Former Kansas football coach David Beaty’s lawyers are prepared to file a subpoena to the NCAA in pursuit of numerous documents, including those involving its investigation into coach Bill Self and the KU men’s basketball program.
Beaty’s lawyers, in a memo dated Wednesday, made the request as part of Beaty’s current lawsuit against KU Athletics. Beaty’s counsel is requesting 22 different subsections of documents from the NCAA, with those relating to the men’s basketball program, including:
— Documents submitted by anyone on behalf of KU Athletics, Self or assistant Kurtis Townsend relating to the NCAA investigation;
— Records relating to in-person meetings between NCAA representatives and KU Athletics, Self or Townsend;
— Materials submitted by KU in connection with the NCAA investigation and Notice of Allegations against Self or any subordinate of Self;
— Documents submitted or supplied by Self to the NCAA in connection with the investigation.
The NCAA’s original Notice of Allegations charged KU’s basketball program and Self with five Level I violations — the most severe in the the organization’s three-tier system — while also citing KU with lack of institutional control.
Beaty’s lawyers, in Wednesday’s memo, also ask for a bevy of other items from the NCAA, including documentation involving Beaty, current coach Les Miles and also 2019 football analysts Tony Coaxum and Devin Ducote, who were alleged in KU’s Amended Notice of Allegations to have given impermissible on-field instruction to football players.
KU Athletics, in a court filing Wednesday, dismissed Beaty’s attempts to contrast the department’s treatment of Self and former Jayhawks football coach Mark Mangino regarding potential violations, arguing that it’s “completely disparate circumstances” and in Mangino’s case involved an entirely separate administration.
In February, Beaty’s lawyers also filed a memo to announce an intention to subpoena ex-Adidas consultant T.J. Gassnola in pursuit of documents related to their case.
Gassnola was a key figure during the Adidas college basketball trial in October 2018, testifying, in part, that he paid the family of former KU player Billy Preston $89,000 and the guardian of current Jayhawks player Silvio De Sousa $2,500 for online classes.
Gassnola, who was a witness for the government and later avoided prison time thanks to his cooperation, also testified he agreed to pay $20,000 to help De Sousa’s guardian repay a Maryland booster who gave him $60,000, but Gassnola never paid, he said. Gassnola also testified that neither Self nor Townsend knew about the payments.
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