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Friday, October 12, 2007

A&M coach might have violated contract   Send a link to a friend

[October 12, 2007]  COLLEGE STATION, Texas (AP) -- Texas A&M coach Dennis Franchione appears to have violated the terms of his contract by failing to report outside income generated by his secretive, for-pay newsletter and personal online site.

Embarrassed school officials said Thursday that income from CoachFran.com and the newsletter, which was e-mailed to boosters for $1,200 a year, brought in about $80,000 to Franchione between 2005 and 2007. The school said Franchione's net profit was $37,806.32.

The NCAA requires coaches to file annual reports with their schools detailing "athletically related income and benefits from sources outside the institution." A copy of Franchione's contract, obtained by The Associated Press, includes that stipulation and specifically mentions income from online sites.

The AP also obtained copies of Franchione's annual outside income reports, and none include income from online sites.

The school said Franchione didn't think he had to report the income until he received the proceeds that exceeded expenses incurred maintaining the online site.

Despite the clear language of the contract, school officials said they were asking their attorneys whether Franchione violated his $2 million-per-year deal by failing to report the outside income. Athletic director Bill Byrne said he would report the results of an internal investigation to the NCAA.

Byrne also said that the entire episode will be a factor in deciding whether Franchione, under contract through 2012, will return next season.

"I'm assuring you, it will be part of his personnel review," Byrne said. "At the end of the year, we always go over what happened in the previous year. We evaluate any actions that occurred to the football team, we look at items like recruiting, wins and losses, NCAA violations, Big 12 violations."

The NCAA doesn't comment on specific cases or even confirm ongoing investigations. NCAA spokeswoman Stacey Osburn did say income from personal online sites would be considered "athletically related" and must be reported by coaches.

David Batson, A&M's compliance officer, said he didn't expect the NCAA to penalize the program with sanctions, though he wouldn't rule it out.

"I think the actions taken by the institution will suffice," Batson said. "But ultimately, that's a decision by the NCAA."

Violation of NCAA rule 11.2.2 alone has never resulted in a major infractions case. Several schools -- including Wisconsin in 1999, Southwestern Louisiana in 1995 and Virginia in 1993 -- were punished for their coaches failing to report athletically related income in combination with numerous other infractions, according to the NCAA.

Byrne had already ordered Franchione to end the newsletter and on Thursday announced that Franchione must also shut down his online site. Franchione also will receive a "letter of admonishment."

"The Aggies are embarrassed right now," Byrne said. "This has been a very unfortunate incident we do not want to experience again."

The school pointed out three areas where possible violations occurred:

  • Franchione did not report income generated through his online site or from the newsletter, called the VIP Connection. The school said Franchione thought he did not have to report the income until he received the proceeds that exceeded expenses incurred maintaining the online site.

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  • The VIP Connection occasionally contained information about prospective student-athletes. The NCAA prohibits a school from commenting publicly on recruits until they sign letters of intent.

  • The school suggested that Franchione violated Big 12 Conference standards of sportsmanship by criticizing officiating in some of the newsletters.

Batson said Franchione was unaware of newsletter recipients using the information for gambling.

Byrne said he wasn't aware of the newsletters until a reporter asked about them. A&M hired a consulting firm to investigate about two weeks ago, after Franchione admitted he provided the information in the newsletter.

"My guess is there was an attempt to keep it from us," Byrne said. "I think the whole thing started as something well-intended, to keep a number of people who were good donors to the university forever informed about things that were going on. It just got out of control."

Franchione apologized to his team, the school and fans in a statement released after Byrne met with reporters.

"I was trying to keep some loyal Aggies informed on our program in greater detail throughout the year," he said. "Please do not blame them. They were only trying to support our program."

Franchione also was ordered to no longer employ "any staff members that could be construed as representing Texas A&M or providing information or reports relative to his position as head coach at Texas A&M."

Byrne said Franchione's longtime personal assistant, Mike McKenzie, actually wrote the e-mails, and Byrne suggested Franchione may not have always known about the content.

"My supposition is someone came to Fran and said, 'You mind if we do something like this for some people?'" Byrne said. "His thought was, 'No. Go ahead.' My guess was he never saw it after that. He concentrates on football."

One newsletter from Aug. 13, 2007 read: "TOTAL MUM ON THIS. A certain highly regarded prospect who has committed to Michigan showed up at practice Saturday wearing a USC cap, for which he took a lot of guff. ;)

"As they say in recruiting, it's a long time until February. Same for kids who say they're going to, oh, say, Alabama."

The e-mail continues that Franchione talked to an official whose daughter goes to A&M. From Franchione's view, the newsletter reads, the official was "subconsciously not trying to appear biased about A&M" and making calls against the Aggies.

[Associated Press; by Jeff Carlton and Chris Duncan]

Associated Press Writer Jeff Carlton reported from Dallas.

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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