On October 12, 2011, the North Carolina Attorney General (“AG”) filed an Application for an Order to Compel seeking to require the NCAA to turn over records. According to the petition, the AG is seeking records from the NCAA’s investigation of the University of North Carolina (“UNC”) to further her office’s investigation of potential violations of the North Carolina Athlete-Agent Act. After multiple exchanges and the NCAA’s purported refusal to provide records, the AG issued a Subpoena Duces Tecum demanding the following records:
1. A copy of the Notice of Allegations that the NCAA provided to UNC on or about June 21, 2011.
2. All statements made by or interviews of UNC student-athletes, former UNC student-athletes, UNC coaches, and UNC employees since January 1, 2010 relating to the investigation.
3. A copy of all statements or interviews of Todd Stewart since January 1, 2010 relating to the NCAA’s investigation of UNC.
4. A copy of all statements or interviews of John Blake since January 1, 2010 relating to the NCAA’s investigation of UNC.
5. A copy of all statements or interviews of Marvin Sanders since January 1, 2010 relating to John Blake’s contact with Ndamukong Suh.
6. A copy of John Blake’s July 6, 2010 credit report.
The parties attempted to resolve the dispute, but ultimately could not come to an agreement. Thus, the petition was filed.
The NCAA has publicly stated that the Subpoena issued by the AG was outside the bounds of the law and it is only required to provide records through a proper subpoena from the courts of Indiana. Additionally, the NCAA has stated it believes it is entitled to redact records where appropriate.