Originally published at: https://pistolsfiringblog.com/five-things-to-know-about-osus-plan-to-appeal-ncaa-ruling-on-postseason-ban/
Can OSU win this appeal?
I think an important omission in this article is the appeal’s committee standard of review.
"The Infractions Appeals Committee will reverse the Committee on Infractions’ decisions involving Level I or Level II violations only if the individual or institution can show one or more of the following:
- A factual finding is clearly contrary to the evidence presented to the Committee on Infractions panel.
- The facts found by the Committee on Infractions panel do not constitute a violation of the NCAA constitution and bylaws.
- There was a procedural error, and but for the error, the Committee on Infractions panel would not have made the finding or conclusion.
- Or, in prescribing a penalty, the Committee on Infractions panel abused its discretion."
OSU has huge hill to climb here.
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If they lose the appeal and take it to court, could OSU file an injunction allowing them to play in the post season while the case plays out?
Yes they could file, would the court grant it, that’s a different story. I imagine they would, you can’t undo the damage if the court finds in your favor if you’ve already served the penalties, So usually they grant it.
I think a good example is what happened with Ezekiel Elliott 2 seasons ago, he played over half the season due to an injunction while his case vs the NFL went through the court system. He eventually lost, but they did grant his injunction.
The biggest risk is if the court decides it’s not a matter for the court and throws out the case, but that’s way to complex an issue for me to even pretend to have an idea on. In that case an injunction wouldn’t mean anything.
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I have a semi serious conspiracy that the NCAA hammered OKState just so they would appeal and then win the appeal for a lesser punishment. This sets up them hammering KU, L’ville, etc. and then letting them appeal for a lesser punishment.
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I am a baby attorney who does practice this kind of law, but I did take sports law, so here are some information/challenges for Oklahoma State in the court room.
The court has consistently declared that they do not get involved in the ins and outs of the NCAA. The only way the court has stepped in in the past is that they found the NCAA did not act accordingly to their own rules and practices. The way they review it is if it is Arbitrary or Capricious. Basically little or no basis for making the decision. This is only a look at the old evidence as well. Which is the standard for 90% of all appeals.
There are complicated legal reasons that it is hard for the courts to intervene. But I think there is a growing desire to want to challenge the status quo, but so far that really hasn’t happened.
I hope the appeals board gets it right and says this is not by definition a level 1 violation. I think that and the level two punishments are what will happen. By that is my Amateur opinion.
I don’t profess to know all the legal wrangling that goes through this process. I have one simple question. Name a business/industry when an employee receives kickbacks and the jury decides to penalize the company and not the employee. Only in the NCAA does this happen.
My initial conspiracy theory is why did they punish OSU first? I find it very strange that we finally have a recruiting class that could change the projection of OSU bball for years to come. We are punished now and that could obviously sway this recruiting class and the run OSU could make this year. South Carolina, USC, Arizona, Kansas, etc might not get punished until the season starts, which (I think) would mean their punishment wouldn’t start until next season (Kansas and Arizona would survive an offseason, but the others would be similar to SMU football).
If OSU didn’t benefit from Lamont Evans actions, if recruiting and the sports program didn’t benefit and they found there was no lack of institutional control. How could OSU have prevented Evans actions? This has to be reversed or there will be serious consequences for the NCAA. I’d tie them up in federal court for 10 years!
Those schools are fighting the allegations. OSU essentially plead guilty, thus the earlier punishment.
But doesn’t OSU fall into the second bullet there. Technically Evans action is not a tier one violation because it didn’t help win games or give an edge in recruiting, which is why it was ludicrous for the harsh punishment in the first place…or am I missing your point dfe
NCAA’s bottom line reason penalizing OSU is that the school hired a bad apple. They have concluded the school did not benefit in recruiting or any other way. So only fault is a bad hire. However, the way the world in Basketball works ( or any other major sport) is that the school mainly gets involved in hiring the head coach and that head coach brings their trusted side kicks. In this case Lamont Evens came in with the tide of Brand Underwood. Although OSU would have done the usual checks as an employer would, there was no prior evidence that Lamont Evens was a bad apple. So in that case, how on earth could OSU be penalized for hiring Lamont Evens. This has to count something for in the appeal