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August 8, 2017

Page 2

The University is not blind, however, to the imposition on academic


schedule as a result of the Committee's mandate. To that end, and because the University's focus
remains on the development of a complete evidentiary record from which the whole truth can be
ascertained, the University is willing to forgo any objection to request for recusal
from the hearing so long as it is afforded a prompt, unfettered interview of subject to
the following conditions:

1. The interview will touch on all pertinent issues, including those directly dealing with
the Notice of Allegations as well as tangential issues touching on overall
credibility. would be welcome to have legal representation present, but, as
with a typical interview conducted by the NCAA enforcement staff, the University's
examination would not be limited to any particular subject matter and
would answer all questions without objection;

2. will waive any confidentiality rights to the enforcement staff's


investigative file and interview transcripts surrounding the NCAA inquiry into
allegations involving , its football staff, and/or boosters,
which is relevant to credibility (and that of other potential witnesses). In
our conversations with the staff, they have indicated that they are unwilling to share
the contents of that investigation without such a waiver; and

3. As required by Committee on Infractions Internal Operating Procedure 3-12-1, notice


of and an opportunity to participate in the interview will be given to the Committee,
the enforcement staff, and all at-risk or involved parties to the University's infractions
case.

Please let us know by close of business tomorrow, Wednesday, August 9, 2017, whether
will agree to the University's proposal. If the University is unable to reach
agreements along these lines with all parties, we will be left with no alternative but to formally
object to request for recusal. As always, I am available to answer any questions you
may have.

Best regards,

~~
Enrique J. Gimenez

EJG:teh

cc: Lee Tyner, Esq. (via email)


Brian P. Kappel, Esq. (via email)
Mike Glazier, Esq. (via email)

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