_____________________________________________

November 4, 2015

Jonathan Eldridge
Vice President of Student Learning & Student Services
College of Marin
835 College Avenue
Kentfield, CA 94904
Re: College of Marin, Mens Basketball Program Investigation
Dear Mr. Eldridge:
In furtherance of your request, I have undertaken an investigation pursuant to your letter of
September 14, 2015. In light of the scope of investigation, I undertook a review of the contents
of a hard drive reportedly taken from Dave Granucci's work computer at the College of Marin
(COM); the contents of his Outlook electronic mail system on his work computer (his work email address); and, the Outlook contents of former Athletic Director, Matt Markovichs work email account. In addition, documents have been produced by Interim Athletic Director, Stephen
Berringer, Athletic Department administrative representative, Lindsay Bacigalupi, and COM
Fiscal Services representative, Leslie Barker. All documents pertinent to and relied upon in this
investigation have been included in the attached index of exhibits with identification as to the
source of the document and how they came into the possession of Spinelli, Donald and Nott.

SCOPE OF INVESTIGATION
Spinelli, Donald and Nott was contacted on September 14, 2015, by the College of Marin
administration and requested to perform an investigation regarding the men's basketball program.
The scope of investigation was conveyed in writing and limited to eight allegations identified
below though Spinelli, Donald and Nott was invited to advise on other areas that may need to be
investigated. As of the date of this report, the investigation has not yielded any information to
suggest that further issues should be investigated. The investigation focused primarily on the
conduct of the team coach, Dave Granucci.
The investigation commenced with review of documentation provided by Interim Athletic
Director, Stephen Berringer and the contents of the Outlook folders on Dave Granucci's work email account. Thereafter, the contents of Dave Granuccis work computer hard drive were
provided as well as the Outlook files of former Athletic Director, Matt Markovich. The hard
drive and Outlook folders were personally examined by Jarret Osborne-Revis, an associate with
Spinelli, Donald and Nott.

Jonathan Eldridge
November 4, 2015
pg. 2
From September 29, 2015 to October 21, 2015, interviews were conducted of current men's
basketball program members and assistant coaches. In addition, Interim Athletic Director
Stephen Berringer, Athletic Department administrative representative Lindsay Bacigalupi and
persons not directly affiliated with COM were interviewed. Over the course of that same
timeframe, additional records were provided by COM for my consideration.
Though his interview was scheduled for October 20, 2015, Dave Granucci submitted his
resignation with COM which was accepted by COM. I was advised on October 19, 2015, that
Dave Granucci would not appear for his interview on the 20th or at any other time. As of the date
of this report, Dave Granucci has not agreed to be interviewed nor has he corresponded with me
or anyone else at Spinelli, Donald and Nott.
Having completed the interviews as documented herein and having reviewed all documents, both
exculpatory and non-exculpatory, I provide the following findings in response to each allegation
identified below.
a.) Sources of Information
For purposes of this investigation, recorded statements were taken from:
1. Lindsay Bacigalupi, Athletic Department administrative representative
2. Brandon Barret, team member
3. Steven Berringer, Interim Athletic Director
4. JT Branch, team member
5. Keiland Callum, team member
6. Luke Chavez, team member
7. Robert Colton, team member
8. Ty Davis, team member
9. Noah Everly, team member
10. Colin Hamilton, assistant coach
11. Jordan Hamilton, assistant coach
12. George Johnson, team member
13. Ken Modica, team member
14. Karim NDiaye, team member
15. Troy Ratto, lead assistant coach
16. Willie Rooks, team member
17. Ken Strekfus, assistant coach
18. Dane Wells, team member
The transcripts of each recorded statement were prepared by administrative staff of Spinelli,
Donald & Nott, and are included in the In Re: COM Mens Basketball Program Investigation
Exhibits. The audio files will be retained by Spinelli, Donald and Nott, and will be available for
review if requested.

Jonathan Eldridge
November 4, 2015
pg. 3
In addition, teleconferences and/or e-mail exchanges occurred as to the following persons:
1.
2.
3.
4.
5.

Lisa Cox/Marinian Towers apartment complex manager

Leslie Barker, COM Fiscal Services representative
Jeff Deehan - Deehan Plumbing
Modesta Britten former COM student athlete
Rose Kozar/Marin Bocce Federation

The telephone conferences were not recorded, but the content of each teleconference (Cox and
Deehan) was documented by me and are produced in the In Re: COM Mens Basketball Program
Investigation Exhibits. Rose Kozar submitted an email responsive to Jarret Osborne-Revis
request for information and Ms. Barker was a source of documents so her information was not
documented in addition to the documents provided.
I attempted contact with the following persons who have either refused to speak or did not
respond to voicemail/electronic mail messages:
1. Dave Granucci - investigator notified of resignation and advised that Mr. Granucci and
his counsel would not appear for interview
2. Matt Tawlks/Sharon Tawlks
3. Shane Graham
4. Dan Vann-Victorino
5. Milton Jackson

b.) Applicable Rules of Analysis

For purposes of this investigation, pertinent provisions of the California Evidence Code have
been followed for purposes of evaluating the evidence, documents, statement of witnesses and
other sources of information pertinent to the scope of investigation. Specifically, the following
provisions have been applied:
1. The evidence of a single witness the statement is entitled to full credit is sufficient for
proof of any fact. (Evid. Code 411)
2. If weaker and less satisfactory evidence is offered, but it was within the power of a
witness to produce stronger and more satisfactory evidence, the evidence offered is
viewed with distrust. (Evid. Code 412)
3. In determining what inferences to draw from the evidence or facts in the case against a
party, the investigator may consider, among other things, the witnesses failure to explain
or to deny by their testimony such evidence or facts in the case against them, or a willful
suppression of evidence relating thereto if that has occurred. (Evid. Code 413)
4. A letter correctly addressed and properly mailed is presumed to have been received in the
ordinary course of mail-this is applied with respect to e-mail messages in this matter.
(Evid. Code 641)

Jonathan Eldridge
November 4, 2015
pg. 4
5. The investigator considered in determining the credibility of any witness in this matter
their demeanor while providing information, the quality and character of the information
provided, the extent to which the witness had the opportunity to perceive any matter
about which they provided information, the existence or nonexistence of bias, interest or
other motive to direct their information, statements previously made by the witnesses
consistent or inconsistent with information provided to the investigator, the existence or
nonexistence of any fact provided by them, and the attitude expressed toward the
investigation or providing information. (Evid. Code 780)
The burden of proof applied in making the findings herein expressed is the preponderance of the
evidence standard consistent with Evidence Code section 115.
INVESTIGATORS FINDINGS
After reviewing all recorded statements, documentary evidence, memoranda and all other
pertinent evidence and/or information, I make the following findings to the allegations put
forward.
Allegation One: Whether Stan Kaya, an international student at COM, received financial
assistance in any form from any coach of the COM basketball team or any relative of any coach
of the basketball team.
A. If so, please specify with as much detail as possible the circumstances relating to the
assistance.
a.) Executive Summary of Findings on Allegation One
The preponderance of the evidence indicates that Stan Kayas COM tuition was paid initially by
Shane Graham, the cousin of assistant coach Troy Ratto, and in February of 2015, was paid by
Dave Granuccis father, Ronald Granucci. As well, Dave Granucci probably paid for books for
three of Kayas classes.

b.) Information Applicable and Considered on Allegation One

Saturnin Kaya aka Stan Kaya (Kaya) was interviewed and considered honest and forthright.
He disclosed in his interview that since attending College of Marin, he has resided with the
O'Sullivan family. (See Ex. 107:4-16.) He met the O'Sullivan family when he came for a visit to
the college of Marin campus in May or June of 2013. (Ex. 107:45-108:8.) Paul O'Sullivan was
also an incoming freshman basketball player and Kaya spent that trip at the O'Sullivan house. He
did not know how he came to stay at the O'Sullivan house during that trip other than to point out
that he began a friendship with Paul during that trip. (Ex. 108:13-25.)

Jonathan Eldridge
November 4, 2015
pg. 5
He returned to Maryland to graduate from high school and then returned to the Marin County
area on July 7 or 10, 2013. (Ex. 108:23-33.) He again resided with the O'Sullivan family and
continues to reside there to this day. He does not pay any rent nor does he contribute to groceries
or other expenses. (Ex. 108:34-109:18.) He does not know if Paul O'Sullivan or his father,
Aidan O'Sullivan received any type of financial contribution from anyone to accommodate
Kaya's presence. (Ex. 107:29-31.) Kaya has also gone on vacation and eaten at restaurants with
the O'Sullivan family. Kaya believes that he has stayed with the O'Sullivan family because he
had nowhere else to go and because Paul and the OSullivan family are his friends.
During his interview, Kaya was surprised that he had to pay tuition and does not know who has
paid any of his tuition for his attendance at College of Marin. (Ex. 109:19-35.) He has never
paid nor has he directly arranged for payment of any tuition. He believes that he had a sponsor
who paid his tuition. He believes coach Granucci arranged for the sponsor because the coach
arranged for him to play basketball at College of Marin. (Ex. 109:26-39.) He has never met with
anyone who identified themselves as his sponsor. (Ex. 110:7-37.) In the summer of 2015, Kaya
approached coach Granucci to find out who his sponsor was because he was short on completing
units and needed an English college skills course to be eligible to transfer to another school.
During that conversation which occurred on campus in coach Granucci's office, the coach
advised him that Kaya did not have a sponsor anymore. He did not identify who his prior sponsor
was nor did he indicate why he no longer had a sponsor. (Id.) At the time of his interview, Kaya
does not have a sponsor nor does he have any way to pay his tuition for attending College of
Marin. (Ex. 110:50-111:8.) Granucci advised Kaya that he would need to either find a sponsor
or pay the tuition himself. (Ex. 111:9-26.)
Regarding educational supplies such as books, Kaya indicated that he normally shared those
items with other players or would utilize a book from the library. However, he was provided
some textbooks by coach Granucci. (Ex. 111:32-112:31; 112:40-113:1.) He believes coach
Granucci provided books for English 92, English 62 and Psychology 2. Kaya indicated that he
received books from Amazon in the mail for English 92. Kaya believes coach Granucci ordered
those for him and arranged for the books to be delivered to him at the OSullivan residence
because he spoke to him about needing the books for classes and then they arrived. Kaya
confirmed that he did not order those books nor did he pay anyone for those books.
Kaya confirmed that he does not know Shane Graham or Ronald Granucci. (Ex. 113:6-13.)
In the second year of his attendance at College of Marin, Kaya approached coach Granucci about
notices of late or nonpayment of tuition and insurance. (Ex. 114:5-25.) Kaya recalls speaking to
coach Granucci about those nonpayment notices in the 2014-2015 school year. Kaya claims that
he would forward e-mails to coach Granucci indicating that he needed to pay his tuition or he
would be dropped from classes. It was Kayas experience that after each time he forwarded such
an email or spoke to coach Granucci about nonpayment of tuition, it would get paid. (Ex.
114:26-50.) He does not know how it got paid and believes coach Granucci arranged for the
tuition to get paid through the unknown sponsor. This was also true of his insurance. He believes
that the insurance payment was $675. (Ex. 115:5-15.)

Jonathan Eldridge
November 4, 2015
pg. 6
Kaya reviewed his F-1 documentation from August 16, 2013. He does not know who filled in the
top two thirds of the form. (Ex. 118:3-20.) He confirmed that item 8C showed his living
situation with Aidan O'Sullivan and that is Paul O'Sullivan's father. He confirmed that the F-1
reference to Shane Graham as his sponsor was new information to him at the time of his
interview. (Ex. 118:31-35.) He did not know and still does not know who Shane Graham is.
When he signed the Certification of Personal or Family Funds document, the form was blank.
(Ex. 119:5-41; See Ex. 288.) He thinks that coach Granucci was present when he signed the
document, but is unsure if the handwriting above the signature is the coachs handwriting not. He
believes that he signed the blank form in coach Granucci's office and in his presence.
For the spring semester 2015 tuition payment, he was contacted by the college about lack of
payment and he in turn contacted coach Granucci. After he contacted coach Granucci about the
lack of payment, Kaya understood that the tuition payment was brought current. Kaya confirmed
that he did not pay that bill and he does not know who paid the bill. (Ex. 119:44-120:20.)
Documentation produced by Diane Traversi for Kaya includes a College of Marin Office of
Admissions and Records "Official Certification of Personal or Family funds" document signed
by Kaya as well as primary guarantor Shane Graham. (Ex. 288.) Mr. Graham purportedly signed
that document on July 11, 2013 and identifies his relationship with Kaya as "friend." A Citibank
form letter provided by Joan Rodriguez, assistant branch manager of Citibank 245 Market St.,
San Francisco dated 11 July indicates Shane Graham has sufficient funds exceeding $15,000 in
personal savings. (Ex. 287.) It is notable that this form letter was also found within the hard
drive contents of Dave Granucci's work computer at College of Marin. (Ex. 449-450.)
The interview of assistant men's basketball coach, Troy Ratto confirmed that Shane Graham is
Rattos cousin and he has filmed COM basketball games. (Ex. 147:7-27.) The interview of
men's assistant basketball coach Ken Strekfus confirmed that Shane Graham has on at least 10
occasions videotaped COM men's basketball games. (Ex. 196:10-11; 197:23-32.) Shane Graham
is identified as the president of Marin S.T.A.R. Foundation on an advertisement for a fundraiser.
(Ex. 290.) The advertisement was for a fundraiser on September 19, 2015 to raise money for "
The College of Marin men's basketball team. Every dollar we make from fund raising events
goes toward the players books, financial assistance, rent, food, equipment, a chance to see their
families if they are from out-of-state, and the list goes on." Mr. Graham posted a photograph on
a website for Marin Bocce Federation taken on September 19, 2015 showing himself and others
(one wearing a College of Marin shirt) presumably at the bocce fundraiser. (Ex.220.)
In July of 2014, Dave Granucci issued an e-mail regarding Stan Kayas tuition account. He
inquired how much Kaya owed. (Ex. 525.) Sandra Tachihara noted Kayas F-1 documentation
regarding bank statements confirming his funds available to pay tuition on time. Sandra
Tachihara notes that the same problem was encountered in fall of 2013 when his tuition was not
paid on time. (Ex. 525.)
E-mail correspondence issued by Dave Granucci on February 4, 2015 is also instructive. (Ex.
346.) Granucci wrote:

Jonathan Eldridge
November 4, 2015
pg. 7

"I am reaching out to you regarding Stan Kayas outstanding

tuition balance. Stan has expressed great concern to me about his
financial situation and how it might affect the opportunity to finish
his education at College of Marin. I have spoken with Stan and his
sponsor, and they are having difficulty coming up with the full
amount to cover his entire spring 2015 tuition. They are definitely
able to make a significant payment towards his balance before the
deadline tomorrow and have guaranteed complete payment in the
near future but only need a little more time to pay the full amount."
Approximately 5 days later, Dave Granucci issued an e-mail message to Kelley (last name
unknown) at e-mail address tkerwin@kellcoltd.com. (Ex. 348.) The recipient of the e-mail has
some connection with former COM player Miller Blake. Mr. Granucci wrote:
Hi Kelley,
I wanted to reach out to you for some advice regarding a student in
need with us here at College of Marin. Stan Kaya, is a young
man originally from the Congo. Stan is an excellent young man
and student and values his education more than anything.
Stan has little to no possessions or support, and has not been home
in almost 5 years. We are doing our best to help support him
mentally, physically, spiritually, and financially. He is in his last
semester with us at the school before he transfers onto a four-year
university, but we are having great difficulty helping him pay
tuition for spring. I was hoping you may have access to some
resources personally or through Upper Room that may be able to
help him. We would be willing to put forth any effort to be able to
help Stan finish his education and continue onto a four year in a
position to succeed."
By way of e-mail dated February 6, 2015, Dave Granucci confirmed that "Stan has made his first
payment of his payment plan towards his balance. It was 33% of the balance. I don't know how
long it takes to process, but he did it online earlier today. Just want to give you guys a heads up
to that. Thank you for your help." (Ex. 521.) That same e-mail referenced the Nelnet payment
process. That same e-mail chain also includes Dave Granucci earlier indicating, "thank you for
giving Stan and his sponsor a few days to get finances organized. You will be paid on Friday.
What time is the deadline?" (Ex. 523.)
Documentation was initially produced by COM dated September 14, 2015 regarding payments
made for Kaya's tuition. (Ex. 553-556.) The Agreement History indicates enrollment fee down
payment of $1,269.85 paid on February 9, 2015. Additional payments were made in the amount
of $1,289.08 on March 5, 2015 and $1,206.97 on April 5, 2015. According to a Nelnet Business

Jonathan Eldridge
November 4, 2015
pg. 8
Solutions confirmation notification, "Ronald Granucci" utilized a credit card to make a payment
to the College of Marin and indicated that he was responsible for payments totaling $3,848. A
down payment of $1,289.85 this process an additional payment noted to be due on March 5,
2015 which would be automatically processed from his Visa account credit card. A Nelnet
Business Solutions change of information form again notes that the responsible party for
agreement number 7QTF59 is Ronald Granucci whose address is 35 Dutch Valley Ln., San
Anselmo, California. The agreement number (7QTF59) is the same one noted on the Nelnet
Business Solutions confirmation notification of February 9, 2015 and the agreement history for
student Kaya. Ronald Granucci is Dave Granuccis father. (Ex. 26:5-11; 147:39-45.)
I requested additional payment history through Leslie Barker of Fiscal Services. She has
produced additional payment information in late October, 2015. (Ex. 558-564.) That
documentation indicates:
November 6, 2013, payment in the amount of $3,190.50 by Visa
credit card number ending in 2018. The account holder is not
identified. (Ex. 558.)
July 22, 2014, payment of $2,568 paid through debt collector via
credit card identifying credit card holder as John Granucci. (Ex.
561-562.)
July 23, 2014, postal money order payment in the amount of $762.
Person purchasing money order is not identified. (Ex. 560.)
September 12, 2014, payment of $890 via postal money order.
Person purchasing money is not identified. (Ex. 563.)
September 14, 2015, payment $670 by Visa card ending 0298.
Account holder name is not identified. (Ex. 564.)
According to records obtained in Dave Granucci's work computer hard drive, John Granucci is a
supporter of the COM men's basketball team. I understand that he is also Dave Granucci's
brother. (Ex. 513.)
Despite requests to be interviewed, Shane Graham and Dave Granucci refuse to be interviewed,
and have offered no statement, information or documents to rebut the statements, information
and documents cited above.

c.) Findings
The evidence gathered preponderates in favor of a finding that Stan Kaya in fact received
financial assistance from Dave Granucci, head coach of the COM basketball team, Dave

Jonathan Eldridge
November 4, 2015
pg. 9
Granucci's father, Ronald Granucci, Dave Granuccis brother, John Granucci as well as from
Shane Graham, assistant coach Troy Rattos cousin. This finding is supported by the facts
gathered to date considered in conjunction with Dave Granucci and Shane Graham's
unwillingness to contribute any information, statements or documentation to the contrary.
First, Kaya confirmed that his F-1 documentation and "Official Certification of Personal or
Family Funds" was signed by Kaya, and someone identified as Shane Graham. Kaya confirmed
that he does not know who Shane Graham is as well as his belief that Dave Granucci arranged
for the sponsor. Kaya signed the document in Dave Granuccis office, leaving the unfilled
document in his possession. Confirmation that Graham had sufficient funds to cover tuition
payments was submitted with the F-1 documentation, but was also found on Dave Granucci's
workplace hard drive. Kaya confirmed that he never personally paid any tuition to COM, and in
fact was surprised during the interview process that tuition was required. He confirmed that any
notices he received from COM regarding tuition for the entire time that he has attended the
institution were taken to Dave Granucci and to Kayas knowledge, the issue was resolved. There
is no evidence to rebut the presumption that Shane Graham paid the tuition as he had promised
via the F-1 documentation.
On July 22, 2014, $2,568 was paid on Kayas tuition account through a debt-collector who
confirmed that the payment was made by John Granucci. The next day, Dave Granucci inquired
via electronic mail regarding Kayas tuition account and how much was owed.
In February, 2015, Dave Granucci inquired about the tuition balance. He indicates that he has
talked with both Stan and the sponsor. Kaya had no knowledge of the sponsor and it appears
that Dave Granucci not only knew who the sponsor was, but had singular contact with him
regarding tuition payments. At the same time, Dave Granucci was reaching out to third parties
seeking financial assistance for Kaya. Ultimately, Dave Granucci confirms on February 6, 2015
that Stan had made a 33% payment on his outstanding tuition balance. He confirmed that the
Nelnet payment process was used. According to the documentation, the Nelnet payment process
was initiated and finalized by Ronald Granucci, Dave Granucci's father.
Therefore, the preponderance of evidence indicates Dave Granucci, John Granucci, Ronald
Granucci and Shane Graham paid Kayas tuition for the entire time that Kaya has attended COM.
The evidence supports the finding that tuition payments were paid initially by Shane Graham
who committed to make those payments as part of the initial F-1 documentation. Dave Granucci
was involved in setting up the sponsorship based on the coordination of the F-1 documentation
and the presence of the bank account letter on Dave Granuccis hard drive. In July of 2014, John
Granucci made a payment on the tuition account that was in collections after Dave Granucci
inquired about the status of tuition payments. Then, in early 2015, Dave Granucci's father made
the payment after Dave Granucci attempted to secure financial assistance for Kaya from a third
party. Both of the actual benefactors are related to COM men's basketball program coaching
staff.

Jonathan Eldridge
November 4, 2015
pg. 10
In addition, Kaya confirmed that for at least three of his classes, he reported to Dave Granucci
that he could not afford assigned books. Shortly thereafter, books were delivered to Kaya at the
O'Sullivan residence. Kaya believes that Dave Granucci arranged for purchase of the books
online and had them delivered. I confirmed that Kaya did not pay for the books.
Likewise, Dave Granucci according to the evidence probably purchased books for three of
Kayas classes.
It should be noted that the evidence does not support a finding that Kayas living arrangement
with the OSullivan family has been paid for by a coach or relative of a coach of the COM men's
basketball program. Kaya believes that the O'Sullivan family has "sponsored" him out of
friendship. There is nothing that I learned during the course of this investigation that would rebut
Mr. Kayas belief, but further investigation may yield information that Kaya is unaware of.

Allegation Two: Whether Bobby Reeves, a student at COM and member of the COM basketball
team, received any financial assistance in any form from any coach of the COM basketball team
or any relative of any coach of the basketball team.
A. If so, please specify with as much detail as possible the circumstances relating to the
assistance.
a.) Executive Summary of Findings on Allegation Two
The preponderance of the evidence indicates that Bobby Reeves received economic benefit with
respect to his living accommodations more likely than not from Dave Granucci or his sister,
Meredith Granucci. For two months in 2014, Reeves resided rent-free at an apartment prior to
moving to apartment 202 at the Marinian Towers apartment complex. Once at Marinian Towers,
Reeves received economic benefit in the form of rent guarantees provided by Dave Granucci or
his sister, Meredith Granucci. Additionally, the amount of rent paid was substantially less than a
reasonable allocation of the full rental amount which suggests that Dave Granucci or someone at
his direction was covering a significant rent shortfall. Last, Reeves did not pay any advance rent
or portion of a security deposit for his current residence location contrary to the lease agreement.
Insofar as Dave Granucci was directly involved with obtaining that rental, it is reasonable to
conclude that he has paid those advance charges particularly in light of Granucci's refusal to be
interviewed.

b.) Information Applicable and Considered on Allegation Two

Bobby Reeves came to Marin County in May of 2014. (Ex. 164:2-9.) He started attending COM
in the fall of 2014 and his tuition has always been paid by financial aid. (Ex. 177:39-44.)

Jonathan Eldridge
November 4, 2015
pg. 11
Since coming to the COM, Reeves has lived at three separate apartments. Initially, he was taken
by Dave Granucci to an apartment to apartment 10 on Northview across from Safeway near the
Northgate Mall. (Ex. 168:15-21.) He lived there with Pierre Carter, Blake Miller and Jaleal
(last name unknown). He lived there for "a couple of months." He did not pay rent for apartment
number 10. (Ex. 168:31-43.) He does not know if anyone paid rent on his behalf. Coach
Granucci never explained to Reeves how he was able to find housing for him where he didn't
have to pay rent.
From there, Reeves moved to the Marinian Towers Apartment complex, apartment 202. That
apartment was a three-bedroom apartment. (Ex. 167:13-168:14.) He shared a bedroom with
George Johnson. (Ex. 169:8-26.) He believes a total of seven players stayed in apartment 202.
Reeves paid $200 rent each month. (Ex. 168:44-169:3.)
Reeves stayed at apartment 202 for one year. There were a total of seven players living at the
apartment, two in each of the two smaller bedrooms and three in the larger bedroom. The others
that lived there include George Johnson, Willie Rooks, Rob Colton Karim NDiaye, Ty Davis
and someone named Daniel who ended up leaving the apartment. (Ex. 167:15-43.) He does not
know exactly what the others paid for rent. (Ex. 169:25-26.) According to Reeves, Daniel
apparently had to pay a significant amount more in rent for reasons unknown to Reeves.
However, once Daniel left the apartment, Reeves $200 rent did not increase. (Ex. 172:30173:13.) He is not aware of any other players rent increasing due to Daniels departure and
thinks they paid $200 each. (Ex. 173:11-15.)
Reeves paid his rent money for the Marinian Towers apartment 202 to Dave Granucci. (Ex.
168:44-7; 172:4-14.) He believes some of his teammates also paid their money to Dave
Granucci. He has not witnessed what, if anything, Dave Granucci did with the rent payments.
I have confirmed that the monthly rent for apartment 202 of the Marinian Towers complex
between July 2014 and August, 2015 was $2,175.00. (Ex. 210.) I have also confirmed that the
lease agreement for apartment 202 was guaranteed by Meredith Granucci. (Ex. 209-210; 215.)
Meredith Granucci is Dave Granuccis sister. (Ex. 164:38-165:3.)
Reeves is unaware of any donated furniture, groceries or food being provided to either himself or
his roommates when he resided at the Marinian Towers apartment 202. (Ex. 173:27-29; 174:810.)
Litta Cox of the Marinian Towers apartment complex confirmed that following a notice to vacate
issued to apartment 202 in July, 2015, Dave Granucci and Meredith Granucci reached out
inquired about having the student athletes remain at the complex. (Ex. 209.) To this end, the
apartment manager met with Meredith Granucci, Dave Granucci, Ty Davis, George Johnson,
Robert Colton, Bobby Reeves and Karim NDiaye in apartment 210 on July 28, 2015, to discuss
the players staying at the complex, but in apartment 210 instead of 202. She dealt primarily with
Meredith Granucci on this point. Ultimately, Meredith Granucci objected to a double deposit
being required in light of the poor credit history of the proposed tenants and requested a 30 day

Jonathan Eldridge
November 4, 2015
pg. 12
extension on the date required to vacate the property. That was granted by the property manager
and the players were then obligated to leave on August 31, 2015. (Ex. 209-210.) In early August,
Meredith Granucci contacted the manager again and asked for a 30 day extension which was
refused. The tenants then left the apartment on September 9, 2015 leaving the unit in poor
condition. Following deduction of the deposit for the unit, the sum of $1936.14 is still owed on
the unit for the damage done. (Ex. 210.) The apartment manager could only confirm the July,
2015 payment which was made in five separate money orders all taken out in the name of
Modesta Britten. None of those amounts conforms to the $200 per month payment that Bobby
Reeves indicated he would make to Dave Granucci. Furthermore, Modesta Britten was not a
tenant in July, 2015, and denies obtaining or providing any money order(s) for that rent payment.
(Ex. 215.)
Meredith Granucci and Dave Granucci have other documented connections to apartment 202.
First, on June 17, 2014, Dave Granucci sent himself an e-mail with the subject "get cosigner."
This is approximately 2 weeks before apartment 202 was first rented. (Ex. 319.) On July 3, 2014,
Marinian Towers apartments community director, Stacy Servin e-mailed Dave Granucci
regarding apartment 202 indicating that she needed Meredith's photo ID and two recent paycheck
stubs. (Ex. 321.) On July 4, Marinian Towers community director Stacy Servin e-mailed Dave
Granucci regarding deposit and rent status referencing apartment 202. It was advised that the
tenants could start moving in on July 11, 2014. (Ex. 323.) An attachment to that e-mail notes that
a $500 rental application holding deposit was received from Dave Granucci for apartment 202.
The lease provided is one year and notes six residents. (Ex. 324.) On July 23, 2014, Dave
Granucci was requested to provide renters insurance by Stacy Servin. He advised "we'll get it
done today." (Ex. 338.)
On September 3, 2014, Dave Granucci advised Stacy at Marinian Towers that the full amount of
rent would be handed in that day, and also that the Vince would be out of the apartment. (Ex.
341.) On November 3, 2014, Dave Granucci again corresponded with the Marinian Towers
indicating that all past due rent would be paid the following day. (Ex. 343.)
On July 12, 2015, Dave Granucci sent an e-mail to Jordan Hamilton at
jordan.a.hamilton@gmail.com. (Ex. 378.) It was marked urgent and was written over Merediths
name as though Dave Granucci wanted the email recipient (Hamilton) to issue the letter. It
states:
"Chris,
I am the cosigner for apartment number 202. I would like to talk
you about renewing our currently (sic) lease/signing a new lease
for apartment 202. We received a note that you are the contact for
this process and I have been trying to speak with someone for
seven weeks now to resolve this issue. Can you please call me at
415-823-2603. This is extremely urgent! You can call me anytime
of the day. Thank you, Meredith."

Jonathan Eldridge
November 4, 2015
pg. 13
On July 30, 2015, Marinian Towers sent an e-mail to Meredith Granucci. In that e-mail, she was
invited to appear with the five tenants to meet and sign the lease for apartment 210. This would
indicate that she was going to remain a guarantor. (Ex. 384.) Robert Colton, a men's basketball
team member, received and forwarded that email to Dave Granucci. (Id.) On August 6, 2015,
player Colton forwarded another e-mail between Marinian Towers and Meredith Granucci to
Dave Granucci. (Ex. 387-388.) In those e-mails, Meredith Granucci confirms that she is still a
cosigner on the proposed lease.
In September of 2015, Dave Granucci, Troy Ratto, Colin Hamilton and Jordan Hamilton helped
the apartment 202 residents move from apartment 202 to 12 A Park Crest Ct., Novato. (Ex.
173:32-44.) Reeves indicated that the new residence was furnished when they arrived. (Ex.
174:8-20.) This included beds and bedroom furnishings. Reeves indicated that he signed a lease
for 12 A Park Crest Ct., while at school. (175:14-25.) Dave Granucci presented the lease to
Reeves to sign in the study hall by the coaches office. Though he lived there for approximately
2 weeks by the time of his interview, Reeves had not paid any rent nor had he contributed any
money for a security deposit. (Ex. 175:26-46.) Dave Granucci has not indicated that he will be
collecting rent from Reeves and Reeves has no understanding why he is not paying rent at this
time. He expects to pay rent at the new house however. Reeves does not know how much the
rent is nor has each players expected contribution been allocated to his knowledge. It should be
noted that Reeves receives $600 from his grandmother which is the only money he receives and
must cover his monthly expenses including food and rent. (Ex. 176:1-8.) Reeves is not aware if
any other players have contributed money for the first months rent or security deposits for 12 A
Park Crest Ct. (Ex. 176:9-20.) Reeves indicated that all of the team members live at 12 A Park
Crest Ct., Novato - he believes 10 basketball players live in that unit. (Ex. 165:30-166:36.)
On September 11, 2015, Bobby Reeves, Robert Colton, Willie Rooks and Karim NDiaye
entered into a month to month rental agreement for 12 A Park Crest Ct., Novato, California. (Ex.
250-262.) Rent is $2,500 per month payable in advance on the "12th" day of the calendar month.
In addition, a $1,000 security deposit was due at the start of the tenancy. (Ex. 250.) The first
month of the tenancy is 9/12/15-10/11/15. (Ex. 250.) It should be noted that the residence comes
with limited personal property which includes a breakfast table, dining table, sectional, coffee
table, two patio chairs, barbecue, easy chair, coat rack, buffet and miscellaneous pictures. (Ex.
250.) The tenants are prohibited from assigning or subletting any of the tenancy interest. (Ex.
252.) Page 6 of the rental agreement identifies David Granucci as guarantor and includes his email at "dave.granucci@marinedu," but the guarantee section is not actually checked nor does it
appear that he signed the lease agreement. (Ex. 255.)

c.) Findings
The evidence gathered preponderates in favor of a finding that Bobby Reeves received financial
assistance more probably than not from Dave Granucci or at Dave Granucci's direction. This
assistance came in the form of a living arrangement whereby Reeves did not have to pay any

Jonathan Eldridge
November 4, 2015
pg. 14
rent, or had a subsidized or reduced rent obligation. Furthermore, Reeves and other teammates
would not have qualified on their own credit history for apartment 202 at the Marinian Towers
apartment complex, and a cosigner, Meredith Granucci, guaranteed the rent payments. To the
extent that the guarantee either allowed the players (including Reeves) into the apartment or
allowed them into the apartment with a reduced security deposit arguably yields an economic
benefit to Reeves. This finding is supported by the facts gathered to date considered in
conjunction with Dave Granucci's unwillingness to contribute any information, statements or
documentation that neither he nor Meredith Granucci was involved with paying rent at any of the
identified apartment units.
By his own statements, Reeves lived initially at an apartment where he did not pay any rent. By
his statement as well as looking at the start of the lease at the Marinian Towers in July, 2014, he
lived at apartment 10 for at least two months and did not pay any rent. He does not know if
anyone paid rent on his behalf. Dave Granucci arranged for him to live there with other
basketball players. Without any evidence to the contrary, and given Dave Granuccis
involvement placing Reeves in apartment 10, it is probably the case that Dave Granucci either
paid for or arranged for the payment of his rent obligations for those two months.
Once at the Marinian Towers apartment complex apartment 202, Reeves confirmed that he
shared that apartment with six other players. He believed that they paid $200 rent each month
with one of the players paying a larger sum. When that player left the apartment, Reeves rent did
not increase. He also believes that the other players other than Daniel paid about what he paid
each month to coach Granucci. In other words, approximately $1,200 was collected each month
when Daniel was not residing in the apartment. That would leave a shortfall of $975. The only
history of payments obtained was for July, 2015 (anything prior was not readily available to the
manager) and was paid in five separate money orders taken out in the name of Modesta Britten, a
former player who no longer lived at the apartment. Because the rent money was paid to Dave
Granucci at least by Reeves and likely the other tenants, it is reasonable to believe that Dave
Granucci obtained the various money orders in Brittons name and covered whatever shortfall
existed.
With respect to apartment 202, Dave Granucci arranged for his sister, Meredith Granucci to
serve as cosigner. Whether she was an actual cosigner or he arranged it and covered it himself is
unknown in so far as David Granucci would not appear to be interviewed. In his work e-mail
system, he sent himself an e-mail to get a cosigner about two weeks before apartment 202 was
rented by the players. In a later e-mail, he appears to direct an assistant coach to issue a letter to
"Chris" of the Marinian Towers complex using Meredith's name. I have confirmed with the
apartment manager that in July and August, 2015, Dave Granucci and Meredith Granucci were
directly involved trying to keep the players at the apartment complex as outlined above. The
manager confirmed that Meredith Granucci guaranteed the lease for 2014/2015 (as did Modesta
Britten) and was attempting to guarantee the lease at unit 210 for 2015/2016. She confirmed that
without a guarantor, the student athletes would not have qualified for any apartment. With the
guarantor, they would still have to pay a double security deposit. Therefore, an economic benefit

Jonathan Eldridge
November 4, 2015
pg. 15
attaches to having a guarantor on the lease at the Marinian Towers apartment complex which
benefitted the players including Reeves.
Last, David Granucci was the driving factor in arranging for the players to relocate to Novato (12
A Park Crest Ct.) on September 12, 2015. According to Reeves, Dave Granucci and the assistant
coaching staff helped the residents move their belongings into the new apartment. That new
apartment, according to Reeves, was fully furnished, but the lease agreement references only a
small amount of personal property included with the apartment. It appears that items were
obtained by the coaching staff including bedroom furniture (which was likely solicited through
the Next-Door San Rafael blog-see below) which yielded additional economic benefit and
support to Reeves and his cotenants. Reeves did not pay any rent or security deposit, or even
portions thereof, before moving into the apartment. According to the lease agreement for the
Novato residents, $3,500 was due before move-in.
Looking at the totality of the circumstances, it is reasonable to conclude that Dave Granucci
financially assisted Bobby Reeves with respect to his living accommodations either directly or
through his sister, Meredith Granucci.
There does not appear to be any evidence to suggest that Bobby Reeves received any other type
of financial assistance from any coaching staff member or relative of a coaching staff member.
His tuition was covered by his financial aid and he received a small amount of money on a
monthly basis from his grandmother. He denied receiving books or money to purchase books for
his classes from others.

Allegation Three: Are there any facts indicating that other members of the COM basketball
team received any financial assistance in any form from any coach of the COM basketball team
or any relative of any coach of the basketball team.
a.) Executive Summary of Findings on Allegation Three
The evidence preponderates in favor of finding that COM men's basketball players residing at
the Marinian Towers Apartment 202 and 12 A Park Crest Ct., Novato received financial
assistance from either Dave Granucci, Meredith Granucci or others at Dave Granucci's direction
in so far as the documented rent paid by the student athletes was substantially less than the
required rent and deposit payments at each location. However, I cannot determine if any other
financial benefits were provided to the student athletes by Dave Granucci or at his direction, but
Dave Granucci did issue financial breakdowns promising low rent payments, free books and
school supplies and free groceries/food to at least six prospective student athletes.

Jonathan Eldridge
November 4, 2015
pg. 16
b.) Information Applicable and Considered on Allegation Three
Financial assistance with respect to living expenses provided by COM coaching staff or relatives
of the coaching staff which were identified with respect to Bobby Reeves will also be applicable
to those residing with Bobby Reeves either at the Marinian Towers apartment 202 or at the
current residence at 12 A Park Crest Ct., Novato. The benefit conferred includes the guarantee of
the rent at Marinian Towers apartment 202, the payment of less than the fully allocated rent at
that apartment by the actual residents, as well as the nonpayment of either a security deposit or
first month rent for 12 A Park Crest Ct. In addition, during the course of interviewing students
and staff, additional potential financial assistance was identified including reported supply of
clothing and food to a former player (Miller Blake) by Dave Granucci. Last, a review of Dave
Granucci's Outlook files on his work e-mail account confirmed that he sent financial breakdowns
to several potential student athletes indicating that certain items would be donated or provided
free of charge. Those e-mails were sent to at least two current basketball team members (Robert
Colton and Karim NDiaye) who deny receiving the emails.
i. Financial Assistance for Living Expenses
Former COM player Modesta Britten confirmed that he lived at apartment 202 at the Marinian
Towers apartment complex, but he moved out in early June, 2015. (Ex. 215.) He indicated that
Daniel Vann-Victorino moved out around Christmas of 2014. After that, he and five other
players whose names he couldn't recall lived at the apartment each paying $282 a month in rent.
They would obtain separate money orders and present them to the apartment office. He always
purchased his own money order and believed that the other tenants got their own money orders.
Modesta Britten did not pay any rent for July, 2015. He did not obtain multiple money orders in
his name and present them to the office nor did he acquire money orders for someone else to
present. He did not live in apartment 202 in July and therefore, he did not get even a single
money order for that rent. (Ex. 215.)
Britten met Meredith Granucci one time following a basketball game. He understood that she
was a guarantor on the lease meaning that she had to pay whatever was extra. He does not know
if she actually did pay any of the rent.
During my conversation, he referred to the apartment as "his" apartment meaning Dave
Granucci. He denied receiving any food, books or other benefit from Dave Granucci or anyone
else. His financial aid covered those expenses. He is unaware of any player who received
financial benefit from Dave Granucci.
Robert Colton testified that he lived at Marinian Towers apartment 202 starting in August, 2015.
He lived with George Johnson, Bobby Reeves and Willie Rooks. (Ex. 54:1-24.) He believes that
he contributed cash to the other roommates which would be taken to the Marinian Towers
apartments office to pay the rent. He did that one time that he recalls at that complex. (Ex. 54:20-

Jonathan Eldridge
November 4, 2015
pg. 17
44.) He does not know how much cash he contributed to the August, 2015 rent and can't state
whether it was more or less than $200. (Ex. 55:1-11.)
Colton believes that his teammates were involved in finding the new residence 12 A Park Crest
Ct., but could not identify whose idea it was. He indicates the coaching staff was not involved in
the decision-making process. (Ex. 55:14-46.) Colton claimed that there were nine people residing
in the three bedroom units at 12 A Park Crest Ct. including himself, Karim NDiaye, Brandon
Barret, Ken Modica, Ty Davis, George Johnson, Willie Rooks, Bobby Reeves and JT Branch.
However, Brandon Barrett stated he lives at home. (Ex. 21:24-32.) JT Branch also claimed that
he lives at home with his parents. (Ex. 34:2-13.) George Johnson claimed to live with his
mother. (Ex. 98:50-99:7.)
Colton could not state how much was paid on his behalf for the first month's rent or the security
deposit for 12 A Park Crest Ct. as his guardian or parents would have dealt with that. (Ex. 56:3449.)
Ty Davis indicated that he currently lives at 12 A Park Crest Ct. with Bobby Reeves, Willie
Rooks, Karim NDiaye and George Johnson. (Ex. 65:1-7, 65:24-32.) Davis indicated that he paid
$300 to Willie who paid the rent to the landlord. He believes that he, Bobby, Willie, Karim and
George each paid $300 and does not believe that any other players paid rent though they might
hang out at the apartment during the day. In total, there were five people paying $300 each for
rent for 12 A Park Crest Ct. (Ex. 65:34-66:21.) Ty Davis denies ever residing at the Marinian
Towers apartment complex apartment 202, but had visited there on occasion. He thought that
Bobby Reeves, Willie Rooks and George Johnson lived there. (Ex. 66:32-42.)
Noah Everly resides in Novato with his mother and father. He has never lived in an apartment
with any COM basketball team members. (Ex. 74:1-9.) He has picked up teammates from 12 A
Park Crest Ct., and believes that Willie Rooks, Ty Davis and George Johnson are the only people
who live at that apartment. (Ex. 75:12-22.)
George Johnson reportedly lives at home in Brentwood, California with his mother. (Ex. 98:5099:7.) From time to time, he would spend the night at apartment 202 at the Marinian Towers
apartment complex, but he did not pay rent there. (Ex. 99:8-26.) He claims that the entire time
that he has attended COM, he has resided with his mother. He did not rent an apartment
including 12 A Park Crest Ct., Novato nor has he been to that location. (Ex. 101:21-31.)
Ken Modica confirmed that he resides at 12 A Park Crest Ct., Novato as of the time of the
interview. Prior to that, he lived with his cousins in Marin County. (Ex. 122:42-123:22.) He
claims that he lives with Robert Colton, Ty Davis, George Johnson, Willie Rooks and Karim
NDiaye at 12 A Park Crest Ct. (Ex. 123:27-42.) As of the time of the interview, Modica had not
paid any rent for that apartment nor had anyone asked him to pay any rent. (Ex. 123:43-124:1.)
He does not know how the rent gets paid for the apartment.

Jonathan Eldridge
November 4, 2015
pg. 18
Karim NDiaye confirmed that he lives at 12 A Park Crest Ct. in Novato with Robert Colton,
Willie Rooks, Bobby Reeves "and some other guys." He claims Keiland Callum has stayed there
and George Johnson stayed for a couple of days. (Ex. 136:11-19.) Prior to that, he lived at the
Marinian Towers apartment complex for approximately 3 weeks. (Ex. 136:20-37.) He does not
know how much has been paid on his behalf for rent at 12 A Park Crest Ct. as his sponsor, Mary
Finley has paid it. He does not know how much his rent for Park Crest Ct. is, but believes Mary
Finley paid $300 to first move in. (Ex. 137:24-48.) He offers no explanation about how the
amount of rent was communicated to Mary Finley and after more direct questioning, started
stating "I don't know" to the questions. (Ex. 137:41-138:6.) NDiaye has no knowledge of what
Mary paid while he lived at the Marinian apartment complex, but believes she did pay
something. (138:14-19.)
Willie Rooks confirmed that he resides at 12 A Park Crest Ct. with Bobby Reeves, Karim
NDiaye, Ty Davis and Rob Colton (who was described as "in and out"). (Ex. 184:42-47.) He
paid rent in the amount of $275 to Karim NDiaye. (Ex. 187:27-32.) Prior to that, he lived in
apartment 202 at the Marinian Towers apartment complex. He claimed he lived there with TJ
(last name unknown), Bobby Reeves and others who seem to come in and out as they were
kicked off the team. (Ex. 185:10-29.) He paid $275 per month to the "head of the house" for
apartment 202. (Ex. 185:30-37.) Regardless of the number of people who lived in apartment 202,
Willie's rent was always $275 per month. (Ex. 186:28-39.) At most, there were five people living
in apartment 202 and paying rent at any time. (Ex. 186:40-187:4.) Rooks claimed that he and
other teammates located the new living situation at 12 A Park Crest Ct., Novato, themselves.
(Ex. 188:32-49.)
Dane Wells resides at his parents home in San Anselmo. He has never resided at the Marinian
Towers apartment complex or 12 A Park Crest Ct., Novato. (Ex. 202:49-203:13.)
Apartment 202 at the Marinian Towers complex had a monthly rent obligation of $2,175. (Ex.
210.) The last rent paid there was by multiple money orders in Modesta Brittons name though
he no longer lived there. Britten did not purchase any money orders for that rent because he did
not live there. (Ex. 215.) According to the manager at that complex (Litta Cox), five males lived
in apartment 202 during July, 2015 George Johnson, Karim NDiaye, Robert Colton, Ty Davis
and Bobby Reeves. (Ex. 209.) She does not know why money orders in Modesta Brittons name
were used for the July, 2015 rent. Meredith Granucci guaranteed the rent payments. (Id.)
The rent and initial security deposit payable on September 12, 2015, for 12 A Park Crest Ct.,
Novato totaled $3,500. (Ex. 250.) The identified lessees are Robert Colton, Bobby Reeves,
Willie Rooks and Karim NDiaye. (Id.)

ii. Financial Assistance for Other Items

Lindsay Bacigalupi serves as the administrative assistant for the kinesiology and athletic
department for approximately 3 1/2 years. (Ex. 2:3-44.) Her primary location for that position is

Jonathan Eldridge
November 4, 2015
pg. 19
physical education building, room 10. (Id.) She also serves as the women's volleyball coach. In
her role with the athletic department, she comes into contact with many student athletes
including basketball players.
She indicated to me during the interview process that she has heard from some men's basketball
players that certain players get financial assistance from the coaches. She indicated to me that
former player, Milton Jackson stated to her that Dave Granucci purchased food and clothing for
men's basketball team member, Miller Blake. (Ex. 7:45-8:16.) She has not heard about similar
assertions being made as to any other men's basketball player.
She also heard from players that they pay their rent money to Dave Granucci. She heard this
from Milton Jackson and Bobby Reeves. (Ex. 8:20-39.)
In addition, review of Dave Granuccis work computer hard drive contents yielded two Cricket
phone bills. (Ex. 448, 510.) The first is dated June 6, 2013, for a phone issued to Nosike
Obanya. The second is dated June 6, 2013, for a phone issued to Tyrian Davis. There is no
explanation why the Cricket Wireless bills are in the hard drive of Granuccis work computer nor
any emails regarding the bills being received or sent from his email account. Davis receives
money from his family on a monthly basis and now works in the bay area. (Ex. 64:26-45.)

iii. Promised Financial Assistance

In reviewing Outlook file folders for Dave Granucci's work e-mail account, e-mails regarding
financial breakdown of expenses associated with attending COM were located. Specifically, the
following e-mail chains and/or attachments were found:
On June 6, 2014, Evaldas Vegertas e-mailed Dave Granucci to express his interest in playing
basketball at COM. (Ex. 332.) After exchanging several e-mails, David Granucci sent an e-mail
on June 23, 2014 stating:
" Have you had a chance to apply to our school? We're looking
at a cost of around $8,000 per year. That would include school and
rent. There are some meal plan options to help subsidize your food
cost. Please let me know if this is something you can manage."
(Ex. 331.) Dave Granucci followed that e-mail up two days later indicating that the price
included school supplies, books and insurance. (Id.) Evaldas Vegertas stated he was really
interested and hopes that it could get done, but his mom had lots of questions such as where he
would live and how he would get food. Vegertas stated that "I have to confirm with my mon how
much money we can give. Also, would the 8k include school supplies, insurance, etc. (Id.) On
July 3, 2014, Dave Granucci wrote back stating "you would be living in an apartment with other
guys on the team. It is a very nice apartment that is 7 min. from campus, and you will not have to
worry about transportation to school and home. The 8K includes school, books, school supplies,

Jonathan Eldridge
November 4, 2015
pg. 20
and living. There is assistance for food, so it will not cost much of anything for food. We have a
lot of meal plans." (Ex. 330.)
After additional back-and-forth, Dave Granucci asks the candidate "what can your mom afford?"
He asks for Evaldas to let him know how much his mother can spend to see if he can make it
work. (Ex. 329.) After Evaldas indicated that his mom could spend $4,000, Dave Granucci
writes back on July 8, 2014:
"Evaldas,
I tried calling you but it's been busy. It looks like we found some
scholarship money that will lower your cost to $6000. Is that
something you could manage?
Ill keep trying to call you."
(Id.) There is no evidence of Evaldas Vegertas ever being rostered on the COM men's basketball
team.
On March 24, 2015, Dave Granucci sent an e-mail regarding Benson Osayande with the subject
line "Benson's financial breakdown at College of Marin. (Ex. 350-351.). He indicates:
"Mr. Osayande,
I want to thank you and your family for taking the time to sit and
talk with us last week. It was great to meet you as well as the rest
of your family. I hope we were able to answer all your questions
during our visit. I've attached a financial breakdown for you to take
a look at. After looking it over I hope you'll find affordable. If you
have any other questions or concerns, please do not hesitate to
contact me via e-mail or on my cell at 415-272-1811.
Benson is a huge priority for us it would make an impact right
away! I would love the opportunity to develop him and coach him.
I hope you're well and look forward to hearing from you."
The document attached the e-mail is on a Marin sports letterhead entitled Benson Osayande
financial breakdown. It provides community college enrollment fee of $46 per unit, apartment
rent of $180 per month, books and school materials of zero dollars per semester (donated), and
groceries of zero dollars per month (donated) for a grand total of $1291 per semester. The
breakdown is signed "Coach Dave Granucci, College of Marin men's basketball." (Ex. 351.)
On March 30, 2015, Dave Granucci sent an e-mail to csprite06@yahoo.com subject line
College of Marin financial breakdown. He attached a document entitled Modest Welch

Jonathan Eldridge
November 4, 2015
pg. 21
financial breakdown." In the e-mail, he advises Mrs. Welch that is attaching the financial
breakdown for her to look at. (Ex. 353.) The breakdown itself is on Marin athletic letterhead and
is entitled Modest Welch financial breakdown. It provides California community college fee of
$209 per unit, one-time health fee of $19, enrollment fee of $552, with total tuition of $3,079 per
semester with financial aid $2000 per semester. Apartment rent of $180 per month. It indicates
books, school supplies and groceries at zero dollars per month noting that they will be donated.
The document is signed Coach Dave Granucci, College of Marin men's basketball. (Ex. 354.)
On May 12, 2015, Dave Granucci sent an e-mail to robcolton@Hotmail.com and the subject read
Rob Colton financial breakdown in Marin. It included an attachment entitled Rob
Colton.docx. In the e-mail, Dave Granucci wrote:
"Rob,
I've attached a financial breakdown for you and your dad to look
at. It shows what one year of Marin would cost. I think it is very
reasonable, but I'm definitely open to any questions you and your
dad might have.
We really want you to be a part of our basketball family and hope
this helps ease the financial stress of school."
(Ex. 356.) The attachment entitled Rob Colton financial breakdown indicates $209 per unit,
zero apartment rent, zero books and school materials (donated) and zero for groceries (donated).
Another attachment for Rob Colton on Marin athletic letterhead provides tuition at $1800 per
semester, rent at $185 per month which can be covered by work "we have set up for him"
including scorekeeping for AAU basketball, camp coach and youth coach as well as workstudy. It notes that books, school supplies, groceries and travel/transportation are free. The
document is signed by Dave Granucci, Coach at College of Marin. (Ex. 358.)
Rob Colton is currently attending COM and is a member of the men's basketball team. He
confirmed that his e-mail address is robcolton@Hotmail.com. (Ex. 58:12-13.) He confirmed that
he decided to come to COM at the end of May or start of June, 2015. (Ex. 59:20-28.) Rob Colton
confirmed he spoke to Dave Granucci on the phone a couple of times before deciding to attend
COM. When asked if there was any discussion with Dave Granucci about how Colton would pay
for his tuition, living expense daily expenses, Colton responded "not really." (Ex. 53:21-23.)
Dave Granucci purportedly indicated that there were no scholarships or anything like that
because it was a community college. Colton claimed that Dave Granucci advised that he would
have to pay for schooling himself including living expenses. (Ex. 53:25-32.) However, I found
Mr. Colton to be a less than candid interviewee. Coupled with his lack of candor during the
interview, the confirmation of his e-mail address and the e-mail and attachments found in Dave
Granucci's sent e-mail folder under his Outlook system, and the timing of his decision to come

Jonathan Eldridge
November 4, 2015
pg. 22
to COM leads a reasonable person to conclude that Mr. Colton in fact received the e-mail and
attachment.
On May 12, 2015, Dave Granucci sent an e-mail to Sean Finley regarding Karim NDiaye
enclosing a financial breakdown. The e-mail reads:
"Sean,
Great talking with you today. I've attached a financial breakdown
for you and Karim to take a look at. It shows what one year of
Marin would cost. I think it is very reasonable, but I am definitely
open to any questions you and Karim might have.
We really want Karim to be a part of our basketball family and
hope this helps ease the financial stress of school."
(Ex. 360.) The breakdown is entitled Number 22 Karim NDiaye financial breakdown for one
year at College of Marin and is on Marin athletic department stationary. It indicates tuition of
$1,800 per month as well as rent of $185 per month which can be paid through work that "we
have set up for him" including scorekeeping for AAU basketball, youth coach, work-study and
his current job at Tia Margarita. It indicates that books, school supplies, groceries and
travel/transportation are free. It is signed by David Granucci Head-Coach, College of Marin. (Ex.
361.) NDiayes roster number is 22.
Karim NDiaye was shown the attachment and financial breakdown during his interview. He
agreed that prior to deciding to come to COM, he exchanged e-mails with Dave Granucci. (Ex.
134:35-39.) He confirmed his e-mail address as the one appearing on the e-mail and confirmed
that his guardian, Sean Finley's e-mail address is also on the document. After reviewing the email and attachments, he was asked if he recalled getting the e-mail to which he initially
responded, yeah followed by some audible words. The next moment he stated he did not know
or did not remember receiving it. Ultimately, he did not believe that the financial breakdown was
intended for him and claimed he had never seen it before. (Ex. 135:4-38.) Mr. NDiaye
confirmed that he has not purchased books while attending COM they are too expensive. (Ex.
142:14-19.) He does not use books and he claims Mary Finley pays for his rent and his
groceries.
May 26, 2015, Dave Granucci sent an e-mail to kyoniso@yahoo.com referencing a College of
Marin financial breakdown for Kyonis Owens. The E-mail reads:
"Kyonis,
Here is a financial breakdown for you to take a look at.
Coach Dave"

Jonathan Eldridge
November 4, 2015
pg. 23

(Ex. 366.) The document attached to that e-mail is on Marin athletic letterhead and is titled
Kyonis Owens financial breakdown. It references a per-unit cost of $209 as well as $184 per
month for rent and zero for books, school materials and groceries with the latter two being
donated. (Ex. 367.)

c.) Findings
i. Financial assistance for living expenses
According to the documents reviewed and the witnesses interviewed, the rent at Marinian
Towers Apartment 202 was $2,175 per month. The July, 2015 rent was paid in money orders
issued to a former COM men's basketball player who was not living there at the time. The
amounts of each of the money orders do not correspond with the amount of rent claimed by the
people who admitted to living there at that time. Furthermore, adding up the admitted payment of
rent by those who claim to have lived in the apartment in the summer of 2015 totals $475 (Rooks
and Reeves). Robert Colton and Karim NDiaye both claim to have had rent paid on their behalf
by their sponsors, but they do not know how much was paid for their share of the rent. Therefore,
based upon the documented rent payments of $475, and the required rent of $2,175, there is a
shortfall of $1,700 in rent for the last month at the Marinian Towers. Based upon this
information, as well as the likelihood that Robert Colton and Karim NDiaye did not pay as
much as $850 each for rent, not to mention Dave Granucci's unwillingness to provide an
interview, the preponderance of the evidence weighs in favor of finding that the tenants of
apartment 202 at the Marinian Towers apartment complex received financial assistance from the
guarantor of the rent payments, Meredith Granucci or Dave Granucci who was directly involved
with the apartment.1
Additionally, giving credence to Modesta Brittens information, at most six student athletes paid
$282 each in rent while he was living in apartment 202 in 2015, totaling $1,692.00 in rent paid.
This leaves a monthly shortfall of $483.00. Therefore, under any scenario, a monthly rent
shortage exists.
With respect to 12 A Park Crest Ct., Novato, there is also a shortfall in the rent and security
deposit to be paid upon move-in on September 12, 2015. According to that lease agreement,
there are four tenants. Of those four, Robert Colton believes his sponsor paid money on his
behalf, but cannot state how much; Karim NDiaye likewise believes that his sponsor paid an
unknown amount of rent on his behalf; Reeves has paid no rent or security deposit as of the time
of his interview; and, Rooks paid $275 for the first month. Though not on the lease, Ty Davis
admitted to living at 12 A Park Crest Ct. and claimed to have paid $300 rent (he also claimed
that a total of five people were living there with each paying $300 rent). Ken Modica also lives
In addition, as Meredith Granucci guaranteed the rent payments for Apartment 202, there is
additional benefit conferred for the same reasons as discussed under Allegation Two.
1

Jonathan Eldridge
November 4, 2015
pg. 24
there, but had not paid any rent. Therefore, there is a confirmed collection of $575 (Rooks and
Davis) with unknown contributions by the sponsors of Colton and NDiaye to cover only a
portion of the $3,500 required payment for move-in for the new residence. To the extent that
Dave Granucci was instrumental in finding the location (the lease agreement was circulated
through his e-mail account, he arranged for signatures of the tenants, and he is identified as a
guarantor on the lease though the box or guarantee is not checked), and given Mr. Granucci's
unwillingness to be interviewed, it is reasonable to conclude that either he or someone at his
direction is covering the shortfall in that first month's rent and security deposit.
For these reasons, the evidence preponderates in favor of finding that COM men's basketball
players who resided at apartment 202 at the Marinian Towers in the summer of 2015 as well as
those COM men's basketball players who resided at 12 A Park Crest Ct. commencing September
12, 2015, received financial assistance with respect to rent and security deposit payments thereat.

ii. Financial assistance for other items

The evidence on this issue does not support a finding that any COM mens basketball player
received additional or non-living expense financial assistance from Dave Granucci or anyone at
his direction. The Cricket Wireless bills present in Dave Granuccis work computer hard drive
without more are an interesting finding, but not persuasive that he was paying cellular bills for
COM players. As for the alleged payment for clothing and food for a player, the evidence upon
which I could rely is likely double hearsay. Lindsay Bacigalupi indicated Milton Jackson stated
to her that Dave Granucci purchased food and clothing for a men's basketball team member. That
statement has not been verified, and therefore it is possible that the declarant (Milton Jackson)
himself became aware of the allegation through hearsay. Whether single or double hearsay, the
allegation remains speculative and not substantiated in the evidence at this time. For this reason,
there is no finding as to any claim of Dave Granucci or others at his direction providing financial
assistance for non-living expense related items.

iii. Promised financial assistance

Spinelli, Donald and Nott located e-mails and attachments in Dave Granucci's work e-mail
account under sent items (confirming that they had been sent) and confirmed with at least two
of the proposed recipients that the e-mail addresses were correct. The e-mail dates corresponded
with admitted contact between Dave Granucci and the proposed COM student athletes as well as
their decisions to come to COM. For these reasons, it is more likely than not that Dave Granucci
issued the e-mails with the financial breakdowns to each of the proposed student athletes.
The attachments to each of the e-mails confirm that Dave Granucci was "promising" nominal
rent (in one case, no rent), no costs for books or school supplies and no cost or food. While the
two recipients of the e-mails that I spoke with denied receiving the e-mails, attachments let alone
reduced rent and zero cost books, school supplies and food, each of those interviewees was noted

Jonathan Eldridge
November 4, 2015
pg. 25
to be less than candid (Colton and NDiaye). Given the peculiar circumstances surrounding their
rent payments, the documented shortfall in obligatory rent and deposit payments, as well as Dave
Granucci's refusal to be interviewed leads me to conclude that it is as likely as it is unlikely that
the two student athletes received books at no cost as well as donated food and groceries. Based
upon the evidence to date, and the evidence suggesting a 50/50 finding, I cannot find that that
Dave Granucci actually provided no cost books, school supplies and food/groceries. However,
the documentary evidence confirms that he did promise those items.

Allegation Four: Whether Dave Granucci, whose name appears on a fund-raising letter "on
behalf of S.T.A.R.: the Student Athletic Resources, College of Marin Kentfield" participated in
the activities outlined in said fund-raising letter.
A. If so, please specify with as much detail as possible the circumstances relating to Mr.
Granucci's involvement.
B. If this allegation is sustained, whether there are any facts indicating any raised funds
were not reported to and/or deposited with the district per district fund-raising procedures and, if
so, to what extent.

a.) Executive Summary of Findings on Allegation Four

The allegation is sustained by a preponderance of the evidence. Dave Granucci was directly
involved in the planning, scheduling and handling of the event as advertised. Further, no
expenses or income generated by the fundraiser was accounted for within the pre-existing
accounting, deposit and withdrawal process utilized by COM. In fact, the only donation known
to date was deposited into a credit union account that is not affiliated with COM.

b.) Information Applicable and Considered on Allegation Four

The information regarding the Marin S.T.A.R. Bocce fundraising tournament is limited to the
advertisement, e-mail from Rose Kozar of the Marin Bocce Federation located in San Rafael, the
COM basketball calendar and teleconference with Jeff Deehan. Unfortunately, Dave Granucci
refused to be interviewed and Shane Graham who is identified as the president of the
organization has not responded to my voicemail messages.
Emails were located in Dave Granuccis work email account regarding the fundraiser. On
September 1, 2015, Sarah Slatter wrote to jamie@marinpoweryoga and courtesy copied to Dave
Granucci about a September 19th bocce fundraiser and a donation of 1 month of free yoga
classes. The email states:

Jonathan Eldridge
November 4, 2015
pg. 26
The Bocce tournament is specifically a fund raising endeavor
for The College of Marins Basket Ball Team, however the
organization to make the donation of 1 month Free classes to is
The Student Athlete Foundation. (STAR Foundation). I have
copied Dave to this email so you can send the PDF directly to
him.
(Ex. 399.) On September 3, 2015, Dave Granucci, Troy Ratto, Colin Hamilton and Jordan
Hamilton issued an E-Vite regarding the Marin County Basketball Bocce Tournament. It read:
Marin County Basketball Bocce Tournament
2 weeks before our big Bocce event! We are excited and expect
a great turnout. Please RSVP if you havent already. If you have
RSVPd please send me a message with your team name so I can
start putting the tournament pools together. Hope youre all well!
Best, Dave
(Ex. 401.) In apparent response to that message, on September 11, 2015, Dave Granucci
received an email from boccebroad, aka Patti, indicating she will be participating to which
Dave Granucci responds, Awesome! We are excited to have you a part of it! (Ex. 414.)
Based upon additional information reviewed to date, Dave Granucci scheduled the bocce
fundraiser for September 19, 2015, and placed it on a schedule for the team members. The
schedule was located on his work computer hard drive. (Ex. 435-439 note page 437 and
reference to September 19 Team Bocce Ball Fundraiser.) Dave Granucci rented the Marin
Bocce Federation facility for September 19, 2015. According to the general manager of the
facility, the event in fact occurred. A person who attended the event confirmed that Dave
Granucci, Troy Ratto and Ken Strekfus were in attendance (see below).
Based upon my interview with interim athletic director, Stephen Berringer, in September of 2015
he received a donation from Mill Valley massage of a one-hour massage gift certificate. Included
with the gift certificate was in Marin S.T.A.R. advertisement with handwriting in the lower righthand corner. (Ex. 292-293.) The handwriting, according to Mr. Berringer, was probably put
there by the person submitting the donation. It indicates that the donation has a $74 value, the
recipient must have a gift card at the time of service and the service was a 60 min. massage at
either Mill Valley or San Rafael location.
I spoke with Jeff Deehan who indicated that he attended the September 19, 2015 bocce ball
tournament. (Ex. 214-215.) According to Mr. Deehan, he wrote a check in the amount of $500
as a donation made payable to the College of Marin basketball program. (Ex. 244.) Dave
Granucci requested he change the payee to "Student Athlete Resource Foundation." Mr. Deehan
did so and initialed the change. Mr. Deehan provided a copy of the processed/canceled check.
Mr. Deehan confirmed that Dave Granucci was present and appeared to be in charge. Assistant
coach Troy Ratto and assistant coach Ken Strekfus were also present. Though Mr. Deehan had

Jonathan Eldridge
November 4, 2015
pg. 27
attended similar events in the past and players were typically present, he indicated that he did not
recall seeing any student athletes at the Marin S.T.A.R. fundraiser. Coach Granucci indicated
that the basketball players had been working very hard and that he gave them the day off.
Last, a photograph was located on the Facebook page of Marin Bocce Federation dated
September 19, 2015. (Ex. 220.) The photograph includes a person wearing a College of Marin
shirt. The photo was posted by Shane Graham which is confirmed by comments underneath the
picture.
The College of Marin basketball schedule located by Lindsay Bacigalupi, provided to Interim
Athletic Director Stephen Berringer who in turn provided the documents to me confirms that a
bocce fundraiser occurred on September 19, 2015, according to the schedule. (Ex. 304-306.)
Basketball player Dane Wells confirmed that the bocce tournament fundraiser was at least
discussed with the basketball players during a scheduling meeting (see discussion below.)
It must be noted that every assistant coach (Colin Hamilton, Jordan Hamilton, Troy Ratto and
Ken Strekfus) denied any knowledge about a Bocce tournament fundraiser scheduled for
September 19, 2015, despite that their interviews occurred within ten days after that date. (See
Ex. 81:38-82:19; 90:24-31; 149:19-46; 197:22-198:9.)
In addition, all but four players interviewed denied any knowledge of the Bocce fundraiser.
These interviewees include Brandon Barrett (Ex. 22:20-26); Keiland Callum (Ex. 43:37-44:5);
Robert Colton (Ex. 57:37-48); Ty Davis (Ex. 67:28-37); Noah Everly (Ex. 75:31-38); George
Johnson (Ex. 99:39-44); Karim NDiaye (Ex. 140:6-23); Bobby Reeves (Ex. 174:31-175:8); and,
Willie Rooks (Ex. 189:26-45).
Three players acknowledged the bocce ball tournament. JT Branch was the first to do so and
stated that while he was walking out of the gym, he overheard other students talking about it. He
estimated that the conversation was overheard "a few weeks ago" which would have been in
approximately the first week of September. He overheard several young women talking about a
bocce ball fundraiser which was described as an event for old people and to raise money. (Ex.
36:1-37:14.) Luke Chavez was a little more specific about his recollection, but only after he
knew that the Marin basketball schedule/calendar was in evidence. (Ex. 46:30-50.) Once Mr.
Chavez knew that I had the schedule that was handed out by the coaching staff, he agreed that he
was aware of a bocce ball tournament scheduled to happen on September 19, 2015. He was
aware of it, because it was written down on the basketball schedule that was handed out by Dave
Granucci. (Ex. 47:1-20.) That schedule with the bocce ball fundraiser noted on September 19
was handed out to the entire team in his presence. (Ex. 47:21-23.) He claims he did not attend
that event because he was sick. (Ex. 47:49-50.) Last, Dane Wells was the most open of the
basketball players about the bocce fundraiser. Mr. Wells indicated that the schedule was handed
out in the team meeting room during a meeting led by Dave Granucci. (Ex. 204:6-30.) Wells
confirmed that Dave Granucci, Troy Ratto, Colin Hamilton and Jordan Hamilton were present
for that meeting. (Ex. 204:28-42.) During that meeting while the schedule was handed out, there

Jonathan Eldridge
November 4, 2015
pg. 28
was a discussion about the September 19th bocce ball fundraiser led primarily by Troy Ratto.
(Ex. 205:1-22.)

c.) Finding
All of this information which is unrebutted given Mr. Granuccis unwillingness to meet with me
as well as a lack of any response from Shane Graham, leads to the reasonable conclusion that this
allegation is in fact confirmed by a preponderance of the evidence.
As the allegation has been sustained in Mr. Granucci's involvement identified above, the next
issue to consider is whether there are any facts indicating that any raised funds were either not
reported and/were not deposited with the district per district fund-raising procedures. In
consideration of this sub allegation, the interviews with Lindsay Bacigalupi and interim athletic
director Stephen Berringer, and my conversation with Jeff Deehan as well as the canceled check
are important to analyze.
First, Lindsay Bacigalupi confirmed that any expense associated with a fundraiser would be
deducted from the basketball foundation account and documented on the R663 Foundation
Accounting record. (Ex. 282-284.) Ms. Bacigalupi handles the fund deposits as well as
expenditures for the basketball team going back to 2012. This documentation notes in past years
when a bocce fundraiser has occurred that expenses are advanced by the foundation account and
deposits are made showing the revenue generated by those fundraisers. However, for the
September 19, 2015, bocce fundraiser, there is neither reference to expenses nor revenue
associated with that fundraiser. However, we know that expenses were incurred and that money
was generated.
For example, the Marin Bocce Federation representative Rose Kozar confirmed that Mr.
Granucci arranged to use the grounds for the September 19 fundraiser. (Ex. 217.) There is no
reference in the basketball foundation accounting records with respect to any expenditure for that
necessary expense. (Ex. 284; See also Lindsay Bacigalupi statement 9:34-40.)
Likewise, we know that at least $500 was received as a donation made by Deehan Plumbing.
(Ex. 244.) The canceled check shows that it was processed through the Redwood Credit Union.
The basketball foundation account is not handled through that financial institution. Furthermore,
there is no reference to any deposit in the basketball foundation account following the event.
(Ex. 284; 9:37-40.) Last, Mr. Deehan confirmed that while he initially made his donation
payable to College of Marin men's basketball, he was asked to change it to the Student Athlete
Resource Foundation. The Student Athlete Resource Foundation has no association with the
college of Marin nor the basketball foundation account. (Ex. 29:40-30:3.)
Normally, fundraisers for specific sport teams require approval by the Athletic Director. Here,
the Interim Athletic Director did not know about the fundraiser and has confirmed that the entity
that hosted the fundraiser was not affiliated with COM. (Ex. 29:40-30:3, 30:35-31:26.)

Jonathan Eldridge
November 4, 2015
pg. 29

In summary, based upon a preponderance of the evidence standard, there are facts indicating that
funds raised by the September 19, 2015, bocce fundraiser for the Student Athlete Resource
Foundation were neither reported to nor deposited with the COM consistent with COM fundraising accounting procedures. The extent of the misapplied funds is at least $500 based on the
Deehan contribution. It is likely significantly more than that given the cost of participating in the
bocce ball tournament and the substantial likelihood that other donations were received.

Allegation Five: Whether the tax ID referenced in the S.T.A.R. fund-raising letter is associated
with the district.
A. If not, please specify with as much detail as possible the circumstances relating to the
tax ID associated with star
a.) Information and Finding on Allegation Five
The Marin S.T.A.R. advertisement is the only document that references a tax identification
number associated with the purported charitable organization. (Ex. 292.) The advertisement
solicits donations for raffle prizes and notes that "any donation you make to us is tax-deductible."
However, it provides that the tax identification number will be given upon request.
I have independently searched for any information regarding Marin S.T.A.R., The Student
Athlete Resource, College of Marin, Kentfield, The Student Athletic Resource Foundation, and
other combinations of the advertised charity name, but has not been able locate any evidence of
the existence of a foundation or charitable organization even in the Internal Revenue Services
online records.
At this time, there is no way to determine what tax identification number is indicated that will
be provided for donations. It was not identified on the advertising document (Ex. 288) and the
only known donor who has agreed to discuss the matter (Jeff Deehan/Deehan Plumbing) was not
provided a tax identification number at the time of his donation. (Ex. 214-215.) The tax
identification number does not appear on his cancelled check. (Ex. 244.) The other two people
known to be associated with Marin S.T.A.R., Dave Granucci and Shane Graham, refuse to be
interviewed.

Allegation Six: Whether any coach of the COM basketball team or any relative of any coach of
the COM basketball team used the "Next-Door San Rafael" web hosting site to financially
benefit any members of the COM basketball team in any form.
A. If so, please specify with as much detail as possible the circumstances relating to the
actions of any coach/relative of any coach in this regard.

Jonathan Eldridge
November 4, 2015
pg. 30

B. If allegations six is sustained, whether there are any facts indicating what benefit any
member of the COM basketball team received.

a.) Executive Summary of Findings on Allegation Six

The preponderance of the evidence supports sustaining this allegation. Based upon the timing of
the Next-Door San Rafael solicitations for bedroom furniture, the interview statements of men's
assistant basketball coach, Troy Ratto, the interview of Bobby Reeves and the lease of 12 A Park
Crest Ct., Novato, it is more likely than not that solicited and donated furniture was acquired and
placed in that residence prior to the arrival of the men's basketball players who rented that
residence. There is no evidence to confirm that any player or coaching representative actively
participated in either soliciting the donated furniture or delivering it to the residence.

b.) Information Available and Considered on Allegation Six

Interim Athletic Director Stephen Berringer became aware of a posting on a website entitled
"Next-Door San Rafael" in the middle of September, 2015 seeking furniture donations ostensibly
for COM students. (Ex. 27:45-28:12.) A woman by the name of Angela Gott sent an e-mail to
the COM athletics department that was forwarded to Mr. Berringer by the IT department. Ms.
Gott forwarded a posting on the Next-Door San Rafael website and asked Mr. Berringer if COM
knew of the posting, if COM was soliciting the furniture for students or was aware of the request.
(Ex. 28:1-21.) Interim Athletic Director Stephen Berringer does not know if the furniture
collection actually happened in response to the posting. (Ex. 28:22-26.)
Ms. Gott's e-mail to the COM Athletic Department is two pages long. (Ex. 297-298.) While she
inquires if COM is aware of the posting, her e-mail seems to be more about venting frustrations
on a multitude of issues rather than a simple inquiry into the request and whether COM was
aware of it. Interim Athletic Director Stephen Berringer thanked Ms. Gott for the information
and indicated he would look into the matter. To my knowledge, Ms. Gott has made no further
inquiry on this or any other related subject to the COM athletic department.
The initial posting as presented by Ms. Gott was made by Melody Phillips Ratto from Terra
Linda/San Rafael in early September of 2015. It reads:
"Hi everyone I have an organization that is much need of help.
They need clean twin mattresses and box springs. (Frames would
be great too but not immediately necessary) unfortunately these
kids come with nothing in their pockets so they are unable to pay
anything. If you do have a nice twin you are trying to get rid of let
me know and I will get the truck out to pick up whatever you're
willing to donate Thank you so much."

Jonathan Eldridge
November 4, 2015
pg. 31

(Ex. 300.)
On approximately September 9, Melodie Phillips Ratto wrote:
"Hi everyone sorry for the delayed response my granddaughter
came over with pneumonia and we have been dealing with that.
The donations are for college students who are coming here from
very tough areas (Alabama, Louisiana, Texas and more) that have
the desire to attend school and play athletics). One example is a kid
who lived in one of the toughest places in Alabama, his mother
received state support for him (he did not see a dime) when he told
his mother he had this opportunity she said if he left home she
would disown him only because she would lose the money the
state was paying for him. Anyway we have places for these kids to
live people who out of the kindness of their hearts have offered
places for them at a lower rent because we all know how much it
costs to live in Marin. Over the years we have gotten kitchen items,
blankets, pillows etc. but the beds are a real challenge. These kids
arent living here with no responsibilities they have to maintain
jobs, learn to pay their rents and learn the responsibilities they
never had in the hood! So anyone who can help we would greatly
appreciate it. We're getting a U-Haul in the next few days and we
are going to get the addresses together and do a pick up all at once
to try to get these kids off the floor. I feel blessed to be able to give
these kids a chance at a normal life. They would be so appreciative
of your donations. God bless and thank you. I will respond to all of
the responses. Soon."
(Ex. 302.) On that same day, Melodie Phillips Ratto followed up:
"Oh my goodness what a wonderful group of friends and neighbors
we have. Normally this would have taken me a couple of months
to have offers for these beds. I am working with my son on when
we can get the U-Haul so we can pick these up. From the bottom
of my heart I cannot thank you enough."
(Ex. 302.) On that same day, Melodie Phillips Ratto noted:
"So the plan is to rent a U-Haul on Thursday! They can only do
pick up after classes and practice so they will start from my house
at six. I am putting together the addresses so we make good use of
the time and you pick up as quickly as possible! Please PM me

Jonathan Eldridge
November 4, 2015
pg. 32
your address and I will confirm pickup Thursday a.m. Again thank
you!
(Ex. 302-303.)
On the day of pickup (probably September 11, 2015 based upon the timestamps and cut-andpaste date by Angela Gott), Melodie Phillips Ratto wrote:
"I'll thank you so much for your generosity and hopefully we will
have enough for all the guys. Again if you are donating and I don't
have your address please send it to me so I can put you on the
pickup list. Starting to pick up 6-7 this evening."
(Ex. 303.) Likely on September 11, 2015, Joanne Conte posted:
"I think in a previous message Mel said her son coaches at COM
and the kids are coming to go to college and play sports.."
(Ex. 299.) In response to Joanne Conte, Melodie Phillips Ratto posted subsequently:
"Thanks JoAnn I appreciate your help. If COM provided dorms we
would not need to ask for help. Because there are some who don't
want a dorm in the area we are diligently working to find places
for these kids. I tried to keep the school out of it because it could
affect funding. Good news they are all moving in today! I have a
couple more beds to pick up today Thank you to everyone who
made these kids day!"
(Ex. 299.)
On September 11, 2015, Bobby Reeves, Robert Colton, Willie Rooks and Karim NDiaye
entered into a month to month rental agreement for 12 A Park Crest Ct., Novato, California. (Ex.
250-262.) The first month of the tenancy is 9/12/15-10/11/15. (Ex. 250.) The lease included
limited personal property including a breakfast table, dining table, sectional, coffee table, two
patio chairs, barbecue, easy chair, coat rack, buffet and miscellaneous pictures. (Ex. 250.)
However, according to Bobby Reeves, when they moved into the new residence, it was
completely furnished including beds and bedroom furnishings. (Ex. 173:32-174:20.) Reeves
claims he is unaware of any solicitation or acquisition of furniture by or for the players. (Ex.
174:21-28.)
Assistant coach Troy Ratto confirmed that Melodie Phillips Ratto is his mother. (Ex. 147:31-35.)
He confirmed that his mother lives in northern San Rafael in Terra Linda. (Ex. 158:4-10.) He
denied any knowledge of his mother doing anything to solicit donations for the men's basketball
team members. (Ex. 147:36-38.) He stated that he is not aware of his mother attempting to gather

Jonathan Eldridge
November 4, 2015
pg. 33
donated furniture or utilizing a U-Haul truck to pick up donated items. (Ex. 158:8-159:12.) It
should be noted that Troy Ratto was determined by me to be willfully false in his statement
regarding the bocce ball fundraiser as he denied any knowledge of the fundraiser yet Jeff Deehan
confirmed that he was in attendance and Dane Wells confirmed that he spoke about the event in
a team meeting.

c.) Findings
Based upon a totality of the circumstances, it is more probable than not that bedroom furnishings
including mattresses and box springs were solicited, donated and acquired on behalf of men's
basketball team members in September, 2015. This conclusion is based on the Next-Door San
Rafael website hosting which corresponds chronologically with the departure of basketball team
members from the Marinian Towers apartment complex to a new location in Novato.
Specifically, and based upon the timestamps on the blog entries as cut and pasted by Angela
Gott, Melodie Phillips Ratto of "Terra Linda" requested clean twin mattresses and box springs
for an unidentified organization. On September 9, 2015, she wrote that the donations are for
college students coming to Marin County from Alabama, Louisiana and Texas and specifically
notes that the college students desire to attend school and play athletics. It is known that the
current COM mens basketball team roster has students from Louisiana and Texas. Later that
same day, she indicates that she is working with her son who we know is Troy Ratto, assistant
men's basketball coach to get a U-Haul to pick up the items. She responds even later that same
day that the U-Haul pickup will happen "after classes and practice" so that they will start from
her house at 6 PM.
The items were likely picked up on September 11, 2015, based upon the blog entries and the date
of Ms. Gott's e-mail to the athletic department. On that date, Melodie Phillips Ratto writes that
hopefully enough has been obtained for "all the guys." She indicates that pickup will start
between 6 and 7 PM. Another reader indicated that Melodie Phillips Rattos son coached sports
at COM which prompted Melodie Phillips Ratto to post her response indicating that if COM
provided dorms that she would not need to ask for help. She also indicates that she intentionally
tried to keep the name of the school out of the discussion. She closes that message by stating
good news they are all moving in today!!! (Ex. 299.)
Melodie Phillips Ratto's blog entries confirm that furniture was solicited, picked up and intended
for COM student athletes. Her son is an assistant coach for the men's basketball team. On
September 12, 2015, the month to month rental of 12 A Park Crest Ct., Novato began for
basketball players Reeves, Colton, Brooks and NDiaye. The lease indicated the only personal
property included with the unit was a breakfast table, dining table, sectional, coffee table, two
patio chairs, barbecue, easy chair, coat rack, plus miscellaneous pictures. No bedroom furniture
was included. According to Bobby Reeves, when he moved into the new residence it was
completely furnished including bedroom furniture.

Jonathan Eldridge
November 4, 2015
pg. 34
Again, given Troy Rattos lack of candor during the interview with respect to the bocce ball
tournament, I opt to conclude his statement to be willfully false as to his denial of knowledge
regarding the solicitation of furniture items, the delivery of furniture items and the involvement
of his mother seeking those donations.
While the blog entries by Melody Phillips Ratto suggests that players would be involved in
picking up the items, I have found no evidence to support that claim. None of the players
indicated they were involved in picking up the furniture. In addition, there is no evidence that
any of the coaching staff actively participated in picking up the donated furniture.
The benefit received by any resident of 12 A Park Crest Ct., Novato would be limited to the
value of using the bedroom furniture as there does not appear any claim by the players of
ownership over the furnishings. That value could be determined by contacting local furniture
rental or rent to own facilities to determine that cost. If valuation of the rental cost of furniture is
required, I would be happy to obtain that information from Marin County vendors.

Allegation Seven: How funds collected from "Next Level Sports" basketball camps conducted at
COM were collected, stored, deposited, dispersed and otherwise handled.
A. Please specify with as much detail as possible the circumstances relating to the
handling of these funds.
B. Please indicate whether there are any facts indicating any coach was involved in the
handling of funds, and to what extent.
C. Please indicate whether there are any facts indicating these funds benefited one or
more players on the COM basketball team.
a.) Executive Summary of Findings on Allegation Seven
Based upon the evidence generated date, Next Level Sports handled registration of player
personnel for the Next Level Sports, College of Marin basketball program. Players were charged
$275 for the season. Next Level Sports collected, deposited and will eventually disperse that
registration money pursuant to the Site Director Agreement (after deducting site hard costs, Next
Level Sports, LLC and the Site Director (Dave Granucci) will split the net revenue evenly. There
is no evidence indicating that any coach of COM was involved in actual handling of funds except
potentially as to snack bar revenue. However, there is no way to determine based on the evidence
available to date that any COM coach actually handled any snack bar revenue.

Jonathan Eldridge
November 4, 2015
pg. 35
b.) Information Available and Considered on Allegation Seven
On May 5, 2015, Lance Smith, COO of Next Level Sports forwarded a proposed contract to be
reviewed and signed by Dave Granucci. (Ex. 223-224.) The Independent Contractor Site
Director Agreement is dated May 5, 2015. The parties identified include Next Level Sports, LLC
and Dave Granucci. Dave Granucci was identified as the Site Director selected to operate a
basketball sports program for a 10 week period starting September, 2015. (Ex. 225.) The
agreement notes that Next Level Sports is not responsible for payment or withholding of any
employment taxes, unemployment insurance, workman's compensation benefits or personnel
costs incurred by Site Director in connection with the program. (Ex. 226.) According to the
agreement, Next Level Sports would collect all sports program revenue, and that the Site
Director would share in the net revenue on a 50/50 basis once site hard costs for the season were
deducted. (Ex. 226-227.) Of the 50% of the net proceeds allocated to the Site Director, the Site
Director is solely responsible for paying site captains, staff, referees and basketball court rental
expense. (Ex. 227.)
Notably, the agreement provides that the operation of a snack shack is subject to the Site
Directors discretion and any revenues generated thereby can be used to offset costs that are the
sole responsibility of the site director (i.e. cost of site captains, staff, referees and basketball
court rental. (Id.)
On May 27, 2015, Dave Granucci forwarded the signed contract to Lance Smith and Patrick
Walsh of Next Level Sports. (Ex. 369-370.)
Next Level Sports/Basketball at College of Marin was advertised on the Next Level Sports
website. I downloaded documentation from that website on September 21, 2015. (See Ex. 517519.) According to that website, teams from kindergarten through fifth/sixth grade were
registered at a cost of $275 per player. (Id.) According to various COM men's basketball team
players, there were between eight and 10 players per team. According to the registration website,
payment was made directly to Next Level Sports independent of the Site Director, Dave
Granucci.
According to COM mens basketball player Ken Modica, an older white guy with a beard
standing approximately 6'1" tall runs the front of the building for Next Levels Sports, College of
Marin. This same person operates the snack bar. (Ex. 128:1-28.)

c.) Findings
There is no evidence that Next Level Sports registration revenue was collected, handled or
maintained by any COM affiliated coach. Rather, and according to the website for Next Level
Sports, registration was handled directly through that website including payment for registration
of a player. None of the interviews conducted with COM players suggest that they handled any
money as part of their service for the Next Level Sports basketball program.

Jonathan Eldridge
November 4, 2015
pg. 36

The contract between Next Level Sports and its Site Director, Dave Granucci also confirms that
Next Level Sports handled the registration money. However, that same agreement provided
discretion to the Site Director to operate a snack bar at the facility with the revenue of the snack
bar to be available to offset costs incurred by the Site Director. However, it is not stated if the
Site Director would retain that money pending completion of the league year and accounting of
revenue to be allocated between Next Level Sports and the Site Director after deduction of site
hard costs. To the extent that no COM players interviewed participated in the snack bar and the
only information regarding the existence of a snack bar came from player Ken Modica who
identified a non-COM affiliated person running the snack bar, there is insufficient information to
determine if any COM coaching member or player acquired any snack bar income.
As discussed in conjunction with allegation number eight below, some of the players believe that
they were volunteering their services for the league, some believe that they would be paid by tips
from players parents and some believe that they would be paid by Next Level Sports at the
conclusion of the league. None had any specific amount either on a gross or per hour basis that
they expected to be paid however. This seems reasonably consistent with the Next Level Sports
agreement whereby at the conclusion of the league, the Site Directors share would be available
to cover the expenses of player coaches, referees, etc. Insofar as the interviews of the players
occurred approximately 3 weeks into the inaugural season, and Dave Granucci refused to
participate in an interview, it is impossible to determine how the players pay would actually be
calculated or how much they would be paid for their service.

Allegation Eight: Whether members of the COM men's basketball team were required to work
at the "Next Level Sports" camps conducted at COM.
A. If so, please specify with as much detail as possible whether those players were paid
for their work, and to what extent.

a.) Executive Summary of Findings on Allegation Eight

There is no evidence that the COM men's basketball team members were required to work at the
Next Level Sports league conducted at COM.

b.) Information Available and Considered on Allegation Eight

On May 5, 2015, Lance Smith, COO of Next Level Sports forwarded a proposed contract to be
reviewed and signed by Dave Granucci. (Ex. 223-224.) The Independent Contractor Site
Director Agreement is dated May 5, 2015. The parties identified include Next Level Sports, LLC
and Dave Granucci. Dave Granucci was identified as the Site Director selected to operate a
basketball sports program for a 10 week period starting September, 2015. (Ex. 225.) The

Jonathan Eldridge
November 4, 2015
pg. 37
agreement notes that Next Level Sports is not responsible for payment or withholding of any
employment taxes, unemployment insurance, workman's compensation benefits or personnel
costs incurred by Site Director in connection with the program. (Ex. 226.) According to the
agreement, Next Level Sports would collect all sports program revenue, and that the Site
Director would share in the net revenue on a 50/50 basis once site hard costs for the season were
deducted. (Ex. 226-227.) Of the 50% of the net proceeds allocated to the Site Director, the Site
Director was there solely responsible for paying site captains, staff, referees and basketball court
rental. (Ex. 227.)
Troy Ratto confirmed that he participates in the Next Level Sports program at COM. As a
participant, he believes that he will be paid by Next Level Sports. (Ex. 151.) The amount of pay
is dependent upon the enrollment over the course of the league. He believes that the amount of
pay for player/coaches will depend on the number of hours each person works and the payment
will happen at the end of the session. (Id.) Mr. Ratto confirmed that he, Dave Granucci, and
Colin Hamilton are the administrators of the program (Id.) Mr. Ratto confirmed that Ty Davis,
Willie Rooks, Ken Modica, George Johnson and Noah Everly are participating as coaches for the
Next Level Sports program.
Colin Hamilton denied any involvement with Next Level Sports. He was aware of the
organization, but indicated he was unsure if Dave Granucci was involved with the program. (Ex.
82:47-83:5.) He also claimed that his brother, Jordan Hamilton was not involved in Next Level
Sports. (Ex. 83:6-8.) Colin Hamilton indicated:
Q. Are you aware of Next Level Sports offering a basketball
league through COM?
I heard that they were trying to expand.
Q. But to your knowledge as you sit here, you are not aware of
that actually happening?
Im not sure if they have actually cemented that.
Q. Has anyone from either Next Level Sports or a coach from
COM men's basketball approached you about participating in the
Next Level Sports basketball program once it's established?
No.
Q. Do you know if there are any men's basketball program
members who also coach Next Level Sports basketball teams?
Not that I know of."

Jonathan Eldridge
November 4, 2015
pg. 38
(Ex. 83:11-22.) Colin Hamiltons interview occurred on the same day as Troy Rattos interview.
Jordan Hamilton, Colin Hamiltons brother, was also interviewed on the same day. He confirmed
that Next Level Sports has hired the COM basketball coaching staff as site facilitators to run
their league. (Ex. 91:14-26.) Jordan Hamilton specifically noted that Dave Granucci, Troy Ratto
and Colin Hamilton in addition to himself participated in the Next Level Sports program. (Ex.
92:17-21.) Jordan Hamilton understood that any COM men's basketball players who are not
international students would be paid for their participation. International students are not
required to participate with Next Level Sports because they would not be paid. (Ex. 92:22-46.)
The players have a varying perspective on their role with Next Level Sports. These include:
Brandon Barrett - Barrett does not participate with Next Level
Sports. (Ex. 23:39-24:3.)
JT Branch Branch does not participate in a youth basketball
program at COM on Sundays and has never heard of Next Level
Sports. (Ex. 37:28-34.)
Keiland Callum Callum does not participate in a Sunday youth
basketball league and has not heard the name Next Level Sports.
(Ex. 43:30-36.) He did overhear some of the players talking about
a flag football clinic held on Sundays that needed coaches, but
because he has a job already, he tuned it out and was not
interested. (Ex. 42:46-43:22.)
Luke Chavez Chavez denies participating in a Sunday basketball
league at COM. (Ex. 50:26-31.) He overheard some players talking
about a camp or clinic that they help out with on Sundays. He
believes that Noah Everly mentioned it, but did not mention if he
was being paid. (Ex. 50:34-50.)
Robert Colton - Colton denied ever hearing of Next Level Sports,
but indicated he helps out sometimes with a youth basketball
league on Sundays at COM. He confirmed that he has not been
paid nor does he have an expectation of payment for his
participation in that youth basketball league. (Ex. 58:4-23.) Mr.
Colton is an international student athlete. He confirmed that he
participates in the program as a volunteer. He confirmed that it was
100% his decision to participate and he was not required to do so.
(Ex. 59:36-16:2.)
Ty Davis - Davis denied being involved with the Next Level
Sports Marin basketball program in the three weeks preceding his

Jonathan Eldridge
November 4, 2015
pg. 39
interview. (Ex. 68:10-34.) It was at this point in his interview when
he became quite defensive prompting Interim Athletic Director
Stephen Berringer to step in and calm him down. Once calm, he
continued to deny being involved with the youth basketball league
and denied being present at the COM basketball gym on the past
three Sundays. (Ex. 68:29-69:25.) Others including coaches and
players place him as a participant.
Noah Everly - Everly confirmed that he participates in the Next
Level Sports basketball program. (Ex. 75:485-76:43.) A 60 tall
Caucasian man associated with Next Level Sports made it clear to
him that the players are strictly volunteers and they are not being
paid for their work. (Ex. 77:30-44.)
George Johnson - Johnson denied knowing of Next Level Sports
and denied being aware of any youth basketball program
happening at COM on Sundays. (Ex. 100:7-29.) He stated that he
has never agreed to serve as a coach for any youth basketball
program and cannot recall anyone ever asking him to do so. (Ex.
103:1-12.)
Ken Modica - Modica has participated with the Next Level Sports
youth basketball league. He claims he was approached at a Next
Level Sports flag football program about the Marin County area
needing assistance with basketball. This happened about six weeks
before his interview (making that contact approximately August,
2015). (Ex. 125:20-46.) He was advised that he would be paid for
his work towards the end of the season of the youth basketball
league, but did not state how much he would be paid or how his
rate of pay will be calculated. (Ex. 126:1-16.) He confirmed Ty
Davis, Karim NDiaye, Bobby Reeves, Willie Rooks and Noah
Everly have participated coaching Next Level Sports youth
basketball teams so far. (Ex. 127:1-4.) Modica has not observed
any COM coaching staff present and believes that there is an older
man who seems to be in charge. (Ex. 127:9-14.) He described that
man is being older, with facial hair, approximately 6'1" tall. (Ex.
128:6-23.)
Karim NDiaye NDiaye confirmed that he has been
participating as a volunteer in the youth basketball league that
occurs on Sundays at COM. He heard about the program through
his teammates. (Ex. 140:35-141:13.) While no one has told him he
will be paid, he hopes to get paid. However, he has no idea of the
source payment except that perhaps his players parents might tip

Jonathan Eldridge
November 4, 2015
pg. 40
him. (Ex. 141:34-142:8.) He indicated that his teammates advised
him that he had to work with teams. He has no idea why he had
worked with the youth teams, but he likes working with kids so
there was no real concern to him. (Ex. 141:1-8.)
Bobby Reeves - Reeves has volunteered with Next Level Sports
after becoming aware of it from Dave Granucci. Mr. Granucci
asked the players if they wanted to make extra money coaching
some kids for Next Level Sports on Sundays. (Ex. 169:35-45.) Rob
Colton, Kareem NDiaye, Noah Everly, Ken Modica and Ty Davis
are participating as coaches. (Ex. 170:2-22.) Bobby Reeves has
observed Dave Granucci and Troy Ratto at the Next Level Sports
program. (Ex. 171:1-5.) While he understands he will be paid, he
does not know how much or when. (Ex. 171:9--27.)
Dane Wells - Wells heard teammate Luke Chavez talking about the
Sunday youth basketball program. (Ex. 25:40-206:6.) He was not
asked to participate.

c.) Findings
The evidence confirms that a handful of COM men's basketball team members participated as
coaches for the Next Level Sports basketball program conducted at COM during September,
October and November, 2015. While one of the players, who according to coach Troy Ratto and
other players participated, denied involvement (Ty Davis), others categorically denied being
involved and there was no evidence that they were actually involved. Others admitted that they
participated with the program. International students Robert Colton and Karim NDiaye
confirmed that they were involved, but noted that they were volunteering and did not expect
payment. Others, consistent with Troy Ratto's interview as well as the Next Level Sports Site
Director Agreement confirmed that they expected to be paid at the conclusion of the league.
None of the players indicated that they were required to participate with Next Level Sports
basketball. The closest any student indicated that they were required to participate is the
statement of Karim NDiaye who indicated that his teammates advised him that he had to work
with the various youth teams. In follow-up questioning, he did express no actual explanation why
he had to work with youth teams ultimately indicating that the request/requirement did not
concern him because he enjoyed working with young basketball players. Further, the statement
that he was required to participate did not come from COM coaches, but his teammates and can
be taken different ways ranging from obligation to voluntary. All of the other players and
coaches interviewed indicated that participation was strictly voluntary.
On the sum of the evidence, it does not appear that any player was actually required by any
COM coaching staff to participate with the Next Level Sports program. Further, it is clear that

Jonathan Eldridge
November 4, 2015
pg. 41
some expect to be paid, others have been told there will be no payment, and yet others view their
participation as strictly voluntary and without pay. While it certainly could be the case that these
players were told different things, I did get the impression that the non-international student
athletes were concerned that payment to them for their work with this sports program may
violate some rule and so they denied knowledge or expectation of payment.
Whether any student athlete will be paid will be established at the conclusion of the Next Level
Sports league - likely at the end of November, 2015. According to the Site Director Agreement,
David Granucci will have to pay the personnel out of his portion of the net league proceeds.
However, until then and absent his cooperation or subpoena power, there is no way to confirm if
he makes payment to the student athletes.

FURTHER INVESTIGATION
I do not believe that any additional areas requiring investigation have been identified thus far.
The evidence analyzed and included herewith as well as the statement of players, coaching staff
and third parties adequately addresses the allegations and supports each and every finding. If
there is additional information or if Dave Granucci changes his mind and decides to make
himself available for interview, I will be happy to follow up and reconsider that additional
evidence and the findings stated herein.
Please let me know if you would like to discuss the scope, course or findings of this
investigation, or if you have any questions.
Respectfully submitted,
SPINELLI | DONALD | NOTT

By _____________________
ROSS R. NOTT