Blog Entry

Former USC coach files lawsuit against NCAA

Posted on: June 5, 2011 3:31 pm
Edited on: June 6, 2011 12:57 am
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Posted by Bryan Fischer

LOS ANGELES -- Former USC assistant coach Todd McNair has filed a lawsuit against the NCAA, claiming the defendants caused him to lose his job and destroyed his career after finding he was guilty of unethical conduct.

In late April, the NCAA denied McNair's appeal of the original findings and punishment stemming from his involvement in the organization's case against USC for extra benefits provided to star running back Reggie Bush. The NCAA's Committee on Infractions ruled that McNair knew or should have known about benefits provided to Bush and that he provided false and misleading information to investigators.

The infractions committee gave McNair a show-cause penalty last June, prohibiting him from recruiting and forcing schools to "show-cause" as to why they should be allowed to hire him. The committee also placed USC's football program on four years probation, stripped the school of several wins, took away 30 scholarships over three years and banned the Trojans from postseason play for two years. The school's separate appeal was denied in May.

McNair filed his lawsuit on June 3 in Los Angeles Superior Court, seeking unspecified damages for libel, slander, tortious interference with prospective economic advantage, tortious interference with contractual relations, breach of contract, negligence and declaratory relief. The lawsuit names only the NCAA and does not include the names of individuals involved in the case but they may be added to the suit later.

Following the release of the original report from the Committee on Infractions, the school chose not to renew McNair's contract the following month. McNair could not be immediately contacted for comment.

In his appeal with the NCAA, McNair alleged that the Committee on Infractions committed misconduct and mischaracterized facts in the case and that they used false statements to support the unethical conduct finding against him.

A link to the court documents can be found here.
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Category: NCAAF
Comments

Since: Mar 10, 2007
Posted on: June 6, 2011 4:26 pm
 

Former USC coach files lawsuit against NCAA

You are, of course, entitled to your opinion. However, that means that you are choosing to be believe only part of what the accusers said. In his testimony, Lake said; "It was like a drug deal. Nobody could know anything". During an ESPN interview he said: "Everything was done away from campus, behind closed doors with no one around." It seems that if we are going to believe what he said about the benefits that were provided, then we should also believe what he said about who knew. Also, if Carroll was cheating, how come, after a 4 year investigation, the only thing the NCAA could find was the Bush family? If cheating was as rampant as many claim, Pete Carroll must have been really, really good at it if the NCAA couldn't find anything after 4 years. I mean, there wasn't even an allegation against him. Apparently, Don Corleone has nothing on Pete Carroll.


I thought Carroll was arrogant and sleazy when he was in the NFL the first time, long before he went to USC, much less when any of this happened.  As for the investigation, they've looked into Calipari's programs for years too, and while the schools have both been hammered, Cal has been teflon.

Besides, the NCAA cleared Tressel of any wrong-doing in the Youngstown St infractions, too, and in the Clarrett penalties, and in the Troy Smith case.  At this point, I think the only people who really believe Tressel was clean are Ohio St fans.  My point is, the NCAA's investigative skills aren't always very good.

Actually, let me rephrase that:  The NCAA tends to get tunnel vision during its investigations, and finds exactly what they want to find.  They did it against Tarkanian, they did it against Tressel (in reverse), and they probably did it against USC football, one way or the other.



Since: Aug 22, 2008
Posted on: June 6, 2011 3:11 pm
 

Former USC coach files lawsuit against NCAA

trojanfan12, you're right, I don't like USC.  However, you have to admit I'm being completely objective with the rest of my post.

I do agree, which is why I took the time to respond as in-depth as I did.


1) Bush - So a real compliance department might have discovered the benefits, hence the "should have known".  I agree completely with the intent of the benefits.

Exactly, which is why there are more compliance officers and Garrett and the school president at the time are both gone and we have a new president and a new AD.


2) Jarrett - Again, a full compliance department WOULD have known about the housing rules, and acted accordingly.

Possibly they would have known. Keep in mind, tOSU had a fully staffed compliance dept. that was thought to be among the better departments in the NCAA, yet look at what apparently happened. As for housing, who knows what was explained to the kids or what they understood. I'm not saying that the kids are dumb, but rather that the NCAA rules are so convoluted that somethimes the NCAA isn't even sure if something is a violation or not. Either way, it's a pretty innocent violation.

3) Mayo - I actually think you and I are in complete agreement on this one.  Everyone in the country knew Mayo was looking for a payday, and that his handler was dirty, that was why so many schools shied away from him during recruiting.  How your basketball program got off with barely a wrist-slap is beyond me.

We are in complete agreement. To be honest, I am very much against the "one and done" in college basketball. I think it just invites what happened with O.J. Mayo. Think about it, how easy to cheat. You have a kid that won't even be on campus for a full year. Considering how much the NCAA doesn't catch, why wouldn't a coach or player try to cheat? The only reason that the basketball program got caught was because of the NCAA investigating the football team.

The only reasonable explanation that I have heard re: the light punishment on the basketball program was that USC self-sanctioned and the NCAA was more interested in the football program. I have wondered if USC would have self-sanctioned the football program with what we wanted the sanctions reduced to in the appeal, if the NCAA would have approved those as well. We'll never know because Garrett was an idiot and his reason for self-sanctions against the basketball program was to try and save the football program.

I've changed my stance a bit.  I no longer think anyone other than Carroll was actually cheating (I still think he knew what was going on, but I think he's a slimy bastard, the football version of Calipari, so I admit I'm biased, and there's little to no actual evidence).  

You are, of course, entitled to your opinion. However, that means that you are choosing to be believe only part of what the accusers said. In his testimony, Lake said; "It was like a drug deal. Nobody could know anything". During an ESPN interview he said: "Everything was done away from campus, behind closed doors with no one around." It seems that if we are going to believe what he said about the benefits that were provided, then we should also believe what he said about who knew. Also, if Carroll was cheating, how come, after a 4 year investigation, the only thing the NCAA could find was the Bush family? If cheating was as rampant as many claim, Pete Carroll must have been really, really good at it if the NCAA couldn't find anything after 4 years. I mean, there wasn't even an allegation against him. Apparently, Don Corleone has nothing on Pete Carroll.


That's a very fair question.  One theory could be that, now that Carroll is back in the NFL, those football players don't want to burn that particular bridge.  However, before you say anything, I admit that's a stretch.

Yeah, a bit. LOL!! It hasn't stopped tOSU and Auburn players. Also, Pete Carroll was at the school another 4 years after the investigation began and even players who left the program never said anything, including those who transferred to other schools because they didn't get the playing time they hoped for at USC.

 



Since: Mar 10, 2007
Posted on: June 6, 2011 1:24 pm
 

Former USC coach files lawsuit against NCAA

trojanfan12, you're right, I don't like USC.  However, you have to admit I'm being completely objective with the rest of my post.  Whether I like them or not, I agree with USC fans that there were enough issues with the case to warrant an appeal.  I also agree that the beatdown they got on the sanctions are not consistent with other cases.

As for the specifics of your post:

1) Bush - So a real compliance department might have discovered the benefits, hence the "should have known".  I agree completely with the intent of the benefits.

2) Jarrett - Again, a full compliance department WOULD have known about the housing rules, and acted accordingly.

3) Mayo - I actually think you and I are in complete agreement on this one.  Everyone in the country knew Mayo was looking for a payday, and that his handler was dirty, that was why so many schools shied away from him during recruiting.  How your basketball program got off with barely a wrist-slap is beyond me.

I was not aware that USC had a 1-man compliance department.  That is the very definition of "I think USC was guilty of blatant disregard of NCAA rules".  Garrett did not really care whether the rules were being followed or not.  If he did, he would have had more than one person in that department.  As the AD, that reflects directly on USC.

I've changed my stance a bit.  I no longer think anyone other than Carroll was actually cheating (I still think he knew what was going on, but I think he's a slimy bastard, the football version of Calipari, so I admit I'm biased, and there's little to no actual evidence).  So my "blatant disregard" comment refers to the conscious blind eye that Garrett turned towards all of his programs, not to overt cheating by the school (not counting basketball).

You are right about the compliance office.  If that's all USC had, I take back what I said about firing that person, because that's a no-win job.  The person responsible for that situation was Garrett, who is gone.


Here's another question for you (and anyone else who might try to answer): If there was so much cheating going on at USC, where are all of the ex-Trojans coming out talking about all of the stuff they got? In both the Auburn and tOSU situations, ex-players have come forward talking about the stuff they received, yet no ex-Trojans, why not?

That's a very fair question.  One theory could be that, now that Carroll is back in the NFL, those football players don't want to burn that particular bridge.  However, before you say anything, I admit that's a stretch.  So if USC was cheating, I have no idea.



Since: May 9, 2009
Posted on: June 6, 2011 12:46 pm
 

Former USC coach files lawsuit against NCAA

Havdizzle - exactly what I was thinking. How do you file suit when you are guilty? The NCAA is guilty of misconduct where you are concerned? Apparently USC powersthatbe agreed with them. Waste of the court's time.




Since: May 23, 2011
Posted on: June 6, 2011 12:26 pm
 

Former USC coach files lawsuit against NCAA

Actually, just checked the website.  Looks like 8 (excluding administrative assistants).



Since: May 23, 2011
Posted on: June 6, 2011 12:22 pm
 

Former USC coach files lawsuit against NCAA

There are now 14 or 15 in the compliance department.

Just for clarification, most of those are grad assistants or interns. 



Since: Aug 22, 2008
Posted on: June 6, 2011 12:07 pm
 

Former USC coach files lawsuit against NCAA

Actually, I like balbo's attitude on this, so let me add my own take to his.  Do I think USC was guilty of blatant disregard of NCAA rules?  Absolutely.  Between Bush, Jarrett (thank you for the name trojanfan12 in the other thread), and Mayo, at the very least, USC's entire compliance office should be scrapped and rebuilt from the ground up.

Of course you think that about USC. You don't like USC, so it fits with what you want to believe. Since you brought in the names (and your welcome for my providing you with Jarrett's name LOL!!), I will address each name individually.

1.) Bush - Clearly, he and his family were provided impermissible benefits. USC has never denied this. What USC has denied is having any knowledge of what was happening. Even the accusers stated that USC did not anything until the alleged phone call to McNair. In testimony Lake said "it was like a drug deal, no could know anything". He also stated in an ESPN interview "everything was done away from campus, behind closed doors, with no one around". Even in it's findings, the NCAA admitted that USC didn't knoe, this is why USC was hit with "should have known". Additionally, the benefits provided to Bush did not benefit USC nor were they intended to as they were provided to get him to leave school early. In order for you to believe that USC "cheated" you then would have to believe that USC was willing to act contrary to it's own best interest.

2.) Jarrett - No one knew that it wasn't okay for a students athletes parent to pay for off-campus housing for a player and for that player to invite his best friend to stay there with him. Apparently this arrangement is okay for students, but not student-ath-o-letes (thank you Cartman, LOL!!). As soon as this was discovered, it was reported and Jarrett was forced to pay restitution to Matt Leinarts father.

3.) Mayo - This was actually a worse violation than the Bush situation because the allegation involved the head coach directly paying a player. Yet, when USC self-imposed what I consider to be very light sanctions considering the allegation, the NCAA suddenly stopped looking into the basketball program and refocused entirely on the football program.

As to the compliance department. USC had a compliance department of 1 person which was admittedly stupid and playing with fire. I mean, seriously, how dumb did Mike Garrett have to be to think that 1 person is enough when considering the level of talent that USC had on campus. There are now 14 or 15 in the compliance department.

Also, whe you consider that USC had a compliance department of 1 person and the NCAA investigated for 4 years and only came up with Bush and his family. I'd say that one of two things happened, either that 1 person did a great job or USC was very, very lucky that there wasn't a lot more going on. Probably a little of both.

Here's another question for you (and anyone else who might try to answer): If there was so much cheating going on at USC, where are all of the ex-Trojans coming out talking about all of the stuff they got? In both the Auburn and tOSU situations, ex-players have come forward talking about the stuff they received, yet no ex-Trojans, why not?


corona79
Since: Sep 3, 2006
Posted on: June 6, 2011 11:50 am
This comment has been removed.

Post Deleted by Administrator




Since: Aug 22, 2008
Posted on: June 6, 2011 11:41 am
 

Former USC coach files lawsuit against NCAA

It does bring up an interesting question. If a court of law rule that this was not admissible and the NCAA was wrong does this change the fact that this was the primary reason the NCAA gave for Institutional Control that McNair knew about the money that was suppose to have exchanged hands between the slime ball, Lake and McNair.

I really don’t thing a lawyer representing the NCAA would allow this case to go to court. If they do they are the most stupid individuals around. I think they would settle out of court with McNair having to sign a document that he would not speak about the case of want was given as compensation.

Then again as mentioned if the NCAA lose it could have an affect on the punishment  handed SC. Without this key evidence they really had no case against SC.

Would the NCAA be required to reverse any penalties against SC?

I don't believe that the NCAA will be forced to change anything re: it's sanctions against USC or McNair. The NCAA is basically a club and as long as it's members agree to the rules of the club, they are in and can't really use a court of law to force any changes. I believe that this is why USC chose not to sue the NCAA to get the sanctions recuced. I think that McNair "winning" his suit will be the NCAA having to pay monetary damages, but I don't believe they can be forced to remove the show cause they placed on him.

I could be wrong. I'm sure there is a lawyer on these boards who can correct me if I'm wrong.



Since: Aug 22, 2008
Posted on: June 6, 2011 11:35 am
 

Former USC coach files lawsuit against NCAA

This is exactly the problem with USC.  Rather than manning up, admitting their obvious wrong-doing, and working to correct the problem, like children, they cling to scraps and perceived loopholes, and claim "But others cheated!" (what is more despicable and cowardly than the old two-wrongs-make-a-right argument; always the standby of thieves).

And this is exactly the problem with people who just decide on something without actually doing any research. "Oh somebody said that somebody else cheated, then it must be true."

Hey Skreffty,

     I'd like you to present your evidence of the following:

1.) Exactly how did USC cheat? Considering that the NCAA investigated for 4 years and was only able to uncover the Bush situation and still couldn't prove that USC knew anything about it, which is why USC was hit with "should have known". Also, since the benefits provided to the Bush family were so that he would leave school early, How does this constitute cheating since it would not be to the Trojans benefit for him to leave early. I'm sure that the NCAA would love to see your evidence against the Trojans it would strengthen their reasoning for denying the appeal and would save them the trouble of the McNair lawsuit since clearly your evidence against the Trojans is clearly overwhelming and more damning than anything the NCAA could come up with after 4 years.

2.) Show where USC accused any other school of anything. The only thing USC mentioned was stating that the sanctions were not in line with previous precedent.

3.) Show where USC tried to get sanctions overturned or denied anything happened. USC has said that wrong was done and sanctions were deserved. USC only that the sanctions handed down were too harsh given the violation.

4.) You mentioned a hummer. Interesting, because the only vehicle ever mentioned re: Bush was the '95 Impala. There was some question when Joe McKnight was seen in a Hummer. It turned out that it belonged to his girlfriend and the university was cleared (not until he missed the bowl game against Boston College). The only other questionable vehicle was a golf cart ride that Dillon Baxter received from another student who turned out to be an agent. He was suspended a game pending the investigation and the NCAA made him pay $5 restitution.

I know you won't actually answer any of those because it's much easier to just sit back and decide for yourself what did or did not happen even though you have no evidence to back up your accusations. But hey, why let a little thing like proof stop a good rant?


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