Gottfried Fires Back at the NCAA
Former NC State basketball coach Mark Gottfried, like the school that once employed him, has gone on the attack to defend himself against NCAA allegations in the case involving former Wolfpack star Dennis Smith Jr.
In a 41-page response to the NCAA's Notice of Allegations against State, in which Gottfried is prominently mentioned, lawyers for the former Wolfpack coach accuse the college sports governing body of pre-judging their client while denying him a fair opportunity to defend himself against charges that Smith was paid $40,000 from Adidas to play for State.
The entire response can be found by clicking here.
"The NCAA enforcement staff is supposed to be vested with sole and exclusive authority to investigate potential violations and to decide whether to bring allegations of violations for adjudication by the Committee on Infractions," Gottfried's response, prepared by attorneys Scott Tompsett and Elliott Abrams and released to the public Wednesday, stated.
"However, well before the staff had finished its investigation and conducted its internal meetings to determine whether to bring formal allegations against NC State and Gottfried, the NCAA executive leadership made clear that decisions had already been made to move forward with formal allegations and impose consequences."
Most of the evidence used by the NCAA against State, Gottfried and his former assistant Orlando Early -- along with several other Adidas-affiliated basketball programs -- came directly from testimony in a federal corruption trial in New York against three Adidas operatives.
Executive James Gatto, consultant Merl Code and aspiring sports agent Christian Dawkins were all convicted on conspiracy and fraud charges for paying to steer players to schools affiliated with their shoe company.
All three have appealed their convictions, leading Gottfried's lawers to argue that information obtained from their trials should not under NCAA rules be permitted in the case against their client.
"Because the proceeding is on appeal," Gottfried's response stated, "the plain language of (NCAA) Bylaw 19.7.8.3.1 prohibits not only the importation of facts, but also prohibits any consideration of any “[e]vidence submitted [or] positions taken” in the Gatto et al. matter “in the infractions process.”
The NCAA has alleged two Level I violations against the Wolfpack, including a "failure to monitor" charge against Gottfried, who is currently the coach at Cal State Northridge.
Orlando Early is accused of being the middle man in helping to deliver $40,000 from Adidas consultant Thomas "T.J." Gassnola to Smith father as payment for signing with State.
Gassnola testified during the federal trial that he gave the money to Early, but in its response to the NCAA, Gottfried's lawyers claim that there is no evidence that Early ever delivered the money to Smith or his handlers. They also claim that Gottfried had no knowledge of such a transaction.
"Ultimately, the NCAA is a powerful entity and Gottfried is just a coach," his response stated.
"Gottfried was privileged to coach at NC State for six seasons and even though NC State fired him, he cheers for NC State to this day (except when NC State plays his team). He is very disappointed that the alleged violations happened under his watch. But he does not know what he was supposed to do differently to either prevent or detect the alleged violations in this case."
Gottfried's response comes two days after State informed the NCAA that it "strenuously disputes and is contesting" the most serious (Level I) charge that has been leveled against it. No members of the Wolfpack's current basketball staff are implicated in the case.
The NCAA has 90 days to respond to Monday's filing before setting a date for those involved to appear before its Committee on Infractions.
