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NCAA版 - NCAA fabricated evidence of McNair to charge USC
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e******u
发帖数: 537
1
http://usc.rivals.com/content.asp?CID=1611480
McNair was just "the sacrificial lamb" tying USC to knowledge of whatever it
was Reggie Bush and his family -- or maybe we should reverse that order --
were doing, they say.
The McNair brief argues that the NCAA had to "fabricate" evidence and change
witness statements. But then after being apprised of the falsity of some of
its evidence like the famous wrong-year, wrong-caller Lloyd Lake two-minute
phone call, the NCAA still allowed three different agencies of the
organization to publish false charges implicating McNair as the dishonest,
guilty party when the NCAA deserves that designation.
And while we can only guess at what and who is in the 15 pages and estimated
3,800 words of redacted material, that might be part of the fun in reading
this. Even though there's one full page with not a single unredacted word,
another with the single word "Thus," and others with all but one or two
lines blacked out.
Despite the NCAA's attempt to play down that phone call, McNair's brief
makes it clear that "the basis for the NCAA's career-ending sanctions was
the one late-night, two-minute telephone call between McNair and Lake . . .
(redacted here) . . . the NCAA had a problem, however . . . (redacted here)
. . . Accordingly, unless Lake's statement was altered, the NCAA could not
reach its predetermined, career-ending findings against McNair. So even
though the NCAA knew the facts were contradicted by the record, three
different NCAA departments approved the publication of these false facts.
They further continued to cling to them even after their falsity was
explained in writing and in great detail by McNair's lawyer (Scott Tompsett)
in his administrative appeals brief."
If "liar" was the NCAA's word of choice for McNair in its brief, McNair's
word of choice for the NCAA's conduct would be "falsity" -- or maybe just
plain "false." It's in there a lot. And it isn't redacted.
But the most interesting stuff comes when the brief gets to part where it
quotes NCAA bylaws saying that "institutions, staff and student-athletes
should be afforded 'fair procedures in consideration of an identified or
alleged failure of compliance.' " Quoting again from the NCAA bylaws, they
say such fairness is "essential to the conduct of a viable and effective
enforcement program."
You know where this is going as McNair's brief makes the obvious comment
that "the process was anything but fair to McNair. As detailed below, in
addition to fabricating the facts, the NCAA violated its own rules,
procedures and bylaws, allowed improper influence over the deliberations . .
. (and then come six redacted lines where we can only assume the details of
how this happened are presented) . . . This was anything but 'fair process.
' The NCAA believed that whenever fair process stood in the way of their
ultimate goal, it could be ignored, regardless of the consequences to McNair
."
What the NCAA did was "a blatant deliberate falsification of material facts,
" McNair's brief says. It also contends that he's not a "public figure" in
even the limited purpose of that term since McNair in no way inserted
himself into the situation he found himself in, the NCAA did.
And in another mostly redacted paragraph, there is this: "And we know . . .
(redacted for a full line) . . . there was personal animus against McNair
which ultimately muted . . . (redacted for two more full lines) . . . Simply
put, what occurred here is malice personified."
There are hints at how it happened after the three-day Committee on
Infractions hearing in Tempe, Ariz., in 2010.
"Once the hearing has ended, the rules require the voting members, and the
voting members only, to begin their deliberations similar to that of a jury.
The voting members are not to be influenced by non-voting members of the
COI, or by the Coordinator of Appeals, or by information outside of the
record. (AA 401-402, 437-440, 452 [NCAA Division I Manual, Rule 19.1.1.4])."

Tim Lutes
NCAA Pres. Mark Emmert -- and a USCFootball.com question -- make an
appearance in the McNair brief.
The next seven pages, describing what McNair says actually happened, are
mostly redacted but there are some interesting tidbits: "In the first round
of deliberations, the NCAA began a systematic course of violating its own
rules, procedures and bylaws regarding deliberations . . . (redacted for
half a page) . . . This was done even though the bylaws required the COI to
discuss the matter in private with only voting members."
It continues with this note: "On Feb. 22, 2010, one day after the first day
of deliberations, . . . (the next 28 lines are redacted) . . . Even though
he was required to be a neutral administrator . . . (11 more redacted lines)
. . . Neither McNair nor his counsel were made aware of the existence of .
. . (two lines redacted) . . . As such, they did not have the opportunity to
respond. Moreover, when questioned about his memo, . . . (next two lines
redacted).
"Further still . . . (then the next 27 lines are redacted with this lone
exception) . . . After violating these clear-cut rules regarding
deliberations.
"But even then, this action by the NCAA could still not overcome the fact
that the record evidence could not support a finding of unethical conduct.
So the NCAA broke another of its rules related to fair process : . . . (then
18 completely redacted lines except for this one word) . . . Worse . . .
redacted).
But the next concluding graph was not. And it will not come as news to USC
fans.
"In order to punish USC to the extent desired, it needed to make a finding
against Todd McNair. Without such finding, the only remedy which the NCAA
had in relation to the Reggie Bush issue would have been a charge of a
violation of amateurism legislation against Reggie Bush himself. USC could
not have been charged or penalized as severely as it was. In the limited
discovery plaintiff has been afforded so far, . . . (redacted for eight more
lines)."
Not redacted is this comment from the trial court that there was "evidence
showing an ill will or hatred by three NCAA agents toward McNair including
writings expressing that 'individuals like McNair shouldn't be coaching at
ANY level,' calling him 'a lying, morally bankrupt criminal' and 'a
hypocrite of the highest order'."
Even with the redactions, there's a way you can read this as when McNair's
attorneys contend once again after laughing at the thought that the
celebrity photo of Lake, McNair and actor Faison Love was evidence of
anything: "To repeat, the career-ending unethical conduct finding was based
entirely upon the one two-minute late night telephone call . . . (four lines
redacted) . . . The NCAA had a problem . . . (two redacted lines) . . . The
NCAA now argues that the report was accurate because . . . (five redacted
lines) . . . The NCAA is wrong. The NCAA twists the record and contravenes
what its own committee members freely acknowledged . . . (and then in a full
page of redacted material apparently cites what the COI folks must have
said)."
There's even a cameo appearance here by NCAA Pres. Mark Emmert and his oft-
repeated answer to USCFootball.com that "The NCAA got it right."
This was not a "vague accusation that the NCAA wants to be understood as not
defamatory," McNair's brief says, but a "reassertion of the very detailed
factual accusations and charges the NCAA had already published against
McNair."
There's a whole lot more in the brief. A lot of technical legal cites on
Anti-SLAPP law, "malice" and whether McNair is a public figure of any kind
or not and whether it even matters. McNair also argues that there's no
overriding interest that could possibly require the file to be sealed no
matter what the NCAA says.
The NCAA's own bylaws say the duty of confidentiality ends with the
publishing of its case findings. And that the NCAA itself, when it decides
it's in its benefit, has no hesitation publishing witness interviews, as it
did in the USC case.
And now we wait for the Court of Appeals to set the date for oral arguments.
- See more at: http://usc.rivals.com/content.asp?CID=1611480#sthash.kuCBGwML.dpuf
G*********s
发帖数: 6786
2
who the hell is todd mcnair?
e******u
发帖数: 537
3
former USC RB coach, the only coach claimed by NCAA being connected to Bush
scandal. He is winning the case against NCAA. If he is cleared, USC is
cleared too.

【在 G*********s 的大作中提到】
: who the hell is todd mcnair?
N**D
发帖数: 2885
4
听来的消息,年初boosters一个内部聚会有人提到如果 ncaa输掉官司会怎么样? 有个
律师半开玩笑的说,会三年之内refund 30个scholly。

Bush

【在 e******u 的大作中提到】
: former USC RB coach, the only coach claimed by NCAA being connected to Bush
: scandal. He is winning the case against NCAA. If he is cleared, USC is
: cleared too.

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相关话题的讨论汇总
话题: ncaa话题: mcnair话题: redacted话题: lines话题: usc