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UA officials considering an appeal.

ed- bumped from the fanposts

http://sports.espn.go.com/ncf/news/story?id=4255376

 

"We will carefully consider our options regarding an appeal," Alabama athletic director Mal Moore said in a statement after the NCAA announced the sanctions. "The ruling does not hinder our efforts going forward -- in recruiting or in competition -- but the ruling is a clear reminder that we must maintain strict compliance with all NCAA regulations."

 

This is great and all but I'm not sure if this case fits...

 

However, the NCAA modified the grounds for reversing a ruling on vacated wins in January 2008 to require institutions to show that the Infractions Committee demonstrated "abuse of discretion" in its ruling. Other grounds include that the committee's decision was contrary to evidence, that no infraction was committed or that the committee made a procedural error.

Well since we didn't argue the facts of the case, im not sure we will change the NCAA's mind.

Seems though UA isn't all that happy with the NCAA..

Moore and University President Robert Witt both called the ruling "disappointing."

"There was absolutely no competitive advantage gained," Moore said. "All of the books were returned."

Sorry Mal, saying "all the books were returned" doesn't help our case all that much...Its kinda like saying..."Well even though I stabbed her 15 times...I took her to the hospital"..

I'm not sure who "Dee" is (ed- Paul Dee, Chairman of the COI) but he sounds like a Douche..I'm sorry...if a violation is to be considered "major", shouldn't there be some evidence that the team gained some advantage?...

 

Dee, however, had a different interpretation of what represents a competitive advantage.

"I don't know that someone has to kick a field goal or score a touchdown for that to make a difference," he said. "The question is were players who were ineligible because they took impermissible benefits able to play? And if so, you need to vacate those wins."

 

I'm actually hoping we don't appeal. FSU has looked silly trying to get their wins back  And when its all said and done, everyone will know who won those games...

Poll
Should we appeal or just let it go?
Let it go
218 votes
Appeal...I want those wins back!
138 votes

356 votes | Poll has closed

FanPosts are just that; posts created by the fans. They are in no way indicative of the opinions of SBN and the authors of Roll Bama Roll.

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The difference...

…between these wins and the wins we vacated from 1993 is that then, we knowingly played a student-athlete who had committed a violation without notifying the NCAA. This time, guys played because we had no idea a violation had been committed, and we informed the NCAA as soon as we discovered the problem, then we suspended them until the NCAA said they were OK to play.

As I’ve said before, I don’t really care that much about the vacated wins. That said, it’s still b.s., and I don’t see that we have much to lose by the appeal. My advice is to do whatever CNS says to do. Actually, that’s my advice for everyone at all times.

by NiceLittleSaturday on Jun 16, 2009 2:52 PM CDT reply actions   0 recs

Do you think

it has to do with there being more players involved than players suspended? There were 5 suspended and 7 or 8 involved total (right?) were the other 2 or 3 players just not around when bama found out or did the athl dept just not know they were involved until after they self reported?

Personally I wouldn"t bother with the appeal. The only tough part of the penalty is longer probation and if you guys get your ducks in a row like Mal has promised you have then that shouldn’t be a problem. NO reason to keep dragging it up.

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 16, 2009 3:15 PM CDT up reply actions   0 recs

"no reason to keep dragging it up"

that’s what you have us for : )

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 16, 2009 3:16 PM CDT up reply actions   0 recs

IMO...

…it will be dragged up whether or not we appeal, so what’s the harm in trying to soften the blow?

by NiceLittleSaturday on Jun 16, 2009 3:25 PM CDT up reply actions   0 recs

It was 7 total...

…one of which had graduated and one of which had left the team before the violations were discovered.

by Todd on Jun 16, 2009 3:18 PM CDT up reply actions   0 recs

Ah

that explains it. thnx

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 16, 2009 3:19 PM CDT up reply actions   0 recs

Probation is not the “tough part”, probation is pointless and does nothing except make our compliance staff work harder. The major violation itself is the tough part because it resets the repeat-offender timer, but we’re not going to get rid of that no matter how well we appeal.

The vacated wins, though, are ridiculous. OU arranges fake employment for their QB and gets to keep their wins, a few ’Bama kids get some free loaner textbooks for some friends and we lose 20 games? Dumb.

by PeteHoliday on Jun 16, 2009 4:07 PM CDT up reply actions   0 recs

I assumed

the “repeat offender status” was part of the probation.

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 16, 2009 4:23 PM CDT up reply actions   0 recs

It’s actually really easy to figure out that that’s not true. Even if you haven’t read a single post here at RBR, Repeat Violator status and probation are very well defined in the NCAA Manual, which is available for free online in searchable PDF format.

by PeteHoliday on Jun 16, 2009 5:00 PM CDT up reply actions   0 recs

Thanks professor

I wasn’t trying to be an asshole, but I guess you just can’t turn it off.

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 16, 2009 5:04 PM CDT up reply actions   0 recs

You have my sincerest apologies for assuming that you actually care to know what you’re talking about before you start posting comments. I won’t make that mistake again, I promise.

by PeteHoliday on Jun 16, 2009 5:34 PM CDT up reply actions   0 recs

there you go again

but what should I expect from a guy who uses a pic of himself in a tuxedo in his profile.

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 8:47 AM CDT up reply actions   0 recs

Look, this isn’t TET. We actually expect people to make a good-faith effort to have a clue what they’re talking about.

I and others have posted numerous comments that there’s a difference between probation and RV status. It was prominently mentioned in a front-page post about the sanctions (one that was linked to on a not-insignificant number of other sports blogs).

It’s not some sort of insider secret. It’s a fundamental part of the NCAA’s infractions framework and it’s not a difficult thing to figure out if you have any interest in knowing what you’re talking about.

That said, If it makes you feel better to call me an asshole for trying to give you more information so you don’t go around posting ignorant comments, be my guest — you’re not going to hurt my feelings — but don’t think anyone (except maybe your fellow barners) is going to consider you the victim here. All I did was point out a few places you could’ve found the information so you wouldn’t have had to assume incorrectly, you’re the one who wanted to make it personal.

by PeteHoliday on Jun 17, 2009 9:45 AM CDT up reply actions   0 recs

I appreciate the info

I really do. It is the pompous, self-righteous manner in which you give it that I could do without. Sorry I don’t have time to read every post/comment on the site.

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 10:35 AM CDT up reply actions   0 recs

It’s a simple fact of the internet that the demeanor you impute to the author of a comment above and beyond what is actually written says far more about you than it does the author. Put another way: I can’t help what you assume my intentions are with a post, and I’m not going to start kissing your ass or using lots of smileys just so you don’t get your feelings hurt.

Let me demonstrate:

It’s actually really easy to figure out that that’s not true.

I assume that you know that you could find the information out if you really wanted to and that the reason you didn’t bother was because you figured it would be difficult or time-consuming to find and, thus, not worth the time. It turns out this isn’t actually the case.

Even if you haven’t read a single post here at RBR

Simply pointing out that it doesn’t require special knowledge or tons of reading — hell, if I can figure this stuff out, anyone can. Also, pointing you in the direction of a FAQ of sorts about ’Bama’s sanctions, which you seem interested in.

Repeat Violator status and probation are very well defined in the NCAA Manual

It should not be shocking for anyone to learn that not everything is well-defined in the NCAA manual, but this particular distinction is.

which is available for free online in searchable PDF format

Just pure information here. I thought for sure that I had included a link to the NCAA manual, but I guess I didn’t. That said, just googling “NCAA Manual” returns a link to that document.

I don’t actually expect you to admit that most of your reaction came from the way you read the comment as opposed to what I actually wrote, but it’s something to consider in the future before you jump to conclusions.

I don’t mind being called an asshole, but I’d at least appreciate the opportunity to earn the title.

by PeteHoliday on Jun 17, 2009 11:12 AM CDT up reply actions   0 recs

Duly noted Counselor

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 12:51 PM CDT up reply actions   0 recs

I WANT THE TRUTH!

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 17, 2009 1:07 PM CDT up reply actions   0 recs

see pete

if you’d of just gone with here

you’d of been able to impart the information you tried to through reason, AND get to be a dick at the same time…

i love “let me google that for you”…

welcome to the SEC kiffykins...

by tempebamafan on Jun 18, 2009 11:10 AM CDT up reply actions   0 recs

Heh

“My advice is to do whatever CNS says to do. Actually, that’s my advice for everyone at all times.”

I’d have to agree, the fan base and administration should shut up and drink the Saban Kool Aid for now, we’re lucky to be in the position we’re in and let’s not screw it up.

by Bobby Briggs on Jun 16, 2009 3:33 PM CDT up reply actions   0 recs

Cecil Hurt is one of the few Sports Columnists that I have a great respect for...

He raises a question in his latest column that I think we should demand to have answered by the NCAA in an appeal.

Specifically, “…(W)hy should the results of that season (prior to October(2007)) be disallowed if no advantage was gained?”

The prescribed penalty of the “Textbook 5” was a four game suspension, which they served (and which cost us dearly record-wise). If that was the prescribed penalty for the infraction, why are they now going back and vacating the other games of that season?

It isn’t that I think any of these were great seasons that should be preserved for future generations sake or any nonsense like that (the 10-win season doesn’t even have an SECCG to vacate). It is simply, “If you sentence me in order to punish the crime, you can’t then go back and change the punishment because you now think you weren’t harsh enough.”

Personally, I think it is completely ridiculous that we discover the problem, we report the problem to the NCAA, we investigate the root cause and follow every thread to its end (AT OUR OWN EXPENSE), we report all of our findings to the former AD of the freaking University of Miami and his cronies, and we get stomped like a diseased cockroach (AND PAY THEM TO DO IT). It’s one thing to strive to run a clean program (which I fully expect them to do). It is something entirely different to behave like some deranged suicidal masochist and provide the nails, the coffin, the loaded pistol, and dig the hole for your own burial.

I have to give Auburn some credit for one thing, when they got caught funneling Carnell and the Gang through the Sociology Department, their “internal investigation” could find “nothing out of the ordinary”! It didn’t cost them a dang thing (and won’t, I’m sure).
Our real problem is a lack of “tradition” in the world of cheating, I guess! We don’t know how to do it right the way like API.

by theotherend on Jun 16, 2009 3:50 PM CDT reply actions   0 recs

that should say "We don’t know how to do it the right way like API."

I can’t even type about that “school” without my fingers rebelling against me…

by theotherend on Jun 16, 2009 3:56 PM CDT up reply actions   0 recs

That is a pot shot

Looks like you’re well on your way to establishing one:

school leads the Football Bowl Subdivision with four major infractions cases in the last 14 years.
athletic department that will have spent 16½ out of 19 years in the NCAA’s repeat-violator window, from June 3, 1995, through Jan. 31, 2007, and from June 11, 2009, through June 10, 2014.

taken from y’alls favorite columnist here

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 16, 2009 4:27 PM CDT up reply actions   0 recs

It may be a pot shot...but it's a well-founded one

No other team has been on probation as much as your dear Plainsmen (although I will give you the point that we seem to be catching up quickly) and no school in the NCAA does a better job of “internal investigation” than Auburn. Other schools only wish they were as efficient at “sub-carpet relocation” as them.

Scarbinsky is a hack.

by theotherend on Jun 16, 2009 5:05 PM CDT up reply actions   0 recs

Kevin Scarbinsky...

….doesn’t give a Binsk about integrity.

by Todd on Jun 16, 2009 5:11 PM CDT up reply actions   0 recs

Yes he is

Him and some other SBN editors should start a blog together titled “Bullshit stories we make up to make ourselves feel better about sucking ass”

"When people fear their government, there is tyranny; when the government fears their people, there is liberty" - Thomas Jefferson

by BamaReturns07 on Jun 16, 2009 5:40 PM CDT up reply actions   0 recs

.com

"When people fear their government, there is tyranny; when the government fears their people, there is liberty" - Thomas Jefferson

by BamaReturns07 on Jun 16, 2009 5:41 PM CDT up reply actions   0 recs

It is simply, "If you sentence me in order to punish the crime, you can’t then go back and change the punishment because you now think you weren’t harsh enough."

Well said.

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 16, 2009 3:58 PM CDT up reply actions   0 recs

agreed

more and more I think about it, I have to agree with Vicki and say the vacated wins were horseshit. Glad we didn’t lose any schollies, but that doesn’t mean we have to be ok with over bearing penalties and un-earned vacation of any wins (especially 05/06).

"When people fear their government, there is tyranny; when the government fears their people, there is liberty" - Thomas Jefferson

by BamaReturns07 on Jun 16, 2009 5:40 PM CDT up reply actions   0 recs

Punishment

I think the whole reasoning behind the punishment is that the textbook 5 were receiving the benefits, and thus ineligible, before they were suspended. Surely, they weren’t STILL receiving the books/benefits DURING their suspensions, those were merely after-the-fact punitive actions required to (presumably) re-establish their eligibility. To me, the vacated wins are meant to be “punishment” for allowing those players, who were undoubtedly technically ineligible during the time, to play during those seasons. The fact that we did or didn’t know that they were ineligible doesn’t seem to matter—in our case at least, there’s a rule laid down that says “If you play an ineligible player in the game and win, you vacate that victory.”

If this rule were consistently enforced 100% of the time in all cases, I wouldn’t have a problem with it being thus applied in our case. However, it seems that a large number of previous cases have involved ineligible players playing in games that have NOT been vacated. In the case of the Oklahoma jobs, I think that violation was discovered in the off-season before any games were played that year. I’m guessing that OU’s internal investigation “discovered” that the jobs were only held during the off-season. If so, then dismissing the players from the team would be likely viewed as a sufficient reaction/punishment for the violations. It’ll be interesting to see, in future cases, if the NCAA strictly adheres to the rule they’ve established in this case.

The rule they’ve established here seems fair to me, so long as they apply it consistently. However, I may misunderstand this whole situation. If this vacated wins had little to do with the ineligible players actually playing and more to do with the “repeat offender” window or probation or whatever, then that changes the situation.

by Bama philosophe on Jun 17, 2009 10:59 AM CDT up reply actions   0 recs

there’s a rule laid down that says "If you play an ineligible player in the game and win, you vacate that victory.

To the best of my knowledge, there’s no such “rule”. It’s one option for punishment, but it’s not mandated.

by PeteHoliday on Jun 17, 2009 11:14 AM CDT up reply actions   0 recs

Ahh. I wasn’t sure. To me it seems logical to have some sort of minimal baseline punishment for playing ineligible players, namely, to vacate any wins in which they participated in. Punishment above and beyond that could be meted out based on the severity of the offense (getting extra books vs. getting paid to play, etc.) and other factors, be they institutional control, repeat offender, probation, etc.

by Bama philosophe on Jun 17, 2009 11:24 AM CDT up reply actions   0 recs

Yeah, the NCAA does a relatively poor job of consistently enforcing the rules. A few years back I did a relatively thorough analysis of all of the major violations since SMU’s Death Penalty and what I came away with was an overwhelming feeling that the NCAA just threw darts at a dart-board to determine punishments.

by PeteHoliday on Jun 17, 2009 2:17 PM CDT up reply actions   0 recs

and Pete

thats exactly what is wrong with the way the NCAA handles these violations. There needs to be a list of violations and the punishment for each. For first time violators, the punishment is not as harsh. For those that fall into the RV bracket, the punishment should get harsher and harsher. Thats not to say that this text book scandal is on the same level as paying players but you get the point.

The ncaa has the ability to hand down whatever sanctions they choose, and they aren’t forced to use guidelines…and that is messed up.

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 17, 2009 12:43 PM CDT up reply actions   0 recs

Funny thing is

I ddin’t know who “Dee” was but yet i was still correct on him being a douche…

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 17, 2009 10:38 AM CDT reply actions   0 recs

I didn't know...

…who Dee was either…I had to ask Rerun and Dwayne.

by NiceLittleSaturday on Jun 17, 2009 2:12 PM CDT up reply actions   0 recs

FTW

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 17, 2009 2:29 PM CDT up reply actions   0 recs

Dee is

Dennis’ twin sister. Sometimes referred to as Sweet Dee, she bartends at Paddy’s. In real life her and Mack are actually married.

 Did you know Dennis is from the gump? A buddy of mine had a beer with him in Sinclair’s over Xmas break the xmas right after the show premiered. Said he was a cool guy.

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 2:55 PM CDT up reply actions   0 recs

that was almost as random

as the “radio in the gump” thread..

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 17, 2009 3:05 PM CDT up reply actions   0 recs

Your child is...

…special, Mrs. Gump(town Tiger).

by NiceLittleSaturday on Jun 17, 2009 3:11 PM CDT up reply actions   0 recs

special enough to go to Alabama

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 3:29 PM CDT up reply actions   0 recs

You...

…went to Alabama?

by NiceLittleSaturday on Jun 17, 2009 4:50 PM CDT up reply actions   0 recs

Forest Gump did

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 4:52 PM CDT up reply actions   0 recs

no relation

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 18, 2009 9:29 AM CDT up reply actions   0 recs

"are you two brothers?"

"A demagogue is one who preaches doctrines he knows to be untrue to men he knows to be idiots." -H. L. Mencken

by Bens4vcobra on Jun 18, 2009 9:30 AM CDT up reply actions   0 recs

well

you better tuck that lip in boy before you get it caught on a trip wire..

‘When you build a house and you make it hurricane-proof by putting certain kinds of windows in it, and use cement instead of stick construction and all that kind of stuff, you’re getting prepared for what? A hurricane that may or may never every come." ’We’re going to have 12 hurricanes next year, we know they’re coming.’
- Coach Nick Saban

by bammer on Jun 18, 2009 10:00 AM CDT up reply actions   0 recs

http://en.wikipedia.org/wiki/It's_Always_Sunny_in_Philadelphia

"Jay Jacobs can't go to the bathroom without Bobby Lowder's permission" - Paul Finebaum

by GumptownTiger on Jun 17, 2009 3:28 PM CDT up reply actions   0 recs

i got it.

and that dude mac was dating? i’d do her.

welcome to the SEC kiffykins...

by tempebamafan on Jun 18, 2009 11:13 AM CDT up reply actions   0 recs

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