Appeal looks less likely

[Stallion]

you don't have to prove "arbitrary and capricious"-all you need to prove is "excessive" and that will be determined by the appellate NCAA panel and not at a Court House. If they actually used the "arbitrary and capricious" standard THEN you might have a lawsuit because NCAA failed to follow its own rules. About all you could get would be a restraining order preventing the NCAA from enforcing the penalty and ordering the NCAA appellate panel to reconsider the appeal and apply the correct standard. Thanks for the example-that's the type of NCAA mistake which might actually allow SMU to file a lawsuit-and the only remedy a Court might impose based on its limited review of the administrative due process of a private association

[EastStang]

There was a recent 4th Circuit case involving certifications of schools which spent a great deal of time looking into the Administrative processes and the ultimate determination was that the ruling of an appellate body would only be overturned if it were arbitrary and capricious and the facts in the case clearly showed that decision was given a thorough review and the standard applied was reasonable in scope and in fact.

[redpony]

the ultimate determination was that the ruling of an appellate body would only be overturned if it were arbitrary and capricious and the facts in the case clearly showed that decision was given a thorough review and the standard applied was reasonable in scope and in fact.

Would our penalty be reasonable in scope and fact when compared with other penalties issued? i.e. Ped state etc..

Would we later have any recourse if they (ncaa) did very little to NC and L'ville in light of the comparison of violations? Just curious for other opinions.

[RGV Pony]

NC and Lville will depend on what they get, which at the soonest will be what, next Aug for Carolina. This Lville stuff hasn't even generated a notice of allegations and may not for months. Anything prior to Syracuse and I guess Eastern NM don't apply since they weren't under these standards

[redpony]

RGV- my point was that when these other penalties are handed down and they are not in proportion to what we received is there any legal recourse we can take. I am really getting tired of the ncaa selective enforcement and their 'wrist slap' penalties to their favorite schools while butt-slapping the small private schools.

[RGV Pony]

Totally agree with your point.

[Stallion]

No -you have a timetable to appeal raising all points of appeal now

If you don't exhaust administrative remedies under the NCAA due process then that would be yet another affirmative defense against an SMU lawsuit which would likely be successful against SMU.

Don't get two bites at the apple

[CalallenStang]

No -you have a timetable to appeal raising all points of appeal now

If you don't exhaust administrative remedies under the NCAA due process then that would be yet another affirmative defense against an SMU lawsuit which would likely be successful against SMU.

Don't get two bites at the apple

Agreed

[EastStang]

Whatever they decide to do or not do, I hope they issue a press release explaining the action taken or not taken. If for example LB and the players don't want to appeal (or the Golf Coach and the golfers), then I would not appeal, but that would be about the only reason I would not do so.

[gostangs]

Prediction - SMU will talk both coaches into making public statements that they prefer not to appeal "for the good of the future of the program - i.e. recruiting. Then SMU can hide behind the skirt of the coaches and say we didn't appeal because the coaches thought it best not to, when in fact the administration doesn't want to deal with this for the next 6 months.

Hope I'm wrong, but bet I'm not.

[mrydel]

I would rather they just come out and state that under the new guidelines that although we feel our indiscretion was minor, that the enforceable penalties are appropriate within these new guidelines. We choose to move forward aggressively and continue our compliance in the manner complimented by the NCAA investigative group.

Then add......we will be watching with great interest how the penalty for this one infraction committed independently by a former staffer will compare with other programs currently under investigation, or soon to be under investigation.

[gostangs]

completely disagree. We HAVE to appeal the post season. There is really no down side to doing that for the next three months to see how it progresses. The NCAA wants to make some room for themselves. We would prevail.

[mrydel]

I personally want to appeal. I was following up on your prediction of them choosing not to appeal. If they do not I want a direct shot to the NCAA saying show us what you are going to do to NC and Louisville.

[Mestengo]

Straight out of Compton - I prefer that approach.
What has the NCAA ever done for college sports except ride on their back plus they have an ugly logo

[ponydawg]

I personally want to appeal. I was following up on your prediction of them choosing not to appeal. If they do not I want a direct shot to the NCAA saying show us what you are going to do to NC and Louisville.

The problem I see......
NCAA will go "hard" at NC and UL, but the difference will be THEY WILL APPEAL whatever comes their way and their punishment will be reduced. Will be our fault if we don't appeal.