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NCAA may add MORE sanctions if Memphis wins appeal


This article appear in this mornings Commercial Appeal:

http://www.commercialappeal.com/news/2009/dec/02/ncaa-rethinks-penalties/

If there was any doubt that the NCAA was un-American, then this proves it. Essentially, the NCAA is saying it let Memphis off easy by only requiring it to vacate past wins.  However, the NCAA goes on to say that should Memphis win the appeal, it might consider forward looking punishment - ie, loss of scholarships and loss of post season play.

All I can say is:  Wow, just wow.....



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OMG

The lawyers(?) for the NCAA make Hitler, Mussolini and Mao blush. I’m stunned. Totally.

by hoboat33 on Dec 2, 2009 9:19 PM EST reply actions  

I saw

this last night and you know I have been one that doesn’t blame the NCAA for being harsh on Memphis but that is just plain blackmail.

Kentucky bretheren united once again! Thanks Cal!

by tenken on Dec 2, 2009 11:36 PM EST reply actions  

That's ...

… a very poor process, if the Enforcement Division actually follows through.

We generally consider appeals to be the final word in any proceeding. Sometimes those appeals result in further proceedings, but only at the express direction of the appellate authority.

The idea that what is effectively a prosecutor could go back and revisit the punishment after the appeal means the appeal process is essentially meaningless, and is a deliberate attempt by the enforcement division to chill appeals of its rulings.

This is intolerable, and should be rejected by the NCAA executive committee as an allowable action by the Enforcement Division. If the Enforcement Division does not think that the school has cooperated sufficiently during the investigation, they have the authority to increase the penalties at that point. The school is not required to be contrite, or to kowtow to the enforcement division in any way, merely to cooperate fully and accept responsibility for the shortcomings found for which there is no dispute between the school and the Enforcement Division.

The idea that an appeal of sanctions is part of the overall case that allows the Enforcement Division a second bite at the apple, i.e. to literally punish the offender for appealing, is a violation of the principles of jurisprudence. Even though these principles don’t apply to non-legal proceedings like NCAA investigations, they are part and parcel of the American ideal of a fair process.

The NCAA’s process, as described by this article is unfair, and hence, unethical. Furthermore, to my knowledge, it has never been done in the history of NCAA sanctions, which makes it unprecedented.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Dec 3, 2009 7:14 AM EST reply actions  

Slight modification...
We generally consider appeals to be the final word in any proceeding. Sometimes those appeals result in further proceedings, but only at the express direction of the appellate authority.

That sentence isn’t exactly right. Proceedings may be re-initiated if the judgment itself is overturned (without prejudice), but not the punishment.

So I suppose if the charges are completely thrown out, those charges could be revisited. But if the punishment is merely revised, then I would argue that should be the end of it.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Dec 3, 2009 7:18 AM EST up reply actions  

Another point

The committee vacating games subsequent to Rose’s brother’s unreimbursed travel is a legitimate reason to vacate games on and after that date if, in fact, that was not the result of an administrative oversight.

Proof that it was an administrative oversight is strictly on Memphis. If they can’t prove it was, I do think it is fair and reasonable for the Committee on Enforcement to find that an extra benefit was given to a family member, and that all games thereafter in which Rose participated should be forfeited, which is most of them, including the Final Four.

So even if Memphis wins on the Rose ineligibility ruling (which it should), it has a lot of work to do overcoming the extra benefits ruling.

A Sea of Blue -- Kentucky Sports for the Discerning Fan

by Glenn Logan on Dec 3, 2009 7:30 AM EST reply actions  

silver lining....

the more i have pondered the ncaa’s apparent obsession to punish memphis, i have got to believe that if there were ANY way at all they could remotely justify (and i should emphasis remotely) punishing Cal in the UMass or UMem case, it is clear they would… my point being that the ncaa would use the “smoke” to imply there is a fire – if they could. therefore, those condeming Cal with a “where there’s smoke there is fire” argument are even weaker now to make such an argument than they have been in the past…

using “fair and reasonable” in the same sentence with “Committee on Enforcement” might be pushing it…… :)

only one rule in my house - uk has to be your favorite college bball team

by memphis wildcat on Dec 3, 2009 9:41 AM EST up reply actions  

Like I said before

if brains were worth 50k each, the entire NCAA infrastructure couldnt scrape up a dollar between themselves. This is clearly not only unethical, but absolutely outside the parameters which the NCAA should operate in. Their excuse of Memphis being a repeat offender, because no one associated with the program at this time was even around when their last violation happened. It’s like they are just dredging that crap back up to make a statement to all the other schools. Someone has got to step in and stop this before it becomes an embarrassment to college sports as a whole. No one advocates cheating to win, and they shouldnt. But the NCAA has completely gone off the deep end if they pull this one off.

Remember, we're having fun now!!!

by ALLBLUCAT on Dec 3, 2009 8:13 AM EST reply actions  

Sounds

like the actions of an entity about to lose total control.

by kywineman on Dec 3, 2009 9:15 PM EST up reply actions  

Wow

Seriously…..speachless

First time I shot her, shot her in the side.
Hard to watch her suffer, but with the second shot she died...

by btcoop71 on Dec 3, 2009 9:21 AM EST reply actions  

The NCAA has

become judge, jury and executioner and for too long has done pretty much whatever they want in any situation. They have no oversight in any real practical sense.

In this case they’re obviously blackmailing Memphis to accept their initial ruling or suffer the consequences. What’s the over/under on them drilling Memphis is the appeal overturned the initial decision?

It’s sad for Memphis but also for UK because Coach Cal’s critics don’t seem too worried about fairness and due process. Who could blame Memphis if they just accepted their lumps in order to get on with rebuilding their program? A loss of scholarships would REALLY hurt a new coach trying to keep things going.

While many don’t like politics…….does anyone doubt that Congress’s “meddling” with Major League Baseball caused them to create the currect drug policy?

While it’s not a perfect solution, a Congressional investigation into the NCAA and it’s oversight of college sports might change things in a positive way…..maybe even a bowl playoff??:-)

by UKlvrJM on Dec 3, 2009 12:29 PM EST reply actions  

Put someone in charge of the NCAA that has a true love of collegiate athletics and athletes

and get them to go back to trying to protect those kids and quit trying to make headlines.

Remember, we're having fun now!!!

by ALLBLUCAT on Dec 3, 2009 2:29 PM EST up reply actions  

I don't agree with the NCAA on this

but…………… they are trying to make things fair for each and every school. The whole AAU stuff, agents, buying players etc has to stop. They are trying to tell schools that education comes first. I don’t begrudge them for this.

Kentucky bretheren united once again! Thanks Cal!

by tenken on Dec 3, 2009 4:13 PM EST reply actions  

Then make them prove wrongdoing.......if they are going to

use summary judgement, blackmail, and any other strong arm tactic they want, then they are worse than anyone they might…….MIGHT catch with any wrongdoing.

Remember, we're having fun now!!!

by ALLBLUCAT on Dec 3, 2009 7:15 PM EST up reply actions  

For the

best talented players, education first is a dead concept. If the NCAA wants to make education first then they have join the real world. Allow the professional teams to draft the rights to underclassmen and allow them to finish their education.

by kywineman on Dec 3, 2009 9:19 PM EST up reply actions  

Interesting concept...

Somebody help me out here… How does the MLB handle this?? If they draft a kid out of high school and the kid decides to go to college, does the MLB team still retains the rights to him for professional ball after college or is the draft process re-started?? Thanks!

If your wings don't sweep....

by EagleTDL on Dec 4, 2009 9:13 AM EST up reply actions  

It's all about the $$$$.....

Education isn’t want drives the NCAA. It is revenue. The NBA and the NCAA don’t want to lose there “one-n-dones” because it would cost them both money. If the NCAA didn’t have this rule, the NBA would be signing $1million dollar contracts for guys like Samuels at UofL (who is a bum) and good old Randolph Morris ( who had the talent, but a bum). The NBA teams would stand to lose millions every year on players who in the end could make the jump from the high school to the next level. The NCAA would be missing out on the hype of guys like Wall. It is one year for them to milk these players for all that they are worth while the players themselves still can’t earn a dime.

I don’t mind anyone trying to make money, but call a spade a spade. The NCAA could give a D*** about education.

by UKlvrBM on Dec 4, 2009 10:14 AM EST up reply actions  

exactly.....the NCAA is the most self-serving, backward thinking

group of con artists in history. They should be in politics, not athletics.

Remember, we're having fun now!!!

by ALLBLUCAT on Dec 5, 2009 6:50 AM EST up reply actions  

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