Will the NCAA be consistent in their ruling against USC?

To punish USC because they are mad at football in general sets them up for a big fall. Remember the last time they tried to do something like this was UW and that didn’t go over well for them. If punishing one program big time is what they wanted to do, they would have with either OU or FSU. Those were clear cut cases, and they even said so with FSU. Makes me think they really are not out to make an example.

The Violations:
• Former men’s basketball coach Jim O’Brien, through then-assistant coach Paul Biancardi, provided a cash payment of approximately $6,700 to then-recruit Alex Radojevic.

• Kathleen Salyers had improper in-person contacts and impermissibly provided recruiting inducements to Radojevic.

• An individual (who became a booster after providing benefits) gave recruiting inducements and benefits to a former men’s basketball student-athlete, including meals, cash payments and living expenses.

• A booster provided a former men’s basketball student-athlete with impermissible academic assistance.

• O’Brien impermissibly provided Kathleen Salyers with two season tickets for four consecutive home men’s basketball seasons.

• O’Brien and Biancardi acted contrary to the principles of ethical conduct by failing to report their knowing involvement in NCAA rules violations relating to the above allegations.

• Both the institution and O’Brien failed to monitor the conduct and administration of the men’s basketball program.

• Ronald Erkis, a Columbus orthodontist, provided impermissible, cost-free or discounted services to several women’s basketball student-athletes.

• A booster provided an impermissible extra benefit to a football student-athlete (Troy Smith) in the form of a cash payment of $500 for work that allegedly was never performed.

Self-imposed Sanctions:
As a way to mitigate potential NCAA penalties, Ohio State officials decided to hold the men’s basketball team out of the postseason after the 2004-05 season despite a 20-12 record.

NCAA Sanctions:
Ohio State received three years of NCAA probation and was forced to take down its Final Four banner from Value City Arena and repay the NCAA around $800,000 it received for its NCAA tournament appearances while Savovic was on the team.

The NCAA could hammer USC and I have no doubt they will do their best to try and hit us hard, but if the punishment is disproportionate the NCAA will have a lawsuit on their hands, it is simple as that.

You mean basketball and football, right?

The NCAA could hammer USC and I have no doubt they will do their best to try and hit us hard, but if the punishment is disproportionate the NCAA will have a lawsuit on their hands, it is simple as that.

How long will that take? 10-15 years? How long was the Tarkanian case?

When they say probation what are they taking away or is it like if you do that one more time your grounded. Hell if I was USC I would already file for a lawsuit based on prejudice. There is noway they can put together a better law team than USC.

It is my understanding that there are agreements in place, and have been for quite some time, that- upon appealing of sanctions, member NCAA institutions have a manner of recourse outside the parameters of NCAA authority. I’m not quite sure whether it’s a convening of appropriate jurisdictional arbitration panels or mediation judges or whatever, but I’m pretty sure it doesn’t entail litigation through the federal courts unless it (the crime/misconduct, penalty, and sanction) go above and beyond the spirit of constitutional law- as it applies to commerce, industry, taxation, & federal organizational status. In other words, the institution must provide just cause, in extremely clear detail, in being mistreated unfairly by the NCAA and be quite specific in outlining exactly “what” laws were broken, not adhered to, or violated on a constitutional level (as it applies to the NCAA, it’s federal status as an organization- and how/what they are allowed to levy, sanciton, enforce in managing it’s members according to it’s charter and membership bylaws).

This is why there has only been a handful of lawsuits brought upon the NCAA, and of those handful, very little of them actually winning guilty verdicts against them.

Now in saying that, that’s not to say that on a state level- certain parts of our country have enacted and put into place certain civil codes of law “protecting” their citizens (read: colleges, students, etc.) which are designed to punish and discourage certain elements of society in putting it’s students and faculty at risk of violating NCAA codes and bylaws. After the Trepagnier case, California enacted laws that allow for universities and colleges to sue individuals (be it professional agents or runners) for enticing student/athletes into signing “client/agent” contracts or for simply making promises or providing money (thereby potentially ending said student/athletes “amateur status”, as it is written by the NCAA), or benefits in lieu of entering into a “professional client/agent” contract after the student/athlete leaves school. California, in essence, allows for universities and colleges to not only sue agents for any and all impropriety as it applies to the college student’s amateur status, but they can also sue for “loss of earnings” and legal costs the university had/has to bear in investigating, defending, appealing, and clearing themselves from alleged misconduct of NCAA bylaws.

To expect to litigate the NCAA an incredibly difficult endeavor. Their tax-exempt status and organizational structure allow it to hide behind a number of jurisdictional veils for the courts to purview. Our federal courts will only undertake such cases if the litigating party can prove they’ve operated outside their authority, malice of authority, and/or if they’ve over-stepped the boundaries to the extent that they’ve violated constitutional law via it’s membership agreements, bylaws, codes of conduct, and enforcement/adherence to it’s charter.

If USC gets the nuclear treatment, I’m not entirely in agreement they can or will litigate the NCAA over this. If USC provides with verifiable or irrefutable evidence that they did not, nor can be considered a guilty party to the aspects of these two investigations of Bush and Mayo, yet- the NCAA still decides to impose severe and unfair sanctions? Then USC will first have to go before the NCAA Appeals Panel. If USC is wise, they’ll appeal AND TRULY BRING OUT THE BIG GUNS of evidence and the totality of outside sources and related contacts to overturn a severe punishment. If the punishment and penalty imposed on USC is deemed appropriate, even though compelling evidence shows otherwise (meaning: if the NCAA, who is essentially judging itself in the appeals process)- I don’t think USC has a leg to stand on, as it pertains to litigating the NCAA in federal courts regarding the Bush/Mayo investigations. It will die there and USC will be assed out with nothing to show for it except the realization of spending all that tons of money trying to prove it’s innocence.

The NCAA process for justice is quite expensive in and of itself. Can you imagine what the costs would be at the federal court level. And besides that, the NCAA would really really be completely pissed-off at that point because then- as Bobo opined: the level of jurisdictional purview at that point is vast and practically global. But, that is not at the detriment of just USC, it is more importantly to the detriment of the NCAA. Because at that point, if the federal courts decide to take up the case- the federal courts will allow for the national charter that helped to enact and approve of the NCAA as an organization will be not only questioned, constitutionally- but their entire structure would be opened up like “Pandora’s Box”. Something not only the NCAA doesn’t want, but the BCS doesn’t either. The BCS is a financial extension of the NCAA, even though they are structurally seperate. If the NCAA is in violation of charter, status, or organization- that practically invalidates the entire power and authority of the BCS.

It’ll be a mess for all parties concerned.

For me, the NCAA is under a microscope- as it pertains to it’s organizational charter and tax-exempt status. It’s a conglomerate. A cartel, if you will. Everybody knows this, but hardly anyone is willing to take the chance in exposing it as one, legally. If they “reach” and go outside normal parameters of conclusion, sanction, and authority in penalizing USC, they will be welcomed and cheered for by the general public and media that loathes USC as a university and athletic program. But, yet the run the risk of having to defend their constitutional charter if USC elects to litigate them through the courts if they have compelling proof that they can present that would exonerate themselves from misconduct which they feel the NCAA overlooked or simply didn’t account for in determining their findings and judgements in this investigation. If the NCAA goes easy on USC, then I would agree with Boby- because USC PROVIDED CERTAIN PROOF AND COMPELLING evidence to contradict the allegations against them.

(read: you’re wrong Bobo! the NCAA doesn’t have to prove anything in determining fault and rendering judgement in penalizing USC. they can do whatever it is they wish to at any time they want under any circumstances whatsoever, as it applies to penalties and sanction placed upon member institutions. THEY ARE A CARTEL and are almost immune to legal recourse unless an institution has: the money, the evidence, the violations, and narrow and specific constitutional law on their side. )