Why Tennessee’s legal fees fell in NCAA investigation of football team
Documents show the University of Tennessee’s legal fees dropped sharply once it ended a year-long NCAA internal investigation into allegations that soccer coach Jeremy Pruitt and his staff were fired for egregious recruitment abuse.
It indicates that the university is on hold, waiting for the NCAA to rule while still paying minimum attorney fees.
In January, counselor Dondy Plowman told Knox News that Tennessee had not received notification of the allegations from the NCAA, a necessary step if the governing body takes disciplinary action. UT spokespeople declined to provide an update or comment without review by their attorneys because NCAA regulations prevent them from discussing details about ongoing investigations.
Some NCAA investigations may take months while others are adjudicated years later. Changes made earlier this year to the NCAA’s constitution are designed to encourage self-reporting and reduce the punishment of new leadership teams if violations occur under previous leaders, a development that may bode well for Tennessee.
The state of Tennessee paid $1.08 million in legal fees to Bond, Schoeneck & King from November 2020 through November 2021 for its internal investigation, according to bills the university filed with Knox News after a public records request.
On November 4, the university announced that it had finished its internal investigation. Since then, only $43,191 has been billed in legal fees from December to February.
This is a reduction from $82,895 per month in the first 13 months of NCAA achievement to $14,397 per month in the following three months. Documents obtained by Knox News included a quarterly bill from December to February. The March invoice is not available yet.
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The lawyers’ paid hours also fell from 205 in October – the last full month of the internal investigation – to 67 in November, 57 in December, 20.25 in January and 47.25 in February.
Tennessee’s legal fees exceeded $1.12 million. It still pales in comparison to the $12.6 million takeover that the university refused to pay Pruitt when he was fired over the allegations.
In October, Pruitt’s attorney, Michael Lyons, threatened to sue the university and hinted at exposing other rule violations if Tennessee did not settle with his client and pay a portion of the vacated acquisition.
Lyons requested a settlement by October 29 or the university would face a lawsuit that the attorney claimed had the ability to “paralyze UT’s athletic program for years.” That deadline came and went. But there is no indication that Lyons has filed a lawsuit or that Pruitt has received any settlement.
What Happens When the NCAA Sends a Notice of Allegation
Don’t expect Tennessee’s legal fees to remain low indefinitely.
Once the university receives notice of the allegations, it faces three possible paths in response: a negotiated solution, a summary course of action, or a listening path.
A negotiating decision is like an admission of guilt with a sentence attached to a plea bargain. Tennessee and the NCAA agree on violations and penalties. It was approved by the NCAA Violations Committee, and the case was closed.
A summary course of action is similar to an admission of guilt without attaching a sentence. Tennessee and the NCAA agree on the facts of the case and the level of abuse. The Violations Committee of the National Civil Aviation Authority issues penalties. Tn can appeal the penalties.
The auditory track is like a trial. Tennessee is challenging the allegations of NCAA law enforcement officials. The two parties review the allegations with the Violations Committee of the National Civil Aviation Authority, which decides the violations and penalties. Tennessee can appeal.
Do volumes end with scholarship cuts?
Pruitt, along with two of his assistants and seven additional employees, was fired for some reason in January 2021.
Tennessee said it has uncovered evidence that members of Pruitt’s employees have engaged in conduct likely to result in serious violations of NCAA rules, and Pruitt’s failure to monitor their actions or foster an atmosphere of compliance.
Additionally, athletics director Philip Vollmer resigned and announced his retirement.
Athletics director Danny White, who replaced Vollmer, hired coach Josh Hubble to overhaul the football program. The Vols hit a record 7-6 in 2021 with a limited roster, and Heupel earned a Steve Spurrier award as head coach of the first year in college football.
Football has advanced in Tennessee, but the NCAA issue still looms large.
The Vols played the 2021 season with 71 scholarship players, well short of the 85-sanctioned maximum by the NCAA, plus seven seniors. They have 72 scholarship players in spring practice, and 80 players are expected to participate in scholarships for the 2022 season.
It is possible that the state of Tennessee presented those cuts as self-imposed scholarship cuts to show remorse for the NCAA. It is unclear if the Vols will renew the roster before the 2022 season. They are considering adding multiple players through the transfer portal.
Sources close to the situation told Knox News that Tennessee also imposed restrictions on enlistment in 2021. But Heupel staff still signed the 2022 class at No. 17 of 247Sports, and most recently received a commitment from five-star quarterback Niko Iamaleva in the 2023 class.
Self-imposed penalties have the potential to soften the blow from the NCAA when a wrongdoing case is adjudicated, but they provide no guarantee of protection from further penalties.
Can Tennessee continue to have a pot ban?
Tennessee leaders believe sanctions should focus on the area of abuse—in this case, recruitment. That’s why they refused a pot ban, and new legislation from the NCAA should strengthen their case.
The new constitution for the NCAA is scheduled to enter into force in August.
It includes modified language “to ensure, to the greatest extent possible, that penalties for infractions do not penalize programs or student-athletes who are innocent of the offense”.
This means that, when possible, the NCAA will not directly sanction current coaches and players for violations committed by coaches and players who are no longer in the program. Narrowing down the use of post-season bans is a big part of this change.
It might bode well for Tennessee if the NCAA finds that only Pruitt, his staff, and former players are to blame. Tennessee State has not publicly named the players or recruits involved in the allegations, but there are only 34 players left on the roster from Pruitt’s 2020 squad.
However, the outcomes of NCAA cases can be unpredictable. There is no indication whether the Tennessee case will be settled before the NCAA constitution takes effect or whether it will be incorporated into the new process.
In November, Heupel said he believed the impact of the NCAA investigation would be a “quick bump to our program” because “our university found out what was going on, reported it, and was transparent from the start.”
The Vols are in their second spring training since the NCAA investigation began, but there are no signs of when it will end.
University of Tennessee Legal Fee for NCAA Achievement
2020
November: $1,876.70
December: $93,765.15
2021
January: $189,171.96
February: $92268.08
March: $109,096.10
April: $91,344.00
May: $77,211.57
June: $90,720.18
July: $99,728.67
August: $87,285.04
September – November: $134,170.93*
2021-22
December – February. *: $4,3191.25*
Total $1,120,829.63
* University changed to quarterly billing
Source: Fee bills issued by Bond, Schoeneck & King
Connect with Adam Sparks at adam.sparks@knoxnews.com and on Twitter @AdamSparks.
