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Calling all lawyers

Mere "contact" with an agent is not against NCAA rules. But bylaw 12.3.1 states a student-athlete is ineligible if he or she agrees (orally or in writing) to representation or ...

"He or she (or his or her relatives or friends) accepts transportation or other benefits from: (a) Any person who represents any individual in the marketing of his or her athletics ability. The receipt of such expenses constitutes compensation based on athletics skill and is an extra benefit not available to the student body in general; or (b) An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete's sport."

  So, you can be declared ineligible by your friends or relatives accespting things from agents?  I don't think even the venerable NCAA can deprive someone of property or other rights based on the misconduct of friends.  This is one the most vague and broad based rules I have seen in over 28 years of practice.  Any thoughts? 

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He wasn't suspended by the NCAA, though.

He was sent home by CNS. And he has higher standards. Whatever happened was clearly a violation of team rules that Andre was unable to explain away. No lawyering necessary.

by rugman11 on Dec 30, 2008 11:27 PM CST reply actions   0 recs

I don’t think even the venerable NCAA can deprive someone of property or other rights based on the misconduct of friends.

They can and do. First, nobody has a “right” to NCAA eligibility, it’s a privilege granted at the NCAA’s sole discretion. Second, this isn’t criminal law, it’s contract law. The players agreed to these rules at the outset and now they have to follow them. The NCAA could’ve made a rule saying that if Phoenix sets a record high temperature in March, everyone loses their NCAA Eligibility — just because the players have no control over the weather doesn’t mean the NCAA can’t put that clause in a contract, and the players have FAR more control over their friends and family than they do the weather.

The problem is that if the rule isn’t this broad the players just do their dealing through third parties (friends or family). It’s not as though the NCAA just jumped straight to this, it’s a game of cat and mouse, and rules were written like this to counter-act the ways that athletes were getting around the rules.

Now, would the NCAA actually impose sanctions if there was a lot of compelling evidence that the friend/family member acted alone, without the knowledge or consent of the athlete? There’s no telling . . . but they’re certainly within their rights to do so.

by PeteHoliday on Dec 31, 2008 12:58 AM CST reply actions   0 recs

I

understand exactly what you’re saying, good post. My only problem with the NCAA is what seems to be selective enforcement of the rules. The most glaring example I can think of is the Reggie Bush situation. I’m certainly not well versed in NCAA rules but that sure seemed like a blatant violation to me. Bush’s parents were living in a nice rental home in Cali they clearly couldn’t afford in exhange for some agency that Bush had at least verbally agreed to have them represent him. Then after Bush tried to back out of the deal, they filed suit against him. How can they justify filing suit if there was no verbal or written agreement? Can it get more clear cut than that?

Thirty-Six to Nothing

by Bens4vcobra on Dec 31, 2008 8:15 AM CST up reply actions   0 recs

I am no lawyer but i do have common sense.

It has been pretty obvious to me that the NCAA went on a witch hunt about 10 years ago targeting the SEC. Bama, UK, and MSU all were hit with pretty tough penalties all about the same time. Now were all three schools guilty? Heck yeah and they should have been punished. But the fact that the NCAA turns a blind eye to other “big time” programs such as USC or FSU ,who are clearly playing outside the guidelines, shows me they don’t really care about the rules…just who is breaking them..You’re telling me PSU, OSU, ND, FSU, UF, Texas etc have all been squeaky clean? Im not sure who is on this NCAA committee but they should have new elections..

When you are an Alabama fan you are expected to hate Auburn, I hate Tennessee because I want to.

by bammer on Dec 31, 2008 9:50 AM CST reply actions   0 recs

This

is only hearsay but a certain radio personality here in Mobile (former player, newscaster) said basically that Alabama has had a pattern of severly mishandling compliance issues (Langham) and that is why ‘Bama seems have been forever on the radar. He bases this on a conversation he had with an NCAA official. Its not necessarily the violation itself but what you do afterwards that can really get you in trouble. Maybe other school’s compliance depts have just done a much better job than ours has in the past. Who knows…

Thirty-Six to Nothing

by Bens4vcobra on Dec 31, 2008 12:26 PM CST up reply actions   0 recs

It's all perception
A certain radio personality . . . said basically that Alabama has had a pattern of severly mishandling compliance issues (Langham) and that is why ‘Bama seems have been forever on the radar. He bases this on a conversation he had with an NCAA official.

This could just as accurately be written as: “An NCAA official told a certain radio personality that they think that Alabama has had a pattern of severely mishandling compliance issues.” In other words: it’s hearsay of an opinion being presented as objective fact.

Does Alabama’s athletic department do a better or worse job than any other school’s? Don’t know. Doesn’t matter. All that matters is what the suits at the NCAA think, and it’s pretty clear that they don’t trust us. Doesn’t even matter why. We know it, and we have to operate 100% clean, or we’re going to get smacked down.

Should they be paying attention to everyone? Absolutely. Should everyone be subjected to the same standards? Absolutely. But you’re talking about an organization that doesn’t even follow the rules it has written down for itself, you can’t honestly expect them to abide by a common sense of fairness.

by PeteHoliday on Dec 31, 2008 1:12 PM CST up reply actions   0 recs

Pete

you are exactly right. For whatever reason, and it could actually go all the way back to Bear and how he was never caught in violation at Bama (but he had been caught at A&M and they felt sure he was still buying players at Bama). And it could be related to how Bear sued the now defunct Saturday Evening Post for a story on fixing football at Bama, and how the story was proven wrong and he won the suit. Then seeing how powerful the Bear really was the NCAA was perhaps afraid of him, and when he left they were ready to get Bama. And even though you couldn’t find a nicer guy than Stallings he was a friend of Bear and Dubose played for Bear and even Saban reminds people of Bear and PBJ sure likes him a lot etc.

It could go that far back, but whenever it started right now the NCAA is really the National Committee Against Alabama. And so Saban being smart knows that Alabama must play super squeaky clean and even a hint of improper anything will be met by swift and decisive action as in last years text book thing which some schools would never have even reported at all. So that is the way it is at Alabama. We will take action others would never take and even if it cost us a game, and the text book thing sure hurt us down the strech with ULM and MSU.

The truth is if Andre is at USC right now he his getting ready to play in the Rose Bowl. But here he is gone…no discussion. That is where we are for now and will be for some time to come.

by 5026 on Dec 31, 2008 2:03 PM CST reply actions   0 recs

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