By now, the sports world is familiar with the academic scandal at the University of North Carolina, which purports to encompass multiple decades and implicate many esteemed coaches. This academic scandal, which involved “sham” classes for student athletes, picked up steam following the report of Mr. Wainstein, a former federal prosecutor turned private investigator. While public opinion — at least beyond the friendly confines of Chapel Hill — has condemned North Carolina and called for the removal of championship banners, the NCAA cannot punish the North Carolina basketball program. Go ahead Durham, kick and scream. With any luck, this article will catch the ear of tone-deaf NCAA President, Mark Emmert, before Coach K has an opportunity.

First, pursuant to Section 19.5.11 of the NCAA Division I Compliance Manual, there is a statute of limitations of four years, which necessarily requires that any alleged violation continue into the 2010 season. Unfortunately for all those cheering for North Carolina’s demise, zero basketball players have majored in African American Studies since 2010. ZERO. In 2009, the year Wayne Waldon and Deb Crowder left the employ of the university, only one North Carolina basketball player majored in African American Studies. The NCAA has blown the statute of limitations, and any punishment it seeks is now untimely.

Second, there is concrete evidence of institutional control. The records are clear: 10 basketball players majored in African American Studies in 2005, one majored in African American Studies in 2009 and zero majored in African American Studies from 2010 until present. If North Carolina truly lacked institutional control over its basketball program, there would not be such a sharp decline.

Third, according to Mr. Wainstein’s report, 3,100 students allegedly benefited from this academic scandal, but only half were student-athletes and an even smaller percentage were basketball players. The NCAA will have a tough time explaining how the academic scandal was aimed at the basketball team in particular, when the system was disproportionately used by non-athletes and non-basketball players. This is a football problem, not a basketball one.

Lastly, the NCAA’s “star” witness is Rashad McCants, who is a blithering idiot. Assuming, for the sake of argument, that the academic scandal is true, it works in North Carolina’s favor that it failed to educate McCants. McCants is a disgruntled cry-baby who has held a grudge against Roy Williams for years.  McCants has often claimed that Williams was the reason for his slide in the 2005 NBA Draft. More recently, McCants blamed Williams for his own failure to attend class. To compound his lack of personal responsibility, McCants has also acknowledged that he will be writing a tell-all book and has given multiple televised interviews, all of which undermine his credibility. Perhaps most tellingly, McCants refused to cooperate with the Wainstein investigation despite multiple overtures from Mr. Wainstein. The behavior exhibited to date is not that of a credible witness.

Although it is easiest to cast the first stone and decry a failed system, those gleeful smiles in Durham will quietly turn to tears once the NCAA is done with its investigation. North Carolina’s reputation may be tarnished, but its record will remain clean.

Zachary Fowler, Esquire, is an ACC Basketball Blogger for www.RantSports.com