The decision also stated that the NCAA proceedings are not relevant because the organization’s enforcement staff does not take testimony under oath and there is no cross-examination. “Cross-examination has long been recognized as an essential element of due process because it has the salutary effect of incentivizing witnesses to not make unsubstantiated or exaggerated claims.” Irvings further stated, “UConn’s dismissal of Kevin Ollie was predicated on an incomplete investigation, inadequate process, and ultimately a collection of unproven or minor, isolated infractions for which termination was far too severe a sanction.”
After exhaustively examining the evidence, the arbitrator determined that at worst, Ollie’s conduct could have amounted to three or four minor Level III NCAA violations, which could have been addressed through progressive discipline. These issues, the arbitrator found, did not rise to the level of “serious misconduct” as required by the CBA. The arbitrator also criticized the punishment of Ollie as arbitrary, capricious and disparate. In so finding, the arbitrator cited previous similar (or worse) NCAA violations by the University’s football, men’s basketball and women’s basketball coaches–none of which resulted in termination. The arbitrator awarded Ollie a total of $11,157,032.92, consisting of the remaining base compensation, deferred compensation and media fees. On February 1, 2022, the University announced that it had paid Ollie as ordered.