Focusing On "Institutional Control" (Or Lack There Of)
Let's get back to the latest bomb shell scandal out of Troy because this will be the story of the day (if not of the week) in the entire sports world. The story is big enough that even the LA Times had to dive in and do some actual reporting (even though their headline with a question mark is kind of hilarious). Still the article provides this picture of a classic Trojan (alleged?) handoff:
The Beverly Hills meeting between Guillory and Floyd went this way, according to Johnson and his attorneys -- who said Johnson told the same thing to two NCAA investigators in the presence of USC attorneys last week:
Guillory was driving an Infiniti sport utility vehicle when he arrived at Johnson's Long Beach home saying that he needed to meet Floyd to "pick up a grand" for a trip to Las Vegas during the NBA's All-Star weekend. Floyd and Guillory exchanged cellphone calls arranging their meeting at a café adjacent to Rodeo Drive. Guillory drove to the location, but once there Johnson took the wheel, saying hello to Floyd before he switched over to the driver's seat and circled the block for 10 to 15 minutes after watching the pair enter a café.
Finally, Guillory appeared alone on a street corner, entering the vehicle and pulling out an envelope full of $100 bills.
"I hadn't seen anything like that before, but I did know, having covered the high school basketball scene, that those things happened, that coaches give kids money," Johnson said, adding that although he didn't see the money change hands, he was certain the exchange was made because of Guillory's description of what was going to happen followed by the showing of the money.
Most dramatic, Johnson said, was the moment he locked eyes with Floyd outside the cafe. "He knew who I was, a writer," Johnson said. "I read body language well. He was uneasy. It was written all over his face."
I am sure Johnson looked right into Timmeh's soul.
The story is much more about Timmeh and the Trojan's hapless basketball program though (and for our sake I want Timmeh to stick around because he has been great for us). As mentioned the story is now all about "lack of institutional control" and according to Jason Cole an Charles Robinson from Yahoo! Sports that is where the NCAA investigators (apparently they have been working?) have been focusing on (emphasis added throughout):
“I think [lack of institutional control] would be a very accurate interpretation of the angle the NCAA took in questioning,” said attorney David Murphy, who represents former Mayo confidant Louis Johnson. Johnson was a central figure in an ESPN report in May 2008 chronicling more than $200,000 in alleged improper benefits received by Mayo and Rodney Guillory, a sports agency recruiter. Johnson has been interviewed by the NCAA on two occasions, including one six-hour session in June 2008 and another one-hour teleconference this past Friday regarding his latest allegation – that USC men’s basketball coach Tim Floyd made a cash payment of at least $1,000 to Guillory in February 2007.
Asked if there was any way that USC could not have known of the financial relationship between Mayo and Guillory, Murphy said: “It is humanly impossible for them to not have known.”
That sentiment mirrors statements by Lloyd Lake, who has alleged he helped give Bush and Bush’s family nearly $300,000 in benefits when Bush still was at USC. Lake has filed a civil suit against Bush over the alleged benefits. Lake told Yahoo! Sports in 2008: “People at USC knew. How could they not? We were in the locker room. Some of their [coaches] were there when we partied with him. They saw the things we had [given] him.”
Now before we go on to few more of the details here are the general parameters for "lack of institutional control" per Yahoo! Sports:
This is one of the NCAA’s most complicated and ambiguous thresholds. Boiled into the simplest terms, institutional control comes down to two central questions: Were adequate institutional policies and procedures in place to facilitate a member school’s compliance with NCAA rules? And if the adequate policies and procedures were in place, were they being properly monitored and enforced by persons in “control” at the time of a violation?
In essence, institutional control comes down to what rules exist, who was making sure those rules weren’t being broken, and whether the persons in charge of monitoring those rules were doing their jobs. Whether a member school demonstrated a lack of institutional control can vary depending on the scope of failures which led to a violation, the types of rules violated, and the depth of knowledge and reaction of those in control at a member school.
And here are the "acts that are likely to demonstrate a lack of institutional control":
1. A person with compliance responsibilities fails to establish a proper system for compliance or fails to monitor the operations of a compliance system appropriately
2. A person with compliance responsibilities does not take steps to alter the system of compliance when there are indications the system is not working.
3. A supervisor with overall responsibility for compliance, in assigning duties to subordinates, so divides responsibilities that, as a practical matter, no one is, or appears to be, directly in charge.
4. Compliance duties are assigned to a subordinate who lacks sufficient authority to have the confidence or respect of others.
5. The institution fails to make clear, by its words and its actions, that those personnel who willfully violate NCAA rules, or who are grossly negligent in applying those rules, will be disciplined and made subject to discharge.
6. The institution fails to make clear that any individual involved in its intercollegiate athletics program has a duty to report any perceived violations of NCAA rules and can do so without fear of reprisals of any kind.
7. A director of athletics or any other individual with compliance responsibilities fails to investigate or direct an investigation of a possible significant violation of NCAA rules or fails to report a violation properly.
8. A head coach fails to create and maintain an atmosphere for compliance within the program the coach supervises or fails to monitor the activities of assistant coaches regarding compliance.
Hmm ... so again let's go back to the list of scandals involving Trojan football and basketball progams from last year (which needs some updating) and see how many of those reported/alleged facts pass or fail the tests laid out above.
Let's looks at just some of the allegations NCAA is apparently looking into:
Among some of the aspects that sources say the NCAA is focusing on are the access that individuals like Lake and Guillory had to the Trojans’ athletic programs. For example, Johnson said that he and Guillory were regulars around Mayo and the USC men’s basketball offices, both before and after Mayo arrived on campus in 2007.
“We were in the locker room all the time, after every game, we sat behind the bench,” said Johnson, referring to the time before Mayo enrolled in school. Johnson said that USC did try to limit the contact between Guillory and the program once Mayo arrived but didn’t completely stop it.
“They tried to distance the relationship a little bit, but it was real obvious. [Guillory] was around the basketball office a lot, in the basketball office a lot. Everybody knew, everyone,” Johnson said.
Guillory also had previous ties to the USC basketball program. He was investigated by the NCAA in 2000 for his involvement with former Trojan Jeff Trepagnier and former Fresno State basketball player Tito Maddox. USC briefly suspended Trepagnier for his involvement with Guillory in 2000, but he was later cleared of any charges. However, the NCAA found that Guillory had broken rules by purchasing airfare for Maddox.
Johnson said Guillory’s connections to the BDA sports agency were well known to anyone in the basketball community, including players, youth coaches, college coaches and agents.
“Everyone knows who’s involved with what agent,” said Johnson, who previously worked for 16 years as a sports writer for the Long Beach Press-Telegram. “Everybody knows who’s delivering players to what agent because they hang out together at games. You see them all the time together at games in Vegas at these tournaments, so it’s real obvious.
“Was it a secret that [Guillory] had a relationship with BDA prior to O.J. going to USC? Only if somebody didn’t know anything about basketball. For the people who were heavily involved in basketball, it was obvious. You don’t know exactly what kind of relationship it is. I didn’t know how big it was until I got close to it.”
I guess the Trojans can throw their hands up and plead, "that's right. We don't know anything about basketball!"
LAT report is already throwing out the speculation that the Trojans just might try to wash their hands clean by throwing Floyd under the bus:
Attorney Salerno said of Floyd: "It will be interesting to see if USC now backs him or throws him under the bus. . . . They can say, 'Maybe we were negligent with Reggie Bush and O.J. Mayo getting money, TVs and all that, but in no way can we condone what has happened here.' "
But as Yahoo! Sports reports NCAA is also looking into the allegations of Pete Carroll hamming it up with agents:
Sources interviewed by the NCAA regarding Bush told Yahoo! Sports they had similar, visible ties at USC, including locker room access.
Lake, a partner in failed sports marketing agency New Era Sports & Entertainment, is suing the running back over alleged benefits Lake claims were provided as the firm tried to woo Bush as a client. The NCAA requested a copy of a photo Lake said he had of himself, former New Era business partner Michael Michaels and USC football coach Pete Carroll posing together in the locker room after a game. Carroll has declined to comment. Lake also provided the NCAA with financial documents and audio tapes of Bush and Bush’s stepfather, LaMar Griffin, talking about the alleged improper benefits. Bush’s family has denied the allegations.
No wonder stories are already surfacing (even though all the NFL jobs are filled up) that Carroll might be looking to bolt.
Cynics have good reason to question whether even the latest bombshell will mean anything in terms of concrete actions from the NBA. We know if this involved other programs, NCAA would be all over it, looking to impose penalties, even if it involved $150 worth of bag of groceries.
It will be very interesting to see how this all plays out.
GO BRUINS.
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30 comments
Comments
I read yesterday that Lake's case against bu$h was settled for $300K.
If I recall correctly, the principal amount Lake claimed he was owed was $300K. He got paid $300K. Hmm. 100 cents on the dollar. That’s generally what I pay as a defense attorney when I have a client who is, to quote another famous trOJan, “100% not guilty.”
The settlement agreement has a clause requiring both Lake and bu$h to make full and complete disclosure of all details …, no, wait. Oh, yeah, now I remember. There is (surprise) a confidentiality provision.
I would try to find the article again and quote from it, but it’s not news.
by Fox 71 on May 13, 2009 5:26 AM PDT reply actions 0 recs
This May Explain
Why the rats are leaving the sc bball ship and the captain had to stay.
The concerns expressed here for more than a year — that the NCAA will sacrifice bball to shift the focus away from football, may be alleviated.
IIRC — lack of institutional control will affect the entire department and all sports.
In the long run, sc might have been better off dealing with some of its problems, immediately — including getting rid of Garrett — to head of an institutional sanction.
I know it’s a long way off, but justice might prevail.
sjh
by Class of 66 on May 13, 2009 7:20 AM PDT reply actions 0 recs
Not holding my breath
We all know how long this has been going on at Fig Tech. Yet, there is no accountability by the local media nor does the NCAA take any action. Even if by some miracle, the NCAA does something, we’ll see whether it is an actual punishment or not.
by BlueReign on May 13, 2009 8:45 AM PDT reply actions 0 recs
Dear Mr. Magoo,
Uh-Hem:
On what planet does “lack of institutional control” mean premeditated, knowing, active, direct and personal participation in wrongdoing?
Love My Bruins
by Bruingirl83 on May 13, 2009 9:50 AM PDT reply actions 0 recs
I think they mean...
I think it’s the NCAA that has the lack of institutional control. Maybe they are admitting as much.
by isodore on May 13, 2009 12:44 PM PDT up reply actions 0 recs
Mr. Magoo on channel two
What an appropriate facsimile of the NCAA. Blind as a bat.
by brewnz on May 13, 2009 1:19 PM PDT up reply actions 0 recs
So Sad that the NCAA still hasn't acted
and the local papers have done 0 original reporting.
I’m hoping this pans out, but clearly a lot of the powers that be are trying to cover it up.
"when you've seen how big the world is, how can you make due with this?"
by silverlakebruin on May 13, 2009 10:04 AM PDT reply actions 0 recs
Following USC Athletics
is like tuning in to some salacious day time soap opera. I cannot tear my eyes away, though I well know it appeals to my base instincts, something of which I am not proud, but which entertains me to no end. I know full well I’ll tune in again tomorrow and get caught up on the newest scandal, and who said what, and who did what, and who betrayed who. I love it.
(Just to be clear though, I don’t watch day time soaps.)
A coach is someone who can give correction without causing resentment. John Wooden
by MexiBruin on May 13, 2009 10:08 AM PDT reply actions 0 recs
As always, wonderful stuff Nestor
But:
“I hadn’t seen anything like that before, but I did know, having covered the high school basketball scene, that those things happened, that coaches give kids money,” – Johnson
Is a little melodramatic for someone who played a role in this, no?
Either way, glad to see this is getting some play by the WWL and various non LAT outlets, and I agree with Mexibruin—this should be FUN.
by bruinhopeful on May 13, 2009 10:16 AM PDT reply actions 0 recs
Looks bad for suc
But it always has. I just feel encouraged to hear so much from so many sources, even local ones. I hope something comes of this and they have their record wiped for the years Bush was here, then they can stop claiming the one national championship they won, and the other one that they like to pretend they also won. Having tighter control, sanction, loss of scholarships and such would be warranted as well, I believe.
by sponkey21 on May 13, 2009 11:04 AM PDT reply actions 0 recs
Carroll overheard saying, "Chewbacca's a Wookie. It don't make no sense"
He should definitely get a shovel and dig up Johnny Cohcran to trot out the Chewbacca Defense.
Imagine if you will a large circle around the USC athletic program. Inside the circle are things that USC is responsible for. You know, the area in which USC knows or should reasonably be expected to know of what is going on. The NCAA rules paint one picture of how big that circle is. I would reasonably conclude, based on these rules, that the circle is big enough to encompass the sports facilities, locker rooms, coaches’ offices, the campus, areas where the coaches and athletic department officials travel, the people they come into contact with, and so on.
USC imagines the circle is this big:

As long as they don’t see anything in that hole in the ground, all is well.
USC’s defense to all of this has been that they can’t possibly know everything that goes on, and it is not reasonable to expect them to. Forget that the NCAA has created a set of rules (that USC had adequate notice of) that rejects this. Even based on USC’s stated position, we are now at the point where so many blatantly obvious material infractions have been uncovered, that even that defense is ineffective.
Pretty soon, USC will be left with one last ditch effort to deflect:
Look, it’s Sam Gilbert!
by Karl II on May 13, 2009 11:10 AM PDT reply actions 2 recs
The funniest part
is the first comment where a TRULY uninformed individual says “Coach Floyd has a hard-earned reputation as an honorable man.” WHAT???? LOL!
by uclafan11 on May 13, 2009 12:05 PM PDT up reply actions 0 recs
Attack the messanger
That is what they always do.
by UniversityofSecondChoice on May 13, 2009 1:09 PM PDT up reply actions 0 recs
Wow
That article and response make me sick.
I was holding out hope against hope that the NCAA would step up to the plate and actually do something in order to stop the transgression by Fig Tech, but, with good reason, I had no faith in the NCAA.
But today! This new yahoo article gives me new hope that the NCAA will finally punish $c for blatant violations of their (the NCAA’s) own rules.
Maybe time has come for justice to flow like a mighty river down the 110 Harbor Freeway and sweep away all the filith on Adams Blvd?
Victory or until next year!
by ncrpz2 on May 13, 2009 2:33 PM PDT up reply actions 0 recs
SC's (lack of denial)
I know SC has a “policy” of not commenting on any investigations and that makes me feel all warm and fuzzy and all but still, the story broke last night and there’s no denial from Floyd or SC yet? I just Googled this story and I’m still awaiting the official denial.
Does anyone doubt that if a similar story broke about Coach Howland (and assuming it was bullshit), he would have issued a statement, at the very least, absolutely denying it?
What’s wrong with this picture? Are the lawyers circling the wagons at SC trying to get the official story straight? Where is Floyd anyway? Stop hiding, Timmeh, we want to hear from you!
by Barnes2JJ on May 13, 2009 12:47 PM PDT reply actions 0 recs
justsc's "policy"
justsc’s lawyer says they can’t comment because of the alleged investigation. Actually, that’s another lie. They obviously can comment. A truthful statement would have been that justsc’s lawyer doesn’t want to comment. Now why would that be justsc’s position? The answer is obvious. justsc is starting its spin control and they want to make sure that the official position is something that can’t be proven to be untruthful, at least immediately.
Years ago, I was involved in a trial in which the judge non-suited plainitff after his opening statement. (What that means is that plaintiff’s lawyer told the jury what facts he intended to prove, the defense said even if your prove all those facts, you still don’t have a case, and the judge agreed and tossed out the case. So plaintiff’s lawyer did what he should have done, and asked to embellish his opening statement, in effect, to re-open his case. The judge, who was otherwise a buffoon in my opinion, uttered a great line (outside the presence of the jury, obviously) “Well, OK, Mr. Plainitff. I’ll let you go ahead and give the absolute truth, version 2.”
Justsc is now going over and over its versions of the “truth.” The complete and utter candor we can expect from Inheritance Hall will be in direct proportion to how much they think we already know.
justsc’s general counsel should amend her statement about justsc’s “policy.” justsc’s policy is well known to all: Cheat as much as you can, deny everything when you get caught, blame everything on the people who unearth the truth, and all the while laugh at the concept that anything could possibly happen at the hands of the ncaa. And who can blame justsc for having that policy. It has worked wonders so far.
by Fox 71 on May 13, 2009 2:00 PM PDT up reply actions 0 recs
You gotta love it though
Investigations happen so often at U$C that not commenting on them has become an INSTITUTIONAL POLICY!
But hey, what do I know. I’m just the 800 lbs bruin in the room.
by tasser10 on May 13, 2009 3:18 PM PDT up reply actions 0 recs
Jason Cole on AM 710
Caught about 10 minutes of an interview on 710 ESPN with ($UC partisan) Mason and Ireland while in the car at lunch time. They seemed intent on attacking Louis Johnson’s credibility (attack the messenger). They asked Cole whether LJ was writing a book (as though that disqualified him), and apparently Johnson has thought about it, but hasn’t put anything at all into action toward that end. Just the thought that he MIGHT do so, and an apparently checkered past (don’t know details), was enough to disqualify him in their eyes. They asked Cole flat out whether he believes Johnson, and he said yes. The fact that he testified before the feds was a big part of that, plus whatever other sports writing gut feelings he has about it. It’s not up on the 710 podcasts now, but might be tomorrow.
by ucla717274 on May 13, 2009 1:17 PM PDT reply actions 0 recs
I don't understand that line of thinking
Do they not realize that he testified to the feds about this? Lying to the NCAA is one thing, but you do NOT want to lie to the feds and I’m sure LJ is well aware of that.
by Tydides on May 13, 2009 1:41 PM PDT up reply actions 0 recs
That was exactly the point
That was exactly the point that Jason Cole made.
by ucla717274 on May 13, 2009 1:46 PM PDT up reply actions 0 recs
Yeah
I’m just wondering why Mason and Ireland would even bring it up. It seems to be a non-issue when you consider the consequences of what they’re suggesting. Of course, all of this only highlights that they are truly scraping the bottom of the barrel to defend this behavior. The well appears to be dry and the ball is now in the NCAA’s court.
by Tydides on May 13, 2009 1:49 PM PDT up reply actions 0 recs
It seems a little ironic to me
justsc and its supporters say that Mr. Johnson should not be believed because of all his character flaws. But this is the same Mr. Johnson who was welcome inside the inner sanctum in Inheritance Hall. I don’t understand why justsc was so pleased to give Mr. Johnson unfettered access to justsc’s athletic department back then, whereas now he’s a totally bad person who isn’t worthy of belief?
by Fox 71 on May 13, 2009 2:05 PM PDT up reply actions 0 recs
Embarrassed Ireland went to UCLA
he has his (giant) head up SUC’s ass
"when you've seen how big the world is, how can you make due with this?"
by silverlakebruin on May 13, 2009 2:06 PM PDT up reply actions 0 recs
I'm embarrassed, too.
I’m embarrassed at myself, but heck, this is family so I can confess. I spent some time looking at various trOJan blogs. My very unofficial assessment of the couple of hundred posts that I read is that most trOJans remain in denial and remain deluded. A few were concerned about the program. Most of the non-trOJan posts were well reasoned, and kept asking questions or making points that the trOJans could not refute.
The uniform defense is that Johnson should not be believed because he is such a shady character with such a shady past and with such shady motives. trOJies apparently do not recognize that this is the equivalent of the guy on trial for murdering his parents who asks for mercy because he’s an orphan. If Johnson is so bad, then how in the world was it that he could have such access at justsc? And why was Guillory allowed anywhere within 10 miles of the campus after his previous episode?
I can’t believe that I am the only person to take note of the fact that justsc’s primary defense (he’s a bad guy, don’t believe him) is in the most fundamental sense a confession of at least a lack of institutional control, if not an admission of institutional approval.
OK, enough on this fascinating subject for me. I’ll wait to hear what the ncaa has to say, which I’m sure will be any day now. Or more likely, long after OJ2 retires from a long career in the nba.
by Fox 71 on May 13, 2009 7:17 PM PDT reply actions 0 recs
My Fear
Is that the NCAA will go through the usual la dee da dee da B.S. claiming that it’s looking hard at all the allegations surrounding $C’s programs – and then pull off the usual do-nothing (especially when it’s $C).
Los Angeles Rams and the UCLA Bruins!!!!!
by Minnesota Bruinfan on May 14, 2009 5:04 AM PDT reply actions 0 recs
SUC seems to Confuse
Damage Control with Institutional Control.
by bru79 on May 14, 2009 9:48 AM PDT reply actions 0 recs
Says a lot about USC Hoops
This is why USC will never have a real hoops program. Reggie Bush gets a car, a house, and hundreds of thousands of dollars in cash, and all Floyd could scrounge up for its biggest recruit ever was $1000???
by ishXdavid on May 14, 2009 3:30 PM PDT reply actions 0 recs

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