[Chron.Com] UH investigated after allegations of misconduct

http://www.chron.com/cs/CDA/ssistory.mpl/front/3315387

By MICHAEL MURPHY
Copyright 2005 Houston Chronicle

The NCAA is investigating allegations of academic misconduct within the athletic program at the University of Houston, specifically the changing of grades to keep student athletes eligible for competition.

The allegations were made in a report to the NCAA by a former University of Houston instructor who has been indicted on charges of theft by a Harris County grand jury for allegedly stealing money from the university.

Alex Brown, a former instructor in UH's African-American Studies Department and a former athletics adviser, has accused the school of forcing instructors to change grades for student-athletes.

The school was contacted by the NCAA on May 13.

The NCAA had no comment on the issue. Gail Dent, associate director of public relations for the NCAA, wrote in an e-mail response to questions regarding the UH situation: "It is against NCAA policy to discuss any specific pending or ongoing investigative matters. Our member schools can comment as they wish."

If the charges are found to be true, the university could face probation, a penalty that might include a postseason ban and/or a loss of scholarships in a worst-case scenario.

Brown is scheduled to go to trial on the theft charges on Aug. 29, but according to his attorney, Jolanda Jones — a former UH track star and a member of the Cougars' Hall of Honor — the charges against Brown were "trumped up" by the university in an effort to take down a whistle-blower.

"My client does not have a response," Jones said. "My comment is this — things are not as the school says they are, and at the appropriate time the whole world will see what the truth is. It's that simple."

Brown alleged in his report to the NCAA that he and two other professors were forced to change grades throughout the period between the 1999-2000 and 2004-05 academic years.

A university investigation into the charges, which has since been forwarded to the NCAA, found 14 grade changes for student-athletes during that period.

The investigation found that of the 14 grade changes, seven were for students who had exhausted their athletic eligibility, two were for walk-on student-athletes and three resulted in student-athletes being certified as eligible for competition. One change resulted in a student-athlete's mark being lowered by one letter grade. According to sources at the university, none of the student-athletes in question was considered a "star-caliber" player, even though one started on the football team.

While no definitive numbers were available Wednesday, sources at the school said that grade changes are not uncommon but that there are checks and balances in place to assure academic integrity. Every instructor has to detail the reasons for a grade change, and the deans of the respective departments have to sign off on each change. The reasons for the reported grade changes were detailed in the university's response to the NCAA.

UH athletic director Dave Maggard said that in order to avoid conflict-of-interest issues he insisted that the registrar's office at the university, not the athletic department, handle the internal investigation into Brown's allegations and the documentation that was forwarded to the NCAA, a copy of which was viewed by the Chronicle.

Maggard also said that at no time during Brown's tenure at the university did he bring any allegations of NCAA violations to the attention of anyone on campus and that he was required to — and did — sign and date a document each year, a certification of compliance, stating that if he knew of any NCAA violations he was required to report them to the university.

"I believe they went back as far as six years," Maggard said of the school's investigation. "Whatever findings they have made are what we put in the report. Now, what has been indicated by the university is that there is no substance to the allegations, and that Alex Brown signed every year an NCAA document stating that he knew of no violations. That part of it I think is pretty clear."

According to the compliance section of the NCAA Web site, UH has had four major infractions since 1964 but none since the late 1980s.

The school has not been sanctioned by the NCAA since December 1988, when the football program was hit with a three-year probation. That included a two-year postseason ban, and the school was prohibited from appearing on TV for one year. The charges included improper benefits for players; improper recruiting contacts, entertainment, transportation and inducements; and lack of institutional control over the program.