Former Southeast Missouri State basketball coach Scott Edgar lost his appeal before the NCAA’s levied last year by the NCAA’s committee on infractions.
This blog points out that Edgar’s case offers some possible bad news for USC’s appeal if key facts were indeed, wrong.
“It is the Committee on Infractions that is to determine whether the information presented to it, and upon which it bases its finding, is credible . . . and persuasive . . . .”
That could mean the appeals committee is extremely reluctant to overturn factual errors.
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On the flip side, it doesn’t seem like they base anything on past precedence.
Ingredients for Abuse of Power:
Total.
Lack.
Of.
Oversight.
Could be true, however without knowing facts of other situation, can’t be positive, ie, were the “factual errors” clearly wrong, material facts, etc. For example, the mistake in the date something occurred, if clearly material as to when someone may have been somewhere, or heard or seen something, may have more weight than a mistake in exactly “what was said” or how something was phrased on a particular date/time, particularly if other credible evidence corroborates the factual error.
Do we have any attorneys on here? If so, I’d love to hear their take on what would happen if USC or any school challenged an NCAA ruling such as this in a court of law. The NCAA does appear to be a corrupt association, and I for one would love to see one of its officers justify the group’s actions.
Generally rulings of admnistrative agencies such as NCAA are reviewed by Writ of Mandamus in court, not by direct lawsuits, and apply a different standard, such as was there substantial evidence for the ruling, etc. Once appealed by that manner, if overturned, the aggrieved party can sometimes file a lawsuit if there is any basis for one, ie a specific claim that can be asserted.
The NCAA does not need to comply with the 14th amendment guarantee of due process rights (e.g., right to cross-examine witnesses) as it is deemed to be a private entity. The US Supreme Court made this finding in the Tarkanian case, even though the NCAA received more funds from public schools than private schools. Among other things, the NCAA may rely on hearsay and cany the opportunity to confront adverse witnesses.
As for the Writ of Mandamus, the court is not going to second-guess the findings of an administrative agency. In general, courts show great deference to the decisions made by an agency, because it has the expertise to make its finding.
In a mandamus proceeding, USC would bear a heavy burden to show that the NCAA’s ruling was arbitrary, capricious, or based on fraud. The facts found by the NCAA (based on the NCAA’s underlying credibility determinations) will not be disturbed, unless it can be shown that there was absolutely no evidence to support that fact. Keep in mind that if Lake said it to the NCAA, then it is considered evidence. The NCAA has the discretion to believe Lake and disbelieve McNair. The lack of supporting documents, or his criminal background merely go to the weight of his testimony, not to its admission.
Lastly, the Court is not going to second-guess the punishment imposed by the NCAA. If the proceedings were not arbitrary, etc., then the agency’s punishment will not ordinarily be disturbed.
In short, let’s hope the NCAA Appeal Committee reduces the sanctions.
The issue is not what the appeals think. We KNOW they will SIDE with the NCAA. There one big corrupt family !
The reality is USC needs to prepare for a LEGAL lawsuit as does McNair. If USC let’s the NCAA off the hook after the OBVIOUS BIAS CRUD the NCAA used as evidence. Then USC has already damed themselves.
It is blatent and OBVIOUS that the NCAA was bias and completely REACHED on there decisions.
Anyone educated KNOWS the NCAA system is corrupt.
Make hell for them and let the whole nation know and never let up no matter what the decision is.
What can they do ? Sanction you more ? No !
So keep the corruption and discrepancies in the limelight every week !
Eventually that will force change in there bias system !
USCMike is spot-on with his comprehensive analysis. There cannot be a lawsuit until the administrative process is finished, completely, including appeal by writ, it is called “exhaustion of adiministrative remedies.” The NCAA has jurisdiction over the matter first.