Thanks, once again, for writing this up. It really does help parse through the NCAA procedures and bylaws.
Regarding Jennifer Wiley. Now, this might be splitting hairs but according to the 2011 NOA (allegation #1) she and the players committed "academic fraud". In particular, she was alleged to have provided them with improper academic assistance in the form of writing (parts of) papers for a few students. Those students are mentioned by name as being immediately ineligible following this assistance in the NOA. In the latest case they're not alleging academic fraud, nor are they alleging any MBB players to have had their work completed for them. They're alleging that they were given registration benefits not given to all students.
Regarding the "tell tale sign". Thanks for bringing this up. I've looked through both NOAs, Hawaii's and Southern Miss's and while the first UNC NOA is worded slightly different the recent three are identical in their wording. This leads me to think that it's a copy/paste section that is amended to all NOAs. Even assuming that it is specifically there because the NCAA is implying ineligible players then it still doesn't seem quite right as it is asking UNC (and the other institutions) if the NOA includes cases of ineligible athletes. In all of the other NOAs they specifically say certain athletes were ineligible, so why would they then later ask the universities if they deemed athletes to be ineligible? I think this all clearly points to that section being a copy/paste amendment which appears on all NOAs (at least recent ones).
I understand what you're saying and I can see how it would make sense, but I still think what I'm saying is correct and will be the outcome. It would be nice to see UNC's response to the NOA, perhaps it will shed some light on things...but I guess we'll just have to wait and see if any MBB players are deemed to be ineligible and wins/banners vacated. Thanks again for the explanations and posts.
First, in Wiley's case it's both. Editing & writing rise to the level of fraud, whereas simply typing a paper (or portion like a works cited page) is not always considered to be fraud. It's merely an extra benefit that doesn't necessarily rise to the level of "unethical conduct." The NCAA opted to just allege the Article 10 violations as they (and the associated penalties) were sufficient.
This is not an uncommon practice. The NCAA could have easily hit UNC with a violation of 14.2.2.6 (b) in the most recent NOA. It states independent study courses may be used to maintain eligibility provided:
"The student-athlete enrolls in the course in the same manner as is available to any student;"
Per the NOA itself, that clearly didn't happen. However, the 16.11.2.1 allegation is sufficient to warrant omitting 14.2.2.6(b) from the NOA. Keep in mind that Jan Boxill is also alleged in the NOA to have done the exact same thing as Wiley (writing conclusions of papers), yet academic fraud is never mentioned. There will be differences from one NOA to the next based upon the facts, the stance of the university, and the approach the NCAA believes will work best.
At any rate, regardless of it being labeled fraud or simply an extra benefit, any extra benefit renders an athlete ineligible pending reinstatement proceedings. There is a difference between a "benefit" and an "extra benefit." The NCAA describes benefits (and associated limits) that are permitted. The only restriction is that they be provided to all students, unless the NCAA states an exception. Extra benefits on the other hand, are always an issue and always result in ineligibility until reinstatement occurs.
Athlete specific tutoring is a "benefit" mandated by the NCAA (16.3.1.1). However, what UNC did went beyond the bounds of the described benefit and therefore was determined to be an "extra benefit." This pulls it out of the restitution provision and the athletes are ineligible.
In the cases of the other NOAs, the NCAA is not asking whether those Universities believe the involved athletes were ineligible. That is not the purpose of the request, though I see why you thought that's why I was getting at that. My point was poorly phrased. The purpose of the request is to provide the schools the opportunity to state whether the school believes there are mitigating circumstances that would warrant waiving any vacating of victories. An assumption of ineligibility is implicit.