Keith Frazier

[JasonB]

How much do you think we paid the admin assistant to stop talking?


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None. We wanted her to stay involved to corroborate either Keith's message or Ulrich's so that there was a clear guilty party. Instead, she bailed, nothing could be proven, so now the media jumps on Larry.

[Mustangsabu]

Let me ask this question. Who on this message board thinks that if the truth was public knowledge it would result in a more positive view of the university's conduct?


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[mrydel]

Who on this board believes that only you know the truth.

[soccermom]

It's not complicated. Rick Hart is charged with running the department that has now become a national scandal. He should be fired. The incompetence shown in how the school dealt with this is sufficient alone. With all that's at stake and with all under his control he could not get a player, admin or head coach to get their story straight before meeting the NCAA.

And as for June, my opinion of him has changed but I would take the position that Rick wet the bed with that too.

I don't agree with you. We did self report and fired the guilty parties and took away some scholarships. I read that our compliance dept was told, and that corrupt group got involved, so who was LB suppose call and say there was a problem when he found out? They already knew. We all have our opinions and I will die believing the ncaa is just waiting to shoot us down. When we start winning in football, they'll be digging around, too.
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[Mustangsabu]

I don't know the truth, but I'm pretty sure this ain't it.


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[Stallion]

connect the dots

[RGV Pony]

I don't know how you blame Hart or compliance for any of this. I think the responsibility lies pretty tightly on Larry Brown and the administrative assistant he hired and was supposed to monitor with regard to a recruit that everybody knew was a huge academic questionmark.

The more I read things on this board...against my better judgment, perhaps..the more I think there are a lot more people without life experience other than punching a clock, doing their job and going home.

Agree with you Stallion on Hart. To the extent that the NCAA now says the head coach is responsible, I agree with you on LB. That said, and this comes from a fair amount of personal experience, suppose this:

You own/run/are responsible for a large company or group of companies
You have subordinates for which you are ostensibly vicariously liable
They have responsibilities that you ask them to handle. You are their direct report, so of course they report to you regularly.
Something blows up with regard to something the subordinate was supposed to handle.
You confront subordinate and find out that the way they were 'handling' wasnt necessarily how you would handle. In fact, they endeavored to handle it in some unacceptable ways.

Later on, before (fill in the blank) the licensing board/bar/attorney at a deposition/district court/abitrator, you or hopefully your attorney point out that yes, you accept vicariously liability. And you are responsible for your subordinate to the extent that the contract he/she has with you specifies. Them acting outside of the contract and job description is an affirmative defense for you, is it not? They took license. Doesnt erase the wrong-doing, but lessens the blow on your own liability.

My contention would be yes. After all, I've used it.

Did SMU mess up? Yep. Were they sloppy in handling it? Yep. Are they as a result not entitled to mount a defense?

[Stallion]

generally the principal is responsible for the actions of the agent within the course of his responsibilities. I think your explanation is plausible in an area that the executives weren't focused on. I just have real doubts that the eligibility of a recruit like Keith Frazier with red flags flying everywhere was one of those situations where the executive could realistically escape skepticism for failing to ensure compliance

making sure there is mustard for hot dogs would be an example though

[RGV Pony]

I don't dispute the skepticism.

Last example:

Stallion, in an effort to supplement income from his law practice, buys three modest frozen yogurt franchises.

Yogurt is a notch below the law factory, so Stallion hires a district manager to handle the day to day operation. The district manager has a signature stamp and some manual checks to handle miscellaneous expenses here and there.

District manager tells Stallion this year's county property tax bills have come and would he like her to take care of them. Sure, says Stallion. Days or weeks later, Stallion, to double check, says "hey...those property taxes get handled?" "Yes sir."

More than a year later, the district manager has moved on to run a couple of Twisted Roots and Stallion gets a delinquent tax notice. Turns out, the county of Dallas is liening and about to seize property for nonpayment of taxes. Stallion knows those taxes were paid, pulls up the checks, sees they were made out in the name of the district manager, and the memo says 'for money order-taxes'. As fate would have it, further investigation uncovers embezzlement not just for the taxes but several thousand more that Stallion was previously unaware of.

Obviously the bad actor was the District Manager. Stallion's name is on the LLC and the lease and the tax records, so he bears responsiblity and writes the check to right the ship. He accepts responsibility, but what else should happen? Disbarred because he should have known? Forbidden from owning land or running a business because he's a multiple-instance tax evader?

[couch 'em]

As a licensed professional engineer the law is written where any work done by my underlings is my legal/liability problem whether they were doing what I intended them to our not. The law is written such that I should arrange it so that I can monitor all grunts close enough to catch them screwing up.

[RGV Pony]

I can monitor all grunts close enough to catch them screwing up.

instantaneously? an hour later? a week later? a month?

[whitwiki]

Pe signs all drawings before they can be issued for construction. So he should catch mistakes prior to the issue ever becoming public. It does not, however, hold him responsible for all money embezzlement or anything unrelated to engineering calcs and guarantees.

[smusportspage]

Don't get bogged down in the weeds. SMU messed up but the sanctions were abusive and outside the heartland of reasonableness. Come on folks, stay focused. Appeal to get lesser sanctions. Enough with the what ifs and speculations that won't change anything.

[RGV Pony]

Good point sportspage. An appeal isn't about retrying whatever went on

[mrydel]

Agreed. UCF method.