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Baxter's Fabrication Likely Violated NCAA Bylaw: Suspension Coming ? (There Is A Precedent)

southern cal's AD Mike Garrett sent apology letters to 5 schools yesterday stating, after looking into the matter, that Dillon Baxter in fact did not receive phone calls from those institutions, as was alleged and  reported earlier from sc's compliance officer, allegations of which would be violations of  NCAA regulations.

Essentially, Garrett has strongly implied that Dillon Baxter fabricated these allegations. 

If Baxter did indeed lie about this, then it would appear he violated a NCAA Bylaw and would be subject to suspension by the NCAA:

NCAA Bylaw 10.1, which addresses “unethical conduct” and includes “Knowingly furnishing the NCAA or the individual’s institution false or misleading information concerning the individual’s involvement in or knowledge of matters relevant to a possible violation of an NCAA regulation.”

There is a precedent in this matter. Oklahoma St.'s Dez Bryant was ruled ineligible by the NCAA for most of the 2009 season for violating this very bylaw when he lied to the NCAA about being in contact with Deion Sanders (which was, in of itself, not a violation per se).

It would seem that Baxter's fabrication would meet the criteria for a violation of this bylaw, as he apparently gave false information to his own institution regarding matters relevant to a possible violation.

So, NCAA, now that 5 schools have been publicly slandered due to false information given by one of your student athletes, how are you going to handle this?

Star-divide

UPDATE:  If we are to believe Mike Garrett (and that should be done at your own peril), then it would seem that the sc compliance official involved was at the very least negligent in doing their due diligence and investigating this matter, which would have entailed performing a procedure that any moron could do in about 5 minutes. At the very least, sc deserves a public reprimand from the NCAA and the Pac 10, similar to what happened last year with Tennessee and the SEC. At the VERY least.

As far as Baxter is concerned, the precedent was laid out last year when Dez Bryant lied to the NCAA and was ruled ineligible (for at least 6 games IIRC). In my opinion, Baxter’s fabrication was much worse in that he pulled in 5 other institutions with his lie. The NCAA should hand down a punishment that exceeds the one it gave Bryant last year.

Moreover, if Baxter does receive punishment from the NCAA in the form of a suspension, and if, in fact, Kiffin and co. took a more active and complicit role in this fabrication, then I guess the discussion shifts towards Baxter getting completely worked over by his trogan family.

This story has so many potential layers to it. It could get very interesting

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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Wouldn't this merit something more than suspension

I mean these guys are already on the clock with the current NCAA violations. Joe McKnight has not been even resolved yet. Seems like it should be lot more than suspensions, especially given it doesn’t seem likely that this was just an isolated prank by Baxter.

by Nestor on Jul 8, 2010 8:48 AM PDT reply actions  

Certainly deserves more than just a form apology letter

from an AD.

"I don't forget very much" Rick Neuheisel, 11/28/09

by Blue Me on Jul 8, 2010 8:50 AM PDT up reply actions  

I doubt it

The school did exactly what the NCAA wants it to, which is to take complaints about compliance seriously. That the kid’s accusations ended up being lies only implicates Baxter and not the institution, which was only doing its duty. After all, Oklahoma State got no penalties for Dez Bryant’s actions last year.

If it were to be shown, hypothetically, that someone at the school exerted influence over Baxter to make those false accusations, then something worse than just suspending the player would be in order.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 8, 2010 9:09 AM PDT up reply actions  

Well

It was the school that believed Baxter’s accusations without doing basic followup (i.e. ask for phone records to validate this allegations) and promptly fired off a letter and launched PR attacks against other schools (right when the NCAA sanction story was exploding).

It is more than a reasonable argument that the school had a duty to exercise some basic due diligence in fact checking the Baxter’s allegations (given Kiffin’s well known track record) before drawing other schools into the mess. So yes, the school in this case did have a responsibility IMO.

by Nestor on Jul 8, 2010 9:14 AM PDT up reply actions  

Also

sc stood to benefit from the story in the media and thus had an incentive to ignore their duty to perform due diligence or even fabricate this story themselves.

My question is, why would Baxter fabricate this on his own? We hadn’t heard that he was decommitting from sc in the media so I somewhat doubt he felt the need to invent a “cover story” for speaking with a UF coach. Either way, SOMEONE behind this story is dirty, and that person wears keptchup and mustard. I want to see some punishment.

by Chris09 on Jul 8, 2010 9:22 AM PDT up reply actions  

It doesn't take a genius

For compliance officials to ask Baxter for his cell phone records or advise AD officials to not file that letter until they had citations via the cell phone records. It is basic common sense professionalism. They failed at that.

by Nestor on Jul 8, 2010 9:26 AM PDT up reply actions  

That's what I'm saying

Proving Baxter’s story would have been so easy, I find it hard to believe they just took him at his word and ran to the media because they’re dumb. Seems more likely they chose not to find proof (or proceed knowing there was none) just to get some negative attention for someone other than themselves.

by Chris09 on Jul 8, 2010 9:38 AM PDT up reply actions  

Don't write off they are just plain dumb

These are a bunch of clowns. The fault runs all the way up to Sample through Garrett. Their compliance staff consists of a herd of lawyers and faculty. When the compliance program actually does something—one of its minions falsely accuses a slew of schools of misconduct. I can’t prove why this ethical clown show did what it did but I refuse to eliminate dopey dumbness as the cause of their ineptitude.

Don’t confuse the fact they have owned us in football (in part because they cheated) with the fact they may be utterly dumb.

by peggysue69 on Jul 8, 2010 10:51 PM PDT via mobile up reply actions  

Yep

If we are to believe Mike Garrett (and that should be done at your own peril), then it would seem that the sc compliance official involved was at the very least negligent in doing their due diligence and investigating this matter, which would have entailed performing a procedure that any moron could do in about 5 minutes. At the very least, sc deserves a public reprimand from the NCAA and the Pac 10, similar to what happened last year with Tennessee and the SEC. At the VERY least.

As far as Baxter is concerned, the precedent was laid out last year when Dez Bryant lied to the NCAA and was ruled ineligible (for at least 6 games IIRC). In my opinion, Baxter’s fabrication was much worse in that he pulled in 5 other institutions with his lie. The NCAA should hand down a punishment that exceeds the one it gave Bryant last year.

"I don't forget very much" Rick Neuheisel, 11/28/09

by Blue Me on Jul 8, 2010 9:59 AM PDT up reply actions  

Moreover

If Baxter does receive punishment from the NCAA in the form of a suspension, and if, in fact, Kiffin and co. took a more active and complicit role in this fabrication, then I guess the discussion shifts towards Baxter getting completely worked over by his trogan family.

This story has so many potential layers to it. It could get very interesting.

"I don't forget very much" Rick Neuheisel, 11/28/09

by Blue Me on Jul 8, 2010 10:45 AM PDT up reply actions  

Blue

So many great observations here. You should package them as an “UPDATE” to your post. Obviously we are going to bump this up on the home page.

by Nestor on Jul 8, 2010 10:54 AM PDT up reply actions  

Tough call

In Dez Bryant’s case, the NCAA approached the player and asked him questions. OSU was not directly involved in the initial investigation.

In Baxter’s case, *$c approached the NCAA with false allegations, making the institution directly involved in advancing false accusations. Whether the NCAA holds *$c responsible for the accuracy of its report remains to be seen.

greg in denver - UCLA guy for life

by gbruin on Jul 8, 2010 9:32 AM PDT up reply actions  

The language of 10.1 is clear:

“…Knowingly furnishing the NCAA ,or the individual’s institution…

The NCAA has Baxter dead to rights if it chooses to pursue this matter. Maybe the NCAA uses this and the McLandRover scandal as leverage to get SCum to back off on their appeal.

by Ajax on Jul 8, 2010 10:47 AM PDT up reply actions  

I suppose anyone can ask anyone else to do just about anything. But can anyone force them to?

My guess is that the NCAA owes no duty to anyone other than its member institutions and maybe to the athletes who are subject to its rules. A lot of trOJies think McNair has a great defamation case against the ncaa, and I would love to see that case filed. Think of how those depositions would go.

I think there has to be legally cognizable damage. Aside from feeling that people in general have when someone gets away with murder (to continue the analogy using a certain trOJan), I don’t see Joe Fan as having suffered damage. But someone subject to the rules? An athlete? Why not? Joe Sun Devil says that his team would have gone to a great bowl but for just$c*’s cheating, and that great bowl cost him recognition nationally and a chance to get drafted. I think that could conceivably state a cause of action for interference with prospective economic advantage, unfair competition, things like that. The damages are awfully speculative, though.

by Fox 71 on Jul 8, 2010 1:02 PM PDT up reply actions  

"choosing to pursue the matter"

Definitely the right choice of words.

In my estimation, this is the latest in SC’s calculated moves to inundate the NCAA with potential rules violations, effectively paralyzing the investigative arm under a mountain of reports.

The best thing you can do for your children is to love their mother. John Wooden

by MexiBruin on Jul 8, 2010 12:59 PM PDT up reply actions  

Technicalities

For anyone who wants it, the whole text of the bylaw in question is here. Section (d) is what applies here.

It’s worth noting that USC’s compliance officer asked the Pac-10, not the NCAA, to contact the accused schools to tell them not to talk to Baxter. Publicizing that action before verifying the information is dirty, but if USC didn’t file anything with the NCAA over this, I don’t think it violates any bylaws. Otherwise, Kiffin would have gotten something for falsely accusing Meyer of a recruiting violation last year.

It boils down to this: Baxter’s on the hook for his actions because he gave the institution bad information. That constitutes “unethical behavior” under bylaw 10.1 (d). USC doesn’t appear to have made a formal complaint with the NCAA (only with the Pac-10), so it didn’t officially give the NCAA bad information. That will probably keep the school from being found liable.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 8, 2010 11:19 AM PDT reply actions  

No

Which is why every conference gets to make its own rules regarding off-the-field matters, employ its own refs, and negotiate its own TV contracts.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 8, 2010 11:29 AM PDT up reply actions  

That is a good point

It is a reason why in our posts we have specifically put the onus on Larry Scott (see our post from yesterday). Still when it comes to the NCAA, context matters when they are examining the behavior of a particular institution. Especially in the case of Southern Cal, where NCAA still has to address issues such as Joe McKnight, context for them will matter in deciding whether Trogans have shown any shred of responsibility in getting their renegade athletic department under control. Just hiring few compliance peons and serve them as window dressing to the media doesn’t constitute exercising institutional control.

by Nestor on Jul 8, 2010 11:29 AM PDT up reply actions  

Yes

Very good points all around. I’ll be interested to see if the Pac-10 takes any action.

Still, if you get to the section of the bylaw I linked to headlined Institutional Control, one of the things the NCAA requires is that “On learning that a violation has occurred, the institution takes swift action.” If USC even got to the point of being questioned on an institutional level about the Baxter matter, it would probably argue that it had no reason to believe that the player lied and that sending the letter to the Pac-10 was a part of its “swift action.”

It’s a CYA argument that would be at least 50% spin, but it might be enough for the NCAA. You never know with those guys from one case to the next.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 8, 2010 11:36 AM PDT up reply actions  

Yeah, should be interesting

It’s definitely a CYA but will the NCAA be in listening mood given the way they have been assaulted by the Trojans in recent weeks?

BTW … some great posts on your blog on Kiffin last couple of days.

by Nestor on Jul 8, 2010 11:49 AM PDT up reply actions  

Baxter knowingly furnished an NCAA member institution with false information

Should SC be punished?

Not if they adequately punish Baxter for five counts of violating NCAA rules and there is not evidence they informed the NCAA of anything wrong.

However, if an individual athlete breaks NCAA rules multiple times and is not punished, isn’t that the definition of lack of institutional control?

From all accounts, Baxter will not miss any games or receive any discipline for this. That is where SC is skirting NCAA laws. The NCAA counts on members to police their own athletes. If SC lets this slide, than the clearly aren’t doing so.

by silverlakebruin on Jul 8, 2010 11:42 AM PDT up reply actions  

True

Quoting the bylaw:

A. Violations do not result from a lack of institutional control if:

4. On learning that a violation has occurred, the institution takes swift action.

B. The following actions are likely to demonstrate a lack of institutional control if:

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…

Now that USC has learned that a violation has occurred, it must take “swift action” to “make clear by its words and actions” that the player who broke the rule is disciplined.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 8, 2010 11:51 AM PDT up reply actions  

And then I predict

southern cal will pull a McKnight maneuver and say that Baxter “misspoke” and that it was all just a silly misunderstanding. Case closed.

The NCAA hopefully won’t let Baxter off the hook here, and, using the Bryant precedent, hand down their own punishment, without waiting for sc to drag their feet with their own joke of an investigation and discipline. I’m sure the folks over in Gainesville, Tuscaloosa, and even in Stillwater would have a keen interest in how the NCAA handles this.

"I don't forget very much" Rick Neuheisel, 11/28/09

by Blue Me on Jul 8, 2010 12:25 PM PDT up reply actions  

Ah, great point on it being the conference, not the NCAA

You don’t suppose that’s where they reported this on purpose? Just to make sure they didn’t run afoul of any NCAA bylaws, but still able to claim due dilligence?

Nah.

greg in denver - UCLA guy for life

by gbruin on Jul 8, 2010 11:27 PM PDT up reply actions  

The waters getting deeper

i love it!

"Success is never final, Failure is never fatal. It's Courage that count's"
John Wooden.....

by TheUclan on Jul 8, 2010 1:43 PM PDT reply actions  

I'm not kidding when I ask this ...

Does anyone else get the feeling that Mike Garrett simply does not know the rules?

I’d be willing to bet that when he blamed Baxter publicly for the snafu, he thought he was getting himself and the school off the hook, without even realizing he was accusing Baxter of breaking an NCAA violation.

The single most telling part of the entire SC scandal (to me) is the fact that SC had only one compliance officer. It’s not just that SC knowingly breaks the obvious rules, then don’t even know the less obvious rules and have no idea if they are breaking them or not.

by Achilles on Jul 8, 2010 2:30 PM PDT reply actions  

I'm with you

I don’t think he knows the rules and don’t think he has ever cared to learn them. I am sure he never even thought of that when he sent out those apology letters.

Oblivious, party of one, your table is ready!

"The entire world that bleeds blue and gold ... they have been dying for this." - Coach Rick Neuheisel

by uclafan11 on Jul 8, 2010 2:35 PM PDT up reply actions  

From Wikipedia

LOL

After his professional football career, Mike Garrett earned his Juris Doctor from Western State University College of Law in 1986, but never took the bar exam.

"The entire world that bleeds blue and gold ... they have been dying for this." - Coach Rick Neuheisel

by uclafan11 on Jul 8, 2010 4:30 PM PDT up reply actions  

Western State University?

What the heck is that?

by Nestor on Jul 8, 2010 6:27 PM PDT via mobile up reply actions  

In San Diego

When I was at USD Law, it was unaccredited. I think it’s accredited now.

by Fox 71 on Jul 8, 2010 6:49 PM PDT up reply actions  

Fullerton, in Orange County, Southern California.
Founded in 1966, the law school has a large base of 10,000+ alumni and a strong presence in the private and public legal sectors in California and the West.

“Alumni Hall of Fame” listing:

MICHAEL GARRETT
Class of 1985
Director – University of Southern California’s
Athletic Program

by LA Bruin on Jul 8, 2010 7:23 PM PDT up reply actions  

So then answer is

ZERO times

"The entire world that bleeds blue and gold ... they have been dying for this." - Coach Rick Neuheisel

by uclafan11 on Jul 8, 2010 4:31 PM PDT up reply actions  

He's not that Michael Garrett ...

Legal Experience: 36 years
Law School: University of Georgia
Jurisdictions: 11th Circuit, Georgia

SC should hire this guy!

by LA Bruin on Jul 8, 2010 4:48 PM PDT up reply actions  

Easy defense for SC....

“We took his word for it, just like we always have — with Carroll, with Bush, with McKnight & Schenker, with OJ. Given that we recruit with an emphasis on character, isn’t this exactly what we should do?”

by ucla7477 on Jul 8, 2010 2:39 PM PDT reply actions  

How did USC find out about the contact?

I can think of one way that would put all the blame on Baxter (if naivete carries no blame).

Of course I think they are dirty, I just think they might be dumb enough to have been fooled.

by layout on Jul 8, 2010 3:31 PM PDT reply actions  

OC Register said they are doing a story on the letters in tomorrows paper

I posted the Baxter situation on the SUC blog on the register, and the writer said they were doing a story on it tomorrow. It would be shocking if it were critical of SUC, but we will see:

http://usc.ocregister.com/2010/07/08/usc-football-assessing-the-damage/42397/#comments

by silverlakebruin on Jul 8, 2010 3:54 PM PDT reply actions  

I'd bet it'll be a satirical spin job

in which they point out that Baxter didn’t steal a purse, at which point their fact-finding and analysis will end.

by Chris09 on Jul 8, 2010 4:00 PM PDT up reply actions  

Another one

bites the dust!

"The entire world that bleeds blue and gold ... they have been dying for this." - Coach Rick Neuheisel

by uclafan11 on Jul 8, 2010 11:15 PM PDT up reply actions  

...the opportunity came to go...

Is that what they teach in Senora Ross’ class?

by BruinFanGA on Jul 9, 2010 3:15 AM PDT via mobile up reply actions  

I know what you're thinking, Bruingirl

but there is no way that UConn pays football players more than just$c* pays them. (Basketball would be a different story, probably.) I think he’s eating the pay cut to get a chance to play, thinking he’ll get drafted higher.

by Fox 71 on Jul 9, 2010 9:11 AM PDT up reply actions  

One Thing:

If Baxter fabricated this all on his own, (which I personally don’t believe), what was in it for him? Seriously, what would he actually get out of making this up?

Love My Bruins

by Bruingirl83 on Jul 9, 2010 9:09 AM PDT reply actions  

That's not what happened

U$C* learned that Baxter had contact with Florida. They didn’t know who initiated it. Thinking that Baxter is a Trogan through and through, they assumed it was Florida. They were so excited at the prospect of the whole “see, everybody else does it” idea that they jumped on it and added a bunch of schools to the list. Or, they asked Baxter and he lied and made the list up to protect himself. In any case, the school didn’t do its due diligence.

But hey, what do I know. I’m just the 800 lbs bruin in the room.

by tasser10 on Jul 9, 2010 9:22 AM PDT up reply actions  

What I'm Saying

   The very idea that Baxter and Baxter alone came up with this story makes no sense, because he gains absolutely nothing.

  That, given Year 2’s very insightful point about the “relationships” between the four big schools to Lame, plus the fact that he wasn’t allowed to become the starting QB at the fifth in his playing days, creates a scenario where the “scapegoat,” if you will, has no stake whatsoever, while the hapless u$c “victims” have all the motive in the world.

   This is the worst job of subterfuge in history.

Love My Bruins

by Bruingirl83 on Jul 10, 2010 5:11 AM PDT up reply actions  

I see what you mean

but I thought Baxter did in fact contact Florida himself…so that throws a wrench in the whole thing for me.

But hey, what do I know. I’m just the 800 lbs bruin in the room.

by tasser10 on Jul 10, 2010 2:58 PM PDT up reply actions  

I asked an expert

I asked the author of the Bylaw Blog for thoughts on this matter, and they seem to think that this is not a violation.

The bylaw in question is about conduct during an investigation already in progress, not something that happens outside of one. Because Baxter’s accusations did not come as a part of an existing investigation, it doesn’t really apply. There is no bylaw against crying wolf, it seems. There’s more in the full article.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 9, 2010 9:32 AM PDT reply actions  

Thanks for the link, Year2

and all your updates on this. Much appreciated.

So it seems that crying wolf may not be an NCAA violation (though the SEC still slapped Kiffy wrists in TN for doing it). But we remember what happened to the boy who cried wolf in the end, too.

greg in denver - UCLA guy for life

by gbruin on Jul 9, 2010 10:06 AM PDT up reply actions  

The reprimand from Mike Slive was related to an SEC-specific rule that requires all complaints from one school about another to be lodged quietly with the conference before being aired publicly. It’s in place so that differences can be worked out behind closed doors in a civilized manner without the conference’s dirty laundry being aired for all to see. I don’t know if the Pac-10 has a similar rule.

Team Speed Kills
SBNation's SEC Blog

by Year2 on Jul 9, 2010 10:12 AM PDT up reply actions  

It probably does

The complaints are in a shoebox under the commissioner’s desk. Except for just$c*. Those have just about filled up the old blimp hangar at Moffatt Field.

by Fox 71 on Jul 9, 2010 10:44 AM PDT up reply actions  

Then they should launch an investigation

Interview Baxter and the compliance official separately. Allow Baxter to clear the air and tell them what happened, and what he told his compliance official and/or coaches. Any inconsistencies will show that someone is clearly lying. They already know what the compliance official reported to the Pac 10.

A couple of 10 minute interviews and a quick check of phone records and this thing comes into complete focus. Easy.

If the NCAA is too busy to look into this, then I guess this type of unethical behavior from one of its student athletes and/or institutions is deemed status quo.

"I don't forget very much" Rick Neuheisel, 11/28/09

by Blue Me on Jul 9, 2010 11:02 AM PDT up reply actions  

It's certainly status quo at that place.

Now telling the truth – that would be a shocker.

by Fox 71 on Jul 9, 2010 4:56 PM PDT up reply actions  

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