Allegation No. 13

MR. JOHANNINGMEIER: Allegation No. 13 pertains to the institution certifying a then student-athlete who subsequently became a non-qualifier when the young man's test score was cancelled.

Marie points out a couple of things.

1) "The enforcement staff did not share this information immediately because it was reported that Logan Young had arranged for a fraudulent ACT with the assistance of individuals at the young man's high school."

2) The source of this information is our infamous source(Culpepper) on the August 13, 2001, interview. As I went back and read the interview summary of the source's testimony, as well as listened to the tapes, it is my position that the source did not report that Logan Young helped arrange for a fraudulent ACT. What the source reported was that Young said to him, quote "They would get James eligible."

3) I know very well that the high school coaches had a plan to get James eligible. Logan Young and Clinton Moore, who is the high school coach at Osceola High School, have a long-standing friendship and I think it is reasonable to believe that they had conversations regarding the plan. Not that Logan orchestrated the plan, but that the high school coaches relayed to Young what the plan was.

4) Johan said the reason he did not want to share the information with the University was because they believed that the university did not have control of Young. This comment doesn't make sense to us in regard to this allegation because never did it require anybody tipping off Logan Young regarding this issue. We never interviewed Logan.

5) Then, finally and most importantly, as I see it, the case summary says, quote, "During the young man's on-campus interview, the problems surrounding the administration of the young man's test became obvious. The institution then took the initiative to investigate the matter and reported a violation." This is inaccurate. The problems surrounding James' ACT did not become obvious during his November, 2000, joint interview, that we had with James.

OK What happened was that James graduated from high school in May of 2000. In late June, the University has an April test and then also received the scores of an un-timed test that he had taken. Marie talked to the school guidance counselor & she tells Marie that he has been tested and diagnosed for a learning disability, and that that proper documentation has been submitted through the NCAA for approval for an un-timed test.

Fall practice is well underway. The day before classes start ACT sends a written letter to our V.P. of admissions verifying the test score. I then interview James myself, just kind of one last, did you cheat on the test thing to CYA. In the interview with James Johan is asking Harold some questions regarding his learning disability and he is talking about some difficulty he had in reading. Rich asked him about, did you have any special help during your school there at Osceola High School that helps you with your reading or did they have any special programs. Harold, at that point says, "Yeah, I was in alternative school during my senior year." So Harold walks us through alternative school and tells us that some of his courses in alternative school were taught by the coaches, which mirror exactly the information the source reported on August 13, 2000.

Anyway, they go off to Osceola High School and Believe it or not what happens is that they ask for Harold's high school file and they get Harold’s & a file of another student as well. This kid was in the exact same situation as Harold was, diagnosed with a learning disability, un-timed tests. What happens is that Marie is looking at the documents, she sees in both files an ACT special accommodation request form. Our main purpose was going to figure out about this alternative school situation. But in the review of the file, the ACT special accommodation form I reviewed for both students, I look down and I see that Harold's is checked more time.

Then, on the other student's I see that his is checked additional time, but also there a box that says "reader" that is checked. That's when I get clued into the fact that he probably didn't have permission to do that based on his learning disability diagnosis. So we leave Osceola and share that with the ACT people. Ultimately, that is the reason that the test was cancelled was because he had a reader in his ACT test & his special request form had not requested that.

MS. ROBBINS: If I could just make one comment. What more could we have done? YEAGER: Did he play at all that year? MS. ROBBINS: He played, yes. JOHAN: That's why it is secondary.

MR. JONES: We think the school did a good job on this.

CHAIRMAN YEAGER: I would echo that.

You had a clearing house approving him.

You had the ACT clearing the thing.

It could have been an easy for the school to look the other way.

It is obvious again that Marie & the compliance staff are defending there actions. They ask what more could they have done? To tell you the truth after The Clearing-House approved him and The ACT folks I am surprised that Alabama followed up anything. This is another example of how thorough Alabama’s Compliance team was. Why on earth The NCAA, & the SEC decided that our Compliance team would not be able to control Boosters, specifically Logan and Keller I will never know. It is very evident to me that at the very least Marie could have been told hey, don’t let Means enroll etc.