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The NCAA Bedazzles Us With Petulance, Beclowns Itself With Pedantics

(via frotzed2)

[Editor's note:  A Sea of Blue member TeamWeaver posted a similar FanPost that I had not seen until after I put this up.  If you have not read his comments, check them out at the link just above.  Great minds ...]

Petulance is a human characteristic that crops into the most noble of professions, and the most noble of men. With that in mind, never let it be said that the NCAA cannot whine with the best of them, as they proved in their now-infamous letter to Kentucky complaining about the short celebration of 500th victory on the basketball court.

First of all, let me say that I understand the NCAA has a tough job, and despite the proclamations of many, I think they try very hard to do a good job.  Sometimes, they succeed, and sometimes they fail. Very often, the NCAA decisions are inconsistent at best, incomprehensible at worst.  The letter from the current Committee on Infractions chairman, Dennis Thomas, contains evidence of all these things.

Despite this, A Sea of Blue has and will continue to defend the NCAA when they are right, or when the complaints about them fail to comport with either reality or reason.  At the same time, we will not look the other way when they make silly, unfounded comments or just temporarily lose their minds in a fit of pique.

To wit:  The NCAA Committee on Infractions wrote a 5-page, single-spaced letter to Sandy Bell in response to her response to their inquiry containing several risible and fact-challenged comments.  The first is this one, where Bell wrote, in relevant part:

Our only intention was to recognize the fact that, during his career, Coach John Calipari had indeed led his teams to 500 victories on the court.  Regardless of how the 42 victories are statistically noted, they did in fact occur.

Star-divide

The NCAA response was ... interesting:

Ms. Bell ignores the fact that these wins were gained with the use of ineligible student-athletes.

No, she didn't ignore that.  She clearly recognized the wins as being vacated, but also asked the NCAA to realize that they cannot undo history.  The NCAA then goes into an arcane diatribe about why these student-athletes were ineligible, as though the facts were unknown to Bell.  Leaving aside the pedantic absurdity of this run-on paragraph, the screed included this sentence:

In the Memphis case, the involved student-athlete's college entrance score was invalidated due to fraud detected by the ETS.

This is facially wrong.  The entrance exam was never determined to be fraudulent by ETS, it was merely suspected of being fraudulent.  When the student-athlete in question (determined to be Derrick Rose) did not respond to their requests to clarify the matter, the ETS still did not declare the exam fraudulent.  They canceled it in accordance with their procedures.  That's not the same thing as a finding of fraud, and the ETS did not report to the NCAA that the test was fraudulent.

Now, let's be honest here -- you and I know that the evidence is sufficient for a man on the street to conclude that Rose committed academic fraud.  But the NCAA, and Mr. Thomas, is not the man on the street.  They must carefully avoid stating things as fact that they cannot support as fact.  There is a reason that the NCAA did not find Rose guilty of fraud, and that reason is that they could not prove it to their satisfaction.

The NCAA Committee on Infractions hearing the Memphis case was careful to say that they did not need to reach the question of unethical conduct by the "student-athlete in question," the only justification for which would have been academic fraud.  Mr. Thomas, despite serving on that same committee and presumably helping to write the report, apparently forgot this.

Thomas goes on to berate Bell for dismissing the vacation of wins as a "statistical note."  Bell was clearly referring to the presentation of data, not to the validity of the COI's actions.  If you check UK's website, you will find that the records include the vacated wins, with a note at the bottom that indicates the vacated wins, which is apparently acceptable to the NCAA.  It was this process to which Ms. Bell was referring, but Mr. Thomas decided to ignore her meaning and rephrase her comment in a way that deserved the mighty, damning, Extremely Troubling™ moniker.

Thomas then takes issue with Bell's understanding of NCAA statistical staff member Gary Johnson's response, "You can say he [Calipari] has 1,000 wins if you want, but if you want to agree with what his official record is, then you have to account for those vacates."  Thomas doesn't just disagree with Bell, he pulls out the scare quotes and gets downright nasty:

The committee disagrees with Ms. Bell's "interpretation" of the instruction received from the NCAA statistical staff.  Recognizing Mr. Calipari for a fictitious 500th win does not properly "account" for the vacation of wins in Mr. Calipari's career record. [my emphasis]

Well, pardon us, dear sir, for daring to take an ambiguous response and interpret it advantageously.  The fact is, the "vacates" were accounted for in every way that matters in the media, at the explicit direction of DeWayne Peevy, the UK associate athletics director for media relations.  It seems here that Mr. Thomas is determined to undo reality and create his own version of the facts.

You can almost see him there in Indianapolis, as if cast in the role of Seti I of Egypt, with his scepter pointing out to all has he pronounces this doom:

"Let the name of "Calipari" be stricken from every book and tablet.  Stricken from every pylon and obelisk of the NCAA.  Let the name of "Calipari" be unheard and unspoken, erased from the memory of man, for all time."

By the way, how did that work out for Old Seti, anyway?

Additionally, the use of the word "fictitious" in this paragraph literally drips with scorn, almost to the point of apoplexy -- you can effortlessly envision the spittle flying if he were speaking it.  One could be forgiven for getting the idea that Mr. Thomas does not like Coach Calipari very much, especially when combined with his prior inaccurate and pejorative characterization of the Memphis penalties.

Bell then wrote this as part of a paragraph explaining Calipari's concerns:

My coach has an understandable concern that he is being singled out by the NCAA.

Mr. Thomas haughtily lectures Ms. Bell at absurd length, including this remarkable passage:

The committee rejects out of hand any notion that it selectively punishes individuals or certain institutions, for that matter.  For a veteran administrator at a major Division I institution to agree with a coach that he is somehow being "picked on" by the association is, again, very troubling to the committee.

Mr. Thomas' love of adjective-prefaced "troublings" is ... troubling.  But seriously, Bell did not agree with Calipari -- she said Calipari's feelings were "understandable," and that is patently not the same thing as agreeing with him.  I understand Calipari's defensiveness, too, but I do not agree with it.  So what Mr. Thomas is apparently "very trouble[d]" about is little more than empathy for a fellow-employee.  Hard-hearted man, this Mr. Dennis Thomas.

Finally, the Big One -- the Great Whine we hear from the NCAA all the time.  In response to Bell's concern that the NCAA has ignored a number of other coaches' usage of their vacated victories in official records (which also happens to be used to support Calipari's claim that he is being singled out), Thomas waxes petulant:

The committee's staff does not have the manpower or the time to retroactively review all instances of vacation made during the 60-year history of the NCAA enforcement program.  However, if the COI receives any information that an institution is not complying with a penalty, such as in the instant case involving Kentucky, it will take action.

Thomas opens up that rhetorical bottle, and out pops the big, ugly, unfriendly djinnRush The Court details several such cases, including some very obvious and high-profile ones, the very next day.  How the NCAA cannot afford an hour or two researching such issues and spend at least that much time writing a five-page single-spaced letter full of excessive pedantry by any reasonable measure is, well, anyone's guess.

Mr. Thomas, your wish has been granted.  We will be watching.  Closely.

Comment 19 comments  |  1 recs  | 

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Tru, There's no reason to be bedazzled with the NCAA's flatulence

We all know the NCAA is full of hot air. Excellent piece. I couldn’t have said it better. Oh, I see now. You wrote the “NCAA bedazzles us with petulance”, not flatulence. Never mind.

by chicagoblues on Jun 18, 2011 11:22 AM EDT reply actions  

I am confused about something..

From the first and second NCAA letters. there was some concern about the timing of Peevy’s phone call to check if the after game celebration was okay. I believe it was during the game that the call was made? But I have read other articles stating that UK contacted the NCAA well before the game.

Anyway I can get some clarification?

by Cameron1 on Jun 18, 2011 11:36 AM EDT reply actions  

It will not suffice

for the NCAA COI to simply respond to the tsunami of information being sent them by the media and concerned fans about other institutions that have or are currently engaged in the “extremely troubling” practice of failing to properly acknowledge vacated wins and titles. The COI must give the same amount of attention and admonition to the other institutions and coaches or prove Coach Cal’s point. The spotlight is on their actions.

I woke up feeling BLUE this morning. It's gonna be a great day.

by kywineman on Jun 18, 2011 12:58 PM EDT reply actions  

Very excellent points Glenn

But I think I’m just going to start chalking all these kinds of things up to Cal’s Devious Master Plan To Keep Kentucky And Calipari In The News At All Times During The Whole Year (CDMPTKKACITNAATDTWY).

3 > 2, except for very large values of 2.

by JLeverenz on Jun 18, 2011 4:08 PM EDT reply actions  

Haha!

Nice comment!

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

by Glenn Logan on Jun 18, 2011 7:40 PM EDT up reply actions  

Rec'd

Logic and reasoning seem to be wasted on the NCAA. It’s really hard to believe that these COI members are among our “best and brightest”

"SPORTS"--Not interested----"CATS"--Pull up a chair,I've got all night.

by kydamcat on Jun 19, 2011 8:15 AM EDT up reply actions  

Separate the wheat from the chaff.

There are enough things going on in this story that it’s easy to lose sight of the fact that Mr. Thomas’ main premise is absolutely correct. His method is laughable, he misstates a couple of things, but his message is the right one: Illegitimate wins are nothing to celebrate. As Mr. Thomas acknowledges, those wins did in fact occur, but it’s misleading to leave it at that. We must qualify that statement with a critical piece of information: They occurred unfairly, through the use of ineligible players who gave their teams a competitive advantage. They occurred outside the rules of the sport.

Why this is such a difficult thing for fans to accept – Calipari certainly isn’t arguing the point – I don’t understand. “It’s fine for the NCAA to insist that vacated wins be removed from coach’s records and that schools only honor coaches based on their NCAA-approved records.” Absolutely. (What other records are there?)

The problem here, as I see it, enters with this next sentence: “It is not fine for the NCAA to act like the coaches did not in fact win those games.” This is a popular argument. It’s a refrain of Sandy Bell’s statement: “Regardless of how the 42 victories are statistically noted, they did in fact occur.”

Regardless? But Sandy, that’s exactly the point. You cannot disregard how those victories occurred. Whenever you say the victories did in fact occur, think about what you are purposefully not saying. It’s really quite important. The 500 mark is fictitious because it ignores circumstances. It places those victories out of context. It pretends that a win is a win regardless of how it was achieved. The 442 mark, the official mark, sets the record straight. If it rewrites history, it does so only to correct it.

I don’t understand why this is such a contentious issue. Yes, a 5-page single-spaced letter is ridiculous, and Mr. Thomas made a couple of indefensible statements. That’s fair game. But those are only incidental matters. Don’t let them obscure the central point.

I recently read an interesting comment elsewhere about Ben Johnson, who broke the world record at 100 meters in the 1988 Olympics, but who did so doped up on performance-enhancing drugs. I saw it. It happened. The man actually ran that fast. But who the hell defends it, celebrates it or even cares to recognize it? No one. And rightly so. Because circumstances matter, and the rules should mean something.

by Wheatgerm on Jun 20, 2011 11:46 AM EDT up reply actions  

The difference between not happening and not counting

I do not think we are far apart on this issue. In a perfect world, UK would not have celebrated Cal’s 500th win because it was not officially his 500th win. I’m not saying that vacating wins is a good punishment, but given that the NCAA uses it, NCAA member institutions should use those records when determining career milestones (it gets trickier if you are in the position of WKU or UMASS and the vacated wins in question are the pinnacle of your program).

Where we will not agree is that the 500 number is fictitious. Perhaps changing the language will help explain my view. Coach Cal has won 500 games. Coach Cal does not have 500 wins, the NCAA official statistic. I agree with you that the reason the NCAA has vacated some of Cal’s wins is because it feels they were ill-gotten and that the 442 number exists due only to the NCAA’s pursuit of fairness. Sometimes, however, the pursuit of fairness causes a decision-maker to willfully ignore reality and substitute a fiction that results in a more fair outcome. That’s what the NCAA has done here.

Legal Example Of What I’m Talking About That May Only Serve To Confuse People

In personal injury cases, a person can be 100% the cause of someone else’s injury and not be required to pay damages because it would not be fair to do so. The law does this through the proximate cause requirement, which basically requires foreseeability. The classic example is if a person pushes someone boarding a train who consequently drops a package of fireworks, which the explodes and injures someone on the other side of the train station, the person who pushed does not have to pay for the injuries suffered as a consequence of the exploding fireworks. It’s not fair to hold “the pusher” responsible for the fireworks injuries because no one would have expected those injuries to occur as a result of pushing someone.

So “the pusher” caused the victim’s injuries in fact. Without the pusher’s push the fireworks would not have hit the victim. Nonetheless, the pusher is deemed to not be the legal cause of the injuries. What the NCAA is doing with UK is like a court saying the push didn’t happen. That’s not right. The push happened, it just doesn’t count. Not happening and not counting are two different things and the NCAA’s use of “fictitious” indicates that it has them confused.*

I’ll summary visually. It’s the difference between:
500 442
and
442

*like I’ve probably confused everyone who reads this by attempting to explain proximate cause on the fly.

by KDH2011 on Jun 20, 2011 1:15 PM EDT up reply actions  

briefly

I recognize I’m not using the correct number of NCAA approved wins for Cal as of the celebration, but that doesn’t change the overall point.

Also, believe or not, in the real train station example, the fireworks actually explode and hit a scale, which then falls onto the ultimate victim (Mrs. Palsgraf). I thought my narrative thread was already tenuous enough that I left that part out. Wiki all about it at the following link if you are a glutton for punishment:

http://en.wikipedia.org/wiki/Palsgraf_v._Long_Island_Railroad_Co.

by KDH2011 on Jun 20, 2011 1:20 PM EDT up reply actions  

I have a couple of questions.

When Mr. Thomas says if the COI receives any information that an insitution is not complying with a penalty, it will take action, isn’t he responding to information by Sandi Bell about other insitutions not complying with a penaly? Shouldn’t he be taking action? I mean, if you are going to listen to a rival fan complain about UK celebrating Cal’s 500th win, wouldn’t you listen to someone of Sandi Bell’s stature?

Now I would think that this proves the NCAA does in fact have it out for Cal. Maybe not UK, but they do have it out for Cal.

by ScottWalls on Jun 19, 2011 2:02 AM EDT reply actions  

Man I can't spell

Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution, Institution.

Ok, hopefully that helps.

by ScottWalls on Jun 19, 2011 2:04 AM EDT reply actions  

You know what I think about the NCAA.

This whole thing just cements my opinion further. Does anyone really believe they are trying their hardest to treat UK fairly? That there is nothing that the NCAA staff controls – that it is all thrust upon them by the schools and they have to do what they do, and only what they do?

The SCHOOLS need to eliminate the current NCAA organization and start over. Completely. Every last one of them.

Kentucky Basketball - The Reason for Living

by GriffinRC on Jun 19, 2011 9:56 AM EDT reply actions  

It also needs to be moved

There are many people in Indiana who don’t like UK because of the rivalry. You add the higher ups who have vendettas against us and the vitriol and vendettas spiral out of control. The atmosphere – I am sure – allows this because of the people. So UK gets a bad deal? So what, they are UK so they deserve it. We hate those guys, anyway. That’s what many of them secretly think in my opinion. You see that come out in these letters – Thomas let his guard down.

Kentucky Basketball - The Reason for Living

by GriffinRC on Jun 19, 2011 10:04 AM EDT up reply actions  

I'll say it again

let the top 50 or so biggest programs quit the NCAA and have a commissioner to settle problems like every other professional sport does.

God Bless Our Troops............Especially Our Snipers!

by bigbill992001 on Jun 19, 2011 10:08 AM EDT up reply actions  

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