Tag:Albert Means
Posted on: July 26, 2011 5:31 pm
Edited on: July 26, 2011 5:34 pm
 

NCAA moves towards closing Newton loophole

Posted by Jerry Hinnen

Aside from Auburn's fans and coaches, there didn't seem to be many people happy with the NCAA's decision last fall to rule Cam Newton eligible after his father Cecil Newton admitted he'd asked Mississippi State boosters for $180,000. That even goes for people who agreed with the NCAA's ruling, like president Mark Emmert, who stated plainly (as Gene Chizik will tell you) that the NCAA had no evidence to rule that Cam knew of his father's request or that the family had received benefits from anyone ... but also affirmed that "I think it's absolutely a fundamentally wrong for a father to try to sell the services of his son or daughter to the highest bidder."

And in the interests of protecting that stance, Emmerts's organization has moved towards making requests like Cecil's an eligibility-breaker in the future. An official release from the NCAA Tuesday details a proposal for an "expanded definition of agents," one that would "include third-party influences, including family members, who market student-athletes’ athletics ability or reputation for personal financial gain."

The statement reads:

The cabinet at its recent meeting in Indianapolis agreed to sponsor legislation for the 2011-12 cycle that would define agents as individuals who either directly or indirectly:

  • Represent or attempt to represent a prospective or current student-athlete in the marketing of his or her athletics ability or reputation for financial gain; or
  • Seek to obtain any type of financial gain or benefit from securing a prospect’s enrollment at an institution or a student-athlete’s potential earnings as a professional athlete.

The new definition would include certified contract advisors, financial advisors, marketing representatives, brand managers or anyone who is employed by or associated with such individuals.

The new definition also would apply to third parties, including family members, who shop prospects to various institutions for personal financial gain. In the past, the agent definition applied generally to third parties marketing an athlete’s skills to a professional sports team. The cabinet’s proposal expands the definition to include people marketing athletics skills to a collegiate institution for personal gain.

Under the new definition, Cecil would have been acting as Cam's "agent" and -- one would assume -- having an agent operating on his behalf (even without his consent) would have resulted in Cam's having been declared ineligible. The definition might also be broad enough to include the likes of "advisors" like Bryce Brown mentor Brian Butler (or, if certain allegations involving Oregon stick, Will Lyles.)

The proposal will be reviewed at the NCAA's 2011-2012 legislative session and could be put into effect as soon as April of next year.

If we play devil's advocate for a moment, we have to wonder if it's entirely fair to prospective athletes to pay the price in elgibility for others' actions they may have no control over. (Consider a scenario similar to the famous Albert Means case: if a high school coach goes behind a recruit's back and asks a school for money in order to push the recruit towards that school, how is that the player's fault? Would their college football career be ruined all the same?)

But all the same, Emmert is right that the attempted sales of athletes' services (whether that sale is completed or not) is "fundamentally wrong." If the NCAA believes the proposed legislation might help stamp out some of those sales pitches, it's legislation they must consider.

Posted on: July 22, 2011 9:52 pm
Edited on: July 22, 2011 10:18 pm
 

Emmert's chance to shine doused by Ohio St. case

Posted by Bryan Fischer

Mark Emmert, you have lost our confidence in your ability to do the job.

The next time you speak, we won't be able to take you seriously thanks to news that Ohio State would not face additional charges of failure to monitor or lack of institutional control in the school's infraction case.

'It's all about what the NCAA can prove, not what we've read' is the company line. Well, you had a chance to prove things but you said you weren't going to try.

CBSSports.com took a thorough look at cheating in college football, spending nine days chronicling just how rampant the rule breaking has been over the years. The purpose was the examine the subject with an eye towards where the sport was headed in the near future.

Senior writer Dennis Dodd ended the series saying Ohio State would be a landmark case going forward.

"This is what NCAA president Mark Emmert has been advocating, a way to make the cheaters and liars think twice about cheating and lying," Dodd wrote.

The president failed, however, to send that message Friday. Emmert has called for tougher enforcement numerous times since taking office and here, in front of a primetime audience, was his Howard Beale moment.

He could have sent a message that he was mad as hell and wasn't going to take it anymore. Instead, he lost what little confidence we had in "fixing" college athletics.

Dennis Thomas, the chairman of the Committee on Infractions, said on a conference call earlier this month that the committee "was not in the business of sending messages."

Sorry to say it, but the NCAA's enforcement staff and the Committee on Infractions are in the business of sending messages.

They sent one loud and clear: It's ok to cheat. Blame it on the coach if you get caught. No need to monitor emails either.

But you better check on that house 100 miles away.

Emmert has talked about openness and a better understanding. The organization invited several members of the national media to Indianapolis for what they called the "Enforcement Experience."

The aim of it, as Vice President for Enforcement Julie Roe Lach explained to compliance officers from across the country, was for a good number of positive pieces and to remind everybody that the NCAA and the Committee on Infractions are separate.

Last I checked though, the enforcement staff reports to the president. If Emmert wanted to push for a message, a simple walk down the hall could have resulted in serious charges against Ohio State.

According to interview transcripts, Jim Tressel mentioned an email tip to school compliance officers but failed to mention what was actually in the emails. The compliance office - or anyone else for that matter - failed to follow up on this. Yet the NCAA enforcement staff said the school "followed up on tips it received."

The school said they only found out about the emails in January "due to an unrelated legal matter." Ask Big Ten commissioner Jim Delany though and he'll tell you it was due to a FOIA request.

Appears no one, not even one of the most powerful people in the country, could get an accurate answer from the Buckeyes.

At one point in an interview, Tressel told the NCAA that Ohio State told him to get rid of documents so they wouldn't become public record.

The folks at Enron are very impressed.

If the committee can nail USC based on a two minute, thirty-two second phone call, they surely could nail Ohio State with all that.

Ohio State was lauded by many as having a large and well respected compliance office. Yet both the NCAA and Ohio State agreed in December that their education efforts were inadequate. That was the basis for allowing the so-called "Buckeye Five" to play in the Sugar Bowl.

So Ohio State didn't do a good job at rules education in December but by July, according to the case summary, the institution "provided education to football student-athletes and staff regarding extra benefits and preferential treatment."

That statement was contradicted by the enforcement staff five paragraphs later by the way.

"The institution took monitoring efforts designed to identify the sale or distribution of institutionally issued athletics awards, apparel apparel and equipment," but somehow didn't know Terrele Pryor was taking "whatever" he wanted out of the equipment room.

And let's not forget the school's treatment of their beloved "Senator."

"This is an individual that I have tremendous respect for," University president E. Gordon Gee said of Tressel on March 8. "He's had great success in working with young people and we applaud that. But I think equally importantly, he's had great success in building the character and reputation for this university, which I'm entirely grateful for. He's done so by example."

A few months later in the Buckeyes' self-report: "The institution is embarrassed by the actions of Tressel."

At least the flip-flopping when they're backed into a corner is consistent.

There's still one more chance for the organization to say enough is enough. The committee could add a failure to monitor charge or lack of institutional control charge following Ohio State's August 12th meeting with them. The committee did it with Indiana in the Kelvin Sampson case but has rarely done so. It can also choose to punish the school harshly despite the two serious charges, as it did with Alabama several years ago in the Albert Means case. They can also cite the enforcement staff for doing a bad job, which they have also done on occasion.

"I fully expect that every NCAA member institution be held to the same high standards," Pac-12 commissioner Larry Scott said after USC's appeal was denied.

But based on everything that's happened so far with Ohio State, does anyone expect them to? Athletic director Gene Smith was the recent chairman of the NCAA Men's Basketball committee. Gee was Emmert's boss years ago at Colorado.

And even if the committee did hold them to those same high standards set in the USC case?

"I'll be shocked and disappointed and on the offensive, Smith told The Columbus Dispatch. "If I don't agree, we'll do everything we can to battle it and go through the appeals process."

Don't worry Gene, you've already won. Sorry Mark, you didn't.

After all, actions, Mr. Emmert, speak louder than words.

 
 
 
 
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