I would think this is correct, but there seems to be a lot of talk about them suing the NCAA if the penalties at too harsh in their opinion. I guess they could sue based on the NCAA not following their own procedures. Maybe @UKnCincy can tell us if there's a possibility of them suing. Also, was it not Crowder's lawyer who's asking Sankey to recuse himself, and not UNC? That would be a way to get around what you are saying. But, UKnCincy doesn't think there's any chance he'll recuse himself or be recused.
UNC attorney playing bias against Sankey and investigation
- Thread starter KMKAT
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I would think this is correct, but there seems to be a lot of talk about them suing the NCAA if the penalties at too harsh in their opinion. I guess they could sue based on the NCAA not following their own procedures. Maybe @UKnCincy can tell us if there's a possibility of them suing. Also, was it not Crowder's lawyer who's asking Sankey to recuse himself, and not UNC? That would be a way to get around what you are saying. But, UKnCincy doesn't think there's any chance he'll recuse himself or be recused.
The NCAA has followed the enforcement process from my understanding. Are you insinuating they haven't? If so, which bylaws have they broken?
No, I am not. I have no idea. That is why I said UKnciny (who knows) could tell us if there is any reason that UNC could sue. It seems to me that could not. But, as I said, UKncincy will know for sure if the answer is yes they can sue for something or no there is absolutely no way they could sue.
In general, any school that wants to avoid having their lawsuit against the NCAA dismissed will have to make a compelling case in the filing that:
- They've been harmed by actions taken by the NCAA
- The court is required to address this harm and is able to do so
- The harm was caused by NCAA actions that either:
- Violate the law
- Or, represent a severe breach of the by-laws and were the result of severe negligence or malice on the part of the NCAA
Outside of Oklahoma and Georgia, schools typically haven't sued for a couple of reasons, this being the primary one. What's typically happened when a school has been unhappy, is that it is former coaches and athletes that have attempted to sue and the school has very quietly supported them in the background.
You also need to be clear on what "success" means. The courts ruled in favor of the Board of Regents, so that's clearly a success. The Supreme Court ruled against Tarkanian. However, in the big picture, Tarkanian was also successful. He tied his case up in the courts for 12 years and got the NCAA to the point where they essentially gave up due to the cost and effort. So he never had his penalties applied.
UNC's hope would be for the Tarkanian scenario to play out. They will not win the case on its merits. If their intent is truly to sue, then they'll want to focus primarily on making sure the case isn't dismissed, and then focus on dragging it out as long as possible in the hopes that the NCAA eventually decides to settle to get it over with.
Great post. Just a couple of comments. From the courts point of view, the member institution does not enjoy the same constitutional rights as the individuals do, particularly as relates to due process. There are a few cases where individuals have achieved a level of success. Some of the Alabama assistant coaches that were blackballed being a case in point.
I personally think Moonpie Roy would stand a better chance in court than the filth he works for. I've never really expected the NCAA to go after Moonpie for this reason. Small fish with big costs.
Our Feel Mash friend is beginning to bear striking resemblance to Bobbi Pickle Perv (sp) from last year. That guy would ask what color is the sky. To Blue, he would respond, no I meant what color is the sky? Its uncanny.
When you have bottomless pockets, you can hire the best lawyers who know how to bury the opposition in paperwork and effect countless delays and obfuscations.
Past time for the right to a fair and speedy trail. Let the debates and sanctions begin. I didn't read kybassfans pot before posting. It's time for the NCAA to do something, right?!?
Correct , the paper work is mounting as fast as the amount of money UNCHEAT is willing to spend and I am sure its over twenty million by now !! Can you imagine that !! And their not any closer to a resolution.
UNC is spending money and fighting tooth and toenail to prevent knowing what the NCAA is going to do.It would seem a better course of action to know what the NCAA is going to do then file a request for an injunction to delay any sanctions(if they feel the sanctions are something they can't live with) they could then bury the NCAA with reasons(paperwork) why the sanctions are too harsh,why they(NCAA) lack authority or standing to impose them,that it is an academic issue or any of the other arguments they have already made.
UNC probably already knows how bad it could be.They are slowly running out of options.
UNC probably already knows how bad it could be.They are slowly running out of options.
There is no reason why this is still ongoing. Countless delays and alleged more filth found by UNC itself should not slow down an expected indictment.
You'd think UNC was in charge of this investigation instead of Emmert's NCAA. If he has had any input, that would explain some of the delays and reviews.
Your national champion is under academic probation and the school is still under LOIC investigation. No one would ever believe this if a movie was made.
The NCAA daily work agenda should be closing out the UL and UNC investigations and get back to the business of promoting student athletes.
You'd think UNC was in charge of this investigation instead of Emmert's NCAA. If he has had any input, that would explain some of the delays and reviews.
Your national champion is under academic probation and the school is still under LOIC investigation. No one would ever believe this if a movie was made.
The NCAA daily work agenda should be closing out the UL and UNC investigations and get back to the business of promoting student athletes.
It is an absolute travesty that a kid like Enes Kanter was declared ineligible for his contract, of which he never spent any of the money according to reports. Meanwhile UNC for 20 years blatantly created false classes, gave out fake grades, had a known drug dealer provide cars to players, among other things and will probably get by Scott free by throwing the women's team and other minor sports under the bus. Then they have the audacity to still spew that Carolina Way crap and think people believe it. 
Worse than that, there never was a contract between Kanter and Fenerbahce. In fact it would have been illegal under FIBA regulations for any club to enter into a contract with him because of his age at the time.
Instead what happened is the club reimbursed his family for expenses and classes, but the NCAA deemed it was too much (based on some dubious assumptions). As you mentioned much of the money was sitting unspent in a bank account, and for which the Kanters were willing to give up to retain his eligibility. But the NCAA wasn't interested in that.
A reminder of the SACS probation decision. Academic Support Services (ASPSA) and Athletics specifically mentioned.
8:03 PM - 10 Apr 2017
This guy has gone from 12 to 1226 followers since the post earlier. Must be a lot of people interested..
Thanks for the link..
