Nuggets From NCAA's "University Of Southern California Public Infractions Report": Help Us Find More
First of all, if you haven't seen the report, here it is. It is in PDF format about 67 pages long. The allegations here involved NCAA violations in three sports: football, men's basketball and women's tennis. I have flagged some of the interesting parts that stood out to me in my first read.
Now it would great if you guys can all go through the pages and flag any bit you think is interesting and post it right in this thread. I will share some initial nuggets that stood out to me. In the very first page here is the set up with focus on Reggie Bush and OJ Mayo:
This case is a window onto a landscape of elite college athletes and certain individuals close to them who, in the course of their relationships, disregard NCAA rules and regulations. It centered on a former football student-athlete ("student-athlete 1") and a former men's basketball student-athlete ("student-athlete 2"), both of whom performed at the highest level during their intercollegiate athletics careers. Student-athlete 1 was known to be a candidate for the Heisman Trophy; student-athlete 2 was widely known to be a "one-and-done" student-athlete. In fact, as early as September 2007, student-athlete 2's only year on campus, the institution sent him a memo titled, "Information Regarding the 2008 NBA Draft, Agents and Tryouts." Their world included professional sports agents, "runners" and "handlers," "friends" and family, many of whom were eager to cash in early on expected lucrative professional contracts. The actions of those professional agents and their associates, with the knowledge and acquiescence of the athletes, struck at the heart of the NCAA's Principle of Amateurism, which states that participation in intercollegiate athletics should be "motivated primarily by education and by the physical, mental, and social benefits to be derived." Their actions also threatened the efforts of the NCAA and its member institutions to sponsor and support amateur competition at the collegiate level.
And reference to Southern Cal's "general campus environment":
The general campus environment surrounding the violations troubled the committee. At least at the time of the football violations, there was relatively little effective monitoring of, among others, football locker rooms and sidelines, and there existed a general postgame locker room environment that made compliance efforts difficult. Further, in recent years, the NCAA has made efforts to encourage universities to curb excesses in the entertainment of prospective student-athletes making visits to college campuses so as to avoid a perception by prospects of special status or entitlement. Yet, in this case, the committee reviewed information that, during the official paid visit of a highly recruited football prospect, his host - student-athlete 1 - did not pick up the prospect until nearly midnight the evening following a home football game and that he was taken out until the early morning hours. There also was information in the record that the assistant football coach knew that the prospect was not picked up until nearly midnight by student-athlete 1 and that the prospect was taken to a club at which alcohol was served. These activities and others referred to during the hearing fostered an atmosphere in which student-athletes could feel entitled to special treatment and which almost certainly contributed to the difficulties of compliance staff in achieving a rules-compliant program.
Student athlete 1 here of course is none other than Reggie Bush and the assistant coach is none other than the Dog Fighter Meriones exposed here a while ago. More after the jump.
Here is Reggie looking for cash to pimp out his ride:
During a telephone conversation in late 2004, student-athlete 1 informed agency partner A that he (student-athlete 1) was embarrassed to drive his current vehicle, a pick-up truck, and wanted a different vehicle. Agency partner A agreed to provide the cash to purchase a vehicle. A short while later, in December 2004, student-athlete 1 located a vehicle he wanted, and agency partner A gave student-athlete 1's stepfather several thousand dollars in cash for a down payment on the vehicle. Student-athlete 1 later contacted agency partner A to request additional money needed to purchase wheel rims for the vehicle. Agency partner A then drove from San Diego to Los Angeles and gave student-athlete 1 an additional several thousand dollars in cash. Approximately one week later, agency partner A gave student-athlete 1 another sizable cash payment, which the student-athlete used for a car alarm and audio system. [page 5]
As for the Dog Fighter here is one of the most damning part:
At least by January 8, 2006, the assistant football coach had knowledge that student-athlete 1 and agency partners A and B likely were engaged in NCAA violations. At 1:34 a.m. he had a telephone conversation for two minutes and 23 seconds with agency partner A during which agency partner A attempted to get the assistant football coach to convince student-athlete 1 either to adhere to the agency agreement or reimburse agency partners A and B for money provided to student-athlete 1 and his family. Further, during his September 19, 2006, and February 15, 2008, interviews with the enforcement staff, the assistant football coach violated NCAA ethical conduct legislation by providing false and misleading information regarding his knowledge of this telephone call and the NCAA violations associated with it. The assistant football coach failed to alert the institution's compliance staff of this information and later attested falsely, through his signature on a certifying statement, that he had no knowledge of NCAA violations.
It looks like the Dog Fighter also got caught lying to the Committee in this hilarious bit which has a reference to a "comedian":
Another reason to question the assistant football coach's credibility in denying that he knew agency partner A is the fact that the two shared a close relationship with a mutual friend ("mutual friend"), a comedian and actor who has appeared in various roles in television and motion pictures. Agency partner A grew up with the mutual friend in San Diego. The record in the case included a photograph of the assistant football coach together with agency partners A and B and the mutual friend. The assistant football coach stated that the only individual in the photo he knew was the mutual friend, and that it was not uncommon for "passersby" to pose for photographs with celebrities such as the mutual friend. Given the relationship, the committee finds it unlikely that the assistant football coach would have posed in a photograph, which included agency partner A and the mutual friend and not, at a minimum, have been introduced to him (agency partner A) by the mutual friend. The photograph was taken with agency partner B's telephone.
That was from page 25. Who could the comedian be? Will Ferrell is the obvious guess but isn't he from the OC, not San Diego? Very interestingly the report nailed Petey for hiring a coaching consultant as an exhibit of lack of institutional control (page 37):
The committee notes that the former head football coach did not check with the institution's compliance office before hiring the consultant. Rather, another institution's compliance office notified the compliance office at USC of the consultant's service with the USC football staff. As a result, this violation is a component of Finding B-7, lack of institutional control.
Here is the particular reference to an overarching lack of institutional control (p 46):
From December 2004 through March 2009, the institution exhibited a lack of control over its department of athletics by its failure to have in place procedures to effectively monitor the violations of NCAA amateurism, recruiting and extra benefit legislation in the sports of football, men's basketball and women's tennis.
As a result, three different agents and/or their associates committed violations regarding student-athletes 1 and 2.
Particular instances of lack of institutional control were exhibited in deficiencies in the following areas alleged by the enforcement staff: a) monitoring of student-athlete 1's automobile registration; b) monitoring of student-athlete 1's employment at the office of a sports marketing agent; c) involvement of boosters and agents in the recruiting process; d) monitoring the number of countable coaches in the football program; and e) monitoring long distance telephone calls made from the department of athletics.
The report also nailed Southern Cal as a "repeat offender" (something Patroclus flagged a while ago):
This was the institution's sixth major infractions case. Most recently, the institution appeared before the committee in June 2001 for a case involving the football and women's swimming programs. Accordingly, USC is considered a "repeat violator" under NCAA Bylaw19.5.2.3. The institution also had infractions cases in 1986, 1982, 1959 and 1957, all of which involved its football program. [page 3]
That's what I have for now.
Please go through the report and flag whatever nuggets that seem tasty to you and reference the page numbers in it. Let's archive all this right here on BN so no one can ever accuse us embellishing the facts against the sleaziest athletic program in modern NCAA athletics.
GO BRUINS.
This is a FanPost and does not necessarily reflect the views of BruinsNation's (BN) editors. It does reflect the views of this particular fan though, which is as important as the views of BN's editors.
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Women's Tennis
I mentioned it on Twitter, but even Women’s Tennis committed violations. Namely, a women’s tennis player received extra benefits…
From November 2006 to March 2009, a former women’s tennis student-athlete (“former women’s tennis student-athlete”) used an athletics department long-distance access code to make 123 unauthorized personal telephone calls to family members in another country. The total value of the calls was $7,535.
Committee Rationale
Then institution and enforcement staff were in agreement with the facts of this finding and that those facts constituted violations of NCAA legislation. However, the institution believed the violations to be secondary. The committee finds that the violations occurred and, considered collectively, that they are major.
The violations in this case are not isolated, as they were numerous and took place over a period in excess of two years. Further, the former women’s tennis student-athlete made the calls using an institutional access code she knew she did not have the right to use, thus the violations are not inadvertent. The extra benefits conferred were “significant,” as the value of the phone calls was in excess of $7,000. Accordingly, the violations cannot be considered secondary.
I’m sure some people will say that it was just telephone calls, and maybe even offer the defense that this was one rogue athlete that stole a long distance code, so why punish USC. The athletic department either was aware of these long distance phone calls and looked the other way (or even actively allowed her to make these calls), or they don’t review their own expenses and missed a big red flag. Either way, it amounts to that fun phrase…LACK OF INSTITUTIONAL CONTROL.
by Westwood Wizard on Jun 10, 2010 1:58 PM PDT reply actions
This is one of my favorites....
Letting someone rack up a $7000 phone tab is a perfect example of lack of control!
My current favorite, found on Page 10 of the Report (emphasis added):
Student-athlete 1 [i.e., Bush] consented to an interview with the enforcement staff in late April 2009. Although he denied entering into any type of agreement with agency aprtners A and B, or anyone else associated with their attempts to form a sport agency, he concededd that he knew agency aprtners A and B, and he communicated regularly with agency partner A via telephone and text messaging. … He said it was ‘possible’ that he helped agency partner A get into the USC locker room after a football game and that it was also ‘possible’ that agency aprtner B was there too.
"In this program your passion bucket must be full to play SC." -- CRN, to Dan Patrick, 1/2008
Mentioned this in the last thread. . .
but it looks like the Papadakis Taverna got a brief mention as well, for hosting illegal recruiting events (pp. 37-38). I’m sure it will get mentioned on 570 this afternoon, right?
I have been listening so far to Loose Cannons
It’s been nonstop Lakers talk. Petros & Money will be on at 3, so tune in then!
Yep
Page 37-38:
4. IMPERMISSIBLE RECRUITING CONTACTS BY A BOOSTER. [NCAA Bylaws 13.01.2, 13.01.4 and 13.6.7.1]
On several occasions beginning in December 2002 and continuing to December 2005, during prospective football student-athletes’ official paid visits to the institution’s campus, a representative of the institution’s athletics interests and the owner of a local restaurant (“representative A”) made impermissible off-campus recruiting contacts with a number of prospective student-athletes.
Committee Rationale
The enforcement staff and institution are in agreement with the facts of this finding and that violations of NCAA legislation occurred. The institution believed that conversations between representative A and prospective student-athletes visiting his restaurant were neither made nor intended to be of a recruiting nature. The institution further asserted that these conversations were not interpreted by the prospects as having a recruiting purpose, and that they did not play a role in any prospect’s decisions to attend the institution. The enforcement staff took no formal position as to whether the contacts were major or secondary violations. Although the committee finds that the violations were secondary, they form a component of Finding B-7, lack of institutional control.
Keep them coming.
Comedian/actor
Faizon Love? Not that I know who he is.
page 51 talks about Timmeh...
The former head men’s basketball coach is a long-time veteran coach. He spent considerable time at the hearing detailing his knowledge of the distasteful part of collegiate men’s basketball recruiting, including the proliferation of travel team coaches, agents and their “runners,” and the involvement of apparel company personnel in the process. He said he was so concerned about the negative influences that, upon accepting the head coaching job at the institution, he journeyed to the NCAA national office to discuss the ills of college basketball recruiting with the president of the NCAA. Yet, when representative B appeared at his office on November 22, 2005, offering the commitments of two of the best prospects in the country, the former head men’s basketball coach took representative B’s personal information, passed it to one of his assistant coaches and asked his assistant coach to stay in contact with representative B regarding the recruitment of the two young men. He did so even after establishing that representative B was not a parent or guardian of the young men and called himself an “event promoter.”
Page 53: Garrett fulfilling his duties responsibly...
There were further signs of possible trouble that went unheeded by the administration of the institution. On October 7, 2006, the director of athletics went to the men’s basketball office after receiving an e-mail from a sports reporter looking for a response to a report that representative B was a professional sports agent and involved with student-athlete 2. When advised by the former head men’s basketball coach that representative B had on numerous occasions denied he was an agent or runner, the director of athletics responded, “That’s all I need to know,” and left the office. No further follow-up was done.
"that's all I need to know."
I can already foresee this is going to be a much used phrase here at BN.
The best thing you can do for your children is to love their mother. John Wooden
from CBS Sports.com
dated June 2, 2010- “USC football is going to walk. There will be no NCAA jail. What, you haven’t heard? Lane Kiffin told me. Actually, he told all of us the day he took the job in January. USC’s coach is a lot of things and stupid isn’t one of them. He didn’t replace Pete Carroll knowing that his program was going to get The Big Haircut from the NCAA.”
Appeal
Guess who is appealing.
Here’s what southern cal apologist and mouthpiece Todd Dickey (former general counsel) who is in the chain of responsibility blame for this disaster has to say:
One question Todd—if you will not tolerate this—why did you?
Hmmm...how to keep them away....
Gee, I dunno: keep them out of practices? Out of Freedom Hall? Off the sidelines? Call me crazy, but I think you might have started there, idiot.
How come?
How come the only school in the US of A that can’t shoo away these grifters like Loyd Lake and that collage of handlers around "student-athlete 2 " is southern cal? How come nobody else has to hire a former FBI Director to figure out how to have a smidegen of intergrity.
How Extraordinarily Cool
that you think you can pick and choose your own punishments, Todd, based upon your own judgment about what is and is not “fair,” and considering how victimized you are by your own success.
Good grief.
Love My Bruins
It can't be Will Ferrell...
…because in the report it said “comedian and actor.” He’s not much of a comedian, and he’s sure as hell not any good as an actor!
No one ever says "Let's go to Birmingham for the weekend!" -- Dr. W J Julian, Director (emeritus) Pride of the Southland Band
Zing!
Though I will give him that he was a good George W. Bush.
by bruinbabe2000 on Jun 10, 2010 2:37 PM PDT up reply actions
Pages 55-56 of the Report (emphasis added):
The violations concerning student-athlete 1 [i.e., Bush] included the receipt of a vehicle, a rent-free homes for his parents, airline tickets to institutional football games and lodging at those games, cash, limousine transportation, furniture and appliances. The violations concerning student-athlete 2 [i.e., Mayo] included cash, electronic devices and associated services, meals, transportation for him, his brother and friends, and a television. The failure of the institution to recognize warning signs, to be proactive in monitoring its athletics program, and to follow through on information regarding possible rules violations resulted in a lack of institutional control. As set forth earlier in this report, the committee notes with concern that the institution’s staffing commitment to compliance has been at times insufficient with an athletics program of the scope, depth and size as the one at USC. A serious commitment to Division I athletics must include a serious commitment to appropriate compliance.
"In this program your passion bucket must be full to play SC." -- CRN, to Dan Patrick, 1/2008
too soon
given the NCAA’s pace, the Joe McKnight stuff won’t be known to them for another 2 yrs or so.
by insomniacslounge on Jun 10, 2010 2:39 PM PDT up reply actions
So there has to be another investigation
We are not done yet then. There is no way NCAA can let them get away with that.
Note, however, that they DID suspend him for a Bowl Game.
So at least they did SOMETHING.
However, since the freaking Trogan Times was reporting that McKnight had the thing parked OUTSIDE PRACTICE, that may NOT be enough.
"In this program your passion bucket must be full to play SC." -- CRN, to Dan Patrick, 1/2008
Trogan = "self-opening pinata"
Gotta love it.
M
"In this program your passion bucket must be full to play SC." -- CRN, to Dan Patrick, 1/2008
Couldn't find it, either.
Apparently, it’s not within the scope of this investigation.
That’s actually fine with me, as it just gives us the starting point for ANOTHER investigation.
M
"In this program your passion bucket must be full to play SC." -- CRN, to Dan Patrick, 1/2008
It will be included in the next investigation, which will be titled:
“USC Sanctions Part Deux: United States of China”
Tick-tock on Notice of Allegations and Los Angeles Times story
The NCAA’s Notice of Allegations was sent to “the institution” on September 24, 2009 according to page 65 of the report.
The L.A. Times first reported Mr. McKnight’s use of the Land Rover on December 18, 2009 at 4:33 p.m.
The “institution” filed its response on December 23, 2009, again according to page 65 of the NCAA report.
Thus, my read is the McKnight-Land Rover caper was not before the NCAA.
I'm wondering if LOIs require athletes to agree to comply with NCAA rules...
… and they will be liable for damages if they’re found to ahve vioalted them. I would LOVE to see $C have to sue Bush or mayo for some of the monetary hell they face now.
"In this program your passion bucket must be full to play SC." -- CRN, to Dan Patrick, 1/2008
Website
Page 58 requires the institution’s Website reflect the forfeited wins. After the self-imposed basketball sanctions went into effect, the Website still showed sc had a 21-12 record led by “student athlete-2” aka oj2.
After the baseless appeal is concluded, let’s see f they can hire a computer geek to set the record morally straight.
Excellent post, N
This really should have more recs.
"I never watched baseball on TV. It's slow and boring. I'm not a fan. Never was." - Jeff Kent
NCAA says officially that juniors and seniors can transfer out without the 1-year sit-out
per Scott Wolf’s latest blog. Also he confirmed that this applies even during the farcical “appeals” process
Timmeh
I have seen some tweets about Timmeh coming out of this report looking ok. Not really. On page 54:
Student-athlete 2 was the top high school basketball recruit in the country and the most high profile men’s basketball recruit ever to attend USC. The former head men’s basketball coach, assistant men’s basketball coach, institutional compliance staff, the FAR, and the athletics director all knew that representative B had committed two separate NCAA violations, one involving the former men’s basketball student-athlete and one where he was found to be a runner for an agent. They also knew that he was acting as the “point person” in the recruitment of student-athlete 2. Their failure to take steps to monitor his recruitment forms part of the lack of institutional control finding.
It looks like the ncaa totally discounted any evidence about the $1,000 payoff
Was the incident even mentioned?
Comittee seriously considered TV ban
On page 57:
The committee seriously considered the imposition of a television ban as a penalty in this case. After lengthy discussion, the committee ultimately decided that the imposition of other significant penalties, as set forth here, adequately responded to the nature of the violations found in this case and the level of institutional responsibility. Therefore, a television ban need not be imposed. The committee notes, however, that the television ban is a penalty designed in part to ameliorate extensive and positive media and public attention gained by a program through commission of violations. The committee also notes that the decision in this case not to impose the penalty was a very close call. All student-athletes, coaches, administrators, boosters and agents must understand that violations of NCAA rules have severe consequences.
I never understood how a TV ban would work
If just$c* is penalized by not getting on TV, then the team they’re playing is also penalized, it seems to me. Let them be on TV, but get no revenue for it. One share goes to the other team, and just$c*’s share either comes to me or gets divided up by the rest of the league.
Anyway, it’s a non-issue anyway. I was going to say the issue was “academic,” but nothing having to do with that place is “academic.”
Right
I agree about the wisdom of putting the game on the TV but not letting “the institution” get to keep the cash. This is all about money and there is one way to get southern cal to knock it off, keep the TV cash or as you suggest, pass it around to others who do not have the problem of agents, handlers and runners loitering in their locker rooms.
Pac 10 Splits everything evenly
So if SUC is on ABC for all of their games and WSU is never on TV because they suck, they both get the same amount of money.
This leads to another question. The money SUC received was divided 10 ways, will the other 9 colleges have to repay their 1/10 or will SUC pay the entire amount.
not everything
The Pac-10 has what commissioner Tom Hansen refers to as “hybrid” revenue sharing. The conference shares postseason revenue for football bowl games and the NCAA men’s basketball tournament.
However, football TV revenue — one of the biggest moneymakers for schools each year — is not shared. Instead, the participating team or teams keep the lion’s share of the money, essentially splitting 59.5 percent. The other 40 percent is shared evenly among the other teams. For non-conference games, the participating team keeps its entire share of the money.
Well this is very interesting
What Kevin O’Neil and Lane Kiffin will need to do (Penalty no. 21 on pp 60-61):
a. Inform prospective student-athletes in football, men’s basketball, and women’s tennis that the institution is on probation until June 9, 2014, of the violations committed in the prospect’s sport, and the penalties imposed on that sport program. If a prospective student-athlete takes an official paid visit, then information regarding violations, penalties, and terms of probation must be included with information provided in advance of the visit (five-visit rule, 48-hour rule, etc.). Otherwise, the information must be provided before a prospective student-athlete signs a national letter of intent and no later than when the institution provides a prospective student-athlete with the academic data report and information regarding team APR.
b. Publicize the information annually in the media guide (or web posting), if any, in football, men’s basketball, and women’s tennis, as well as in a general institution alumni publication to be chosen by the institution with the assent of the assistant director of the committee on infractions. A copy of the media guide, alumni publication, and information included in recruiting material shall be included in the compliance reports to be submitted annually to the committee on infractions.
So can Hello Kiffin follow those rules?
Who gives players cash and cars???
What happened to the good old days when a young man was satisfied with some cocaine and house full of hookers?
"No Rebounds, No Rings"
"Things turn out best for the people who make the best of the way things turn out"
-John Wooden
Don't knock the University of Oklahoma
Just because there were machine guns, drugs and “coeds” in the Athletic Dorm was not a problem in Norman—just ask any Sooner alumni.
Petey's response
If you don’t want to have to look at his smug face, I’ll summarize:
Carroll’s compliance policy, “Dont ask, don’t tell.”
by insomniacslounge on Jun 10, 2010 3:33 PM PDT reply actions
I'd like to see
Barkley’s smug little grin today…
Has anyone noticed that barkley and Spencer Pratt are never seen at the same time??
Could they be one and the same?/ There both smug little …
by PasadenaBruin on Jun 10, 2010 10:20 PM PDT up reply actions
Dr. Samples
Remember what he said on February 20 whenh the Committee on Infractions took the corruption investigation under submission: “It will come out. It will be great.”
Good call Mr. President.
Correction
“[W]henh” is spelled “when” in English; a language I am yet to master.
It's an interesting timeline
When exactly did Bush get his car?
The UCLA suc game was played on December 4 2004, so it’s very likely that he had made the agreement before the game and even possible that his dad had gotten the money before the game.
I think we need to know those dates.
NCAA Division I Infractions Appeals Committee
Here’s the lineup who will hear the southern cal frivolous appeal which will be taken solely for purpose of delay.
1. Chris Griffin, a Tampa , Florida lawyer who attended Florida State.
2. Dr. Susan Lipnickey, Provost at Miami of Ohio who is also an Associate Professor the Kinesology and Health Department.
3. Patricia C. Ohlendorf, the Vice President of Legal Affairs at the University of Texas.
4. David Williams II, Vice Chancellor and Professor of Law at Vanderbilt.
5. Jack Harlan Friedenthal, Professor of Law, George Washington University Law School.
Gee, can they INCREASE the sanctions? This is a group I would not want to appear before.
Bleeding powderkeg blue and gold for 55 years. Go Bruins!
Let them lift the bowl ban
just alter scholarship reductions to a loss of 84 scholarships a year for 3 years. They can keep Barkeley and play him behind an all-walk on offensive line. That would be glorious.
Doesn't look like it
Here’s the relevant NCAA rules on major infraction appeals:
“An appeal is not a new hearing that provides a second chance to argue the case. The Infractions Appeals Committee will reverse or modify a ruling of the Committee on Infrac-tions only if the individual or institution can show one or more of the following grounds:
1. That the ruling was clearly contrary to the evidence;
2. That the individual’s or institution’s actions did not constitute an infraction of NCAA rules;
3. There was a procedural error and but for the error, the Committee on Infractions would not have made the finding of violation; or
4. The penalty assessed was excessive such that its imposition constitutes an abuse of discretion.
The Infractions Appeals Committee acts on the basis of the record in the case. It will not consider evidence that was not presented to the Committee on Infractions, except in the limited circumstances."
I talked to a couple of appellate lawyers who tell me this is sort of like the general rules applicable to appeals in courts of law. There can be some limited reweighing of the evidence and reversal only when there is an abuse of discretion.
But I can find nothing in the NCAA Bylaws which allows the penalty to be increased; maybe somebody else can. Too bad.
Maybe they can rescind the sanctions
and hand out even worse sanctions. That would be a nice loophole.
RESCUING DANCE MUSIC FROM THE BLAHS
Some of these sound like ordinary appellate rules
1. Contrary to the evidence. This sounds like the “substantial evidence rule.” An appellate court generally will not re-weigh the evidence. ‘Under the substantial evidence standard, the factual findings of the trial court are presumed correct and a party challenging a judgment has the burden of showing reversible error by an adequate record. In the absence of a contrary showing in the record, all presumptions in favor of the trial court’s action will be made by the appellate court ." (Matthew Bender, 5-41 California Appellate Practice and Procedure, section 41.13.) (All of the cites will be from this publication, which I don’t particularly like, but is all I have.)
“Under this standard, the appellant must demonstrate that no reasonable inference supporting the challenged ruling can be drawn from the evidence presented.” (Id.) “Thus, the scope of the review under this standard begins and ends with thedetermination whether there is any substantial evidence that will support the factual conclusions reached by the jury or trial court.”
So on this standard, just$c* will have to recite all of the evidence (that’s another rule) and then say that none of the evidence supports any of the findings. Very few appellate lawyers pursue an appeal on this ground.
2. That there was no infraction. This sounds basically like an appeal after a demurrer or after a summary judgment motion. The standard here is de novo review. "[A]n appellate court conducting an independent review of a question of law is free to interpret a rule of law without regard or deference to the trial court’s interpretation. Conversely, however, the reviewing court examines the validity of that ruling without regard to the lower court’s underlying reasons for the ruling. Because of the fundamental presumption that the trial court ruling is correct …, the reviewing court will affirm a “right ruling for the wrong reason.” That is, it will uphold a ruling if it is correct on any theory of law applicable to the case, despite the fact that the trial court made that ruling on the basis of erroneous reasoning or for other improper considerations." (Id., at 41.14.)
I don’t know exactly what the rules are, but this is the easiest appeal to process, because it eliminates those pesky facts in most cases. My guess is that this will be the thrust of the argument – there was no violation of any rules. You accept as a given that McNair knew what he knew, for example, and then you argue that it wasn’t a violation.
3. A procedure error but for which there would have been a different ruling. I can’t think of an analogy to this. Maybe one of the other lawyers can figure this one out.
4. Abuse of discretion. This is a very tough standard. "Under the “abuse of discretion” standard of review, an appellate court will not reverse a ruling of the trial court unless it appears a miscarriage of justice has occurred because the trial court exceeded the bounds of reason, all circumstances considered." (Id at 41.12.) "The discretion of a trial court cannot be whimsical and uncontrolled, however. ‘Abuse’ of discretion, justifying a reversal of the trial court ruling, may be found by the appellate court to occur when, all relevant circumstances considered, the trial court ‘exceeded the bounds of reason,’ or when no judge would reasonably make the same order under the same circumstances… The appellant has the burden, however, of showing a clear case of abuse, absent which the appellate court will not reverse and substitute its opinion for that of the trial court, and thus divest the trial court of its discretionary power.
I have had little success as an appellant trying to prove an abuse of discretion. It can be done, but it isn’t easy. The advocate for the ncaa (I wonder who that will be) need only show that there was a rational reason for the COI’s rulings.
I hope this helps.
PeggySue This is a really useful post.
Seems like they will focus on #4, penalty excessive. Based on the abuse of discretion standard, it would be unlikely that the penalties given would be an abuse of discretion. However, since this is like an arbitration, not an appellate court, they can do anything they want.
by 75NatChamps on Jun 11, 2010 12:24 AM PDT up reply actions
The reason the appeal won't work
is that there was no tv ban. If there had been a tv ban, the appeals committe might say that that was excessive punishment (even though it’s not) and decided to reduce the sanctions. That would have made it look like U$C got one over the NCAA. Instead, the sanctions will stand and the NCAA looks good. I think not giving the TV ban was a calculated move by the NCAA.
But hey, what do I know. I’m just the 800 lbs bruin in the room.
by tasser10 on Jun 10, 2010 7:52 PM PDT via mobile reply actions
Yep
The absence of a tv ban looks key to me. This appeal is bogus.
by peggysue69 on Jun 10, 2010 9:05 PM PDT via mobile up reply actions
Here's the report's description
a. Refraining from accepting any assistance from the individuals that would aid in the recruitment of prospective student-athletes or the support of enrolled student-athletes;
b. Refusing financial assistance or contributions to the institution’s athletics program from the individuals;
c. Ensuring that no athletics benefit or privilege is provided to the individuals, either directly or indirectly, that is not available to the public at large; and
d. Implementing other actions that the institution determines to be within its authority to eliminate the involvement of the individuals in the institution’s athletics program.
by SuperBruinMan on Jun 11, 2010 8:59 AM PDT up reply actions

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![Notre Dame fan gives us a picture of "Southern cal's youth, community conscious people and church groups." [ND Nation]. For a larger version of that 'artwork' click here.
GO BRUINS.](http://cdn0.sbnation.com/fan_shot_images/126499/4482414398_e5bed14eaf_o_small.jpg)














