Georgia Tech president sued in coverup and retaliation

Ex-adviser alleges Tech coverup
Clough, Braine named in suit by former academic adviser

By MIKE KNOBLER
The Atlanta Journal-Constitution
Published on: 03/01/06

President Wayne Clough, athletics director Dave Braine and another
Georgia Tech official deliberately concealed some of the NCAA
violations that led to the school being put on NCAA probation, a former
Tech academic adviser alleges in a wrongful termination lawsuit.

Tech, already stung by the May 2003 announcement it had dismissed 10
football players from school, decided it couldn't afford the public
relations hit it would take from further academic bad news, Shane
Olivett's suit alleges.

"It's unbelievable he'd accuse the president of a university of a
cover-up," Braine said Tuesday. "[The NCAA] looked at it. There was
never any intent to cover up anything. It's unbelievable he would say
that. He might end up being sued for libel."

At a July 2003 meeting to discuss the eligibility of five or six
football players, football coach Chan Gailey "explained that he could
not weather another academic-related scandal and try to recruit quality
student-athletes to Georgia Tech," the suit says. "Defendant New
repeatedly warned Defendant Braine that another eligibility scandal, if
brought to the public's attention, would ruin Georgia Tech's athletic
and academic reputations."

Olivett argued Tech had an obligation to self-report rules violations,
but Braine and New rejected his advice, the suit says. Clough, who was
not present at the meeting, and Braine "made the decision to conceal
these facts from the NCAA and the public," the suit says.

Less than a year later, the NCAA enforcement staff learned of Tech's
rules violations via an anonymous tip and informed the school, which
conducted an audit of its athletes' academic records. In the end, the
NCAA ruled Tech had allowed 17 ineligible athletes in four sports to
compete. Tech and the NCAA said the violations were inadvertent, and
Tech blamed its failure to uncover the problem in 2003 on
communications failures within the department.

The NCAA characterized Tech's 2003 self-investigation as "inadequate,"
but the NCAA never accused the school of intentionally committing or
concealing any wrongdoing.

Clough and Olivett did not immediately respond to telephone calls
seeking comment Tuesday afternoon. New and Gailey declined to comment.

The NCAA enforcement staff interviewed Olivett during its investigation
of Tech. Olivett's suit alleges Braine "chastised" him for what he said
to the NCAA and the athletics department stripped him of duties,
restricted his computer access and threatened him with firing "should
he continue to uncover and call attention to the eligibility issues
plaguing the Georgia Tech football program."

Olivett worked at Tech from October 2002 until June 2005. He now
coordinates academic advising in the Akron athletics department.

Olivett's suit claims Tech violated his First Amendment right to free
speech, his 14th Amendment right to due process and his rights under
Georgia's whistleblower law.

Mistreatment by Tech caused him "severe emotional distress, mental
anguish, and humiliation," his suit alleges.

Tech is appealing some of its NCAA sanctions, including cuts in
football scholarships for the 2006 and 2007 seasons and a requirement
to wipe past seasons from the record books. Tech has begun a two-year
probation, its first ever.

Braine is retiring for health reasons; new athletics director Dan
Radakovich is scheduled to begin work by April 1.