compliance is fun for robots
Michigan's epic document dump provides a harrowing window into the world of TPS reports, staplers, and increasingly alarmed emails that is the University compliance environment. I started reading these things and I could not stop, delving deeply to 73-page Exhibits that are little more than compliance folk making heroic efforts not to bludgeon the football administration and hardly getting responses.
A couple things are clear.
Brad Labadie should be fired. Now. I'll leave the decision as to whether he should be put in stocks on the Diag up to Brandon, but I vote yes. The vastly ineffectual management of Scott Draper should also see him go out the door. If either of these individuals had competently executed his job, there is a strong possibility this whole thing never happens.
Brandon said yesterday that none of the seven people who got naughty notes put in their permanent record would see further repercussions. I strongly disagree with this decision.
You Can Take This Job Description And Shove It, Except You Can't Because It Doesn't Exist
The CSO made several attempts to obtain written job descriptions for the quality control staff from Scott Draper and Brad Labadie during 2008 and 2009. A copy of the written correspondence related to these efforts is attached as Exhibit 15. Draper provided the first version of the job descriptions on August 28, 2009 after the University began its investigation following media inquiries. See Exhibits 3 and 4.
Exhibit 15… good lord.
Judy Van Horn asks Ann Vollano to get job descriptions for all sport-specific administrative staff. Her only sin here is saying "Let's strategize on how to implement."
Van Horn emails Draper about a meeting that Draper may or may not have to attend about "compliance monitoring systems that are under Brad's purview":
There have been some glitches with systems that Brad thought would work better under Rich but haven't as well as times where Brad has felt hounded by CSO staff and CSO staff have felt him to be nonresponsive. I think we need to touch base to make sure we can close out 2007-08 and have a workable plan and strong relationship moving into 2008-09.
In this email Van Horn mentions the CSO is expanding monitoring of QC-type people, a "growing employment area" subject to "increasing NCAA scrutiny and controversy" and they are proactively attempting to get these agreements in place in order to avoid any troubles.
If there is an issue with Brad, I need to know about it. If he was disrespectful or anything along those lines that is something I need to address. If it is not, then as his supervisor I should be made aware of it and handle it with Rich. … Please help me understand what is going on I am in the dark. If there is an issue I need to be made aware of it. Brad reports to me.
Vollano sends a memo requesting job descriptions for all sport-specific staffers in an effort to ensure Michigan is "meeting NCAA coaching staff limit requirements," asking for a response no later than August 22nd.
Vollano emails Draper, reminding him to turn in the form requested in August. Draper says he did it, asks Vollano to look for it again. Vollano says it is not present and the CSO has been "on high alert looking for it." Draper says he will re-do it and bring it in in the morning. Rich Rodriguez is CCed on this email. He does not receive further correspondence.
Vollano emails Draper having received football's "limitations form" but still needs the job descriptions.
I have left a couple of messages but I thought that maybe email would be easier. I want to remind you that I need job descriptions for all of your non-coaching-specific staff members, As you may recall, the "Designation of Coaching Category" form for the 2OO8·09 academic year was changed and to include space for each member of your non-coaching sport specific staff to sign. In addition, a copy of each sport specific staff person's job description was to be attached. I have your form but I do not have any job descriptions for any of the non-coaching sport specific staff. The job descriptions should include the title of the position and a description of duties. Once we have the job descriptions, we will have the staff members sign an agreement related to their role with your sport. The role of non-coaching, sport-specific staff continues to receive increased scrutiny from both the NCAA and Big Ten Conference staff. These agreements will ensure that we are meeting NCAA coaching staff limit requirements. Thanks for your attention in this matter. An Email would be sufficient if it is easier for you, Take care! Ann
P.S. I have attached a copy of the form with all of the signatures and positions that you turned in. lf there are any people missing, please let me know. Thanks!
Labadie responds that he "just listened to the voicemail from earlier where you said you are not taking it personally" and asks for the people who need job descriptions… that Vollano has already told him twice already on the memo.
The 28th: Draper submits a job description for QC staffers. It is a hastily slapped-together piece of crap.
The 29th: Free Press report published.
The 30th: Draper submits another job description for QC staffers.
You Say CARA, I Say "Shut Up, I'm Playing Halo"
You know the CARA forms? Yeah… about them:
The CSO made repeated requests for the CARA forms during 2008 and 2009. Most of these requests were made to Brad Labadie by email. See Exhibit 18. Scott Draper received a copy of several of the e-mail requests to Labadie. The CSO also notified Joe Parker, Senior Associate Athletics Director, Development/Corporate Relations, about the football CARA forms issues in early 2009. After the requests to Labadie produced no CARA forms from football, on May 19, 2009, the CSO office again informed Parker about the absence of CARA forms for football. Parker contacted Labadie and Draper about the issue the same day. Van Horn also notified University auditors of the issue, and the auditors found no CARA forms for football when they reviewed CSO records in April and May 2009. …
CSO officials did not meet in-person with Rodriguez to notify him of football's failure to provide CARA forms until July 30, 2009. The University is satisfied Rodriguez was unaware of the problem until he received the auditor's memorandum dated July 24th, 2009.
… The CSO was persistent in its efforts to gather CARA forms from football, including eventually seeking the assistance of the direct of athletics. The University believes, however, t he CSO should have met with Rodriguez to alert him to the CARA forms issue and seek his assistance much sooner than it did. The University believes that had the CSO done so, the CARA forms issue likely would have been addressed at a much earlier date.
The next section details what Rodriguez's part was in this. The U did not believe Rodriguez knew about the specific CARA procedures; RR states that he was not briefed until the summer of '09, but the matter was on multiple rules education agendas. Van Horn stated she and RR "agreed that Labadie and Draper would continue to be the administrators responsible for football compliance issues."
As you'd expect, the compliance issues are sheltered from the coaches as much as possible since they have more important things to be doing. The U is "satisfied Rodriguez did not know that the football program had failed to submit its CARA forms for more than 18 months."
Let's go to Exhibit 18, then. It's 73 pages.
"Compliance assistant" Rachel Strassner sends a general email asking for telephone recruiting logs, off campus contacts, and CARA forms for December '07—before Rodriguez was hired. On the 31st, Strassner specifically emails Labadie asking for CARA forms from October, November, and December of '07, telephone logs for December, and a bunch of other stuff. Again: before Rodriguez is hired.
Monthly reminder from Strassner. On the sixth, Strassner emails Labadie again requesting missing docs: one week of CARA forms from November, recruiting logs from Mike Debord, December telephone logs from all coaches, and October contact logs from most of the coaches. On the 12th she emails again asking for the missing CARA week, a number of contact logs, and everyone's telephone logs. On the 20th she's still missing the single CARA week and believes one other week has an overage.
Reminder ping. Strassner now sending emails with the subject line "Compliance Documents – STILL MISSING". The November 18th week that has been outstanding for months is still outstanding, as are contact logs and telephone logs. Questions about possible overages have not been answered.
A week later, Strassner sends an email to Michael Parrish, cc-ing Labadie and asking for CARA forms for January and February, February telephone logs, and February contact logs. Vollano replies to this, noting the university's auditor will be in on Thursday and "Auditors like to find things missing so they can put them in their reports." A week later, both Vollano and Strassner request the missing logs again. A week later, the email mentions the auditor "is in the process of reviewing football's records"; it does appear that the rogue November CARA form has been submitted along with most of the missing Carr-era documentation and the contact/eval logs from the first couple months of the Rodriguez regime.
Ping. Strassner now trying "Compliance Forms Missing – DELINQUENT." We have our first Labadie sighting as he emails that Carr and Rodriguez didn't make calls in certain months and that the CARA forms are "being completed." Quiet month after this.
Ping. Apparently everything except the CARA forms has been submitted because Strassner's gone down to DEFCON 3: "CARA Forms – Delinquent" and all the telephone/contact log mentions have been dropped. Unfortunately, as time passes the CARA forms keep building up. Labadie has not submitted CARA forms since January 6th. At the end of the month Strassner asks again. Also, CSO still needs Fred Jackson's telephone log from December.
Draper is now getting CCed on "Football CARA forms MISSING"; Strassner has taken the desperate, futile step of using the little doohickey that makes your emails "high" importance. CARA forms and the rogue Jackson telephone log have not been submitted. Getting slightly snippy: "Please let me know when I can expect these."
This is the point where Brad feels "hounded by CSO staff" and CSO staff feels he could be a tetch "nonresponsive." The department stops asking about the 2008 CARA logs here so it seems like they were submitted at this point.
Michigan sends a memo to all coaches and admin staff reminding them about CARA forms for 2008-09.
Strassner has either moved on from a student job or an internship or thrown herself off U Towers, leaving one Roy Shavers Jr the thankless task of attempting to get CARA forms from Labadie. He takes up the monthly pings. The U reduces the submission frequency from weekly to monthly. It is the CSO's hope that this will simplify the process by "avoiding the need to ask you at the end of each year to account for past weeks of your team's countable athletically related activities."
Just a ping.
Ping, and then Shavers emails Labadie to remind him he needs to turn in CARA forms for August and October.
Ping, ping. The U has pinged Joseph Parker at this point and he now (Jan 8) asks Draper, Labadie, and Parrish to get the CARA forms completed, mentioning that "we need to put a process in place to ensure this information is delivered to the CSO staff in a timely manner." Bill Martin is CCed. Labadie responds that he will get CARA "cleaned up" at upcoming meetings/workouts.
Twelve days later, Parker emails Labadie again asking about CARA.
Ping, ping. Parker emails on the fifth noting that "as a follow-up to our conversation yesterday, compliance has not received any CARA Forms for football for 2008-09." Draper replies that Brad is acquiring the "last remaining signature[s]" from the seniors.
Ping. On April 3rd Vollano asks "any idea when we can get the CARA forms?" Incredibly, she then adds "I do not want to bug you about it but as an FYI, the university auditors are going to start their audit of CARA" instead of "if you do not give me the forms I will chop your head off."
On the eighth Shavers emails Vollano noting that they are missing all CARA logs and the telephone logs from November, December, January, and March. Vollano pings Parrish.
Ping. On May 7th Vollano emails Labadie with a last-ditch plea: "I just wanted to let you know that the auditors are here doing CARA. They have an empty folder for football. Any chance you bring them over?" Double incredibly, she ends the email "Thanks for your help" instead of "I hate you so much."
Labadie actually responds here: "Figured out what the voicemail was about. Sorry I've been out this morning and I just got the auto reply that you are out later today." Vollano replies the next day asking for the forms ASAP so the auditors can review them, nothing that their report goes to "Bill, the President and Regents."
Two weeks later, Parker emails that Vollano has been requesting the documents for "several months" and asks if they can submit the CARA forms by tomorrow. Labadie replies "Yep. Had them finished yesterday at workouts and they should have been delivered today."
Poor, sweet Ann G.Vollano the next day:
For this, she has been officially censured. Poor, poor Ann G. Vollano.
Van Horn and Draper set up a meeting. Unclear why, but "CARA forms" is on the agenda. A week later, Michigan sends out the annual CARA memo. A meeting agenda with Martin on August 18th summarizes the "formal communication" regarding the 2008-09 CARA Form fiasco, noting that "at the time of audit during may 2009, no football CARA forms from the 2008-09 academic year had been submitted to the CSO," that "all other varsity sports" had submitted the forms, and that an "inordinate amount of communication occurred between CSO, football administrative staff and sport administrators regarding football CARA forms."
A section later it notes that "having student-athletes provide written verification of the time they spend in CARA activities protects the head coach and institution from unfounded allegations."
August 28th: CSO finally receives CARA forms for winter and fall of 2008. They are signed by Rodriguez, but not student-athletes.
August 29th: Free Press report.
August 30th: Vollano emails Labadie a special individual ping stating they need the August 2009 CARA forms. Labadie replies in 21 minutes. Subsequent CARA reports are submitted monthly with student-athlete signatures.
You'll note a few things other than a torrent of email from poor, sweet athletic department compliance personnel virtually begging Labadie for CARA forms: the documentation problems started before Rodriguez even arrived, that Labadie had been "hopeful" the bookkeeping processes would be better under Rodriguez, and not even the freaking auditors being in the office looking at an empty folder could get a response other than "ohhhhh, that's what that voicemail meant." The main document also states that Labadie was the responsible party for the warm-up and stretching time that put Michigan over on Mondays during 2009, although Labadie said that this opinion was based on conversations with Barwis. Why the person in charge of football compliance administration thinks he should talk to Barwis instead of compliance is unknown.
Most importantly, either Labadie lied to Draper when he said he was just getting the "last signatures" from the seniors for the 2008-09 forms or Draper lied to CSO. The main document states the CARA forms, hastily submitted the day before the Free Press report, have no student signatures. Draper, for his part, made zero effort to check up on his employee despite his apparent desire to play Tropico at work all day. He had no idea there was anything going on for months, and complained to compliance that he needed to know what was going on with the person who reports directly to him.
The worst part of all of this is how comprehensive, intelligent, and concerned the compliance side of all this was. CSO constantly badgered Draper and Labadie for the missing documents and was in the process of putting together a system that would hopefully have clarified what the QC assistants could and could not do. They anticipated potential problems with the QC staffers! Judy Van Horn just won a prestigious award and it's not hard to see why: Michigan's compliance department was machine-like in its precision. Its primary flaw was being far too polite to the unresponsive Draper and Labadie—not once did Strassner threaten to mail Labadie's pets to Albania, or shave his head in his sleep, or put him in a bun and leave him on Justin Boren's doorstep. If they had been cut-throat about it and immediately raised holy hell with Martin, Rodriguez, and others this may not have occurred.
Maybe there are things yet unrevealed by 100 pages of emails. Maybe there were behind-the-scenes reasons Labadie could not put the documents together. However, if there were the proper thing to do was to express this. Labadie didn't even get them in when threatened by an audit; it took the freakin' Freep report to get the sloppy, unsigned CARA forms in—the ones that Labadie claimed he was just getting the last signatures on five months earlier. The main document specifically states that when Rodriguez took over it was decided to leave the CARA process exactly the way it was under Carr, and Labadie still completely failed to file reports for a whole year when the system had been in place for several years and was apparently not an insurmountable task for anyone else in the department. Rodriguez's response makes it explicitly clear that no one informed him the already-prepared job descriptions for QC people had not been submitted and that the lack of CARA form submissions was also unknown. Why was it unknown?
Labadie told the enforcement staff that he did not tell Rodriguez that he had failed to submit CARA forms because he did not want Rodriguez to look unfavorably upon him.
There is no possible excuse for the massive breach in protocol here and the missing CARA forms and QC assistant job descriptions are the primary reasons Michigan is reporting major violations instead of a selection of secondary ones. Everyone involved with Michigan football compliance administration has failed massively and should be fired. Now.