Blog Entry

Will Ohio State avoid a postseason ban?

Posted on: April 26, 2011 12:25 pm
Edited on: April 26, 2011 12:27 pm
 
Was Ohio State cut a break in its notice of allegations from the NCAA? So much so that the school may avoid a postseason ban in the Jim Tressel case?

Draw your own conclusions from these conclusions: While the 15-page NOA delivered last week seems fairly damning, it does not contain the NCAA's scarlet letter designations -- "failure to monitor" or "lack of institutional control". In most cases, the allegations are made by the enforcement staff in the NOA. Either can be added by the committee on infractions in the penalty phase but that is a rarer occurence. Despite the depth and scope of Tresselgate neither were included in regards to Ohio State. 

Failure to monitor is more specific in terms of points of oversight in a specific area of the athletic department. Lack of institutional control says there is little or no oversight in general regarding a case. Go to the front of the NCAA Manual. The "Principle of Institutional Control" reads like the opening sentences of the Book of Genesis. [Emphasis added}

"It is the responsibility of each member institution to control its intercollegiate athletics program in compliance with the rules and regulations of the Association. The institution’s president or chancellor is responsible for the administration of all aspects of the athletics program, including approval of the budget and audit of all expenditures.

"The institution’s responsibility for the conduct of its intercollegiate athletics program includes responsibility for the actions of its staff members and for the actions of any other individual or organization engaged in activities promoting the athletics interests of the institution."

Merely taking into account the information in the NOA, it's hard to believe that Ohio State didn't get lack of institutional control. Its head coach lied and systematically circumvented the system by hiding damaging emails. I've said this in the past but this case comes down to the following: A 67-year old businessman in western Pennsylvania knew that Terrelle Pryor's name had popped up in a federal drug trafficking investigation before either the Ohio State AD or president


That's bad enough. What a lot of folks have forgotten is the beginning of this case. Part of the reason those Ohio State players were allowed to play in the Sugar Bowl was they "did not receive adequate rules education during the time period the violations occurred," according to the NCAA. Once they got that rules education, another game was added (for a total of five) to the players' suspensions that take effect this season.


So if you're like me, you're wondering how an athletic and compliance department that didn't educate its players on an extra benefit rule that is considered common sense in the industry, didn't get cited further by the NCAA. Ohio State AD Gene Smith threw his compliance department under the bus back in December saying the nine-member staff was "complicit" in the violations because they did not make the extra benefits rule clear to players. We can argue why Ohio State got a break for its players when it is assumed that everyone knows, or should know, you can't sell your memorabilia. The point now is, why didn't Ohio State at least get "failure to monitor" when the NOA was delivered last week? 


Both the NCAA and Smith called out the compliance department. That's a helluva place to start in assigning the scarlet letter.


An answer might be found in the manual. One of the presumptive penalties for a lack of institutional control violation is a postseason ban. It was described to me by a veteran of NCAA cases this way, "There is a higher presumption of a postseason ban," with a lack of institutional control. The manual states that a postseason ban is likely "particularly" when the violations reflect a lack of institutional control. There are almost always mitigating circumstances in these cases, but it seems by not citing Ohio State's oversight, a postseason ban is off the table. 


That doesn't necessarily mean Ohio State won't get a bowl ban. The NCAA alleges in the NOA that Ohio State is a repeat violator, meaning that it has committed another major violation within the allowed five-year window. While OSU won't get the death penalty -- one of the possible penalties for being a repeat violator -- it could received enhanced penalties because of the repeat designation. Because of that, maybe the NCAA didn't feel it was necessary to allege lack of institutional control. The school already has hung itself for being a serial violator.


The case isn't over and who knows what will develop between now and when the penalties are released which, at the earliest, seem to be midseason? But if you read between the lines it seems that a postseason ban is unlikely. Think more in terms of at least two years probation, a vacation of wins from 2010 and perhaps some scholarships. The juiciest question, though, remains whether Tressel will coach again at Ohio State. Without answering that question at the moment, I will leave you with bylaw 11.1.2.1, "Responsibility of Head Coach".


"It shall be the responsibility of an institution’s head coach to promote an atmosphere for compliance within the program supervised by the coach and to monitor the activities regarding compliance of all assistant coaches and other administrators involved with the program who report directly or indirectly to the coach." 


Category: NCAAF
Tags: NCAA, Ohio State
 
Comments

Since: Oct 31, 2010
Posted on: May 9, 2011 7:45 pm
 

Will Ohio State avoid a postseason ban?

 what point did the OSU a. dept. show lack of institutional control?  LOIC is is department wide charge, not a head coach charge.  there has to be a systemic repeated pattern of rule breaking to get the LOIC.  5 guys out of a 100 on team is not a systemic repeated pattern.   the 5 games out for the tat5/tressel is a start.  I think that a one year bowl ban, and 10 lost schollies is more than enough.
And to be fair, I think that USC got hit way too hard.  How was Carroll or Garrett supposed to know what kind of home Bush or his family live in?   people want consistency.  b/c usc got hammered, they feel that it would be "fair" for OSU to get hammered too.   thing is, two wrongs don't make a right.  USC was done wrong.



Since: Oct 31, 2010
Posted on: May 8, 2011 3:37 pm
 

Will Ohio State avoid a postseason ban?

No soup for OSU for years to come, lmao, LOVE IT !!!



Since: Jun 13, 2007
Posted on: April 28, 2011 2:12 pm
 

Will Ohio State avoid a postseason ban?

 James P. Tressel is Teflon, above the law and possibly immortal.  For all we know, the NCAA reports to Tressel.  As long as the Ohio State football business program continues to bring in money, money that is the most important thing in College athletics, he is safe.  Tressel could go on national television, wave a .45 Magnum and offer a scholarship, women and $20,000.00 spending money to a coveted recruit and there is nothing that would ever happen to him.  He is just that important.  If Bill Clinton had the same clout as Tressel, the Republican party would be praising him as the best president of the US.  Vladimir Putin wishes he could be as powerful and as charismatic as Tressel.



Since: Apr 28, 2011
Posted on: April 28, 2011 1:32 pm
 

Will Ohio State avoid a postseason ban?

"So if you're like me, you're wondering how an athletic and compliance department that didn't educate its players on an extra benefit rule that is considered common sense in the industry"
So it's common sense that a player cannot sell thier own property? This is a very obscure and stupid rule that NOT everyone knew about. Hell even Bobby Knight didn't know about that rule. If these kids, and yes they are kids are not allowed to sell property that they own, then they should have never recieved it! This is the NCAA's fault! If they cannot do what they wish with the said items until after they are no longer affiliated with College sports, then they should have NEVER received said items until after their elegibility ran out.
I am not saying I condone their actions, I feverishly do not! Those items to me would be priceless, but my point still stands..



Since: Nov 19, 2006
Posted on: April 27, 2011 9:58 pm
 

Will Ohio State avoid a postseason ban?

Typical Ohio State fan...."Heals" is spelled HEELS.  OSU and Trssesl got

Yo diggidy,  pretty sure you spelled Tressel wrong.



Since: Sep 11, 2006
Posted on: April 27, 2011 5:33 pm
 

Will Ohio State avoid a postseason ban?

Holy crap, I was gone for a day and the argument has turned to Ohio State's 2002 championship? Knowing that Ohio State winning that championship drives so many inbred hicks nuts makes it so much more meaningful to me. 



Since: Jul 28, 2009
Posted on: April 27, 2011 5:15 pm
 

Will Ohio State avoid a postseason ban?

dont bother man.  people don't notice the missed calls as much as the thrown flags.  you are right that gamble was inbounds, and osu could have run out the clock.  oh, but that wasnt the last call of the game so it isnt a huge deal!!    LOL.  flags on the potential last play of the game are so much more important!!  they determine the entire game to these wingnuts.   about half of all people are pretty dumb, so just let em yap.



Since: Aug 20, 2006
Posted on: April 27, 2011 5:00 pm
 

Will Ohio State avoid a postseason ban?

stolen ? watch the game again. never should of had to punt before you clowns tied the game. talk about a miss by the officials. gamble was inbounds on third down play and would of gave the national champs a 1st down. never should of went to ot.



Since: Nov 15, 2006
Posted on: April 27, 2011 4:32 pm
 

Will Ohio State avoid a postseason ban?

Hasn't anyone learned anything from Auburn and the SEC!  If you are going to sell anything, have your daddy do it!  Then you are allowed to play and win BCS national championships.  Tressel is guilty and dumb. All he had to say is there daddy's sold memorabilia for money and tats and he would have been fine.  Perhaps he should go buy players instead, because that isn't such a big deal and you can get away with that. 



Since: Sep 22, 2006
Posted on: April 27, 2011 4:07 pm
 

Will Ohio State avoid a postseason ban?

are we really still talking about the miami/ohio state national championship game? i man, as ridiculous as the call/no-call was and as late as it was, the fact is that Ohio State won the game. It wasn't stolen from us like Clarett does when he breaks into someone's house, Ohio State made the plays and Miami didn't stop them. I can still remember yelling at the tv as Krenzel (sp?) made play after play on 3rd and 4th down. Now, whether Tressel looks ridiculous in those sissy sweater vests is not up for debate, nor is how Gee is obviously nothing more than a puppet on the job at the behest of Tressel. Also not up for debate is the fact that Ohio State is on the NCAA's crosshairs and about to get b1tchslapped!



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