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O'Bannon lawyer suing NCAA & UNC

Originally posted by Prime MF:
Originally posted by jarms24:
We've all speculated on this for a while. Whether or not the NCAA would fall on the sword for UNC. Well, we're about to find out. Either sanction or cease to exist. It's really that simple. This will also be critical to SACS. No way they can issue UNC a clean bill of health with a monumental, class action lawsuit pending. If they pull UNC's accreditation, then UNC can no longer be considered a member institution of the NCAA, thus eliminating their D1 status, correct? Someone please chime in on that last part, because it's a huge assumption on my part. I thought all member institutions had to be accredited.
SACS is more of a members' club than a governing body. They will not pull UNC***'s accreditation because UNC*** is a flagship member.

That said, the NCAA is looking more and more like a members' club of bluebloods these days.

We'll see.
Accreditation is just for a department, not for the entire university. Just to make that clear. I don't think people understand accreditation.
 
NCAA: Clean up your act, UNC.
UNC: We've already cleaned it up.
NCAA: Okay. There will be no penalties since you have cleaned up the mess, and because other schools are doing the same thing that UNC did. Now don't do it no more.
 
Now I'm thinking the NCAA may use this lawsuit as yet another excuse to withhold serving UNC punishment.
 
I dislike UNC, but I hate frivolous lawsuits. An adult student that goes along with a scheme to cut corners academically isn't a sympathetic plaintiff IMHO.
 
Originally posted by ok-cats-computer:
I dislike UNC, but I hate frivolous lawsuits. An adult student that goes along with a scheme to cut corners academically isn't a sympathetic plaintiff IMHO.
they're kids...who were taken advantage of.
 
I would not get my hopes up if I were all of you. I think the NCAA & UNC*** will fine a loophole in all of this mess. jmo
 
Originally posted by AlbanyWildCat:


Originally posted by ok-cats-computer:
I dislike UNC, but I hate frivolous lawsuits. An adult student that goes along with a scheme to cut corners academically isn't a sympathetic plaintiff IMHO.
they're kids...who were taken advantage of.
Agree. At that age, they truly don't have the life experience to know the ramifications of what they are doing. The adults KNEW full well what the end results would be. Dean Smyth is a total fraud for it too.
 
According to Mary Willingham, several student athletes had their majors chosen for them, and did not have a choice. They were already enrolled in sham courses when they arrived on campus. That's not their fault.
 
Originally posted by IdaCat:
Now I'm thinking the NCAA may use this lawsuit as yet another excuse to withhold serving UNC punishment.
I think the NCAA could try to hide behind this suit,saying that since both them and UNC are named they are unable to act until the case is settled.It could drag on for years and push a true accounting of NCAA violations so far into the future that it is a moot point.
 
Originally posted by gossie21:

Originally posted by Blueworld_3.0:

Originally posted by MdWIldcat55:
Sorry, but I think people are misguided in seeing this as a moment when UNCheats is pushed closer to answering for the ugly, despicable scandal.

This suit also charges the NCAA with being negligent in holding UNC accountable.

So, if the NCAA now moves to impose heavy penalties and sanctions on UNC, it will, in effect, admit that the claim of years of dereliction of duty by the NCAA is accurate -- the NCAA will provide the evidence convicting itself.

Say you are a corrupt and ruthless small town mayor and someone sues you, claiming that failure to put a stop sign at a dangerous intersection led to a fatal accident. Do you, A.) rush out and correct the problem by putting up a sign, or B.) pay off a venal traffic inspector to sign a report that no sign was ever needed, given road conditions no different from those all over the county, etc., then tough it out in a court system weighted in your favor.

I suspect the NCAA will now double-down on its laughable and transparent strategy of pretending to be too stupid to recognize that UNC was cheating every day to keep basketball players eligible. To do otherwise would be to hand the people suing them an ace to play in court.
^^^ THIS.
The lawsuit essentially puts the NCAA and UNC on the same side as one cannot admit anything now without implicating the other.
The other ironic twist is that all NCAA member institutions are now effectively funding the NCAA/UNC defense effort.
I don't see it that way. The NCAA does not have to defend UNC. There is still plenty of time for the NCAA to complete their investigation and levy sanctions. The Southern Cal/Reggie Bush investigation was about as open/shut as it gets and it took the NCAA several years before announcing their sanctions.
The O'Bannon lawsuit will go on whether the NCAA punishes UNC or not. Those actions are not linked.
If the NCAA sanctions UNC then they are practically admitting to what the lawsuit is claiming. Of course UNC will claim they did nothing wrong right up till the last second and then sign some sort of agreement to the NCAA findings. Again, proving the case for O'Bannon. So, neither party (UNC and NCAA) actually want to be found liable for their actions (or inactions). So, by default they are now on the same side in all this.
 
Originally posted by Blueworld_3.0:


Originally posted by gossie21:



Originally posted by Blueworld_3.0:



Originally posted by MdWIldcat55:
Sorry, but I think people are misguided in seeing this as a moment when UNCheats is pushed closer to answering for the ugly, despicable scandal.

This suit also charges the NCAA with being negligent in holding UNC accountable.

So, if the NCAA now moves to impose heavy penalties and sanctions on UNC, it will, in effect, admit that the claim of years of dereliction of duty by the NCAA is accurate -- the NCAA will provide the evidence convicting itself.

Say you are a corrupt and ruthless small town mayor and someone sues you, claiming that failure to put a stop sign at a dangerous intersection led to a fatal accident. Do you, A.) rush out and correct the problem by putting up a sign, or B.) pay off a venal traffic inspector to sign a report that no sign was ever needed, given road conditions no different from those all over the county, etc., then tough it out in a court system weighted in your favor.

I suspect the NCAA will now double-down on its laughable and transparent strategy of pretending to be too stupid to recognize that UNC was cheating every day to keep basketball players eligible. To do otherwise would be to hand the people suing them an ace to play in court.
^^^ THIS.
The lawsuit essentially puts the NCAA and UNC on the same side as one cannot admit anything now without implicating the other.
The other ironic twist is that all NCAA member institutions are now effectively funding the NCAA/UNC defense effort.
I don't see it that way. The NCAA does not have to defend UNC. There is still plenty of time for the NCAA to complete their investigation and levy sanctions. The Southern Cal/Reggie Bush investigation was about as open/shut as it gets and it took the NCAA several years before announcing their sanctions.
The O'Bannon lawsuit will go on whether the NCAA punishes UNC or not. Those actions are not linked.
If the NCAA sanctions UNC then they are practically admitting to what the lawsuit is claiming. Of course UNC will claim they did nothing wrong right up till the last second and then sign some sort of agreement to the NCAA findings. Again, proving the case for O'Bannon. So, neither party (UNC and NCAA) actually want to be found liable for their actions (or inactions). So, by default they are now on the same side in all this.
If the NCAA acts to punish UNC they are making an admission against intrest,the suit has ,in effect ,prevented the NCAA form acting in the UNC situation if they had any intention to do so in the first place.


The NCAA could argue that it is an academic matter between students and UNC and that they(NCAA) should be dismissed from the suit
This post was edited on 1/23 12:19 AM by docholiday51
 
Hmm. Now that is intriguing. If the NCAA won't do something perhaps our legal system will. I like it, and while I'm no lawyer I think they could have a case, Clearly one or more thought so.. At the least it's going to drag UNC through it. And I'd venture a guess the average judge and jury have more integrity than either the NCAA or UNC.
 
Originally posted by docholiday51:
If the NCAA acts to punish UNC they are making an admission against intrest,the suit has ,in effect ,prevented the NCAA form acting in the UNC situation if they had any intention to do so in the first place.


The NCAA could argue that it is an academic matter between students and UNC and that they(NCAA) should be dismissed from the suit
This post was edited on 1/23 12:19 AM by docholiday51
Without knowing what the plaintiffs are alleging, it's not that cut an dry. If it's that UNC committed fraud and that NCAA was aware/should have been aware/ was negligent in not knowing, NCAA and UNC aren't nearly on the "same side". In fact, even IF it were ONLY the NCAA getting sued and UNC wasn't a party, an argument at least worth pursuing for the NCAA would be that UNC actively worked to hide it from the NCAA/outsiders. That potential argument is still very much in play, if not more so, now that the NCAA is facing potential liability. Of course that's all without seeing anything substantive about the case. Just saying it's not a clear, cut and dry "UNC and NCAA are on the same side now." My gut is actually going the opposite way.
 
The NCAA can still act against UNC and claim that the reason for the delay is that were still gathering information...

I would think that the NCAA could still save themselves at this point...

I wonder if this drags out if it will erode at UNC's program?

I know that this has already had an effect but not a big enough impact at this point.
 
One major detail everyone's missing is RaShanda McCants is Rashad McCants sister. He will be deposed and he has what will be the smoking gun in this entire fiasco: TRANSCRIPTS.

This post was edited on 1/23 5:02 PM by U9K
 
Originally posted by U9K:
One major detail everyone's missing is RaShanda McCants is Rashad McCants sister. He will be deposed and he has what will bring be the smoking gun in this entire fiasco: TRANSCRIPTS.
Agreed. In my mind the wrench in the works has been the claim that they are protecting the privacy of students. Please don't get me wrong; I 100% support the privacy of students. That said, if these students are plaintiffs then transcripts and even actual graded student work might begin to wash ashore. If the students waives their privacy, and the public gets to review their classwork, it will go viral. The report included many many emails that were condemning. I bet at least some of those emails included attachments with student term papers.
 
Could UNC and the NCAA reach a settlement to keep the transcripts from going public?

Obviously more former players would then come forward...

If they did settle out of court could they still go unpunished as far as wins and titles go?
 
This is actually the second lawsuit. First one being by McAdoo a former football player. I believe that was structured in such a way as to be class action as well. Haven't heard much of anything about it since it was filed, which is understandable considering how the legal system works.
 
Originally posted by IdaCat:
This explains why the NCAA came out yesterday saying they staffed up an Academic Fraud team and are investigating 18 un-named schools. Trying to show that they are doing their job. Just a little late.
See this is what I was afraid of, the NCAA will put 18 other schools on probation before they finish the UNC investigation.
 
Originally posted by OHIO COLONEL:
This is actually the second lawsuit. First one being by McAdoo a former football player. I believe that was structured in such a way as to be class action as well. Haven't heard much of anything about it since it was filed, which is understandable considering how the legal system works.
3rd lawsuit against UNC

Mary Willingham also filed suit.
 
Sounds like its about time the transcripts start coming into the conversation and for UNC to finally acknowledge all those students with a chance to get a real education.
 
Originally posted by Roundballaddict:


Originally posted by docholiday51:

If the NCAA acts to punish UNC they are making an admission against intrest,the suit has ,in effect ,prevented the NCAA form acting in the UNC situation if they had any intention to do so in the first place.


The NCAA could argue that it is an academic matter between students and UNC and that they(NCAA) should be dismissed from the suit

This post was edited on 1/23 12:19 AM by docholiday51
Without knowing what the plaintiffs are alleging, it's not that cut an dry. If it's that UNC committed fraud and that NCAA was aware/should have been aware/ was negligent in not knowing, NCAA and UNC aren't nearly on the "same side". In fact, even IF it were ONLY the NCAA getting sued and UNC wasn't a party, an argument at least worth pursuing for the NCAA would be that UNC actively worked to hide it from the NCAA/outsiders. That potential argument is still very much in play, if not more so, now that the NCAA is facing potential liability. Of course that's all without seeing anything substantive about the case. Just saying it's not a clear, cut and dry "UNC and NCAA are on the same side now." My gut is actually going the opposite way.
Many things are yet to be known about the nature and structure of the suit,I was pointing out two of the multiple arguements that the NCAA might make.As long as the interests of both the NCAA and UNC remain the same it will probably be easier for them to defend their position,but at some point there is likely to be a division of interests.If and when that occurs then the finger pointing will begin

I think there is great likelyhood that this suit deays or stops any sanctions by the NCAA against any UNC athletic program in the near future.

While the lawsuit keeps the UNC scandal on the front burner and in the mind of the public it probably puts on hold the hope of holding UNC accountable(from an NCAA sanction standpoint) anytime in the next couple of years.Pending lawsuits trump NCAA investigations or sanctions
 
Originally posted by jarms24:
credit to PP for being all over this and anything else related to that cesspool UNC.


Derek Rowles ‏ @ DerekRowles 1m 1 minute ago
# NCAA (more)


Derek Rowles ‏ @ DerekRowles 49s 50 seconds ago
McCants and Ramsay allege student-athletes are not getting the education they were promised by # NCAA (more)

Derek Rowles ‏ @ DerekRowles 34s 35 seconds ago
Bob Orr is a big player in the lawsuit and he believes it could impact thousands of athletes at # UNC
Sorry, but if you enroll in a class that you know is fake, i don't see how you can blame anyone else for not getting the education you were promised.
 
Originally posted by meteordealer:
Originally posted by jarms24:
credit to PP for being all over this and anything else related to that cesspool UNC.


Derek Rowles ‏ @ DerekRowles 1m 1 minute ago
# NCAA (more)


Derek Rowles ‏ @ DerekRowles 49s 50 seconds ago
McCants and Ramsay allege student-athletes are not getting the education they were promised by # NCAA (more)

Derek Rowles ‏ @ DerekRowles 34s 35 seconds ago
Bob Orr is a big player in the lawsuit and he believes it could impact thousands of athletes at # UNC
Sorry, but if you enroll in a class that you know is fake, i don't see how you can blame anyone else for not getting the education you were promised.
What if someone else (coach, assistant coach, etc.) enrolls you in that class without your consent? What if your major is declared for you?
 
NCAA punishing North Carolina is like the NFL punishing the Patriots, not gonna happen! They will punish players but not the blueblood owners/institutions. Hope I am wrong.
 
It would seem that it's a useless tactic by UNC to hide behind ferpa because Mccants will probably put his transcript on record in court . At that point the plaintiff has proof that the defense will need to counteract with contradictory evidence of which we know they have none . So that will stand imo and be a very difficult hurdle for the defense to overcome because what else are they going to win on to erase that ?

I'm sure they'll see the case will be presided over by a Rams club booster or some other type of chicanery ftw , time and again the people of North Carolina have proven to be unscrupulous . Can't imagine that will change this time .
 
Originally posted by docholiday51:
Originally posted by Roundballaddict:
Many things are yet to be known about the nature and structure of the suit,I was pointing out two of the multiple arguements that the NCAA might make.As long as the interests of both the NCAA and UNC remain the same it will probably be easier for them to defend their position,but at some point there is likely to be a division of interests.If and when that occurs then the finger pointing will begin
I think there is great likelyhood that this suit deays or stops any sanctions by the NCAA against any UNC athletic program in the near future.

While the lawsuit keeps the UNC scandal on the front burner and in the mind of the public it probably puts on hold the hope of holding UNC accountable(from an NCAA sanction standpoint) anytime in the next couple of years.Pending lawsuits trump NCAA investigations or sanctions
Fair. I have no idea how legal cases affect the NCAA processes, but I would imagine UNC could get some kind of injunction pending the ruling from any NCAA action. I agree with what you're saying, but my only point was, depending on the substantive claims, UNC and the NCAAs interests may already be divergent.
 
In reality NCAA and UNC interests probably are already divergent but if the NCAA proceeds and finds UNC guilty of a NCAA violation then since they( NCAA) are a party named in the lawsuit it would seem to me that it is an admission against interest on their part. I don't think they would want to do that as this point
This post was edited on 1/23 4:04 PM by docholiday51
 
Meanwhile, absolutely no mention of anything related to the scandal on Tar Hell Radar.

head-in-sand.jpg
 
The lawsuit is small potatoes IF the NCAA plays it smart and settles. Emmert should offer to settle in exchange for being excluded from the lawsuit, and then turn states' evidence against UNC***. The problem here is that if they double down, they could go to jail because there is federal grant money that was fraudulently obtained, which is an actual crime.

If the NCAA and UNC stick together, they will probably both go down in flames and Emmert should KNOW this. If not, he's a fool and the NCAA will go down in flames anyway.
 
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