Appeal looks less likely

[Charleston Pony]

do players considering transfer get a waiver of the usual transfer rules that would require them to sit one season? All of our seniors already used that RS/transfer sit year so I'm thinking they are stuck here. All the more reason to appeal so they can have another shot at post season play. Nic & Markus should be preparing to play in their 3rd NCAA tourney at SMU. Will be a real shame if they only get one opportunity...especially with the way that game ended last year. And let's not even mention what a bummer this must be for Tolbert.

[smupony94]

When you hand the prosecution the smoking gun what recourse do you have?

[sadderbudweiser]

Yeah. Next time this happens maybe we should just skip the whole investigative phase and file an appeal from day one.

[Greenwich Pony]

This needs to be appealed, period. This is about management of the university's image and brand, and failing to appeal simply tarnishes it more. There is clearly a fairness issue and selective enforcement here: especially when dealing with an NCAA organization which tacitly approves systemic cheating on a grand scale. I may not be a huge annual donor, but every year for the past 10 -15 I have put a few hundred to a few thousand dollars into various SMU giving programs, funds and clubs even though I live in the metro NY area. No appeal, then I stop all support of the university until Turner is gone. We're not exactly soaring up in the academic rankings, we look cheesy and second-rate in front of the media at every turn and our athletics program, which for 30 years has been run by Larry, Curley and Moe gets shafted and the administration (with all their Knight Commission prestige) stands back and does nothing? I'd be better served just mailing my donations to Yale down the road.

[smupony94]

What would you tell your client if the judge said yes you can appeal this but most likely the outcome will be worse

[mrydel]

Would not an appeal for excessive penalty be pretty simple. Kind of a yes or no based on other cases. I do not think it would open them up to adding worse sanctions. It would not be a new investigation, just a weight of penalty decision.

[smupony94]

I'm just venting based on the fact that we really shot ourselves in the foot and how this was handled from the beginning

[mrydel]

Do not disagree with that. And for all we know they might have said they preliminarily were going to suspend Brown for the year and 2 years with no post season. The NCAA may think they are being lenient. But personally when I see what other schools have gotten and how the punishments have been lessened on appeal, I wish we would do so.

But it is what it is.

[Topper]

From an outside view, you may not win. But, I do think you will win this mess, at least on some things. Post season play. Eric Dickerson's head is probably blowing up right now. My head is. He has been [deleted] about the DP for 30 yr.s. You folks just took it, gave up. SMU could have taken down the whole SWC. They could have taken down schools outside the SWC. SMU should have played hardball then. Now the NCAA is using it against you. 30 years later. So, the perception is SMU cheats. All the time. That is what people think. So, what is there to lose? Really, what is there to lose? Appeal it, if you lose, find a way to sue the NCAA. There is no downside to appealing. There is no downside to filing a lawsuit. SMU leads the country in NCAA violations. So can anyone explain to me why you would not appeal. Your reputation? I think that pony has left the barn.

You are right. Unfortunately at the time of the DP the Board of Trustees was involved in the whole mess and when the powers that be stepped aside the University was essentially taken over by a very anti-big time sports faction from within the faculty. The power vacuum being filled by people who wanted us out of the SWC, there was no institutional will to fight. Huge mistake despite what a couple of frequent posters on this board believe.

[Stallion]

I personally doubt this is a President level decision-and I know a lawsuit against the NCAA would be a Board of Trustees level decision. The decision to ignore the NCAA over repeated violations was an Ad hoc committee of the Board of Governors level decision. That worked out well

[eric513]

I met and talked to someone on the bball staff during the game yesterday. The gist of it was that (I don't know if I can hold him to this) they're going to appeal, the problem is what they're appealing. What I got from it is that they're more likely to win a smaller battle rather than appealing all three of the sanctions. The postseason ban obviously has to go, but he said that they can live with the scholarship losses and LB being suspended for x amount of games. They just have no room for error on their recruiting classes if they do leave the scholarships sanctions as is.

[Phxfan]

I personally doubt this is a President level decision-and I know a lawsuit against the NCAA would be a Board of Trustees level decision. The decision to ignore the NCAA over repeated violations was an Ad hoc committee of the Board of Governors level decision. That worked out well

OK, so the next time this happens there will be more "previous violations". SMU somehow made it kind of back. It took 30 yr.s. I will not be alive for another 30 yr.s. SMU does not have a good reputation re:cheating. Good grief. I thought you were a big time school. What is the problem. You are supposed to have a good law school, so I have heard. I do not understand what some say, that you are protecting something by not appealing or filing a law suit. What is the thing SMU is trying to protect? What are you trying to protect. REALLY? Protect what?

[Stallion]

I am for filing an appeal but there is binding 5th Circuit and Supreme Court precedent which makes a successful lawsuit EXTREMELY unlikely to pass the preliminary hearing phase. I know of no school that has ever successfully sued the NCAA to remedy a probation. UNLV-actually Tarkanian - lost in the US Supreme Court.

[Phxfan]

I am for filing an appeal but there is binding 5th Circuit and Supreme Court precedent which makes a successful lawsuit EXTREMELY unlikely to pass the preliminary hearing phase

I respect you and your thinking. You are a Lawyer. But at this point it may not even matter if it gets to the next level. It is about SMU and the thinking of the rest of the country. If you lose, so be it, at least you fought. It may be a long shot, but, I have thought a lot of cases were longshots, but were won. Please understand, I get this. Ya got to fight, and never stop.

[p0nyfan]

Does an appeal allow the NCAA to investigate further? Maybe there is more to the story SMU is happy to get behind them. If the NCAA doesn't get that chance then no reason not to appeal... our success with this team will help cover up the fact that next years freshman can't play in the tourney.