Binghamton athletics sharply criticized in investigative report
By Doug Schneider and Debbie Swartz, The (Binghamton, N.Y.) Press & Sun-Bulletin
VESTAL, N.Y. — An almost $1 million report released Thursday paints a critical picture of Binghamton University's athletics program — particularly the men's basketball team — and some of the people responsible for overseeing it.
A team of investigators concludes BU emphasized damage-control over discipline and personal responsibility in responding to problems that arose after the university moved its sports programs to the big-time world of college athletics.
The 102-page report attempts to explain what led to some highly publicized problems in the department, such as the removal of Athletics Director Joel Thirer, the paid suspension of men's basketball coach Kevin Broadus, and the university's handling of incidents involving the connection between some players and *****.
The report is critical of actions by BU president Lois DeFleur, Thirer, some coaches and others. The 102-page document paints a picture of an environment in which the key people were willing to cut corners in order to generate wins on the court.
FULL REPORT: Read the entire 102-page document
Additionally, it reveals significant new details, such as:
• Allegations that former star player Derrick "D.J." Rivera illegally bought a television and clothing from a local Walmart in September using a debit card that wasn't his, and that other players were present at the time.
Rumors of the incident have long been swirling in the community, though university officials and law-enforcement authorities have repeatedly refused to discuss them. A store security video identifies former players Malik Alvin, Corey Chandler and Paul Crosby as the other team members who were present.
The female student who owned the credit card was notified of the incident by a member of the current basketball team. BU president Lois DeFleur was notified of the incident, as was the Broome County district Attorney's Office. There is no indication that charges were filed.
• Concerns were raised about previous issues including **** use and other problems with basketball recruits, including former player Theo Davis, but that the university granted scholarships to the students anyway.
• Text messages between Alvin — one of the players kicked off the team last year — and assistant coach Marc Hsu this past June show Alvin asking Hsu for money for gas and to pay a fine. Hsu appears to say that he would meet Alvin and give him gas money. Hsu denied that, saying he responded that way to Alvin to simply to shut him up.
Also, Alvin asks Hsu last May to "reword" parts of a class paper, and "add a conclusion on violence." Hsu tells Alvin to send it to him, and says Hsu will send it to Alvin's tutor. Hsu told investigators he did not provide inappropriate help to Alvin.
• Claims those players may have received improper benefits from the university. In one, former basketball point guard Emanuel "Tiki" Mayben claimed an unnamed coach was paying for players' cellphones. Mayben, who was kicked off the team after a *******-selling arrest, later recanted his claim, and investigators say they found no evidence that it was true.
Allegations that Broadus pushed to resolve a *********-possession charge against Mayben before the case reached Vestal Town Court. The report also references an incident in which campus policed found former player David Fine, glassy-eyed, in a room with a burning ********* cigarette that Fine denied was his. Fine was not charged, though police took a report.
The investigators — a team of lawyers headed by retired New York Court of Appeals Judge Judith Kaye— conducted dozens of interviews and reviewed thousands of documents, e-mails and text messages to reach its findings.
They did not investigate the unrelated allegations of ****** harassment made by athletics department fundraiser Elizabeth Williams, citing a lawsuit filed in U.S. District Court.
SUNY issued this statement at 1:37 this afternoon:
"We appreciate the comprehensive, independent review undertaken by Judge Judith Kaye into issues concerning the intercollegiate athletics program at Binghamton University. Her report outlines the more than 80 interviews conducted at Binghamton over numerous campus visits and reviews of thousands of electronic communications and paper documents. Judge Kaye and her legal team had unfettered access to all current and former members of the Binghamton Athletic Department and Administration and others involved in the America East Conference.
"We believe the report speaks for itself. Her recommendations are clear, concise and outline a clear path for restoration of oversight, accountability and unquestioned academic integrity.
"The Board of Trustees and the Chancellor will now move forward to review and implement the recommendations of Judge Kaye's report. It is our responsibility to act quickly to bring this matter to a conclusion and to take the necessary steps to restore Binghamton's academic and athletic reputation to the highest levels.
"We have kept in close communication with the NCAA and America East during this investigation. We have shared this report with them and SUNY and Binghamton University will follow up as necessary to insure full compliance with all NCAA and AEC rules and regulations."
The total cost for the review came in at $913,381 which includes 1,770 billable hours for eight members of the legal team of Skadden, Arps, Slate, Meagher & Flom LLP; 547 billable hours for legal assistants and vendor charges for electronic data retrieval and analysis. Costs were capped under an agreement with the law firm.
The SUNY Research Foundation entered in to a contract with Skadden Arps on behalf of the SUNY Board of Trustees to expedite this review. The Research Foundation will seek reimbursement from Binghamton University for 50% of the cost and use SUNY Central RF unrestricted funds to cover the remaining 50% of the cost of the investigation. No tuition or taxpayer dollars will be used to pay these expenses.
Background information
Here are the events that led up the investigation.
In early September, Mayben was arrested in his hometown of Troy on felony charges of sale and possession of *******. The day after the charges become public, he was released from the team.
The following day, five more players were released, including Rivera — BU's leading scorer — and Alvin, both stars of the team's first NCAA Tournament berth in BU's history less than a year before.
Reasons given for the releases ranged from attitude problems to criminal behavior, though BU failed to define exactly what transgressions led to the decision. Only Alvin had been in trouble with the law when in November 2008 he was charged with petit larceny and third-degree assault, both misdemeanors, after he allegedly stole the contents of a box of condoms and then knocked down a 66-year-old woman while trying to elude store security at the Vestal Walmart.
That was the beginning of the shakeup in BU's athletics department.
Shortly thereafter, Athletic Director Joel Thirer stepped down from the position he held for two decades to take an administrative post in another department.
Less than a month later, basketball coach Kevin Broadus was placed on paid leave, giving assistant coach Mark Macon the job of interim head coach. Broadus' benching came after he admitted to the university he committed an NCAA recruiting violation by speaking to two prospective recruits at a time when coaches are prohibited from having face-to-face contact with them.
In the past, discussion swirled about recruiting choices made by Broadus, known for giving "second chances" to players who had difficulties at other schools. Mayben, for example, filed to qualify academically at Syracuse University and later left the University of Massachusetts program in mid-season before being recruited by Broadus.
There were other peripheral issues plaguing the athletic department.
One was adjunct lecturer Sally Dear, who publicly criticized the athletics department, including allegations she was expected to show favoritism to student athletes. At one point Dear, who has been an adjunct at BU for 11 years, was told she wouldn't kept on staff. Shortly thereafter, Zimpher intervened and said Dear would stay at least until the conclusion of the investigation.
Then there are the hanging allegations by athletics department fundraiser Elizabeth Williams. She has sued BU and department officials Christopher Lewis, the assistant athletic director for development, and Jason Siegel, senior associate athletic director, for ****** harassment, claiming they used her as a ****** "plaything" to ply money from big donors.
Amidst the turmoil, Zimpher met with DeFleur and put SUNY in charge of the investigation.
At that time, Zimpher left no doubt about her mission.
"Given recent events related to the Binghamton University men's basketball team, the athletic department and to the academic integrity at the campus, I have recommended, and SUNY Board of Trustees Carl Hayden has agreed, that the independent audit called for by Binghamton President Lois DeFleur will be initiated by, and reported to, the executive committee of the SUNY Board of Trustees," Zimpher said then. "These steps are necessary to remove any doubt whatsoever about the quality and integrity of the athletic and academic enterprises of Binghamton University and to strengthen or change any processes and procedures necessary in furtherance of our goal. The students, faculty, alumni, staff and supporters of Binghamton.
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