South Carolina under NCAA microscope!

[ponyte]

Now if we are talking about how SMU was treated in the two prior NCAA probation realize that our university was lying thru its teeth during those investigations and some high placed officials might well have committed perjury (if under oath). Unfair?

A legal definition of perjury

PERJURY - When a person, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the U.S. authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or in any declaration, certificate, verification, or statement under penalty of perjury, willfully subscribes as true any material matter which he does not believe to be true; 18 USC

In order for a person to be found guilty of perjury the government must prove: the person testified under oath before [e.g., the grand jury]; at least one particular statement was false; and the person knew at the time the testimony was false.

The testimony of one witness is not enough to support a finding that the testimony was false. There must be additional evidence, either the testimony of another person or other evidence, which tends to support the testimony of falsity. The other evidence, standing alone, need not convince that the testimony was false, but all the evidence on the subject must do so.

I was not in law school class the day they went over the part where NCAA investigaions were declared "competent tribunal, officer, or person, in any case in which a law of the U.S. authorizes an oath to be administered". No doubt SMU officials were not honest but one is hard pressed to call it perjury. Dishonest, yes, perjury, not likely.

[jtstang]

Well that's a federal statute's definiton of perjury as a federal crime. I think any statement made under oath at any proceeding can be viewed as perjury, even in a private proceeding. Frankly I don't know if the NCAA administers oaths. I DO know they do not appreciate what you would rather simply call dishonesty, as evidenced by the death penalty handed down to SMU.

[CalallenStang]

The fact of the matter is that while SMU stiffened their own penalty through lies, the actual offenses to NCAA rules are strikingly similar between the SMU case and many other cases that have since been given smaller penalties. I believe there was an Alabama case that included recruiting and lack of institutional control, but I am not sure on that. However, I will research it and see what I can come up with for you. I am less familiar with their cases as I am with the Kentucky case (after all, Mr. Bassett, who committed the infractions at Kentucky, is now the football coach at Robstown, about 4 miles from Calallen).

[CalallenStang]

Also, the Kentucky case did feature Lack of Institutional Control, as seen in this document

http://64.233.187.104/search?q=cache:pI ... bama&hl=en

[CalallenStang]

Here's the Alabama case with Lack of Institutional Control

An investigation into the football program started in November 1992, eventually encompassed illegal agent contact with star player Antonio Langham and resulted in harsh sanctions against UA, including a finding of a lack of institutional control. Although some of the NCAA's findings in that case were vacated on appeal, UA still suffered a one-year ban from post-season play and heavy scholarship losses.

http://64.233.187.104/search?q=cache:Eb ... bama&hl=en

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

[CalallenStang]

South Carolina today...

http://www.sportsline.com/collegefootball/story/8642819

Gamecocks admit 10 Holtz-era violations, five major
July 13, 2005
CBS SportsLine.com wire reports

COLUMBIA, S.C. -- South Carolina admitted to 10 NCAA violations committed under former football coach Lou Holtz in a report released Wednesday.

Five of the violations were classified as major.

The report was prepared jointly by the NCAA enforcement staff and the university and has been forwarded to the NCAA's Committee on Infractions, which can accept, reject or modify the proposed penalties.

The school found violations occurred when prospective student-athletes were given impermissible tutoring sessions and offseason workouts from 1999-2002.

South Carolina was also found to have a lack of institutional control.

"These are serious violations that are not in keeping with the values of the University of South Carolina and our athletics programs," University President Andrew Sorensen said. "They certainly cast our university in a light which no one in the Carolina family condones."

Holtz did not immediately return messages left by the Associated Press at his home in Orlando, Fla.

The school proposed two years of probation, a reduction from 56 to 50 paid campus visits for football recruits this year and next, and a loss of two football scholarships for the 2006-07 and 2007-08 academic years.

Steve Spurrier, who replaced Holtz, says he hopes the NCAA will accept the penalties, "which I believe are fair, so that we can get this matter behind us."

School officials said Tom Perry, former senior associate athletic director for academic support services, is no longer with the school and and Pat Moorer, former strength and conditioning coach, was reassigned after Spurrier took the job.

Holtz retired at the end of last season.

"Any violation of the NCAA legislation is unacceptable, and I regret that five violations not previously discovered by the athletics department were discovered," said Mike McGee, who retired after more than 12 years as South Carolina's AD last month.

The report closes a chapter during which South Carolina had some of greatest success as Holtz went 17-7 and won the Outback Bowls in 2000-01.

"Any success that we have in athletics should be earned honorably and never be tainted by any violation of the rules and regulations that govern intercollegiate athletics," University of South Carolina board Chairman Herbert Adams said.

AP NEWS
The Associated Press News Service

Copyright 2004-2005, The Associated Press, All Rights Reserved

[ponyte]

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

One might consider having one's medulla oblongata adjusted with thoughts like that.

[CalallenStang]

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

One might consider having one's medulla oblongata adjusted with thoughts like that.

What I like about it is that every day is a learning experience.

[jtstang]

One might consider having one's medulla oblongata adjusted with thoughts like that.

No kidding--save yourself, its too late for me.

[jtstang]

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

Be something else, there's no room at the inn.

[CalallenStang]

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

Be something else, there's no room at the inn.

Law runs in my family. Before my grandfather, four generations of my family had all been lawyers (and a few judges mixed in).

[DiamondM75]

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

Be something else, there's no room at the inn.

Law runs in my family. Before my grandfather, four generations of my family had all been lawyers (and a few judges mixed in).

I'm sorry.

[CalallenStang]

BTW guys, keep up the law talk...I'm looking into becoming a lawyer and I love dealing with things in legal terms.

Be something else, there's no room at the inn.

Law runs in my family. Before my grandfather, four generations of my family had all been lawyers (and a few judges mixed in).

I'm sorry.

Yeah, my family is made up of doctors, lawyers, engineers, and businessmen. No one is too interesting

[jtstang]

Yeah, my family is made up of doctors, lawyers, engineers, and businessmen. No one is too interesting

Engineering is an honorable profession, we need more good ones. Or bad ones too, since that makes up part of my law practice.

[CalallenStang]

Yeah, my family is made up of doctors, lawyers, engineers, and businessmen. No one is too interesting

Engineering is an honorable profession, we need more good ones. Or bad ones too, since that makes up part of my law practice.

There are a lot of people trying to be engineers these days. It's not my cup of tea, though.