SMU statements on NCAA Infractions

[RGV Pony]

yes basic due process. Initial hearing or trial is a fact finding body. Appellate Court or appellate tribunals generally don't hear evidence although it is some times admissible with newly discovered evidence-but rare. The facts in this case seem pretty well established any way at least after Brown admitted "I lied". The Appellate Court is more concerned with applying established facts to the law and precedent.

So panel re hear or en banc and or we are done.

To the guy who just mentioned Carolina they haven't had their hearing yet

[Puckhead48E]

yes basic due process. Initial hearing or trial is a fact finding body. Appellate Court or appellate tribunals generally don't hear evidence although it is some times admissible with newly discovered evidence-but rare. The facts in this case seem pretty well established any way at least after Brown admitted "I lied". The Appellate Court is more concerned with applying established facts to the law and precedent.

So panel re hear or en banc and or we are done.

To the guy who just mentioned Carolina they haven't had their hearing yet

Wasn't UNC hit for something very similar to what they have under investigation now 5-10 years ago? I know they got basically nothing for the football investigations or the prior NCAA one.

[RGV Pony]

I believe you are right and it led to Butch Davis going gentle into the good night

[SMUstangs22]

yes basic due process. Initial hearing or trial is a fact finding body. Appellate Court or appellate tribunals generally don't hear evidence although it is some times admissible with newly discovered evidence-but rare. The facts in this case seem pretty well established any way at least after Brown admitted "I lied". The Appellate Court is more concerned with applying established facts to the law and precedent.

So panel re hear or en banc and or we are done.

To the guy who just mentioned Carolina they haven't had their hearing yet

Wasn't UNC hit for something very similar to what they have under investigation now 5-10 years ago? I know they got basically nothing for the football investigations or the prior NCAA one.

It is irrelavent as the NCAA restructured their punishments for infractions around 3 years ago.

[shadowman]

Need to wait the full 14 days, then appeal, that gets us further along into March and increases the chances that this season will not be affected. Hopefully, they have given this message to the players so they are not freaking out. Let them know this season is not in jeopardy.

[RGV Pony]

Need to wait the full 14 days, then appeal, that gets us further along into March and increases the chances that this season will not be affected. Hopefully, they have given this message to the players so they are not freaking out. Let them know this season is not in jeopardy.

Agree 100%

[Stallion]

This will be a whole new committee with a new set of eyes to conduct the appellate hearing. For that reason alone-it might be worth the appeal-but generally they are required to accept the facts found by the lower committee as true.

[SMUstangs22]

Even if the facts remain the same can they rule on whether or not the punishment was too harsh?

[docabel]

This will be a whole new committee with a new set of eyes to conduct the appellate hearing. For that reason alone-it might be worth the appeal-but generally they are required to accept the facts found by the lower committee as true.

If this is "really" true then there is NO explanation as to how penn state got completely off the hook since there has been nothing to contradict what the initial committee found

[smusportspage]

You forget, it is the NCAA they play by two sets of rules.

[Stallion]

I don't think the Committee found anything on Penn St. because NCAA investigation was impeded by ongoing criminal investigation assertions of 5th Amendment privilege by accused. I believe that case was a negotiated settlement where the NCAA simply accepted Penn St.'s private investigation report and self imposed sanctions. The State then questioned in Court the power of the university President to waive Sovereign immunity on behalf of the State-and further agreed alterations were made in the sanctions

[ponyte]

One could expect nothing less from the NCAA. SMU and all smaller schools will receive out of proportion penalties as compared to the Big Boys.

[smusportspage]

I forgot, if I ever knew, what were the Penn State self imposed sanctions again?

[EastStang]

Stallion you kind of hit the nail on the head. State Universities, we'll agree to whatever you want, but if you hit us too hard, oops we never waived sovereign immunity. Private Universities, thank you sir, may I have another.

[Stallion]

I forgot, if I ever knew, what were the Penn State self imposed sanctions again?

can't remember exactly but I think it was a fine of about 60 Million? Maybe 100 Million, and 45-50 lost scholarships and 2-3 years no bowl