As Binghamton University tries to move beyond the basketball scandal that shook the school over the past year, attempts at finding closure have been altogether stifled.

The NCAA has closed the books on its investigation of BU athletics ‘ not because it came to a conclusion but because it could not uncover enough information to make a full determination.

The results of a separate, independent audit of BU athletics, published in February, recommended an academic overseer of athletics. In March, Charles Westgate, former dean of the Watson School of Engineering, was appointed special adviser for academics and athletics for the SUNY system. Westgate, also the director of the Center for Autonomous Solar Power, is representing the provost’s office in overseeing compliance.

The NCAA investigation found two minor offenses, but found no major allegations.

In a letter to SUNY Chancellor Nancy Zimpher, David Price, vice president for enforcement of the NCAA, noted that the allegations against BU’s athletic program were of an ‘extremely serious nature,’ but that the NCAA was unable to complete the review because potentially involved parties did not cooperate.

Westgate denied that the non-cooperative parties were BU employees.

‘Every employee of the University, which includes everyone paid a salary, cooperated,’ Westgate said. ‘I was told that they are not employees of the University. It leaves just students doesn’t it? I will leave it up to you to decide which students.’

Former athletes who no longer receive sport scholarships would have little incentive to comply with an NCAA investigation, since they are no longer bound to NCAA bylaws.

It is a violation of Section 10.1 D of NCAA bylaws for current student-athletes to refuse to provide information upon request to the NCAA.

Westgate said that the NCAA would not return to the BU campus for further investigations.

The NCAA would not return requests for comment.

Following the Sept. 23, 2009 arrest of star player Emanuel ‘Tiki’ Mayben in Troy for the sale of cocaine, six other players were released from the basketball team for disparate reasons. The investigation into BU athletics pointed to a slew of criminal charges against the dismissed players, including the use of a stolen debit card at Walmart.

The lack of evidence prompting the close of the inquiry leaves several issues unresolved. Allegations surfaced of athletes receiving lax admission standards, coaches providing financial and academic support and a BU lecturer feeling pressured to be more lenient with basketball athletes.

A 99-page report issued by Judge Judith Kaye in February singled out text messages sent and received by basketball coaching staff through cell phones issued by BU. It stated that those messages suggest that a coach provided a player with ‘improper benefits and inappropriate academic assistance.’

Such actions are a direct violation of Section 10.1 C of the NCAA ethical bylaws.

Former assistant basketball coach Marc Hsu wrote, ‘I will meet [you] @ your class ‘ and just give [you] some guap for gas.’

Other texts sent by former player Malik Alvin asked Hsu to reword passages in his class assignment because he had plagiarized it from the Internet.

‘[J]ust add a conclusion on violence. I left the stuff from the Internet the same so you can know what you[‘]r[e] changing,’ wrote Alvin in May 2009 to Hsu.

Westgate said the texts may have been taken out of context by the authors of the report, who sifted through thousands of texts between the two parties to determine whether there was misconduct.

‘The NCAA did not make any conclusions that that in fact occurred,’ Westgate said.

Westgate’s term as special athletics adviser for SUNY will end in December. SUNY will choose a new appointee to oversee the system’s athletics. Westgate noted BU will retain a compliance oversight position, possibly to be held by himself.

‘I am very satisfied with BU athletics,’ Westgate said. ‘They’re on a good path forward since [appointment] of new athletic director James Norris and new [University] President [C. Peter Magrath]. It is unlikely that problems again will arise in the future.’