PRESS RELEASE
FOR IMMEDIATE RELEASE
Contact: Attorney M. Steven Andersen
Andersen Mann Hilbert & Parker
Tel: (619) 233-8292
Email: msandersen@amhplaw.com
NO NCAA PENALTIES AGAINST PETERSON
But Former Head Coach of BYU Men’s Volleyball Questions Forced Resignation
and Disputes Conclusions Reached by the NCAA
and Disputes Conclusions Reached by the NCAA
Breaking 18 months of silence, Dr. Tom Peterson, former head coach of
BYU Men's Volleyball, responds to today’s NCAA announcement of findings
based on an investigation involving the Cougar's men's volleyball program.
“Essentially, the university and I were accused of failing to monitor the program
for NCAA rules compliance. I deny that accusation,” said Peterson.
In Peterson’s view, the NCAA findings that certain technical violations
occurred does not support the conclusion that the head coach was turning a blind
eye. He points to his previously unblemished record of 27 years of NCAA
coaching, and to what former assistants, players and administrators describe as the
atmosphere of compliance he created. “The fact that rules were violated in spite of
our consistent efforts to foster compliance proves only that even the most
conscientious efforts on the part of the head coach are not always enough to
prevent players, boosters, and even coaches from technical mistakes,” said
Peterson.
“The evidence is clear I consulted with the university’s compliance officers.
I appointed one of my assistant coaches as our program's recruiting coordinator –
with the assignment of closely monitoring all aspects of recruiting and compliance.
We reviewed his recruiting reports in weekly staff meetings and I was consistently
assured by him that specific requests and concerns were being taken care of. I also
made diligent efforts to personally communicate with players, recruits, and
boosters regarding expected behavior. Given my history with and affection for the
BYU program,” said Peterson, “I did everything I thought was necessary and
appropriate to keep the program in compliance.”
Both the NCAA and BYU agreed early on that no unethical conduct was
displayed by Peterson – there were no violations of an intentional nature and
nothing that gave BYU an unfair recruiting advantage. The violations were
technical in nature.
“All of the allegations that the NCAA chose to pursue stemmed from
humanitarian concern for others, and the actions were inadvertent. No one was
trying to circumvent rules, and none of the violations gave BYU an unfair
recruiting advantage,” states Peterson.
For example, BYU and Peterson were accused of recruiting violations in
connection with the decision of an individual who moved on his own from Puerto
Rico to Provo to seek admittance to the university and membership on its men’s
volleyball team. (In the NCAA press conference, Committee on Infractions Chair
Jo Potuto misquoted Coach Peterson on the subject of recruiting this player,
attributing to him salty language that the Coach did not and does not use.) Without
Peterson’s knowledge, a player gave the individual a ride from the airport and,
when his housing plans fell through, allowed him to stay at the player’s apartment
for some weeks. When Peterson saw they were developing a close friendship, he
consulted with the compliance office and insisted that both maintain a proper
student athlete/potential recruit relationship. Both informed Peterson that they
were conforming to this, and Peterson tasked his recruiting coordinator to follow
up on the situation.
connection with the decision of an individual who moved on his own from Puerto
Rico to Provo to seek admittance to the university and membership on its men’s
volleyball team. (In the NCAA press conference, Committee on Infractions Chair
Jo Potuto misquoted Coach Peterson on the subject of recruiting this player,
attributing to him salty language that the Coach did not and does not use.) Without
Peterson’s knowledge, a player gave the individual a ride from the airport and,
when his housing plans fell through, allowed him to stay at the player’s apartment
for some weeks. When Peterson saw they were developing a close friendship, he
consulted with the compliance office and insisted that both maintain a proper
student athlete/potential recruit relationship. Both informed Peterson that they
were conforming to this, and Peterson tasked his recruiting coordinator to follow
up on the situation.
When it appeared to all that the individual would not qualify to join the
team, he sought career employment with a booster, not itself a violation of any
rule. In fact, the individual had sought permanent employment only because of a
mistake by the NCAA Clearinghouse in initially declaring him ineligible. Again,
Peterson asked the university’s compliance officers for guidance, provided the
booster with printed regulations, reviewed the pertinent NCAA rules with the
booster and the recruit, and made it clear that the individual must be treated no
differently from any other employee.
team, he sought career employment with a booster, not itself a violation of any
rule. In fact, the individual had sought permanent employment only because of a
mistake by the NCAA Clearinghouse in initially declaring him ineligible. Again,
Peterson asked the university’s compliance officers for guidance, provided the
booster with printed regulations, reviewed the pertinent NCAA rules with the
booster and the recruit, and made it clear that the individual must be treated no
differently from any other employee.
The employer insists, in writing, that he made every attempt to follow the 30
or so pages of rules and guidance provided to him by Peterson, and that he paid a
fair wage in U.S. dollars rather than Canadian dollars because the employee had a
U.S. work permit. He even made this employee pay room and board during
training, a cost not imposed on other employees. The booster acknowledges that he
let the employee ride along in the family car on a few trips without charge, a
common business practice in a remote, rural town.
or so pages of rules and guidance provided to him by Peterson, and that he paid a
fair wage in U.S. dollars rather than Canadian dollars because the employee had a
U.S. work permit. He even made this employee pay room and board during
training, a cost not imposed on other employees. The booster acknowledges that he
let the employee ride along in the family car on a few trips without charge, a
common business practice in a remote, rural town.
Ultimately BYU compliance helped the NCAA Clearinghouse discover its
mistake in not qualifying the player early on. However, the rides and the monetary
exchange rate somehow persuaded the NCAA that the young man was given
preferential treatment.
Peterson acknowledges that he allowed an ecclesiastical leader to lend
bicycles to two students who had inquired about and requested help with
transportation to get around in Provo. “I take full responsibility for this situation,”
states Peterson. “The bicycles were never intended to be inducements to players.”
Peterson points out that BYU has a unique culture dedicated to service to others,
that the ecclesiastical leader had for years provided similar humanitarian aid to
other students. The bikes were supposed to be returned for loan to other needy
students or charities.
bicycles to two students who had inquired about and requested help with
transportation to get around in Provo. “I take full responsibility for this situation,”
states Peterson. “The bicycles were never intended to be inducements to players.”
Peterson points out that BYU has a unique culture dedicated to service to others,
that the ecclesiastical leader had for years provided similar humanitarian aid to
other students. The bikes were supposed to be returned for loan to other needy
students or charities.
As for $17,000 provided to a second Cuban athlete, Peterson denies any
failure to monitor the situation, and does not agree that this matter even belongs in
the NCAA investigation. BYU initially agreed. “I do not know what influenced
the university to change its position and join the NCAA allegation against me,”
said Peterson. “Possibly it was their legal strategy. We did not know who this
prospect was, we did not solicit him to come, and the compliance office never
identified him as a viable recruit.
failure to monitor the situation, and does not agree that this matter even belongs in
the NCAA investigation. BYU initially agreed. “I do not know what influenced
the university to change its position and join the NCAA allegation against me,”
said Peterson. “Possibly it was their legal strategy. We did not know who this
prospect was, we did not solicit him to come, and the compliance office never
identified him as a viable recruit.
This second Cuban showed up on a booster’s doorstep as a refugee who
would be deported back to his country but for humanitarian aid. The $17,000 is an
eye-catching figure characterized by the NCAA as inducements given by a booster.
But virtually all the money identified in this investigation was paid to private legal
counsel to have this individual stay in the United States. “What would any decent
person have done?” asks Peterson. “This booster even now believes he did the
right thing for this young man, who later joined the LDS church. The booster told
the young man that if he accepted assistance he would not be able to play
volleyball for BYU. This defection and assistance given had nothing to do with
the recruitment of a volleyball player.
would be deported back to his country but for humanitarian aid. The $17,000 is an
eye-catching figure characterized by the NCAA as inducements given by a booster.
But virtually all the money identified in this investigation was paid to private legal
counsel to have this individual stay in the United States. “What would any decent
person have done?” asks Peterson. “This booster even now believes he did the
right thing for this young man, who later joined the LDS church. The booster told
the young man that if he accepted assistance he would not be able to play
volleyball for BYU. This defection and assistance given had nothing to do with
the recruitment of a volleyball player.
As the NCAA investigation interviews were concluding, but long before the
allegations were filed, Peterson was summoned to a late night meeting and told he
must either resign or be fired. This action, announced on August 31, 2006, came
as a shock to the man that was the 1994 National Coach of the Year, and the only
coach ever to lead two different men's programs to a national championship (Penn
State in 1994, BYU in 2004). To this day, Peterson is uncertain as to the real
reasons he was asked to resign. It is unclear whether BYU based its decision
solely on the NCAA allegations, on sudden dissatisfaction with Peterson’s job
performance, or on political machinations.
If the administration had problems with the way I ran my program, it was a
surprise to me," said Peterson. "I received consistently positive feedback from the
administration, and no one mentioned any problems until I was abruptly asked to
resign. When I was asked for my resignation, I was told, among other things, that I
didn't care enough about certain issues such as academics, graduation, and being
lenient with meting out punishment to players who were no longer on our team.
Those accusations didn't make sense then and they still don't make sense. Anyone
who knows me knows that I care deeply about academic achievement and the
welfare of my players."
surprise to me," said Peterson. "I received consistently positive feedback from the
administration, and no one mentioned any problems until I was abruptly asked to
resign. When I was asked for my resignation, I was told, among other things, that I
didn't care enough about certain issues such as academics, graduation, and being
lenient with meting out punishment to players who were no longer on our team.
Those accusations didn't make sense then and they still don't make sense. Anyone
who knows me knows that I care deeply about academic achievement and the
welfare of my players."
“The technical nature of the NCAA allegations did not warrant the BYU
athletic department taking the action it did against me,” said Peterson. “If the
NCAA allegations were the basis for the university’s decision, it does not make
sense that my resignation would have been demanded even before the allegations
were formulated and fully investigated by the NCAA. I understand that the buck
stops with the head coach," adds Peterson. "But I have some trouble with the idea
that my then assistant and recruiting coordinator, who was in at least as good, if not
better, position than I to have discovered and prevented these violations, was
promoted to interim head coach while I was forced to resign. I can't shake the
sense that some political maneuvering was taking place behind the scenes and that
the university decided to designate me as a scapegoat.
athletic department taking the action it did against me,” said Peterson. “If the
NCAA allegations were the basis for the university’s decision, it does not make
sense that my resignation would have been demanded even before the allegations
were formulated and fully investigated by the NCAA. I understand that the buck
stops with the head coach," adds Peterson. "But I have some trouble with the idea
that my then assistant and recruiting coordinator, who was in at least as good, if not
better, position than I to have discovered and prevented these violations, was
promoted to interim head coach while I was forced to resign. I can't shake the
sense that some political maneuvering was taking place behind the scenes and that
the university decided to designate me as a scapegoat.
Nearly a year after his forced resignation, Peterson was finally given access
to interview statements given by various individuals during the prior year’s NCAA
investigation – access he was supposed to have had early on but was not granted.
Peterson recalls being “stunned” upon listening to recordings of testimony given
by two staff members presenting false and misleading statements concerning him.
Some of the testimony was so outlandish it was completely disregarded by the
NCAA.
to interview statements given by various individuals during the prior year’s NCAA
investigation – access he was supposed to have had early on but was not granted.
Peterson recalls being “stunned” upon listening to recordings of testimony given
by two staff members presenting false and misleading statements concerning him.
Some of the testimony was so outlandish it was completely disregarded by the
NCAA.
But Peterson thinks the university’s decision to remove him was based on
such statements. “I realized these individuals must have taken an opportunity to
further personal agendas by making false and inflammatory statements about me
and my coaching practices. It is unfortunate that I was terminated without ever
being apprised of the misinformation that had been given. I didn't have an
opportunity to know or defend myself against my accusers. I would like to have
seen more loyalty from my alma mater, the institution that I have long served to
the best of my ability."
Positive support from Peterson’s long-time assistant, Grayson DuBose, now
head women’s volleyball coach at Utah State University, was apparently ignored.
“I served as coach Peterson’s assistant coach at three institutions, and I was the
recruiting coordinator at two of them,” says DuBose. “At BYU I also helped when
needed with recruiting. I think I am in a better position to talk about Tom and his
coaching practices than other staff members. At no time did I ever feel that Tom
tried to take unfair advantage with recruiting; quite the opposite, if there were a
question about something, Tom would err on the side of being cautious.” BYU
athletic officials did not interview DuBose in connection with the decision to
terminate Peterson, even though DuBose requested that he be contacted.
head women’s volleyball coach at Utah State University, was apparently ignored.
“I served as coach Peterson’s assistant coach at three institutions, and I was the
recruiting coordinator at two of them,” says DuBose. “At BYU I also helped when
needed with recruiting. I think I am in a better position to talk about Tom and his
coaching practices than other staff members. At no time did I ever feel that Tom
tried to take unfair advantage with recruiting; quite the opposite, if there were a
question about something, Tom would err on the side of being cautious.” BYU
athletic officials did not interview DuBose in connection with the decision to
terminate Peterson, even though DuBose requested that he be contacted.
“It is unfortunate that the university acted precipitously in asking for Coach
Peterson’s resignation in the middle of the fact finding,” comments Peterson’s
attorney, Steve Andersen. “I’m convinced things would have turned out better all
around if the university had closed ranks with its coach and supported him through
the NCAA investigation process. Peterson is a good man and a great coach who
deserves to be in volleyball today.”
Peterson’s resignation in the middle of the fact finding,” comments Peterson’s
attorney, Steve Andersen. “I’m convinced things would have turned out better all
around if the university had closed ranks with its coach and supported him through
the NCAA investigation process. Peterson is a good man and a great coach who
deserves to be in volleyball today.”
With the assistance of his wife, sister and pro bono legal representation from
Andersen, Peterson prepared and submitted to the NCAA and BYU a lengthy
written response to the allegations. They also prepared for and attended the
hearing in December 2007, at which Peterson depicts feeling as "David going up
against two Goliaths."
Andersen, Peterson prepared and submitted to the NCAA and BYU a lengthy
written response to the allegations. They also prepared for and attended the
hearing in December 2007, at which Peterson depicts feeling as "David going up
against two Goliaths."
Peterson describes the relief he felt following the hearing: "A tremendous
weight was lifted when I finally had a chance to be heard by NCAA committee
members and BYU administrators who were present. We put forth a strong case. I
knew it would not reverse what had already happened to my family, and that the
deck was stacked against me at the hearing. But it felt good to tell what we knew
to be the truth of the situation.”
After his first experience serving as counsel in a matter dealing with the
NCAA, Andersen gave his observations. “The NCAA seems focused on the trivial,
while ignoring the big picture. At the hearing, I witnessed a futile attempt by the
NCAA Enforcement Staff to explain to the Committee on Infractions the meaning
of a new rule aimed at head coaches. If those at the NCAA who live and breathe
the rules every day can’t understand or explain them, I don’t know how they
expect the coaches out there to obey them all. And the proliferation of rules over
the years is mind boggling. In 1952, the rule book was 25 pages long. Today, it
totals 1,105 pages. The objectives of the NCAA are laudable, but the system needs
a serious overhaul,” concluded Andersen.”
NCAA, Andersen gave his observations. “The NCAA seems focused on the trivial,
while ignoring the big picture. At the hearing, I witnessed a futile attempt by the
NCAA Enforcement Staff to explain to the Committee on Infractions the meaning
of a new rule aimed at head coaches. If those at the NCAA who live and breathe
the rules every day can’t understand or explain them, I don’t know how they
expect the coaches out there to obey them all. And the proliferation of rules over
the years is mind boggling. In 1952, the rule book was 25 pages long. Today, it
totals 1,105 pages. The objectives of the NCAA are laudable, but the system needs
a serious overhaul,” concluded Andersen.”
The demeaning handling of his termination and the loss of employment have
been an ordeal for Peterson and his family. Despite what he describes as
"surprising and disappointing" actions of individuals, connected with his
termination and the investigation, Peterson continues to respect and support the
goals and principles of Brigham Young University and its sponsor, the Church of
Jesus Christ of Latter-day Saints. “How you treat individuals is more important
than promoting your own image,” said Peterson" My career and family have been
severely impacted, but we will continue to make the best we can of the situation,”
he stated.
been an ordeal for Peterson and his family. Despite what he describes as
"surprising and disappointing" actions of individuals, connected with his
termination and the investigation, Peterson continues to respect and support the
goals and principles of Brigham Young University and its sponsor, the Church of
Jesus Christ of Latter-day Saints. “How you treat individuals is more important
than promoting your own image,” said Peterson" My career and family have been
severely impacted, but we will continue to make the best we can of the situation,”
he stated.
Peterson's family has an impressive history with BYU. Numerous family
members have been associated with the institution as students, athletes, professors,
and administrators – Peterson's sister, Brenda, played volleyball and basketball for
BYU and has been inducted into the BYU Athletic Hall of Fame. An uncle, Ben
Lewis, also in the Athletic Hall of Fame, is a legend in BYU executive
administration. An Orem native, Peterson, holds a doctorate degree from BYU,
also coached the BYU men's volleyball club team to three national championships
in the 1980s, and has coached with both men's and women's volleyball programs
for many years.
Peterson is grateful for the close friends and family members who have
given unwavering support, “they have been a source of strength to my wife and me
during a very difficult time." Peterson also notes, "I am also deeply appreciative of
some 30 professional colleagues who wrote letters of support to the NCAA
regarding my character and conduct as a coach."
members have been associated with the institution as students, athletes, professors,
and administrators – Peterson's sister, Brenda, played volleyball and basketball for
BYU and has been inducted into the BYU Athletic Hall of Fame. An uncle, Ben
Lewis, also in the Athletic Hall of Fame, is a legend in BYU executive
administration. An Orem native, Peterson, holds a doctorate degree from BYU,
also coached the BYU men's volleyball club team to three national championships
in the 1980s, and has coached with both men's and women's volleyball programs
for many years.
Peterson is grateful for the close friends and family members who have
given unwavering support, “they have been a source of strength to my wife and me
during a very difficult time." Peterson also notes, "I am also deeply appreciative of
some 30 professional colleagues who wrote letters of support to the NCAA
regarding my character and conduct as a coach."
Currently, Peterson is teaching math and reading to local second graders in
an after-school program. He also keeps his hand in the game by conducting
volleyball camps throughout the country and acting as a consultant for a handful of
collegiate volleyball programs. He maintains involvement with the MPSF men's
volleyball conference by handling the scheduling for the 12 team men's
organization.
an after-school program. He also keeps his hand in the game by conducting
volleyball camps throughout the country and acting as a consultant for a handful of
collegiate volleyball programs. He maintains involvement with the MPSF men's
volleyball conference by handling the scheduling for the 12 team men's
organization.
He remains hopeful while he continues to pursue new full-time employment
opportunities in the athletics arena. Says Peterson, "I look forward to coaching at
the collegiate level once again."
opportunities in the athletics arena. Says Peterson, "I look forward to coaching at
the collegiate level once again."
# # #
For further information, please contact Dr. Peterson’s attorney, M. Steven
Andersen, at (619) 233-8292.
