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INTRODUCTION ......................................................................................................... 1
FACTS, ISSUES, AND PROCEDURAL POSTURE……………………...……….. 1
RESPONDENT’S CURRENT APPOINTMENT .................................................................................. 1
CMU, MAC, AND NCAA POLICIES, PROCEDURES, RULES, AND
REGULATIONS PROTECTING STUDENT-ATHLETE HEALTH AND SAFETY ........................ 2
RESPONDENT REPEATEDLY REMINDED OF POLICIES, PROCEDURES,
RULES, AND REGULATIONS PROTECTING STUDENT-ATHLETE HEALTH ......................... 6
Appendix B ............................................................................................................................................. 33
Appendix C ............................................................................................................................................. 44
Appendix D ............................................................................................................................................ 47
Appendix E ............................................................................................................................................. 92
Appendix F ............................................................................................................................................. 98
INTRODUCTION:
Respondent’s most recent appointment outlines his duties as follows, in pertinent part:
First and foremost, Respondent’s job is to coach gymnastics within the confines of CMU,
Mid-American Conference (MAC), and NCAA policies, procedures, rules, and regulations.
This point is further clarified later in Respondent’s individual employment agreement in the
section addressing termination, which states in pertinent part:
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CMU is a Division I FBS member of the NCAA with conference affiliation in the
MAC. As part of CMU’s membership in the NCAA and affiliation with the MAC, CMU agrees
to various rules covering topics ranging from recruiting and student-athlete eligibility to
student-athlete health and safety and the ethical treatment of student-athletes. CMU
additionally institutes and adopts its own policies, procedures, rules, and regulations on various
topics.
2 Id.
3 NCAA Sports Science Institute, Interassociation Consensus: Independent Medical Care for College Student-
Athletes Best Practices, attached as Appendix B.
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The NCAA additionally requires member institutions to designate a team physician for all or
each of its intercollegiate teams.5 The team physician shall be a Doctor of Medicine (MD) or
Doctor of Osteopathic Medicine (DO) with a current license in good standing to practice
medicine in the state in which the institution is located.6 The team physician is authorized to
oversee the medical services for injuries and illnesses incidental to a student-athlete’s
participation in intercollegiate athletics.7
Team Physician for Gymnastics at CMU is Dr. Noshir Amaria. Dr. Amaria joined
Central Michigan in September 2017, as a team physician for the CMU Athletics Department
and as an assistant professor of family medicine and sports medicine at CMU College of
Medicine. Dr. Amaria came to CMU after completing his primary care sports medicine
fellowship at St. John Providence/Providence Park Hospital in Novi, Michigan, in June, 2017.
During his fellowship, Dr. Amaria served as the team physician for Madonna University in
Livonia. Dr. Amaria received his doctorate from the Michigan State University College of
Osteopathic Medicine in 2011. He completed post-graduate training, his family-medicine
residency, and osteopathic manipulative medicine/neuromusculoskeletal medicine training at
Sparrow Hospital in Lansing. Dr. Amaria earned his Bachelor of Science degree in Kinesiology
with a specialization in Athletic Training from Michigan State in 2004 and then served as a
graduate intern athletic trainer at Michigan State. He also worked as an athletic trainer for
Portland High School and is a licensed certified athletic trainer. Dr. Amaria holds professional
memberships in the National Athletic Trainers' Association, the American Osteopathic
Association, the American Academy of Family Physicians, the American Academy of
Osteopathy, the American College of Osteopathic Family Physicians, the American
Osteopathic Academy of Sports Medicine, the American Medical Society of Sports Medicine,
and the American Institute of Ultrasound in Medicine.
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To safeguard the requisite independence of the designated medical staff, CMU places the
employment of the Medical Director and Head Team Physician outside the Department of
Intercollegiate Athletics.10 All Athletic Trainers are employed within the Athletics Department
and operate under the oversight of the Medical Director and Team Physicians. 11 Athletic
Trainers report to the Assistant Athletic Director for Sports Medicine who acts as the NCAA
Athletics Health Care Administrator for CMU. 12 In this case, a Student Athletic Trainer,
Kelsey Aldworth (Student Trainer Aldworth), was also involved in the facts giving rise to the
instant complaint.
Dr. Jennifer Trpkovski is Medical Director at CMU. Dr. Noshir Amaria is the Team
Physician for Gymnastics at CMU. Brian Wiese, MS, AT, ATC, is the Assistant Athletic
Director of Sports Medicine and the designated NCAA Athletics Health Care Administrator
at CMU. Kristen Jackson (Trainer Jackson), MS, AT, ATC is the Assistant Athletic Trainer
assigned to Gymnastics.
9 Id.Emphasis added.
10 Id.
11 Id.
12 Id.
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CMU Sports Medicine Mild Traumatic Brain Injury Concussion Management Plan
In compliance with NCAA regulation, CMU instituted the CMU Sports Medicine Mild
Traumatic Brain Injury Concussion Management Plant (Concussion Management Plan). 13
CMU’s Concussion Management Plan complies with all requirements outlined by the NCAA.
13 CMU Sports Medicine Mild Traumatic Brain Injury Concussion Management Plan attached as Appendix D
14 CMU Sports Medicine Permanent Medical Disqualification Policy and Procedure attached as Appendix E.
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their sport] with the student-athlete and let the discussions stay within the medical personnel
and student-athlete.”15
There are obvious power differentials between a student athlete and that athlete’s coach. In
addition, there are serious consequences manifest in any determination that a student-athlete
is permanently disqualified from her or his sport for medical reasons. As such, CMU’s
Permanent Medical DQ policy makes it abundantly clear that the decision is one between
Medical Director and student-athlete and that coaches must not involve themselves, including
a prohibition against influencing timeframes, in that process. The language in the policy could
not be more clear or definitive, stating “Coaches need to understand they will have NO
say nor influence in the timeframe for the process of medical disqualifications.”
On October 11, 2017, Assistant Athletic Director of Sports Medicine and designated
NCAA Athletics Health Care Administrator, Brian Wiese (Director Wiese), emailed
Respondent to reiterate CMU rules, policy, and expectations for the medical care of student-
15 Id.
16 Id. Emphasis added.
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athletes.17 Director Wiese learned that Respondent made an independent and unauthorized
decision to engage an outside medical professional (Mark Stansberry, PT) to complete
evaluations on every CMU Gymnastics student-athlete without discussing the matter with any
CMU medical professional. Respondent’s obvious disregard for the CMU Independent
Medical Model caused Director Wiese to caution Respondent, stating:
On October 16, 2017, following his email, Director Wiese met with Respondent for around
1.5 hours to discuss why Respondent’s communication with Mark Stansberry, PT, violated
CMU’s Independent Medical Model.19 Director Wiese’s impression of Respondent during this
meeting was that he was largely disrespectful and hostile.20 By the end of the meeting, Director
Wiese noted that he was able to get Respondent to acknowledge the purpose of CMU’s
Independent Medical Model and his need to adhere to its requirements.21
On October 3, 2018, Gymnastics Team Physician, Dr. Amaria, sent a lengthy email to
Respondent outlining several instances of inappropriate interference by Respondent in
student-athlete healthcare. 23 The first incident Dr. Amaria referenced was when
17 Director Brian Wiese’s Email to Respondent, October 11, 2017, attached as Appendix F.
18 Id. Emphasis added.
19 Executive Director of Faculty Personnel Services, Dennis Armistead, and Director of Faculty Employee
Relations, Scott Hoffman, interviewed Director Wiese on March 26, 2019, wherein he articulated his
recollection of his email to, and meeting with, Respondent in October of 2017.
20 Id.
21 Id.
22 Mid-American Conference Coached Concussion Acknowledgement Form attached as Appendix G.
23 Dr. Amaria’s Email to Respondent, October 3, 2018, attached as Appendix H.
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. Dr.
Amaria went on to explain his medical background, highlight the differences between
chiropractic preparation and osteopathic medical school, highlight the importance of CMU’s
Independent Medical Model, and to ask Respondent to afford him and the Sports Medicine
Department the same level of respect that they extend to Respondent.
24 Respondent, in his interview with Investigators, admitted this as true in front of Investigators and his Faculty
Association Representatives.
25 Athletics Director Alford’s Email to Respondent, October 12, 2018, attached as Appendix I.
26 Investigators confirmed this detail through conversations with Athletics Director Alford.
27 Student Trainer Aldworth and each separately confirmed this detail in their interviews with
Investigators.
28 Trainer Jackson, , and Director Wiese all separately confirmed this detail in their interviews
with Investigators.
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Athletic Director for Sport Administration, Cristy Freese (Director Freese), and Associate
Athletic Director for Sport Administration and Communications, Rob Wyman (Director
Wyman), stating:
Director Wyman shared the details of the complaint with Athletics Director Alford. Athletics
Director Alford shared the details of the complaint with Executive Director of Faculty
Personnel Services30, Dennis Armistead (Executive Director Armistead). On February 20,
2019, Executive Director Armistead, Athletics Director Alford, Director Wyman, Deputy
Athletic Director for External Operations, Craig Willey (Director Willey), and Director of
Faculty Employee Relations, Scott Hoffman (Director Hoffman) served Respondent a Notice
of Investigation in accordance with Article 16 of the Agreement.31 CMU placed Respondent on
paid administrative leave during the pendency of the investigation. Respondent submitted a
request for Faculty Association representation. Director Hoffman reached out to the Faculty
Association and Dr. Phil Squattrito (tenured Professor in Chemistry & Biochemistry) and
Suzanne Clarke, J.D. (MEA Staff Attorney)32 agreed to serve as Respondent’s representatives.
Article 15 of the Agreement permits CMU to terminate bargaining unit members for
just cause.33 Article 16 of the Agreement requires Faculty Personnel Services to be notified of
complaints against bargaining unit members as soon as possible.34 Article 16 requires CMU to
provide bargaining unit members notice of the substantive nature of an investigation along
with notice of the bargaining unit member’s right to Faculty Association representation.35
serving as Respondent’s second rep when Mr. Kline went on medical leave.
33 See, Agreement at Article 15(1) and (2)(d).
34 Id. at Article 16(1).
35 Id. at Article 16(2) and (3).
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concussion.
explained that Respondent called her into Assistant Coach Linford’s office
noted that Respondent and Assistant Coach Linford were
both present during the conversation. expressed that Respondent told her that if she,
or any other student-athlete, experiences a concussion in the future she (or other student-
athletes) “. . . shouldn’t say that she has a headache or that she can’t remember something.”
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process for evaluating their symptoms for concussion is dependent on their subjective
complaints to the coaches.39
has been a student-athlete in Gymnastics since her freshman year. noted that there
is a general culture of pushing through injuries within Gymnastics.
On February 26, 2019, Investigators interviewed Trainer Jackson. Trainer Jackson has her
Master’s in Athletic Training from Indiana University and Bachelor’s in Athletic Training
from Bowling Green State University. Trainer Jackson is a certified Athletic Trainer in the
State of Michigan since 2012. To maintain licensure, Trainer Jackson engages in 50 hours of
continuing education every two years. Director Wiese assigned her as the trainer for
Gymnastics in 2017. Trainer Jackson noted that she is in control of whether a student-athlete
can participate in activities. Trainer Jackson noted that she felt support by the CMU
Independent Medical Model and CMU Athletics Administration.
Trainer Jackson expressed that, while Respondent listened to her, he didn’t always
follow her direction. Trainer Jackson expressed a belief that Respondent acted differently
when not in her presence and has questioned her medical judgment to others. Trainer Jackson
noted student-athletes expressed discomfort to her when Respondent contradicted her
assessments. Trainer Jackson noted that Respondent violated CMU’s Independent Medical
Model in late 2018 when he spoke to about the
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hear it from the student directly. Trainer Jackson followed up with who told her what
happened in the same details as relayed by Student Trainer Aldworth.
Respondent was serving as spotter at the time of her injury. There was no
trainer present in the gym at the time of her injury. Respondent told that he would not
help her out of the foam pit and that she had to get out herself
ultimately crawled out of the foam pit by herself.
noted that she experienced over-use injuries and plantar fasciitis while at CMU.
noted that Respondent is often reluctant to let her stop an assignment due to
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injury. noted that she saw on campus on February 20, 2019 and told
her that there was something wanted to tell her. The next day, spoke with
by telephone and informed her that Respondent told that she shouldn’t have
told the trainers about her symptoms and that she should hide
symptoms if it happens in the future. reflected that she was not surprised by
Respondent’s conversation with noted in an email to Executive Director
Armistead:
On February 27, 2019, Investigators interviewed Dr. Noshir Amaria. Dr. Amaria is Team
Physician for Gymnastics and is board-certified in Family Medicine, Osteopathic
Manipulative Medicine, and Athletic Training.41 Dr. Amaria noted a history of concerns with
Respondent violating the Independent Medical Model including sending student-athletes to
physical therapy without involving the medical staff, engaging outside medical professionals
without involving medical staff, speaking with student-athletes directly about their injury issues
and medical treatment. Dr. Amaria explained the concussion testing protocol that he goes
through with every student-athlete evaluated for concussion. Dr. Amaria noted that certain
parts of the testing protocol are there because they indicate the presence of a concussion
without the student-athletes subjective perception. Dr. Amaria noted that he was stunned and
shocked that any coach would do what Respondent was alleged to have done.
noted that
she doesn’t always share all her injury symptoms with trainers and coaches. noted
Respondent would hear something from the trainers and then confirm with her.
noted that she requested to see a chiropractor to CMU trainers upon the
recommendation of Respondent.
41 See, Appendix H.
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two to four years ago. Respondent did not recall concussions suffered by ,
, or other student-athletes within the last five years. Only upon direct
questioning by Investigators did Respondent acknowledge limited recollection of these various
instances. When Investigators asked Respondent about the medical testing protocol for
concussions, he expressed a very limited understanding. Respondent couldn’t articulate why
vestibular motor testing (eye testing) was important to concussion diagnosis.
Respondent confirmed that he has occasionally required injured athletes to stay off the
competition floor while injured unless they removed a specific medical device. Respondent
noted that he had student-athletes remove an arm-sling in the past because student-athletes
cannot move Gymnastics apparatuses with an arm-sling. Respondent also confirmed that
, both expressed a desire for injured student-
athletes to be allowed to follow their team on the competition floor to cheer and support their
teammates.
consequences to our words. Respondent denied that it ever occurred to him that his words
might be interpreted by the athlete as him encouraging her to lie about her symptoms. He
specifically denied encouraging her to lie about her eyes and did not recall advising to
“tell others the same if they have a concussion.”
FINDING OF MISCONDUCT:
On February 20, 2019, Respondent was put on notice subsequent to the mutually
agreed upon terms memorialized in the collective bargaining agreement between Respondent’s
labor union (CMU FA – an MEA affiliate) and Central Michigan University. His notice
alleged:
In making this finding, the University is compelled by the relative unanimity of voices
in recounting the story as it was told by told
. told Trainer Jackson the same story that told the
her.
Trainer Jackson then tells Director Wiese the same story without significant change or
embellishment. Director Wiese directs Trainer Jackson to talk directly with to confirm
the allegation. then recounts the story in detail to Trainer Jackson.
The day after the incident in Assistant Coach Linford’s office, tells
essentially the same story she told to the Student trainer (as reported by both
is separate interviews).
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Assistant Coach Linford confirms important details regarding the conversation in his
office between Respondent and and, in describing what transpired, tells FPS staff “I
wish he wouldn’t have said it. I wouldn’t have said it that way.”
The notion that Respondent is counseling a University student that “words have real
meaning” is far-fetched to the point of absurdity. A fair interpretation of Respondents’ words
is that “words have consequences” rather than “words have meaning.” A consequence for
is that when she injures her head and reports nausea or headache, she might be
diagnosed with a brain injury and her activity restricted. A consequence for Respondent is
that he might not be able to field his best team and the team might lose a meet – thereby
affecting his employment goals.
The University finds, by clear and compelling evidence, that Respondent orchestrated
a conversation with wherein he encouraged her to provide false information
to medical staff related to her fitness to compete.
Over the course of the instant investigation, the University examined much of
Respondent’s history as it relates to his obligations to, and CMU’s promise and value of,
independent medical support for CMU student-athletes. This analysis was engaged for two
reasons 1) to establish the truth or falsity of a specific allegation that Respondent violated the
IMM and thus frustrated important, essential safeguards for student-athletes, as well as
compliance requirements made of CMU by the NCAA, and 2) as a means of assessing
Respondent’s credibility and motivations as well as for evaluating the severity of the
misconduct if proven.
CMU finds that Respondent engaged in a pattern of behavior over an extended period
of time that contradicted the express terms of the IMM. It is impossible to digest the words
offered by both witnesses and Respondent in relation to the meeting in Assistant Coach
Linford’s office and reconcile them amicably with the express terms of the IMM establishing
that “…no coach should have any influence, direction, or implementation of health
care actions or plans for student athletes.” It’s impossible.
By his own admission, Respondent – even if his fatuous rationale of “…in the real
world, words have real meaning…” explanation is credited as somehow true, the inescapable
conclusion is that the lesson he was trying to share was , you are disappointed you
aren’t competing or practicing. Next time, don’t tell them you are nauseous, have a headache,
can’t remember, or have eye problems if you want to compete and continue to practice…”
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Once that conclusion is made; once the context of the conversation is established as
has been admitted to by Respondent, then the conclusion that Respondent was attempting to
influence, direct, or effect the future implementation of health care actions or plans for
and, if followed through on his “advice” and told other student-athletes he had the same
words of advice for them, all the other student-athletes on the team.
In short, there seems to be no reaching this particular coach about the link between
student-athlete safety and the need for an independent medical authority to have exclusive
dominion over student-athlete health and well-being. The investigators are left wondering what
tragedy would have to happen, what student and family would have to suffer, for
Respondent to understand that he is not a doctor, is not a medical professional, and
unjustifiably assumes significant risk for himself, the health and safety of CMU student-
athletes entrusted to him, and CMU as an institution when he wrongly contradicts the advice
and direction and treatment plan established by CMU’s staff of licensed Sports Medicine
professionals.
Here, CMU finds that by attempting to influence a student-athlete into lying about or
covering up the severity of her injuries, either individually or as part of scheme or plan
demonstrating hostility to the IMM, or by deliberate indifference or hostility toward injuries
affecting athletic performance, Respondent creates a question that must be answered by the
Athletic Department compliance staff in relation to bylaw 2.4. Specifically, did Respondent
engage in behavior that was dishonest and irresponsible within the ambit of NCAA bylaw 2.4.
The undersigned investigators find by a preponderance of the evidence that Respondent did
engage in conduct that was dishonest and irresponsible in relation to bylaw 2.4. Where he
engages in such behavior, he also violates the terms of his individual employment agreement
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(Appendix A). As such, he creates just cause for disciplinary action and aggravates the
misconduct manifest in other allegations.
The CMU Mild Traumatic Brain Injury Concussion Management Plan exists to insure
student-athlete safety. Gymnastics is a particularly dangerous activity wherein no protective
gear is worn. It is foreseeable, given the type of activity engaged in by student-athletes, that
concussions occur and that a plan addressing the need to respond effectively and consistently
to that foreseeable injury potential is essential in providing for the well-being of student-
athletes.
The investigators conclude that Respondent attempted to interfere with the integrity
of the University’s Mild Traumatic Brain Injury Concussion Management Plant such that the
only thing standing in the way of his successful interference with that plan was the courage
and character of . In that regard, the Investigators find that the attempted
misconduct is sufficiently representative of an intent to engage in misconduct as to constitute
misconduct in and of itself.
Respondent admits he disregarded counseling and advice on the express terms, and
meaning of, the IMM and other policies incorporated into the creation of the Sports Medicine
staff’s unchallenged autonomy to manage student-athlete health and well-being and medical
treatment. Despite that, his history is to continue his aggression and hostility toward that
autonomy be repeatedly inserting himself, his opinion, and his great power to influence
student-athletes into the medical well-being of student-athletes on the gymnastics team.
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Respectfully submitted,
24