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Thread: NCAA Mess

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    NCAA Mess

    I wanted to break this off of the College Football thread.

    There are a lot of storm clouds on the horizon for the NCAA.

    First is miami. What they did was ALMOST a criminal act. It is going to get the lawyer who they paid disbarred, and should get any lawyer in the NCAA with contact on this disbarred.

    Also,

    The NCAA has fired the lead investigator in the eligibility probe of UCLA's Shabazz Muhammad, CBSSports.com reported Thursday.

    More On UCLA

    For the latest news on UCLA, check out ESPN Los Angeles' blog on the Bruins. Blog

    Abigail Grantstein is no longer with the NCAA, a source told ESPN.com.

    The move comes a month after a woman told the Los Angeles Times she heard Grantstein's boyfriend loudly discussing the case on an airplane.

    UCLA appealed and Muhammad was cleared to play for UCLA shortly after the newspaper's report.

    Muhammad orginally had been ruled ineligible and sat out three games while the NCAA investigated impermissible benefits he was deemed to have accepted. Those games were later deemed to serve as his suspension following UCLA's appeal. His family also had to pay back about $1,600.

    The NCAA has not commented on the reports.

    Want to guess who was heading the Miami probe? Go ahead...guess.


    The details about Miami

    As CBSSports.com reported in September, the NCAA came to South Florida on Dec. 19, 2011 -- the day that former Miami assistant equipment man Sean Allen testified after having been subpoenaed in Shapiro's federal bankruptcy case. Allen told CBS that he spotted NCAA investigator Ameen Najjar in the room. Allen requested that Najjar be removed from the room. The NCAA investigator was told to leave, but clearly Najjar and the NCAA had been working with Shapiro's attorney.

    Allen was not only grilled, under oath, about his involvement with Shapiro but also the current Hurricanes coaching staff as it related to the part-time equipment man operating as a recruiter for UM football, making improper contact with local prospects.


    "They wanted to find out what a lot of those canceled checks were for," Allen told me. "Most of the times I couldn't answer it. After that, it got into asking a lot about if Nevin did confer benefits on people. Technically, I guess that does have to do with the bankruptcy to find out where all of his money went, but it got so minute about some of these $100 dinners."


    Allen said it really didn't sink in that he had just become a star witness for the NCAA until he walked out of the room. "They [the NCAA] got my deposition before I did. It was leaked to the [Miami] New Times. Both UM and Nevin's attorney blamed each other for that."


    And then there is Todd McNair

    http://aol.sportingnews.com/ncaa-foo...malicious-ncaa

    A defamation case is HARD to win for a public figure. NCAA did some bad stuff. When the case is unsealed, it's going to look bad. Arbitrary, capricious, and vindictive. The NCAA wanted to hang something on Bush, but he was in the NFL and they couldn't get to USC unless a coach knew about it, so they invented one.

    And there is the wonderful ruling on the Sugar Bowl.

    And of course, Penn State. The state is litigating that one as we speak, in a Pennsylvania court.

    And Ed Obanyon marches on.


    The NCAA has a serious chance to take some real damage, but probably not.

    The public is wildly looking for someone to take charge of College Football, but no one wants to. The Conferences don't want to seed the power and themoney, and don't wish to take the responsibility.

    And if the NCAA tries to grab more power, the Big 4/5 will yank March Madness Billions away from the NCAA.

    And the students are employees without Labor Law and no hopes to get it, under the NCAA.


    And now, the NCAA wants to go toe to toe with Phil Knight.

    Going to be interesting.....

  2. #2
    And the students are employees without Labor Law and no hopes to get it, under the NCAA.
    This is something I've discussed with many sports law professors. The issue here isn't that the NCAA is doing anything active to squash this, it's the interpretation of the law by the courts. The courts found that under employment/labor laws, a college's two main purposes were A) Education and B) research. Sports are not vital to everyday operations and thus the schools are not obligated to pay the student athletes a salary.
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    The only hope for redress for players is either (a) they organize or (b) public pressure forces university presidents to do the right thing. Organizing a bunch old 18 year-olds who never see each other, don't know each other and who are competing against each other is almost impossible. So that leaves (b).

    I said in the other thread, power without accountability leads to problems. Nominally the NCAA is controlled by its 1,281 member institutions. Practically, university presidents have other things to do than run the NCAA. So in effect the NCAA's bureaucracy allows Emmert to rule ungoverned.

    You know whom outsiders tabbed as an early favorite when Emmert got the job? Graham Spanier. Expecting integrity out of this bunch is a bit of a laugh.

    Some kind of top-to-bottom reform of the NCAA is badly needed. Emmert claims to have addressed problems by doing some reorganization. He hasn't, obviously. The problem is getting 1,281 fat and happy, insulated university presidents to feel any sense of urgency about changing the institution. The inertia in that outfit is staggering.

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    ps I forgot about Ed O'Bannon.

    Nothing gets people's attention like money. When O'Bannon finally wins his case, the financial hit to the NCAA could be staggering. That might be the cattle prod which rouses stupefied presidents into reform.

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    Quote Originally Posted by packa7x View Post
    This is something I've discussed with many sports law professors. The issue here isn't that the NCAA is doing anything active to squash this, it's the interpretation of the law by the courts. The courts found that under employment/labor laws, a college's two main purposes were A) Education and B) research. Sports are not vital to everyday operations and thus the schools are not obligated to pay the student athletes a salary.
    All the cases came 40 years ago.

    Problem is that you aren't a willing litigant until the NFL has passed you by, and by then your damages are trivial.

    However concussion liability might be able to attack the NCAA and BCS Conferences, most schools are immune due to some legal reasons that I can't recall right now. The NCAA and Conferences might not be.

    Here is a history of NCAA cases

    http://law.uoregon.edu/org/olrold/ar...6/lazaroff.pdf
    Last edited by darvon; 01-26-2013 at 12:12 AM.

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    Quote Originally Posted by darvon View Post
    All the cases came 40 years ago.
    If that's so, then I can't imagine a court today looking at these two charts and not asking some questions about a university's main purpose.













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    Here is an interesting blast from the past.




    Standing Up to the N.C.A.A.
    By JOE NOCERA
    Published: March 23, 2012 81 Comments


    Over the past few months, I have used this column to explore the various injustices perpetrated by the N.C.A.A. I have written about the way it terrorizes the parents of athletes it is investigating — athletes, I should note, who are invariably suspended before they are even told the charges against them. I have questioned the N.C.A.A.’s lack of due process and its indifference to the most rudimentary concepts of fairness. I have pointed out that its rules enforcing amateurism discriminate against black athletes from disadvantaged backgrounds.


    And I have wondered, more than once, how an organization as powerful as the N.C.A.A. can deprive one group of students — “student-athletes,” as the N.C.A.A. insists on calling them — of rights that every other university student, and for that matter, every other American, assumes are his as a matter of course.

    Part of the answer, for sure, is institutional arrogance. But it’s also rooted in court rulings. In a 1988 case, N.C.A.A. vs. Tarkanian (yes, that’s Jerry Tarkanian, the infamous former University of Nevada at Las Vegas coach), the Supreme Court ruled that the N.C.A.A. was not a “state actor.” A state actor is a legal term for any institution that acts as an arm of the government — and is, therefore, subject to constitutional mandates like due process. Since then, the N.C.A.A. has waved the “we’re-not-a-state-actor” flag whenever it’s been sued for violating someone’s rights. Since it’s not a state actor, it argues, its members have no constitutional rights.

    Which is why I’ve become intrigued by an obscure court case that is slowly wending its way to trial. Once again, the N.C.A.A. is being sued by a coach, though one not nearly as well-known as Tarkanian. Tim Cohane, the head basketball coach at the State University of New York at Buffalo, was forced to resign in late 1999 after he was alleged to have violated N.C.A.A. rules. (The main violation, usually considered extremely minor, was that he had observed potential recruits play pickup basketball in the university gym.) The school apparently wanted to fire Cohane, even though he had recently gotten a new contract. The easiest way to push him out was to gin up some infractions. The N.C.A.A., it appears, was only too happy to go along.

    In the spring of 2001, the N.C.A.A. issued its report — based largely on a joint investigation with the university and its conference, the Mid-American Conference — describing Cohane’s behavior as “unethical,” and issuing a “show cause” order, meaning that any school that wanted to hire him had to “show cause” why it should be allowed to do so. For a college coach, this is the kiss of death.

    Cohane, who had coached for 25 years without running afoul of the rules — and who denies doing anything improper — sued, charging that he had been defamed by the N.C.A.A. and that his rights had been violated. It was only when he and his lawyer, Sean O’Leary, began to dig into what had happened that they found the real improprieties — the ones committed by the investigators.

    The most egregious was that SUNY-Buffalo officials had threatened to strip the school’s basketball players of their eligibility unless they implicated Cohane. Graduating seniors, whose eligibility had expired, were told that they wouldn’t graduate if they didn’t point the finger at Cohane. The N.C.A.A. knew that players were being coerced to lie — and did nothing to stop it. Indeed, those lies became part of its report. Years later, a number of players submitted affidavits as part of the Cohane lawsuit, saying they had never seen their former coach do anything wrong but had been pressured to implicate him.

    Naturally, the N.C.A.A. responded by trying to get the case tossed out on the grounds that it was not a state actor. The trial judge agreed. But, in 2007, the appeals court overruled that decision and said that because the N.C.A.A. had acted in concert with the university — which, as a state-run school, is undeniably a state actor — it, too, could be considered a state actor. The N.C.A.A. then appealed to the Supreme Court, to no avail.

    Five years later, the case is still awaiting a trial date. Cohane, who was 58 when he left SUNY-Buffalo, is now close to 70. It could be another five years before the case is over, but he has no intention of settling. “I want to make sure this doesn’t happen to others,” he told me.

    “It has been an incredible fight,” said O’Leary, his lawyer. “But once the N.C.A.A. enforcement process is exposed at trial, people will be outraged.”

    I hope that happens; the appalling tactics of N.C.A.A. investigators have long remained hidden away, in secret files the general public never gets to see. They deserve a public airing. But that’s not the real significance of the Cohane case.

    The real significance is that if Cohane wins, the law itself might finally force the N.C.A.A. to change its ways. Because, at long last, it would be labeled the state actor it has always been.
    Looks like shady investigatory practices have been around awhile....

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    Oh, and in the Miami articles, we keep seeing that the NCAA General Counsel warned the investigators twice to not do this (but somehow they did it anyway, without his vigilence).

    You wanna know who the NCAA General Counsel is???

    http://www.cbssports.com/columns/sto...s-for-the-ncaa

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    Quote Originally Posted by darvon View Post
    Here is an interesting blast from the past.
    Looks like shady investigatory practices have been around awhile....
    Wow. That kind of stuff makes my blood boil.

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    And.to add to the mess that is the current situation regarding Miami, we now have this:

    http://m.si.com/1272464/ncaa-rule-ch...haos/3d2d4b63/

    To sum it up, instead of enforcing the recruiting violation rules, emmert and the NCAA just said "to hell with it, we can't police it, so let's launch the rule".

    Are you kidding me?? So now any member of the staff can text, call, Twitter, Facebook any player who's in his junior year as much as they want? Send them all the literature they want? Hire a recruiting staff if they want???

    My God, these young men are going to have a horrific final 2 years of high school. How they're going to have time to focus on school and actually playing football between the metric crapload of texts they're about to get I have no idea.. and the rich just got richer. They can hire recruiting staffs, and churn out awesome literature to send.

    {Great idea emmert} {this will make NCAA football so much better, and level the playing field in recruiting}

    Sad to say, but I'm glad I'm not a college football fan (just a casual observer). If I was a fan the summation of the messes emmert has been at the epicenter of would make me swear off being a fan.

    The seams are near bursting on the festering turd that is the NCAA. Too much internet news and social networking happening for their ages old good ol' boys network way of conducting business to keep being viable.

    Wide sweeping changes are coming.. and I don't mean a 4 team playoff...
    "If I could start my life all over again, I would be a professional football player, and you damn well better believe I would be a Pittsburgh Steeler." Jack Lambert, 1990 HoF Introduction.

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