UNC has released its response to the NCAA's third Notice of Allegations on its Carolina Commitment website after a review to protect privacy rights. The 102-page response begins with a paragraph stating that the narrative "popularized by media accounts" is "wrong and contradicted by the facts in the record."
The introduction ends by stating the NCAA faces challenges to "make a decision on the record" and to avoid influence from the media and other sources, "including Mark Emmert, the President of the NCAA."
Definitions and numbers
Within the response, UNC argues that the courses under review are an academic issue, not an NCAA violation. They support this claim by stating that student-athletes were treated the same way as other students enrolled in the courses.
UNC's response states that student-athletes made up 29.4 percent of enrollment in the courses, compared to the 47.6 percent reported by the Wainstein report. The discrepancy is due to the Wainstein report and UNC's response working off of different definitions of a student-athlete.
"The distinction is between some of the statistics used in a previous report by an outside agency and one that the institution determined as we looked at the data ourselves," UNC Athletic Director Bubba Cunningham said.
The Wainstein and Cadwalader, Wickersham and Taft report both counted students who had participated in athletics at any point prior to or during the time they took the courses; UNC's response only includes students who were participating in athletics while taking a course. However, the former athletes may have still had an impact on NCAA postseason eligibility according to some academic metrics.
"When a student athlete graduates, when a student graduate leaves the University, that has an impact on an academic rate," Cunningham said.
"Whether you’re talking about academic progress rate or graduation success rate, or the federal graduation rate, I’m not sure which of those you’re talking about, but certainly they all count in one of those metrics. So the distinction that we’ve made on the statistics are written about in the report and they’re active student athletes on rosters when they took the class."