The Definition of Lack Of Institutional Control

[smupony94]

I really don't give a damn what point you were making PK because your point is irrelevant, immaterial and hearsay and your speculation wouldn't be admitted as evidence unless you have ANY evidence that the Alabama Board of Trustees, the President of the university or other responsible officer in the administration played any role in the cheating scandal or in failing to investigate or cooperate with the NCAA. So why don't you tell us the evidence on which you make the conclusory statements:____________________________________. Until one of you geniuses can fill in that blank then you have presented what is called "no evidence" and any legal tribunnal would be required to find there was "no evidence" to support any finding of lack of institutional control.

haha i'm really enjoying this... i'm guessing you do a good job in the court room

Stallion spends far too much time on Ponyfans to be in the courtroom and one of these days his clients will rebel against his over billing

From what I have learned he is a glorified paralegal

[EastStang]

There's what the law says and what the jury will do. The NCAA rules are pretty clear that any school that violates competitive standards while on probation is eligible for the death penalty. Just as there are cases where a capital crime is committed but the jury based upon the contrition of the Defendant, the wishes of the deceased's family or for whatever reason chooses not to levy the death penalty. The NCAA infractions committee has basically added a new requirement not found in the NCAA rules, "infected governance". How about the St. Bonaventure case where the President of the University, the coach and AD were all in on the violations? Why wasn't the death penalty issued? Because they were not death penalty eligible. Or the Fresno State case where they hired Tarkanian which was like flipping a big bird at the NCAA. They were DP eligible but cooperated and avoided the axe.

So the word is out, cheat to your heart's content and when you're caught cooperate, cry, shed a tear or two, say you're sorry and wait a few years and go back to cheating. By the way, speaking of the NCAA, there are a ton of Illinois alums that are calling for the head of their president for caving in on getting rid of the Chief. And the William and Mary president committed the double sin of caving to the NCAA and removing a cross from the school chapel and was called to the carpet by the alums (one alum cancelling a $12 Million pledge over the cross issue). Money talks....

[Stallion]

how many glorified paralegals have winning briefs in the U. S. Supreme Court, the Texas Supreme Court and the 5th Circuit Court of Appeals.

[Mountain Mustang]

He's not afraid to pat himself on the back is he folks?

[expony18]

I really don't give a damn what point you were making PK because your point is irrelevant, immaterial and hearsay and your speculation wouldn't be admitted as evidence unless you have ANY evidence that the Alabama Board of Trustees, the President of the university or other responsible officer in the administration played any role in the cheating scandal or in failing to investigate or cooperate with the NCAA. So why don't you tell us the evidence on which you make the conclusory statements:____________________________________. Until one of you geniuses can fill in that blank then you have presented what is called "no evidence" and any legal tribunnal would be required to find there was "no evidence" to support any finding of lack of institutional control.

haha i'm really enjoying this... i'm guessing you do a good job in the court room

Stallion spends far too much time on Ponyfans to be in the courtroom and one of these days his clients will rebel against his over billing

From what I have learned he is a glorified paralegal

don't you think all of us spend too much time on ponyfans?

[peruna81]

If in fact those are the credentials, that is not patting himself on the back, but evidence of ability...although 'Stallion-baiting/bashing' might entertain a few, the post is about institutional control...

A question I have for the board legal types...Is there any legal recourse from SMU's perspective against the NCAA for not applying the DP to other universities ? In reading the above response re Alabama, the committee seemed to warn how close, how very close they came to dropping the hammer on UA. I am sure that the good folks in Tuscaloosa shuddered and sought to mend their ways with that threat alone .

Equal application of the 'law' is my beef. SMU got what it deserved in the 80's, but the moveable feast of what 'institutional control' is reminds me of Bill Clinton's parsing of verbs. Legal recourse or none ?


God bless Gene Phillips..

[Stallion]

SMU forclosed any possible equal protection or other argument by failing to exhaust its administrative, legal and/or appellate remedies within the NCAA and the Courts at the time. SMU never challenged the NCAA findings and in fact accepted the sanctions.

[EastStang]

I'm glad Stallion helped write winning briefs in these various appellate courts (not sure he actually argued the cases), but anyway, he is correct, we have no remedy except to complain about it. We can't even start to cheat because we have a basketball probation coming up, I'm certain, from the Burgers and Tide debacle. And if we're on probation, we're death penalty eligible. And we know the NCAA would lower the boom on us again, if it got the chance, the scalawags.

[expony18]

SMU forclosed any possible equal protection or other argument by failing to exhaust its administrative, legal and/or appellate remedies within the NCAA and the Courts at the time. SMU never challenged the NCAA findings and in fact accepted the sanctions.

why didnt we? would it just have been a waste of time and money

[jtstang]

There is one thing that SMU could do in response to the mean ole NCAA that is undisputable: it's a private association, so if we don't want to play by their rules we can just drop out.

[Roach]

How many years/decades is this going to be re-hashed?

For god's sake, let's figure out how each of us can help SMU get better as we move forward, rather than dredging up the same old saga ... again ... and again ...

[expony18]

i understand that, but its like a dog who was just beat by its owner after peeing on the carpet... and slowly retreats to its dog house with his tail between his legs.

**Expony18 does not condone animal abuse

[EastStang]

Dogs do lots of things. Some of them we can't do.

[PlanoStang]

How many years/decades is this going to be re-hashed?

For god's sake, let's figure out how each of us can help SMU get better as we move forward, rather than dredging up the same old saga ... again ... and again ...

That's a NO BRAINER

When a big time BCS money school get's the full year DP for breaking
the rules as the ncaa DP rule states. Then maybe we can start thinking
about it.

If the ncaa carries on, and levies more DPs, then we will become more
confident they are serious about the DP. As it is, and the common
reasoning the the ncaa will never give the DP again is just evidence
that SMU's DP was ALL BIG ANIMAL EXREMENT SCAPEGOATING

[Glenn Sosbee]

Wow. Your hatred toward Bill Clements overshadows your whole lousy point. Remember, It's Bush you're supposed to hate. Get with the times. Or, do you just hate all Republicans?
While you were probably still in diapers, this "newbie" was in Austin watching SMU kick UT's [deleted] 20-6, back in 83. I'm 41 now, and I promise you, that victory is still SWEET. Everybody was playing by the same rules, so it was finally an even playing field for the ponies, and we kicked [deleted].
Similar rules violations would have been found in every other SWC school at the time, had there been other investigations. But the NCAA didn't go sniffing around places like Austin and College Station. The fact is, SMU was singled out because of a policy of selective enforcement by the NCAA. TCU, another private, also got singled out.
Nowadays, the NCAA is focused on really important things like politically incorrect nicknames, and revenue sharing (men's football money going to ladies volleyball). What a great institution!