 
11:00am Today
LALAF
NEV
2:20pm Today
UTEP
UTST
3:30pm Today
COLST
UTAH
5:45pm Tonight
AFA
WMICH
9:15pm Tonight
BGU
SALABAMA
Final
YOUNG 92
WILB 71
 
Final
TULA 56
JST 49
 
Final
RAD 76
SIENA 66
 
Final
BUCK 88
CASEWEST 65
 
Final
LIB 94
CPNC 65
 
Final
SCAR 68
CLEM 45
Final
CMICH 97
CONC 60
 
Final
MIAMI 44
EKENT 72
Final
GWEBB 91
HIWASSEE 71
 
Final
ODU 60
MDES 43
 
Final
BUF 88
NIAG 62
 
Final
KSU 71
NCAT 57
 
Final
FAM 65
UNF 83
 
Final
NORST 81
NARZ 62
 
Final
DART 58
NILL 55
 
Final
MORE 60
NKENTUCKY 83
 
Final
UCSB 69
SDCHR 46
 
Final
STJ 53
GAELS 47
Final
ALA 69
STILL 49
 
Final
HAMP 66
TENST 54
 
Final
TENN 61
TENT 58
Final
WMARY 86
WSHMD 46
 
Final
MERC 67
COOK 46
 
Final
FLGC 83
FUR 78
 
Final
CALST 49
SDKST 53
 
Final
MTST 68
CHAT 58
Final
NDAK 78
DICKINSON 48
 
Final
LAMON 76
LSUALEX 71
 
Final
PRIN 77
LIP 55
 
Final
LAM 80
MLGN 53
 
Final
MINN 92
SEAT 57
 
Final
LOYC 73
SUTAH 57
 
Final
SELA 81
WINT 71
 
Final
SILL 52
NO 56
 
Final
MARQ 83
ALAAM 49
 
Final
TTU 72
ARKPB 51
 
Final
DEN 84
COLST 85
Final
CREI 75
TXPA 60
 
Final
CAL 78
EWASH 67
Final
UTST 69
IDST 56
 
Final
UTEP 55
ARZ 60
Final
CHAM 63
HAW 94
 
12:00pm Today
GEOR
CHAR
 
12:00pm Today
WKENT
LOU
 
12:00pm Today
MICH
SMU
 
12:00pm Today
CIN
VCU
 
1:00pm Today
BSU
ABCHRIST
 
1:00pm Today
PROV
UMASS
 
1:00pm Today
AMER
MNTER
 
1:00pm Today
UNC
OSU
 
1:00pm Today
IUPUI
SALA
 
1:00pm Today
VILL
SYR
 
1:00pm Today
VT
CITA
 
1:00pm Today
DUQ
MLOWELL
 
1:30pm Today
FAIR
BEL
 
2:00pm Today
YALE
GTDNS
 
2:00pm Today
FD
DEL
 
2:00pm Today
PSU
DREX
 
2:00pm Today
UNCG
ELON
 
2:00pm Today
ILL
MIZZ
 
2:00pm Today
CAMP
MONT
 
2:00pm Today
LONG
PSUBEAVER
 
2:00pm Today
HOU
SCST
 
2:00pm Today
FSU
SFLA
 
2:00pm Today
BING
BONA
 
2:00pm Today
RUTG
RFLSH
 
2:00pm Today
MCNST
TOL
 
2:00pm Today
JVU
TRUETT
 
2:00pm Today
GT
VANDY
 
2:05pm Today
INDST
EILL
 
2:30pm Today
BUT
IND
 
3:00pm Today
STEPH
ARTCH
 
3:00pm Today
OREG
DELST
 
3:00pm Today
Terriers
FATL
 
3:00pm Today
TXARL
HPYN
 
3:00pm Today
KU
LAF
 
3:00pm Today
ARKST
MARS
 
3:00pm Today
MEM
ORU
 
3:00pm Today
KNST
UMBC
 
3:00pm Today
NW
WMICH
 
3:05pm Today
MIZST
EMICH
 
3:05pm Today
CHIST
STJOE
 
3:30pm Today
KENT
UCLA
 
4:00pm Today
COC
DAVID
 
4:00pm Today
RIU
DET
 
4:00pm Today
UCR
HOUB
 
4:00pm Today
MURST
ILLST
 
4:00pm Today
NWST
LALAF
 
4:00pm Today
WAGN
MON
 
4:00pm Today
MVSU
NCCU
 
4:00pm Today
PITT
OU
 
4:00pm Today
TENNM
PBY
 
4:00pm Today
WYO
SOUTH
 
4:00pm Today
AFA
UCD
 
4:00pm Today
MSST
USCU
 
5:00pm Tonight
JMU
HIGH
 
5:00pm Tonight
TXST
HTILL
 
5:00pm Tonight
DRAK
ISU
 
5:00pm Tonight
SHU
UNH
 
5:00pm Tonight
SCU
NE
 
5:00pm Tonight
MSU
TXSOU
 
5:00pm Tonight
UF
WAKE
 
5:15pm Tonight
ND
PURD
 
5:30pm Tonight
SHSU
PVU
 
6:00pm Tonight
AUB
XAV
 
7:00pm Tonight
AKR
BLUFFTON
 
7:00pm Tonight
DAY
BU
 
7:00pm Tonight
UNCW
ECU
 
7:00pm Tonight
CLMB
HOF
 
7:00pm Tonight
GMAS
IONA
 
7:00pm Tonight
TOWS
LAS
 
7:00pm Tonight
MAN
MRGST
 
7:00pm Tonight
CCST
YALE
 
7:00pm Tonight
PEPP
RICH
 
7:00pm Tonight
MAR
STJOE
 
7:00pm Tonight
KYST
TEXAM
 
7:00pm Tonight
MAST
VALPO
 
7:05pm Tonight
UMKC
INCWORD
 
7:30pm Tonight
IDST
CALST
 
7:30pm Tonight
NIOWA
IOWA
 
7:30pm Tonight
SIUE
UWMIL
 
8:00pm Tonight
TEX
LBSU
 
8:00pm Tonight
TCU
TXSA
 
8:30pm Tonight
ARK
SEMIZ
 
9:00pm Tonight
NCOL
JVST
 
9:00pm Tonight
ARST
LEH
 
9:00pm Tonight
NMST
NMU
 
9:00pm Tonight
WASH
OKLA
 
9:00pm Tonight
GRCN
STED
 
9:00pm Tonight
WEBER
WLVRN
 
9:30pm Tonight
WVU
NCSU
 
10:00pm Tonight
SDST
BST
 
10:00pm Tonight
GONZ
CPSL
 
10:00pm Tonight
PAC
FRES
 
10:00pm Tonight
PORT
MNTST
 
10:00pm Tonight
CSNO
TAMCC
 
10:05pm Tonight
UTST
SDKST
 
11:00pm Tonight
BYU
STAN
 
11:30pm Tonight
UNLV
UTAH
 
Final
NJD 3
TAM 2
Final
OTT 6
ANA 2
Final
DET 1
NYI 2
Final
WIN 2
BOS 1
Final
CAL 1
DAL 2
4:00pm Today
LOS
ARI
 
7:00pm Tonight
CLB
CHI
 
7:00pm Tonight
BUF
COL
 
7:00pm Tonight
PIT
FLA
 
7:00pm Tonight
CAR
NYR
 
7:00pm Tonight
MON
OTT
 
7:00pm Tonight
TOR
PHI
 
7:00pm Tonight
NYI
TAM
 
7:00pm Tonight
NJD
WAS
 
8:00pm Tonight
MIN
NAS
 
10:00pm Tonight
VAN
CAL
 
10:30pm Tonight
SJS
STL
 
4:30pm Today
WAS
PHI
8:25pm Tonight
SFX
SDC