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Oregon/NCAA appear headed for summary disposition

Posted on: February 28, 2012 6:32 pm
 

It appears Oregon and the NCAA could be heading toward summary disposition of the Will Lyles case. Two sources with extensive experience in NCAA investigations told CBSSports.com they believe that to be the case after reading documents released by Oregon last week in the Lyles case.

That would be somewhat positive news for a football program concerned about major sanctions surrounding the questionable $25,000 payment to Lyles for his recruiting expertise. Summary disposition essentially means that the NCAA and a school agree on a basic set of facts in a major infractions case.  The school proposes its own penalties. In such an occurrence, Oregon would avoid an appearance before NCAA infractions committee, which would have to agree to summary disposition.

Such a decision would also cut down significantly on the length of the case. Oregon has been under investigation since September.

The fact that Oregon has “agreed” to three of the seven violations released after a public records request last week – the other four are redacted – is a sign that summary disposition could be on the way. Neither the Oregon nor the NCAA would confirm that assertion.

“When I read that [Oregon documents] I said, ‘Hey, it looks like they’re beginning the process of going to summary,” said Michael Buckner, a South Florida-based attorney with 13 years experience assisting schools through NCAA investigations.

His research showed eight cases disposed of by summary disposition in 2011. That includes the notable West Virginia case decided in July. In both the Oregon and West Virginia cases, it was found that the number of football coaches exceeded the permissible limit in various activities.

If nothing else, summary disposition would signal a lack of contentiousness between the NCAA and Oregon.

“Basically what you’re doing, you don’t have to go to [an infractions committee] hearing,” Buckner said. “You’re not spending all the time and money for a hearing. Secondly, you’re trying to predict by putting down on paper and agreeing on sanctions.”

Summary disposition was a tool added a few years ago to streamline the investigative process. From the NCAA website: Summary disposition is a cooperative process between the school, involved individuals and the NCAA enforcement staff.  If these groups agree about the facts and the penalties presented in the report, an in-person hearing may be averted depending on the Committee of Infractions. The COI reviews the report in private and decides to either accept the findings and penalties or conduct an expedited hearing.  A school that would become a repeat-violator cannot use the summary disposition process and must go before the Committee on Infractions.

Oregon is not believed to be a repeat violator which would make the program eligible for enhanced  penalties. To be eligible, a school would have to have a major violation in its athletic department during the past five years.

Since that formal investigation began in September, Oregon has not so much as received a notice of allegations from the NCAA, which would signal the next step of the investigation. But the documents in question could be a draft version of that notice. In fact, the second of two four-page documents is labeled, “Revised Draft for discussion purposes.”

While Oregon could face major penalties from the case, the fact that it has “agreed” to wrongdoing in the documents is different from more combative language where the NCAA would have “alleged” wrongdoing.

“Once the school tells them, ‘Yes, we want to go summary disposition, they change it from, ‘it is alleged’ to , ‘that it is agreed,’ said another source familiar with the NCAA enforcement process. “That’s what the language [in the Oregon documents] would suggest.”

In the documents, Oregon agrees that …

 
--From 2008-2011 it paid for at least three recruiting subscription services.

--In 2008 and 2009 it paid $6,500 and $10,000 to Elite Scouting Services and received reports from Lyles and partner Charles Fishbein

--In 2009 paid $3,745 for service from New Level Athletics and its rep Baron Flenory.

--In 2010 paid $25,000 for a subscription to Complete Scouting Services and reports from Lyles. The service “did not disseminate” recruiting information at least four times per year in violation of NCAA rules.

--From 2009-2011 the program had one more coach out recruiting than allowed.

--There was a failure to monitor football’s use of recruiting services.

Here are those Oregon proposed findings of violations released last week after Freedom of Information Act requests from media outlets.

The Lyles story was broken almost a year ago by Yahoo! It centered on running back Lache Seastrunk who has since transferred to Baylor. Lyles later told Yahoo! that Oregon coach Chip Kelly “scrambled” urging Lyles to produce retroactive recruiting evaluations to justify the $25,000 expense.

You can find a further definition of summary disposition in the NCAA Manual here on page 401.

The NCAA has stepped its enforcement procedures regarding third-party influences in football recruiting. Last year it established a football investigation arm headed by a former Indianapolis deputy police chief.

Comments

Since: Dec 1, 2009
Posted on: March 9, 2012 3:04 am
 

Oregon/NCAA appear headed for summary disposition

accwatcher1, it's common wisdom among insiders now that the 'death penalty' will never again be invoked. Given the financial entanglements with the networks and one another, as well as the dollars involved and the potential for loss of same, it would impose an insurmountable burden on innocent bystanders.



Since: Sep 26, 2009
Posted on: March 3, 2012 8:16 pm
 

Oregon/NCAA appear headed for summary disposition

Is it true that North Carolina has recieved a second NOV and is now looking at the death penalty for football?



Since: Nov 21, 2007
Posted on: March 2, 2012 6:35 pm
 

Oregon/NCAA appear headed for summary disposition

Oregon cheated in basketball too. They paid a street agent for Michael Dunigan and his Chicago AAU teammates. If cheating in the two major college sports isn't "lack of institutional control" I don't know what is. The NCAA is a joke and needs to fix corrupt programs before it gets even worse!



Since: Oct 27, 2010
Posted on: March 1, 2012 12:44 pm
 

Oregon/NCAA appear headed for summary disposition

Yes, the NCAA is bending over backward to find excuses for Oregon's flagrant violations and their conduct in recruiting.  How can anyone overlook the fact that Lyles and Oregon collaborated in obtaining a statement from one relative who supported Oregon over another who didn't in order to change his commitment to Oregon.  That conduct alone is worth the severest penalties.  All their infractions were committed not inadvertently but with knowledge aforehand.  Oregon may skate but they deserve the worst.



Since: Jun 21, 2011
Posted on: March 1, 2012 5:07 am
 

Oregon/NCAA appear headed for summary disposition

Lack of institutional control means you were negligent in the performance of your oversight duties. People could argue that coaches should have paid more attention to Bush and his family's finances, but is that what coaches are expected to do, or paid to do?  Probably not.  However, when the coaching staff is affirmatively engaging in recruitment activities, such as, going after potential recruiting prospects, their acts are acts of commission, that is purposeful, and intentional acts to secure a recruits LOI.  This goes beyond failing to notice events that are not within the immediate realm of your coaching duties, which are highly demanding of your time and energy, and which if you fail to closely scrutinize may lead to your firing.  At worst, USC coaches may have been negligent in the Bush case, they innocently did not suspect any infractions so paid the matter no mind, but somehow should have, whereas, in Oregon's case they had their hands all over the instruments of infraction, so at the very least, it stands to reason that they had a callous disregard for the NCAA's rules and probably intended to circumvent them by whatever means necessary, so they should be penalized accordingly, their sanctions should substantially exceed those that were levied against USC



Since: Feb 29, 2012
Posted on: February 29, 2012 11:39 pm
 

Oregon/NCAA appear headed for summary disposition

The ABC Affiliate in Portland which broke this story last week, significantly address this issue of Summary Disposition. http://www.katu.com/sports/U-of-O-N

CAA-investigation-documents-to-be-r

eleased-140358113.html
Scroll down through the story until you get to where it says: "Today's Original Story".




Since: Jun 22, 2007
Posted on: February 29, 2012 7:36 pm
 

Oregon/NCAA appear headed for summary disposition

"The violation of the JJ Arringtion rule occured in January of 2003.  2008 would be five years.  Oregon was not given any sanctions with JJ Arrington rule.

The NCAA begins the 5 year period from the date the case is finalized, which was May 4, 2004. It's written right there for you in the official NCAA report highlighted below. You may want to contact the NCAA to advise them they made a mistake on their own report if you disagree with their wording.

"As required by NCAA legislation for any institution involved in a major infractions case,
the University of Oregon, shall be subject to the provisions of NCAA Bylaw 19.5.2.3,
concerning repeat violators, for a five-year period beginning on the effective date of the
penalties in this case, May 4, 2004."



Since: Feb 29, 2012
Posted on: February 29, 2012 7:28 pm
 

Oregon/NCAA appear headed for summary disposition

The violation of the JJ Arringtion rule occured in January of 2003.  2008 would be five years.  Oregon was not given any sanctions with JJ Arrington rule.



Since: May 12, 2011
Posted on: February 29, 2012 7:11 pm
 

Oregon/NCAA appear headed for summary disposition

Two articles about Oregon and what have we learned? Nothing, just more of the same. The process is hideous. Minor league BS, that has been over blown and over hyped in the media. I say wait till the NCAA rules and then have your fun.



Since: Jun 22, 2007
Posted on: February 29, 2012 6:23 pm
 

Oregon/NCAA appear headed for summary disposition

So much for your so-called experts knowing about this case. A school that would become a repeat-violator cannot use the summary disposition process and must go before the Committee on Infractions. Oregon is not believed to be a repeat violator which would make the program eligible for enhanced  penalties. To be eligible, a school would have to have a major violation in its athletic department during the past five years.

Oregon is a repeat offender for the JJ Arrington major violations that were finalized on May 4, 2004. Since these current violations date back to 2008, Oregon isn't eligible for the summary disposition process.

Here's a snippet taken from the NCAA report pertaining to the Arrington case in 2004:

"As required by NCAA legislation for any institution involved in a major infractions case,
the University of Oregon, shall be subject to the provisions of NCAA Bylaw 19.5.2.3,
concerning repeat violators, for a five-year period beginning on the effective date of the
penalties in this case, May 4, 2004."


The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com