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Claims emerge against CU's Barnett

University looking into letter alleging drug-testing, witness tampering

Kevin Vaughan, Todd Hartman and Sara Burnett, Rocky Mountain News

Published December 8, 2005 at midnight

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University of Colorado president Hank Brown has asked attorneys to investigate a series of allegations about the school's football program and its embattled coach, Gary Barnett, raised in an unsigned letter, the Rocky Mountain News has learned.

Steven Snyder, a private investigator hired in 2004 to look into CU's recruiting practices, said he believes the letter was written by "a former employee of the athletic department."

Snyder forwarded the letter and accompanying documents to Brown's office after he received them in October.

The letter includes assertions Barnett attempted to influence the sworn testimony of subordinates and charges of NCAA violations and financial improprieties.

Among the alleged NCAA violations is an assertion football players were tipped off well in advance of what were supposed to be random drug tests.

Brown turned over the allegations, none of which have been proved, to university attorneys, as well as state and federal officials, for investigation.

In addition, the charges were provided to the state auditor's office, which is wrapping up a monthslong review of spending in the CU athletic department and in summer football camps conducted by Barnett.

The disclosure came against mounting speculation Wednesday that Barnett's seven-year tenure as CU coach was about to end after three high-profile losses and the aftermath of a recruiting scandal that spawned numerous investigations, a grand jury probe, federal lawsuits and news reports that tarnished the school's reputation.

Barnett, who was suspended for three months in 2004, is one of the last key players standing in the wake of those controversies. Former CU president Betsy Hoffman resigned earlier this year under a cloud, months after athletic director Dick Tharp quit and Boulder campus chancellor Richard Byyny stepped down.

Barnett slipped out a side door of the Dal Ward Athletics Center on the Boulder campus early Wednesday evening without addressing his future. He then met with athletic director Mike Bohn.

Barnett would not stop for an interview as he was leaving his office with a companion. Barnett's personal attorney, John Rodman, did not return messages left at his office and home.

Barnett also had declined an earlier request for an interview relayed through his executive assistant.

Bohn did not return calls left during the day.

The university's Board of Regents is scheduled to concluded two days of meetings today, but it wasn't clear whether Barnett's job status would be resolved at the gathering.

The new allegations about conduct in the football program first came to light in October, when they were forwarded to Snyder, an investigator retained in 2004 by the Independent Investigative Commission, which had been created by the regents to examine CU's recruiting practices.

Snyder told the News on Wednesday that even though his work for the IIC concluded in mid-2004, he has continued to receive tips from time to time. He concluded many were not serious and did not act on them, he said, but he felt the information given to him in October deserved to be fully investigated.

He said it included a typed 1 1/2- page letter and copies of a number of documents, some of which appeared to include Barnett's handwriting.

Snyder forwarded the documents to Brown, sending copies to Brown's chief of staff and a university attorney.

"The reason I forwarded that to Hank Brown's office, as opposed to other phone calls and things I've received, is I really felt the seriousness of the content of those allegations needed to get a response," Snyder said.

The News confirmed the contents of the information sent to Snyder with a second source familiar with the materials.

"I know of no facts that will support this," said Larry Pozner, an attorney who has represented CU in the now-dismissed civil lawsuits.

Pozner called it "rumor and innuendo."

"Give me evidence and I'll reply," he said.

It was not clear whether federal or state authorities were investigating the allegations.

"Our response in general is not to confirm or deny the existence of any potential federal investigation," said Jeff Dorschner, spokesman for the U.S. Attorney's Office in Denver.

And state Attorney General John Suthers said he could not comment.

Brown confirmed Wednesday night he received the letter detailing the allegations against Barnett and that he asked university lawyers to investigate it.

He said he believed most of the allegations already had been investigated as part of the earlier lawsuits.

"My impression was there's not a whole lot new in there, but I'm not entirely familiar with everything that's been investigated in recent years," said Brown, who took office in August.

Asked if it would affect Barnett's contract, Brown responded, "I wouldn't think so."

"Right now, it's in the hands of the athletic director and the chancellor," he said.

Pauline Hale, a spokeswoman for CU-Boulder, said she spoke with chancellor Phil DiStefano late Wednesday and that he didn't know enough about the issue to comment.

Snyder and the second source detailed a series of allegations and concerns raised in the letter:

• That Barnett attempted to influence the testimony of others who gave depositions in the civil lawsuits and before the state grand jury.

• That Barnett failed to take any action against some football players suspected of inappropriate behavior, including an instance in which he failed to discipline a player who was the subject of a criminal sexual-assault investigation.

• That Barnett told others that every effort was to be made to protect one of the players who was accused of being involved in the Dec. 7, 2001, party that spawned the scandal and federal lawsuits.

• That NCAA violations occurred during Barnett's tenure at CU, running the gamut from a charge that the Buffaloes sometimes used 10 coaches on the sideline instead of the nine that are allowed to assertions players were tipped off, well in advance, of the days when they would be subjected to what were supposed to be random drug tests. The letter also accused Barnett's recruiting program of hosting extravagant meals and taking prospects and players to clubs that served alcohol.

• That numerous questions existed about the use of money, particularly in the summer football camps that are now the subject of the looming state audit report. For example, the letter alleged extraordinary amounts of money were provided to a student staff member in the athletic department who also was involved in the ambassador program, which pairs recruits with hosts while they are visiting the Boulder campus in an effort to help orient the prospects to CU and the football program.

• The letter was accompanied by copies of documents, including some that described "undisclosed supplemental income" apparently paid to assistant coaches. Snyder said the notes included handwriting that appeared to be Barnett's.

"He signed it 'Gary,' and then it had a 'Colorado football' stamp underneath it," Snyder said.

The source familiar with the letter's contents said it included extensive details, including locations where incidents occurred and the names of people involved.

Snyder said he spoke with state auditors last week on a conference call of approximately one hour and that they asked extensive questions about the assertions.

"I just think they had a serious issue, a serious concern with this and a lot of the things," Snyder said.

He said the most recent tip he received came Friday. He decides what to do with the information on a case-by-case basis.

"I have continued to receive communications from people concerned about the activities in the athletic department," Snyder said.

He said he did not have any stake in the now-dismissed federal lawsuits, which are the subject of ongoing motions seeking their reinstatement.

"I have attempted to remain neutral in that civil case since they each tried to pull me in," said Snyder, who noted CU and attorneys for two of the women who sued the university had tried to retain him after his IIC work.

"I told each one of them that I felt my loyalties were to the commission and the work I did for the commission, and I wanted to keep it that way and I wanted to remain neutral and fair and unbiased on this. I don't have a position one way or another in that civil case, and I don't want one, and I thought by taking this to Hank Brown's office it would be the most fairness in this whole situation."

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