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Lawyer: Davis' records show agent, recruit compliance

Posted September 21, 2012
Updated September 27, 2012

Butch Davis and members of the UNC football team were honored at halftime of the North Carolina Tar Heels vs. North Carolina State Wolfpack game, Saturday, January 29, 2011 at the Dean E. Smith Center in Chapel Hill, N.C.

— Complying with Superior Court Judge Howard Manning's order, former North Carolina head football coach Butch Davis released his 216 area code cellphone records Friday morning. 

Davis made no phone calls between March 2009 and November 2010 to sports agent Gary Wilchard, Chris Hawkins or Drew Rosenhaus, Davis' attorney Jon Sasser said. He also had no contact with UNC professor Julius Nyang'oro, who resigned in July 2012.

No calls were made to potential recruits outside of allowed contact periods.  North Carolina Logo Archive: UNC football investigations

During the 20-month period, Davis exchanged five phone calls with Jennifer Wiley, his son's tutor who also worked with UNC's Academic Support Program and was found to have provided improper academic assistance to players. In the five phone calls, Davis and Wiley spoke for a combined 20 minutes, according to the records.

According to Sasser, four of the five phone calls pertained to Wiley's work schedule. On the fifth call, Wiley approached Davis "as a father figure" and asked about about a meeting with university officials. According to Sasser, Wiley "was concerned and asked him what the meeting was about, who would be present and if she should bring her father." Davis did not have a response for Wiley at the time and directed her to university officials.

Wiley subsequently hired an attorney and refused to answer questions by the NCAA or UNC at the advice of her lawyer and father, according to Sasser.

"As the NCAA found, and UNC has consistently maintained, Coach Davis did nothing wrong," Davis' lawyer Jon Sasser said in a statement. "These phone records should, once and for all, confirm that fact."

Davis also placed numerous phone calls to Director of Athletics Dick Baddour, as well as to assistant coaches Everett Withers, John Blake, John Shoop and others.

On the day Blake was fired, Davis spoke with Baddour four times and other UNC football administrative personnel nine times. Davis' last phone contact with Blake was on Aug. 30, 2010, five days before the assistant was let go and four days before their season opener against LSU in Atlanta.

In the 20 months of records, there were dozens of calls to Kevin Elko, a motivational speaker based out of Pittsburgh. Both Sasser and the university have confirmed that Elko is a close friend of Davis and on occasion spoke with the team.

In his August ruling, Manning said "university officials and coaches may not use their personal cellphones to 'dodge' or evade the North Carolina Public Records Law." 

WRAL News and other media outlets requested Davis' records after learning through previously requested phone records that John Blake, a former assistant at UNC, had repeated contact with Wilchard over a multiyear period. 

Friday, 136 pages of Davis' phone records were released with personal calls redacted. 

Davis was fired by the university in August 2011 after more than a year of investigation and allegations of both football and academic improprieties within the program. He received a $2.7 million buyout from the university and has since been hired as a special adviser with the Tampa Bay Buccaneers.

A week before his firing, Davis said that he would willingly release a redacted version of the records. After his firing, the release of the records became the subject of debate, and the records were eventually subpoenaed in October. Davis’ attorney filed a motion to quash the subpoena the following week.

In July, Davis filed a protective order for the records and sought to have the lawsuit dismissed on the grounds that they were no longer relevant and that the release of them violates Family Educational Rights and Privacy Act.

An NCAA investigation into the football program found nine major violations related to academic misconduct, agent interactions and improper benefits. Davis’ name was not mentioned in the final report and he was never found to have any knowledge of the improprieties.

The school received a one-year postseason ban, three years of probation, a reduction of 15 scholarships over three years, a $50,000 fine and was forced to vacate all 16 wins that spanned the 2008 and 2009 seasons.

191 Comments

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  • Leave it to Beaver Reruns Sep 27, 1:37 p.m.

    In a lot ways, it's very similar what happened to Butch Davis and Holden Thorpe. Neither... View More

    — Posted by 4tarheels

    But they looked the other way while others did wrong, which makes them complicit.

    And we still... View More

    — Posted by TruthBKnown Banned Again02

    Another false accusation. Why don't you stick with the Hitler reference, I want to see you get... View More

    — Posted by Dr. Feelgood

    what happens when you get banded?

  • Dr. Feelgood Sep 22, 11:34 p.m.

    In a lot ways, it's very similar what happened to Butch Davis and Holden Thorpe. Neither... View More

    — Posted by 4tarheels

    But they looked the other way while others did wrong, which makes them complicit.

    And we still... View More

    — Posted by TruthBKnown Banned Again02

    Another false accusation. Why don't you stick with the Hitler reference, I want to see you get banded.

  • homefree Sep 22, 11:52 a.m.

    Jury's in....UNC fan says "nothing to see here" lol. OK

    Quick to call it all good. I thought you guys already learned to keep your mouth shut until everything is out.

  • Ken D. Sep 22, 10:57 a.m.

    Maybe I'm a little dense (I know I'm not tech savvy) but how do cell phone records indicate what... View More

    — Posted by Ken D.

    They don't and the content of the calls is not saved. In the case of the five calls to/from... View More

    — Posted by heelsforever

    IF you can read, the answer is simple. Davis' attorney provided this information in a prepared... View More

    — Posted by Tarheel7074

    Wondering who yor comment is directed at...

    — Posted by heelsforever

    I'd say that poster needs to work on his social skills....just a suggestion.

  • heelsforever Sep 22, 9:32 a.m.

    Maybe I'm a little dense (I know I'm not tech savvy) but how do cell phone records indicate what... View More

    — Posted by Ken D.

    They don't and the content of the calls is not saved. In the case of the five calls to/from... View More

    — Posted by heelsforever

    IF you can read, the answer is simple. Davis' attorney provided this information in a prepared... View More

    — Posted by Tarheel7074

    Wondering who yor comment is directed at...

  • TarHeels 23 Sep 22, 9:21 a.m.

    Oh, and we keep things in perspective at Carolina TBK. The BAD things that happen have nothing to do with the NCAA and football. They have everything to do with a young female student being murdered or the former player on our national championship winning soccer team passing away from a congenital heart defect at the tender age of 22. That's what happens BAD at UNC.

    Maybe you should keep things in perspective too and realize what's important in life...friends, family, etc. and stop spending your life obsessed with Carolina and on these message boards. You're pathetic.

  • TarHeels 23 Sep 22, 8:59 a.m.

    Another wise post at PackPride said (paraphrasing):

    For once, something has come out that is not... View More

    — Posted by TruthBKnown Banned Again02

    You silly pack fans still don't get it, do you? This NCAA stuff is just a minor annoyance. Something GOOD for Carolina comes out regularly in the form of play off berths, Final 4's, and National Championships. When was the last time any GOOD of this type happened for state?

    You pack fans keep measuring success as something bad happening at UNC, and we'll keep measuring it "The Carolina Way"...on our fields and courts!

  • Jewelry-EricLeak Sep 22, 8:04 a.m.

    It helps that they have "Carolina people" at high levels in pretty much EVERY... View More

    — Posted by TruthBKnown Banned Again02

    Paranoid? I'd be worried about the social worker from Dunn who happens to hang around State... View More

    — Posted by Jewelry-EricLeak

    You can't be serious. State, Duke, ECU and Wake do things the right way mang.

    — Posted by Oooops

    Absolutely! Did you see the way State got in front of the Amerson-Leak scandal, and even sent... View More

    — Posted by TruthBKnown Banned Again02

    Yea, you are so right. LOL One example, why didn't those champions of compliance know anything about that bogus high school your prized basketball recruit "attended"?

    Why is that agent runner, I mean, Social Worker who has the box seats hanging around a potential 1st round draft pick?

  • TruthBKnown Banned Again02 Sep 22, 7:20 a.m.

    Over-under on the number of comments on this story? I'll take over at 271.

    — Posted by kornfan2448

    I'll see your 271 and raise it to 300:)

    — Posted by GunnyGoesArrrgh

    Y'all might want to re-think your estimates. The badger is pretty much done here. :)

  • TruthBKnown Banned Again02 Sep 22, 7:16 a.m.

    UNC-CH's corruption is systemic and broad.....and has years of history.

    Amazing how they have... View More

    — Posted by Alex25

    It helps that they have "Carolina people" at high levels in pretty much EVERY... View More

    — Posted by TruthBKnown Banned Again02

    Paranoid? I'd be worried about the social worker from Dunn who happens to hang around State... View More

    — Posted by Jewelry-EricLeak

    You can't be serious. State, Duke, ECU and Wake do things the right way mang.

    — Posted by Oooops

    Absolutely! Did you see the way State got in front of the Amerson-Leak scandal, and even sent everything to the Secretary of State?

    Carolina officials should be forced to spend a week at State to learn about compliance.

More...

 

 

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