Another Nail In The NCAA's Coffin
March 25, 2015 10:14 AM   Subscribe

After years of fighting over keeping the records sealed, the NCAA has finally released to the public their internal documents on the Reggie Bush investigation, as part of the defamation lawsuit filed against the NCAA by former USC RB coach Todd McNair. The NCAA had argued that allowing the records to be unsealed would hinder future investigations, but such arguments were dismissed by the California courts, leading to the release.

The documents paint a picture of an enforcement arm that was more Star Chamber than impartial adjudication body:

“McNair should have all inferences negatively inferred against him,” Roscoe Howard, a former U.S. attorney and nonvoting member of the committee, wrote in a March 2010 email. “Credibility determinations are for this committee and this committee alone. As with all tribunals or fact finders, we need not say why we disbelieve him, we need only let the public, or whomever, know that we disbelieve him.”

Though other members of the enforcement committee were concerned about the ramifications of the push:

In the same email thread, infractions committee member Britton Banowsky seemed befuddled by the case against McNair.

“It is challenging for me to make the finding when there is no allegation that he personally was involved in any rules violations, or even had specific knowledge of any,” Banowsky wrote.

Myers replied she wasn't comfortable with accusing McNair of lying to the infractions committee.

“As Britton says, on this record it is hard to find that he was ‘involved' in anything,” she wrote.


Several committee members pointed to the hire of Lane Kiffin as head coach to be held against USC, with one comparing that to the hire by Miami of Paul Dee - the head of the infractions committee and an advocate of heavily punishing USC at the time, Dee would himself be mired in a recruiting scandal over his time in Miami a year later. Arguments were also put forth that Bush needed to be punished for his unwillingness to cooperate:

“But … it is inconceivable to me that an innocent person in Bush's situation with all that he has at stake, wouldn't come forward with the documents to prove his innocence,” Uphoff wrote. “Accordingly, we should hold him accountable. … Given the limited powers of the NCAA enforcement staff we emasculate them if we allow ex-athletes to refuse to cooperate and suffer no adverse inference from a failure to supply information under these circumstances.”

In addition, this release held back some of the most damaging of the records, including the emails that directly and savagely attacked McNair's character.
posted by NoxAeternum (32 comments total) 10 users marked this as a favorite
 
McNair should have all inferences negatively inferred against him

Presumably this makes more sense in the original Klingon.
posted by yoink at 10:17 AM on March 25, 2015 [32 favorites]


As with all tribunals or fact finders, we need not say why we disbelieve him, we need only let the public, or whomever, know that we disbelieve him.”

Huh? When a tribunal disbelieves one of my witnesses, I kind of like to know why.
posted by Bulgaroktonos at 10:35 AM on March 25, 2015 [3 favorites]


As a non-sports following MeFite, let me say that I'm not really sure what this is all about, and if someone wants to throw a quick NCAA 101 comment in here I'd find it useful.
posted by benito.strauss at 10:38 AM on March 25, 2015 [12 favorites]


As a non-sports following MeFite, let me say that I'm not really sure what this is all about, and if someone wants to throw a quick NCAA 101 comment in here I'd find it useful.

As part of the Bush investigation by the NCAA (which they still see as a feather in their cap), they went after McNair (Bush's position coach) in large part to shore up the testimony of Lloyd Lake, who has...issues with honesty. As a result, McNair sued for defamation, arguing that the NCAA maliciously attacked his reputation to preserve their case. He had been fighting for four years for these records to be released to the court record.

If McNair wins (and it's looking more like when now), this will severely undercut the NCAA's enforcement arm. Most likely, USC will demand reinstatement of the vacated wins and championships, and could potentially sue the NCAA for damages over the loss of scholarships. Furthermore, this could very well make any of the current enforcement investigations open impossible to resolve, as it's clear that the arm needs wide ranging reform.
posted by NoxAeternum at 10:49 AM on March 25, 2015 [5 favorites]


After watching John Oliver's report on the NCAA, it's clear the entire thing needs to be burned to the ground.
posted by five fresh fish at 10:55 AM on March 25, 2015 [10 favorites]


All it would take to topple for good the NCAA is for a group of college presidents from big sports schools to withdraw from the NCAA and form their own association.
posted by 724A at 10:57 AM on March 25, 2015 [1 favorite]


These assholes manage to make FIFA look decent.
posted by persona au gratin at 11:00 AM on March 25, 2015 [2 favorites]


Good to see a former US Attorney take such an unbiased approach. Screw the evidence, we just make public statements as to what we want.
posted by 724A at 11:05 AM on March 25, 2015 [3 favorites]


Thanks, NoxE. So the NCAA enforcement arm is more concerned with being seen as definitive and unchallengable, and throws away fairness and accuracy to that end. Have I got that right?

Do these incidents have any impact on what many see as the NCAA's larger problems, like the whole money in college sports thing? I don't see how they do, unless they're used as a pretext to leave it or as ammunition for a call to "overhaul the whole thing".

On preview: I credit FIFA with all the World Cup 2022 construction deaths, so I'm really curious about what NCAA has done that is more indecent than that.
posted by benito.strauss at 11:07 AM on March 25, 2015 [1 favorite]


The NCAA is a horrible organization and should be nuked from orbit. That said their level of chicanery and corruption is still less than FIFA or the gold-medal holder, the IOC. Come the revolution there will be plenty of volunteers to help line all of these assholes up against the wall.
posted by Ber at 11:11 AM on March 25, 2015 [2 favorites]


So the NCAA enforcement arm is more concerned with being seen as definitive and unchallengable, and throws away fairness and accuracy to that end. Have I got that right?

In this case, pretty much, yeah. It had been a long time since a major college football program had been hit really hard for misconduct, and USC pretty much told the NCAA to go fuck itself when questions started to be raised about whether Reggie Bush (or his family) had received illicit money while playing. The NCAA laid the hammer down on USC as an obvious "Don't fuck with the Man" gesture, hoping in its institutional narcissism that other schools would see that and toe the line.

Do these incidents have any impact on what many see as the NCAA's larger problems, like the whole money in college sports thing?

Not really. Anyone who has an opinion about whether student-athletes should be paid already thinks the NCAA is corrupt and vainglorious and would stomp on a puppy if it meant another ten bucks in its collective pocket.
posted by Etrigan at 11:14 AM on March 25, 2015 [2 favorites]


Gosh, it's like there's something about obscene amounts of money changing hands that makes every large organization (athletic or otherwise) into a bunch of assholes. And the little green pieces of paper aren't even that unhappy...
posted by fifteen schnitzengruben is my limit at 11:17 AM on March 25, 2015 [5 favorites]


The NCAA is a horrible organization and should be nuked from orbit.

Yes, and throw some nukes at the Division I men's basketball and football programs too. It's the only way to be sure.
posted by marxchivist at 11:27 AM on March 25, 2015 [1 favorite]


John Oliver on Youtube
posted by zenon at 11:27 AM on March 25, 2015 [2 favorites]


After watching John Oliver's report on the NCAA, it's clear the entire thing needs to be burned to the ground.

After watching John Oliver's report on ___________, it's clear the entire thing needs to be burned to the ground.
posted by Lord Chancellor at 11:36 AM on March 25, 2015 [29 favorites]


All it would take to topple for good the NCAA is for a group of college presidents from big sports schools to withdraw from the NCAA and form their own association.

You know, this line of reasoning pops up every once in a while and I always find it amusing. Just who do you think makes up the NCAA now? Every alum clamoring for their school to leave the NCAA is deluded, why would they leave the very institution they set up? Sure, the presidents whine and complain when their school is caught (or targeted unfairly, or however you want to put it), but that's pretty much for show, they're not leaving the NCAA. And even if they did, why would they set up anything different from what they already set up with the NCAA?

It is possible that large schools would leave the NCAA to form their own governing body, but make no mistake, that would be solely for monetary reasons, so they wouldn't have to share the wealth with smaller schools. There's no way they are leaving for enforcement or regulatory issues, even though that's how they may spin it to their fan bases.
posted by roquetuen at 11:39 AM on March 25, 2015 [6 favorites]


I think if you want to see an athletic organization that is NOT corrupt to is very core, you have to work your way down to something like Curling Canada.
posted by oneswellfoop at 11:41 AM on March 25, 2015 [1 favorite]


Another Nail In The NCAA's Coffin

Is that the coffin where the NCAA sleeps? The one filled with soil from their homeland?
posted by Thorzdad at 11:41 AM on March 25, 2015 [17 favorites]


Where's my hammer?
posted by ocschwar at 12:12 PM on March 25, 2015


In this case, pretty much, yeah. It had been a long time since a major college football program had been hit really hard for misconduct, and USC pretty much told the NCAA to go fuck itself when questions started to be raised about whether Reggie Bush (or his family) had received illicit money while playing. The NCAA laid the hammer down on USC as an obvious "Don't fuck with the Man" gesture, hoping in its institutional narcissism that other schools would see that and toe the line.

The funny thing is that ultimately, they undermined themselves with the aggressiveness. Carroll's success in Seattle has evaporated a lot of the hate against him, Dee's corruption came out and made the enforcement arm look like a joke, and their massive error in thinking that McNair was just going to roll over blew up in their faces this week.
posted by NoxAeternum at 12:13 PM on March 25, 2015


After watching John Oliver's report on ___________, it's clear the entire thing needs to be burned to the ground.

oh man we better hope he never reports on burning things to the ground
posted by mightygodking at 12:27 PM on March 25, 2015 [7 favorites]


It is possible that large schools would leave the NCAA to form their own governing body, but make no mistake, that would be solely for monetary reasons, so they wouldn't have to share the wealth with smaller schools. There's no way they are leaving for enforcement or regulatory issues, even though that's how they may spin it to their fan bases.

True, but there is nothing wrong with leaving a corrupt organization for greener financial pastures. To me, it seems as if the time is here what with the Northwestern ruling and conference realignment that the Division I colleges separate by size and financial goals. Schools that want to pay players and change the rules of recruitment go one way and the schools that want to go toward pure amateurism go the other way.

It is certainly time for its members to assess whether the NCAA in its present form is the appropriate form to be going forward.
posted by 724A at 1:16 PM on March 25, 2015


roquetuen: "Just who do you think makes up the NCAA now? Every alum clamoring for their school to leave the NCAA is deluded, why would they leave the very institution they set up?"

Major colleges have sued the NCAA before.
posted by Chrysostom at 1:24 PM on March 25, 2015


benito.strauss: "So the NCAA enforcement arm is more concerned with being seen as definitive and unchallengable, and throws away fairness and accuracy to that end."

The NCAA is concerned with making money. I don't mean this in a cynical, throwaway way, but the idea that the NCAA "enforcement" arm is concerned with anything but a thin veneer of coverup when big-money college sports achieve a level of media attention to their corruption that threatens to draw Congressional investigation is laughable to anyone who's followed the NCAA for any period of time. They ignore gigantic violations and swoop in on tiny ones, pretty much at utter random, until there's a lot of publicity -- then they care.

They don't exist to ensure fairness in college sports, and CERTAINLY not to ensure compliance with the NCAA's own rules; they exist to protect the NCAA's ability to make money.

And here we're just talking about people cheating at back-office operations surrounding football, not the actual felony rapists walking around big-money sports programs with no consequences. I kinda quit caring about their total refusal to enforce their own recruiting rules and booster rules (money? cars? hookers? fake SAT scores? WHO CARES!) when they allowed a convicted sex offender to transfer from one big-name football program (I knew the victim) to another big-name football program when I was in college, to dodge his suspension from the first team for pleading guilty to misdemeanor sexual assault (it was rape; it was a plea deal), and then that guy came as a motivational speaker to the children's summer camp where I worked that summer.

And he recognized me from school and was like, "Oh, hey, do I know you?" and I was like, "Yeah, you raped a girl in my dorm." Quickest conversation-ender ever.
posted by Eyebrows McGee at 1:44 PM on March 25, 2015 [25 favorites]


For the non-sports folks. Reggie Bush is a star American football player. He played for the University of Southern California during college. While he was in College a sports Agent Llyod Lake gave Bush's family almost $300,000 in gifts in hopes of becoming Bush's agent. NCAA atheletes and their families may not sign with an agent or get gifts from them. After Bush graduated these allegations came to light when he didn't sign with Lake and Lake gave information about the violations to the NCAA. The NCAA investigated and decided to accuse Bush's former position coach, McNair of participating in these violations. USC was sanctioned by the NCAA with fines, lost scholarships and kept out of Bowl games for a period of time.
Reggie Bush has gone one to make a fortune in the NFL and win a Super Bowl with the Saints. Former USC head coach Pete Carol went to Coach in the NFL for millions of dollars and win the Super Bowl. Meanwhile a lowly assistant coach was made into the fall guy and given the blame, without any evidence that he participated.
posted by humanfont at 2:04 PM on March 25, 2015 [8 favorites]


The NCAA prohibition on signing with agents is actually illegal, as in "a judge in an actual court of law ruled that it violates the right of an individual to counsel":

On February 12, 2009, Tone struck down the ban on lawyers negotiating for student-athletes as a capricious, exploitative attempt by a private association to “dictate to an attorney where, what, how, or when he should represent his client,” violating accepted legal practice in every state. He also struck down the NCAA’s restitution rule as an intimidation that attempted to supersede the judicial system. Finally, Judge Tone ordered the NCAA to reinstate Oliver’s eligibility at Oklahoma State for his junior season, which started several days later.

The only reason it still stands is because the NCAA buried the plaintiffs in that case in paper during damages, forcing a settlement that vacated the ruling. (This is why Kessler's move to not seek damages in his suit against the NCAA scares the shit out of the NCAA - he pretty much cut off one of their key strategies at the knees.)
posted by NoxAeternum at 2:27 PM on March 25, 2015 [1 favorite]


Well, the first thing to remember is that there is 200 pages missing from this release, which is believed to have the most damning information in it.

Second, the NCAA pretty much ruined McNair's career - even after the show cause was lifted, he was unable to find work, after being one of the best RB coaches in the US.

Third, it's pretty clear that the "thing that went wrong" was that Garrett chose to fight the NCAA, instead of cooperating with them. Which, when you consider what is happening, is an absolutely absurd position to take.
posted by NoxAeternum at 2:54 PM on March 25, 2015 [2 favorites]


MoonOrb: "I think I'm just confused as to how this is a nail in the NCAA coffin, I guess?"

Well, it's one of their most high-profile investigations in the last 15 years, and it's major egg on their faces. But I personally don't think it's a nail in their coffin because I think they have waaaaaaaay too much money to throw around. I mean, I hate USC on principle (University of Spoiled Children!) and I think Pete Carroll's a dick, but the evidence of wrongdoing was a) not terribly compelling; b) not anything that isn't going on everywhere else in Division I football; and c) is more malum prohibitum than malum in se -- if you think college athletes should be paid for their labor, and that the NCAA's insistence on a plantation-style amateur system for football players is morally problematic, these were just guys breaking some pretty ridiculous rules -- sleazeballs introducing corruption into the game, sure, but they're not, like, damaging the integrity of the game by making players throw games to benefit organized crime, or doing anything WRONG-wrong like assaulting people. Yeah, they probably cheated, and that is bad, but on rules that are both widely-flouted and mostly stupid.

I mean, look, the NCAA spent considerably more money and energy on chasing McNair's possible involvement in an agent giving gifts to a talented football prospect than in sanctioning Penn State for covering up Jerry Sandusky's serial child abuse for a decade and a half and, indeed, enabling him to use the Penn State name and its football stature to increase his contacts with children to abuse. MOREOVER, the NCAA allowed Penn State to appeal its sanctions and lifted them early, while insisting the USC sanctions stay in place. BECAUSE TALENTED YOUNG BLACK FOOTBALL PLAYERS MAKING MONEY OFF A LIMITED CAREER SPAN THAT WILL RENDER THEM CRIPPLED IS OBVIOUSLY WAY WORSE THAN SERIALLY RAPING SMALL CHILDREN, DUH. The former is literally unforgivable, for the NCAA. The latter can be appealed down after two years because, hey, it's better now!

I mean, you go, "Surely this ... ?" No. Not that. "Live boys or dead girls"? No. Fifty-two counts of child abuse and six child-victims willing to come forward with accounts of rape and abuse is not enough for the NCAA to care more about people using football to protect themselves from felony charges than they care about making sure nobody ever pays vulnerable teenagers to play football, because that would dilute their market power.

It is a BILLION DOLLAR organization whose partners earn even more than that. If sufficiently pressed, they'll fire some people and reduce some schools' scholarships for a couple years. They won't go away until member schools or corporate partners lose real revenue, and I don't see that happening. We're talking AT&T, Coca-Cola, Kraft, UPS, Unilever -- Nike, Adidas, Under Armor, Jockey -- NBC, CBS, ABC/ESPN, FOX -- March Madness alone generates nearly over a billion dollars of TV advertising spending in the US.

Too many people make way too much money for this to seriously impact the NCAA gravy train. IMHO, someone (a TV/cable/internet provider, probably) will have to offer a big-money school or conference (Notre Dame, Texas, Alabama; the Big 10) a huge amount of money to make it worth their while to defect from the NCAA. Like, so much more money than they can earn through the NCAA that it's worth their while to leave the NCAA and its revenue-sharing agreements (and its TV exposure, and its bump in applications, and its scheduling ease), and the NCAA is not shy about favoring its big-name schools.

Or Congress getting serious about regulating sports, I suppose, which it periodically does when it's failing to do anything else and wants to deflect attention from that fact by coming down REALLY HARD on the possibility that gamblers are GAMBLING on college sports or that baseball players take steroids. I feel like with the money that's currently being made, that may actually be more likely -- Congress moralizing the NCAA into better rules to deflect from their inability to pass a coherent national budget.
posted by Eyebrows McGee at 4:46 PM on March 25, 2015 [7 favorites]


All of that said, the NCAA is still significantly less corrupt than FIFA, or the IOC, or really even Formula 1. It's just super, super corrupt by American sports standards, which by world standards is really not all that corrupt.
posted by Eyebrows McGee at 4:50 PM on March 25, 2015


The thing is that a good deal of that is happening, though. EA ate a multimillion dollar ruling thanks to the NCAA's intransigence on licensing, which is why there are no more NCAA games being made. And after the NCAA lost the O'Bannon ruling, the Power 5 (the five major conferences) forced the NCAA to make concessions on stipends that they had killed before. Then there's the big elephant in the room - D-1A college football has a playoff now, and the NCAA has no stake in it.

One of the big things that this case shows is how much of a paper tiger the NCAA actually is. One of the reasons they went after USC was because Garrett (the previous AD) choose to be antagonistic with regards to the enforcement arm (which is a perfectly fine position to take.) So they decided they needed to make an example of USC, but to do that, they needed to throw a coach under the bus.

Unfortunately for the NCAA, said coach wasn't up on being a speed bump.
posted by NoxAeternum at 5:42 PM on March 25, 2015


Unsurprisingly, ESPN has given zero coverage, and I mean zero, to this turn of events.

It's just another bright light shining on how ugly college sports can be, and how poorly USC was treated. Not a narrative ESPN wants to push, I guess.
posted by Old Man McKay at 7:40 PM on March 25, 2015




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