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Tuesday, March 31, 1998

Penders defends reporting possible NCAA violation

By CHIP BROWN

Associated Press

AUSTIN - Texas coach Tom Penders said Monday he was just doing his job by reporting a possible NCAA rules violation involving a Texas booster and the parents of a Texas player.

Penders said he received a phone call Thursday that a Texas booster flew Gary and Nina Mihm, parents of star Longhorns freshman center Chris Mihm, to Texas' Feb. 24 game at Oklahoma State on a private jet.

The Texas coach, embroiled in controversy over the past two weeks because of player complaints and an assistant coach's public release of a player's grades, said he reported the information to UT compliance director Barbara Walker on Friday while both were in San Antonio for the Final Four.

The Mihms said they are friends with the booster, Rick Hawkins of Austin, outside of basketball and that the plane trip was not special treatment.

Nina Mihm told the Austin American-Statesman that Penders was "trying to find any dirt he can to muddy the waters."

Hawkins, a season-ticket holder and Texas Foundation member, is chairman of a biotechnology company in Austin. He told the newspaper:

"I was taking my son, his AAU teammate and his coach to the Texas game, and I told the Mihms if they wanted to catch a ride, they could do it. I wonder why he (Penders) turned it in now ... the timing is a little interesting."

Mihm, a 7-foot freshman from Austin Westlake, was one of four players who met at the home of Texas athletic director DeLoss Dodds on March 8 to voice complaints about Penders.

Dodds said Monday he and other UT officials had looked into Penders' report of the possible rule violation.

"We don't see anything there," Dodds said.

Penders said he was only following UT rules.

"It's our procedure at Texas that if possible violations are brought to our attention, we have to go to our compliance director immediately and tell her about that suspicion," Penders said.

"I have had numerous phone calls relating to this issue. Everything else is confidential. The same people calling me may be calling other people. This was brought to my attention on Thursday, and I met with Barbara on Friday.

"I have no comment about the Mihms other than they are wonderful people. I have a job to do. I have to follow university rules or I could be terminated."

For nearly two weeks, the university has been investigating the unauthorized release of freshman player Luke Axtell's academic progress report to a radio station and whether Penders had anything to do with it.

Axtell, also one of the four players who met privately with Dodds to complain about Penders, was suspended from the team for academic reasons on March 17. He responded by accusing Penders of verbal abuse, lying and retaliation.

Patricia Ohlendorf, vice provost and counsel to the UT president, said the findings may not be released until Wednesday - nearly a week after officials had first hoped to conclude the probe.

"We keep putting this off a day at a time as we keep getting information," Ohlendorf said. "We have a responsibility to be very thorough and fair, and that's what we are doing."

Assistant coach Eddie Oran took responsibility for releasing Axtell's grades, saying he acted without Penders' involvement.

A high-ranking university source told The Associated Press last week that Penders would be ousted as coach. Penders has four years remaining on a contract that pays $550,000 per season.

Penders has said he would agree to be reassigned but that he would legally challenge an attempt to fire him without paying the remaining $2.2 million on his contract.

"I have 27 years of established reputation in this business, and I have done nothing wrong in this issue," Penders said Monday.

"My attorneys will speak to that. My attorneys have compiled so much information on this."

Penders said he didn't think the university has treated him unfairly during its investigation.

"I have never at any time felt like the school was handling my situation poorly," he said. "I'm taking the high road. I don't have anything but positive things to say about the university. I believe people are just trying to do their jobs. If other people want to speculate, that's their right."