Filing a lawsuit Against the NCAA

[PhantomPhi]

Obviously, the football was fumbled twice. Rookie mistakes were made by SMU staff. Hence the comment.

[JasonB]

Obviously, the football was fumbled twice. Rookie mistakes were made by SMU staff. Hence the comment.

Its pointed out in the report that we did a great job educating all of our coaches.

This is basically how I understand it: "Look, you do everything you can to educate the coaches. They made a point of saying they were well educated in the investigation. They new the rules. They just chose to break them on their own terms, without any prompting by anyone else in the University. What are you going to do? All you can do is try to find out who is breaking the rules as fast as you can, report it to the NCAA, and fire them. That is what we did."

[gostangs]

Which is exactly why the harshness of the decision is so baffling, and in my opinion so likely to get at least some relief.

[Topper]

If Jerry Tarkanian was alive you could ask him how stupid it is to sue the NCAA. They are bullies and should be taken to court if they behaved inappropriately. We should have fought them tooth and nail years ago. Even if we lose we make it clear that we will cost them money. In the discovery phase a lot of embarrassing facts about those losers that run that place and their interactions with other schools who are much worse than we might be exposed. It would be worth it.

The fact that cheerleaders and boosters don't have standing to sue them doesn't mean that the school doesnt have standing if it has been treated like crap.

[Stallion]

Tarkanian lost all the way up to and including the Supreme Court-probably spent a fortune and ran him from the game

It was a few years later after his coaching career that he sued the NCAA in a separate lawsuit and settled for 2.3 Million.

I'd bet he lost more money than he won or close to it. Different types of causes of action

You want to be a martyr or have a successful program?

[Topper]

Tarkanian lost all the way up to and including the Supreme Court-probably spent a fortune and ran him from the game

It was a few years later after his coaching career that he sued the NCAA in a separate lawsuit and settled for 2.3 Million.

I'd bet he lost more money than he won or close to it. Different types of causes of action

You want to be a martyr or have a successful program?

I want the NCAA to enforce its rules equitably even if that means going after UT or any other sacred cow. We are never going to have a successful program if we are either on probation or under enhanced surveillance at all times. We are a scapegoat and if it doesn't stop we will never have success.

[smusic 00]

Embarrass the crap out of them exposing all their dirty laundry. In the end will the bball program be in worse shape than now? Hardly.

[Topper]

Embarrass the crap out of them exposing all their dirty laundry. In the end will the bball program be in worse shape than now? Hardly.

Exactly. How much worse can it get? When I was in high school the NCAA went after SMU men's basketball because it recruited Ira Terrell. When I enrolled we were on football probation. Then again by the time I graduated school. After that the DP. It won't end if we don't do something extraordinary.

[Topper]

Embarrass the crap out of them exposing all their dirty laundry. In the end will the bball program be in worse shape than now? Hardly.

Exactly. How much worse can it get? When I was in high school the NCAA went after SMU men's basketball because it recruited Ira Terrell. When I enrolled we were on football probation. Then again by the time I graduated school. After that the DP. It won't end if we don't do something extraordinary.

[Stallion]

probably a 10% it survives a preliminary motion to dismiss-therefore likely no discovery. You have to articulate a viable cause of action and I know of none for this type of injury.

[Topper]

probably a 10% it survives a preliminary motion to dismiss-therefore likely no discovery. You have to articulate a viable cause of action and I know of none for this type of injury.

You are way off base. How can you say that it has 90% chance of preliminary dismissal if you don't even know what is in the pleadings? You seem obsessed with the case regarding standing which was correct law but is inapplicable if the school or a coach is the plaintiff. I can't argue the case with you because I don't know how our lawyers might plead it, but I can tell you that if we are treated with shocking disparity compared to, let's say UNC, then we must have an arguable case. We may not win ultimately, but we should make them sweat it out and at least put the fear of God into them. If we can get to the discovery stage the powers that be will have a word with the dear old NCAA to save the image of their own programs.

[ponyboy]

Appeal to the NCAA-take the punishment and move on.

Within reason, yes.

[smusic 00]

I am sick of being the [deleted] in this relationship.