Tag:Notice of Inquiry
Posted on: June 21, 2011 1:49 pm
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There's cause for concern in Oregon

Posted by Bryan Fischer

Drip, drip, drip.

That's generally how news comes out about NCAA investigations at schools and it appears Oregon fans are finding that out all too well this week. Monday night Oregon released several documents to the media as part of open records requests stemming from the NCAA's investigation into the scouting service run by Will Lyles. The biggest nugget to come out of the documents was the fact that the university paid $25,000 for a scouting report that was two years old.

Lyles' "2011 National Package" was full of recruits from the 2009 class and had, among the notable names, SMU's junior starting quarterback Kyle Padron. In fact, none of the 140 players in the booklet Oregon turned over were identified as recruits in the class of 2011. Lyles has been connected to current Oregon running backs LaMichael James and Lache Seastrunk and former running back Dontae Williams, all of whom are from Texas.

So what's next?

CBSSports.com Senior Writer Dennis Dodd, who is in Eugene this week, wrote Tuesday morning that it's hard for him to believe Oregon could be this dumb. After all, paying $25,000 for something that pales in comparison to any other national package and paying that amount for old and relatively useless information is something they can smell all the way in Indianapolis.

While most Oregon fans can admit that the entire episode seems shady, it's hard to see what NCAA bylaws the school broke in paying Lyles $25,000 for his recruiting service.

There are four main bylaws that govern scouting or recruiting services: 11.3.2.5 (school personnel can't consult or endorse services), 12.3.3.1 (services can distribute student-athletes information but can't be paid a fee based on placing them at a school), 13.1.7.20 (coaches can't watch off-campus video of athletes provided by services) and 13.14.3, which is the main definition of a recruiting or scouting service.

Oregon needs to be concerned about 12.3.3.1 and 13.14.3 (below):

An institution may subscribe to a recruiting or scouting service involving prospective student-athletes, provided the institution does not purchase more than one annual subscription to a particular service and the service: (Adopted: 1/1/02, Revised: 1/16/10)

(a) Is made available to all institutions desiring to subscribe and at the same fee rate for all subscribers;

(b) Publicly identifies all applicable rates;

(c) Disseminates information (e.g., reports, profiles) about prospective student-athletes at least four times per calendar year;

(d) Publicly identifies the geographical scope of the service (e.g., local, regional, national) and reflects broad-based coverage of the geographical area in the information it disseminates;

(e) Provides individual analysis beyond demographic information or rankings for each prospective student-athlete in the information it disseminates; (Revised: 4/13/10)

(f) Provides access to samples or previews of the information it disseminates before purchase of a subscription; and

(g) Provides video that is restricted to regularly scheduled (regular-season) high school, preparatory school or two-year college contests and for which the institution made no prior arrangements for recording. (Note: This provision is applicable only if the subscription includes video services.)


Based on the documents turned over to the media by Oregon, Lyles' service he provided the school fails to fit (c) and (d) because he did not distribute reports at least four times per year and his geographical scope does not fit the definition of a national package. The "National" package Lyles sent was supposed to contain information on 22 states yet only contained information from five states and all but five players were from the state of Texas. A national package it was not.

According to George Schroeder of the Register-Guard, the media requested the video Lyles sent along but a school spokesman said 'Lyles delivered some video, but said the school had difficulty retrieving the video from its computer system, or separating it from video gathered by other means.'

While it is difficult to predict what the NCAA enforcement staff will do, it's very possible they will declare this an impermissible recruiting service. The staff could then argue that the $25,000 was - in essence - a payoff for delivering players and a violation of bylaw 12.3.3.1. This would place the players eligibility in question as well and could result in victories being vacated for playing ineligible players. It would also mean Oregon committed a major violation.

Oregon and the Ducks' coaching staff would certainly have to explain themselves (so far the university has issued a no comment). The Committee on Infractions would certainly want an explanation and would no doubt dare Chip Kelly and the compliance department to show how they could justify $25,000 for old information. Saying they were just defrauded by Lyles likely won't cut it and failure to answer the question truthfully or a failure to explain why they didn't raise the issue beforehand could result in a 10.1 violation for unethical conduct. Ask Jim Tressel and Ohio State what happens when they commit a 10.1 violation.

One BCS conference compliance officer told CBSSports.com that based on what they've read, "It doesn't look good but I won't predict how it plays out." Another said, "It's possible Oregon thought what they were doing was permissible but got it very wrong."

The school has not been issued a Notice of Inquiry, which marks the formal start of the investigation but the NCAA is certainly looking what has been going on in Eugene. Combined with an inquiry into the basketball program and the fact that Oregon coaches exchanged around 400 text messages and numerous phone calls with Lyles, things are starting to get very interesting.

No one knows how things might turn out for Oregon but there is cause for concern in Eugene.
 
 
 
 
The views expressed in this blog are solely those of the author and do not reflect the views of CBS Sports or CBSSports.com