OK, so now we appeal

[Terry Webster]

Like all of us, I am really stunned by the extent of what the ncaa has done. I expected a suspension for coach Brown and maybe a reduction in a few scholarships and I hope like heck we appeal. But will come of it? Does anyone think that the ncaa cares? That they will reduce the punishment?

[SMU 86]

We have to try. We can also file for a waiver on the post season ban.

[CalallenStang]

We must exhaust our options with the NCAA before going to court

[Stallion]

True but then you also have to come up with a cognizable cause of action to go Court. SMU agreed to be a part of the NCAA and voluntarily abide by its rules and regulations. The evidence seems undisputed that we cheated. Most Courts would defer to the findings and rulings of the NCAA since it provided procedural due process. If we don't like the NCAA rules and regulations we could join the NAIA or start our own. There is no Taint Fair Cause of action. I don't think any school has successfully sued the NCAA for a punishment that was too harsh. Individuals like Tarkanian have been successful on defamation claims. The State of Pennsylvania-not Penn St. sued on the basis of sovereign Immunity which I believe was settled by mutual consent. What cause of action could SMU possibly assert. Consequences-SMU black-balls itself from any future P5 possibility. The chances of a successful lawsuit by SMU against the NCAA is close to 0% for this set of facts. (Hint: It ain't happening)

[malonish]

Does starting an appeal / not having appeal heard push the punishment back? Let's say it takes a year to be heard. Does SMU get to go to postseason play?

[Stallion]

that's the play. Go ahead and get Brown's suspension out of the way and you can probably delay the sanctions until after the Tournament and I think there is a possibility of lowering some of the sanctions-not too unusual to have some lessening of sanction

[mrydel]

UCF just recently appealed their sanctions stating they were too harsh and got most of them, including the bowl ban, dropped.

[ojaipony]

that's the play. Go ahead and get Brown's suspension out of the way and you can probably delay the sanctions until after the Tournament and I think there is a possibility of lowering some of the sanctions-not too unusual to have some lessening of sanction

This. Silver lining is that it gives Jank some HC experience here. Nic and MK deserve one last shot for tourney glory.

[hoopmanx]

I think Brown may have cause to go after the NCAA for defamation, like Tark, tie it to his history w all 3 schools.

[gostangs]

question for stallion - how about a class action brought by SMU fans (damaged party) against the NCAA for selective enforcement?

[CalallenStang]

Stallion, what would you think about the following:

1) NCAA enforcement of rules is arbitrary - utilizing inconsistency of penalties as basis of argument
2) NAIA not viable option due to $$$$ differences in revenue between NCAA Division I and NAIA
3) Start own league not a viable option - no knowledge of suitable league partners to guarantee similar revenue as from NCAA especially when weighed against costs of starting a league

[Rebel10]

UCF just recently appealed their sanctions stating they were too harsh and got most of them, including the bowl ban, dropped.

That's right. They sure did.

[SMUstangs22]

Stallion, what would you think about the following:

1) NCAA enforcement of rules is arbitrary - utilizing inconsistency of penalties as basis of argument
2) NAIA not viable option due to $$$$ differences in revenue between NCAA Division I and NAIA
3) Start own league not a viable option - no knowledge of suitable league partners to guarantee similar revenue as from NCAA especially when weighed against costs of starting a league

You cant be serious

[CalallenStang]

Stallion, what would you think about the following:

1) NCAA enforcement of rules is arbitrary - utilizing inconsistency of penalties as basis of argument
2) NAIA not viable option due to $$$$ differences in revenue between NCAA Division I and NAIA
3) Start own league not a viable option - no knowledge of suitable league partners to guarantee similar revenue as from NCAA especially when weighed against costs of starting a league

You cant be serious

Not really, just probing Stallion's mind

[GiddyUp]

UCF just recently appealed their sanctions stating they were too harsh and got most of them, including the bowl ban, dropped.

thats good news