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Miami Heat-- the News Gets Worse

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Re: Miami Heat-- the News Gets Worse

Postby ponyte » Thu Aug 18, 2011 9:05 am

The problem will not be a lack of institutional control or the lack of recent probation, the problem will be that an anything goes once gap in the rules will be exposed for the entire public to see. If Miami meets the institutional control (or lack thereof) portion and the guy was handing cash to players on the sideline, it will be public information. Folks will wonder why such blatant activities is without severe punishment. The public will not know the little neat details that distinguish SMU form Miami. And every institution in the NCAA will know that they will have a complete pass at least once every five years to be completely out of control and not get a severe penalty. And the public will know it.


I am not disagreeing that Miami will not get the DP, I just believe by not putting the DP into play in a very public and blatant violation of rules, the NCAA will face some very tough public scrutiny.
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Re: Miami Heat-- the News Gets Worse

Postby RednBlue11 » Thu Aug 18, 2011 9:05 am

the thing about it being a discretionary option is that we shouldn't use why we got it as a measuring stick because no one will ever have the same scenario happen to them...i've seen it several times on here "but they didn't have the governor involved" or "they haven't proven that administrators knew"

guess what? it probably wont matter here...UNC is getting pummeled for 9 major violations, and USC for one... Miami has committed at LEAST 72! and this isn't based on some envelope and confessions, this is based on check stubs, receipts, pictures in clubs and on his yacht.

and the NCAA director of compliance is was the F#%!*%$ AD! while this whole thing was going on!

this is so rock solid that if they don't get some kind of epic punishment i will be shocked.
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Re: Miami Heat-- the News Gets Worse

Postby Treadway21 » Thu Aug 18, 2011 9:07 am

jtstang wrote:Miami's case has all of the trimmings of "lack of instituional control" which of course is the stated condition precedent for "death panalty" sanctions. But as I understand it that sanction is discretionary, not mandatory. The reality of it all is that the only precedent, the SMU case, has additional factors that I am not aware are present here. I have not heard the there is any Florida polictical aspect to this case (as there was with Bill Clements and SMU). Has there been any such allegation? And were they already on probation, like SMU was, for the same type of conduct? Not sure about that one either. There will be no death penalty, nor is there any grounds to complain, unless these additional factors are present in the Miami case.


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Re: Miami Heat-- the News Gets Worse

Postby EastStang » Thu Aug 18, 2011 9:23 am

The Governor Clements part in my view was the reason for the cover-up, not the reason for the penalty or the enhancements. We got hammered because we basically told the NCAA that we would stop paying players and kept our fingers crossed and never stopped. We were on probation at the time, it was an easy decision. I think Miami is still on probation for the last round of stuff they pulled, is what I heard on the radio. And remember the entire athletic program is on probation when any sport is on probation. The NCAA database for violations now requires registration to view it. Funny how that happened when all this stuff started bubbling up. But they are not going to DP Miami because the ACC doesn't want that, ESPN doesn't want it, and the NCAA is too gutless to pull that trigger. They will emasculate their recruiting and will probably put in a long post-season ban to ensure that it takes awhile for Miami to get back on track. Glad we didn't hire any of their former coaches.
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Re: Miami Heat-- the News Gets Worse

Postby jtstang » Thu Aug 18, 2011 9:23 am

Ponyte and RednBlue:

Forget all of the nonsense about whether or not Miami deserves it or even how it compares factually to the SMU case (although as a lawyer precedent is what I think you have to look at, and RednBlue you nailed it--the lack of similarity to SMU, even on such ridiculous factors, gives the NCAA the out it needs). Let's just acknowledge the elephant in the room--call a spade a spade--or whatever cliche you want to use--the NCAA will never use the death penalty again precisely because of the devestation it created at SMU. And that's the bottom line. Severe penalties, you bet--see USC. But the death penalty? Don't hold your breath.

Treadway: eat [deleted], if I have an opinion I will feel free to state it. If you disagree you're just wrong.
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Re: Miami Heat-- the News Gets Worse

Postby RGV Pony » Thu Aug 18, 2011 9:25 am

jtstang wrote:Ponyte and RednBlue:

Forget all of the nonsense about whether or not Miami deserves it or even how it compares factually to the SMU case (although as a lawyer precedent is what I think you have to look at, and RednBlue you nailed it--the lack of similarity to SMU, even on such ridiculous factors, gives the NCAA the out it needs). Let's just acknowledge the elephant in the room--call a spade a spade--or whatever cliche you want to use--the NCAA will never use the death penalty again precisely because of the devestation it created at SMU. And that's the bottom line. Severe penalties, you bet--see USC. But the death penalty? Don't hold your breath.

Treadway: eat [deleted], if I have an opinion I will feel free to state it. If you disagree you're just wrong.


so [deleted] doesnt get deleted anymore?
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Re: Miami Heat-- the News Gets Worse

Postby jtstang » Thu Aug 18, 2011 9:26 am

[deleted] no.
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Re: Miami Heat-- the News Gets Worse

Postby StallionsModelT » Thu Aug 18, 2011 9:35 am

jtstang with some very colorful language.
Back off Warchild seriously.
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Re: Re: Miami Heat-- the News Gets Worse

Postby RGV Pony » Thu Aug 18, 2011 9:37 am

jtstang wrote:[deleted] no.


Gamecocks ?
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Re: Miami Heat-- the News Gets Worse

Postby mrydel » Thu Aug 18, 2011 9:39 am

I believe you need to flush.
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Re: Miami Heat-- the News Gets Worse

Postby Treadway21 » Thu Aug 18, 2011 9:42 am

JT, Feel free to state your opinion, and I will feel free to call it predictable. I don't disagree about the NCAA not giving out the DP in this case; they gave up on equal treatment of their member institutions a long time ago.
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Re: Miami Heat-- the News Gets Worse

Postby Stallion » Thu Aug 18, 2011 9:45 am

The ALLEGED letter by compliance to the someone in the administrative hierarchy could be very damaging-but I still haven't seen one person detail exactly what that was. That alleged letter, if it exists should have been the focus of any story on this scandal-because it goes to the core of institutional control. I've probably read about 10 articles and the details about that letter are sketchy-so I discount that aspect until the details are more clearly established. There is a burden of proof at each sanction level-some of you I believe are concluding that the Letter was sent to the right people and contained the right information detailing the right allegations and was not investigated. You can jump to that conclusion-but that's not what the NCAA or any body with an obligation to provide due process can do. It could be the Kill-Shot though if established and no follow-up investigation was performed or it was swept under the tables-which would be additional allegations which must be established not assumed.
Last edited by Stallion on Thu Aug 18, 2011 9:47 am, edited 1 time in total.
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Re: Miami Heat-- the News Gets Worse

Postby jtstang » Thu Aug 18, 2011 9:46 am

Fair enough. I rescind my eat [deleted] pronouncement. But I still think the reason they quit doling out the death penalty is that it had unintended long term consequences that we are only now, over 20 years later, coming out from under.

Now, you could clearly argue that's not a valid reason to abandon the death penalty sanction altogether. I mean the likelihood that a Miami would come back after one year of no football and self-impose the kind of restrictions that led to SMU's long term problems is nil.
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Re: Miami Heat-- the News Gets Worse

Postby RednBlue11 » Thu Aug 18, 2011 9:46 am

aw, [deleted]!
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Re: Miami Heat-- the News Gets Worse

Postby RednBlue11 » Thu Aug 18, 2011 9:50 am

Stallion wrote: You can jump to that conclusion-but that's not what the NCAA or any body with an obligation to provide due process can do.


the ncaa is NOT obligated to provide due process and even if they were can you explain to me why the USC investigation took 5 years and OSU took 5 months? they're a bunch of hacks who look for loopholes in their own rules and who occasionally drop the hammer to remind people that they exist.
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