"It's the university's belief that it is a clear (NCAA) violation," Andy Geiger said, referring to O'Brien's loan to recruit Aleksandar Radojevic, a 7-foot-3 prospect from Serbia. "The conduct that concerned us the most as we reviewed this case was the cover-up."

O'Brien is suing Ohio State in the Ohio Court of Claims for $3.5 million in back pay and benefits, contending the university was wrong when it fired him on June 8, 2004. The judgment could grow by millions if interest and other damages are awarded.

O'Brien testified Monday that the loan was not a NCAA violation because he knew Radojevic already lost his amateur status by playing professionally.

He gave his own money to Radojevic because his father was dying and the family had no money for medicine or the funeral, he said. He waited to reveal the loan because he said no one would believe he did it for humanitarian reasons.

But Geiger said, "We had such a strong relationship, I would have expected him to share with me that he had given money to a prospective student-athlete."