NCAAF  > General NCAAF  > Judge says NCAA 'malicious' in USC investigation
November 23, 2012, 01:56 PM
"LOS ANGELES (AP) -- The NCAA was "malicious" in its investigation of a former Southern California assistant football coach who was linked in a report to a scandal surrounding Heisman Trophy-winning tailback Reggie Bush, a judge said Wednesday.

The NCAA's report on ethical breaches by Todd McNair was flawed, and the former coach has shown a probability he can win his defamation claims, Los Angeles Superior Court Judge Frederick Shaller said.

SURPRISE, SURPRISE!

http://tinyurl.com/To dd-M-case

Does this make anyone look at the NCAA and/or its process a little different? Or maybe the USC penalties being a little harsh, based on a "out to get you for making us look foolish" mentality? Or do you still look at U$C the same, the NCAA just did what needed to be done to get a crooked program?

I have viewed the NCAA and it's actions (or in some cases lack thereof) with a very large amount of skepticism dating back to the start of their vendetta against "Tark the Shark" when he, as coach of the CSULB 49ers, wrote a demeaning article about them. They chased him from Long Beach State to UNLV to Fresno State, where he finally gave up the fight. And there is also the lost suit that Ed O'Bannon has against them for illegally using his (and many other college athletes) brand (i.e. in the EA sports NCAA games).

Is it time for a change, or is the NCAA exactly what it needs to be as the governing body over collegiate sports?

Tell this paranoid conspiracy theorist homer what you think...
November 23, 2012  02:20 PM ET

From the article:

"McNair's attorney Bruce Broillet declined comment, citing the sealing order in the case. He said during the hearing that the records showed the agency knew it was relying on false statements about McNair's conduct and wanted to "nail" the coach, who also played in the NFL.

"They wrote evidence the way they wanted it to be - that's malice," Broillet said.

Laura Wytsma, an attorney for the NCAA rejected that contention in court, saying the evidence in the case show the committee that investigated McNair was trying to get its report right.

"They were struggling to get the right result," she said, adding that several members of the investigative committee were prominent lawyers and legal scholars."

McNair was basically the only evidence that USC had any knowledge of what was going on. IMO if their case against McNair was largely out of context or pure fabrication, based on malice, the entire case against USC is suspect as well.

And the NCAA defense? "Several members of the investigative committee were prominent lawyers and legal scholars". Oooo, we all know that lawyers and legal scholars would never bend the truth to make their case...

November 23, 2012  04:05 PM ET

I wondered what happened to McNair's lawsuit. It would be nice to vindicate the program, but rehashing this stuff is a drag.

November 23, 2012  05:07 PM ET
QUOTE(#2):

I wondered what happened to McNair's lawsuit. It would be nice to vindicate the program, but rehashing this stuff is a drag.

Yeah, but I been hating on the NCAA so long that anything that might stir stuff up and initiate change is good to me.

Plus the next time they are called "cheaters" it's legit to question who the worst cheaters are, them or the NCAA. In other words it sorta clears their name.

November 23, 2012  05:28 PM ET

And yes, Los Angeles County Superior Court Judge Frederick Shaller got his undergraduate degree from USC.

November 23, 2012  08:02 PM ET

Is this one of those resurrected threads Hippy Weed dug up?

November 23, 2012  08:04 PM ET

Stop beating the dead horse,, SC is guilty as Hell and must pay the price. Once convicted there is no retrial. Deal with it and move on.

November 23, 2012  09:52 PM ET
QUOTE(#2):

I wondered what happened to McNair's lawsuit. It would be nice to vindicate the program, but rehashing this stuff is a drag.

I think McNair deserves some measure of vindication. The show cause was a really raw deal.

Comment #8 has been removed
November 23, 2012  11:04 PM ET

The Irish are going to kick your program back into oblivion this Saturday anyway,, so why argue your pending lawsuits? No one cares,, USC is history..

November 24, 2012  09:28 AM ET
QUOTE(#8):

If so, then Judge Shaller's ruling has no relevance, as his determination could easily be construed as prejudicial. He should have recused himself for conflict of interest and turned the case over to a more neutral party (say, a judge with a law degree from Stanford).

Good idea. Give the case to a UCLA grad. He'll be neutral. About as neutral as the 'legal scholars' on the Infractions Committee. I'm sure none of them had any preconceived ideas about the university they were investigating. Like that hypocrite from Miami who was in charge.

I'm with UB on this one. McNair's coaching career was ended on hearsay info from a convicted liar with a monetary stake in what he was saying. Looks like McNair finally gets to confront his accusers after more than 2 years of stalling tactics by the NCAA. You think they didn't try for a change of venue? At least the NCAA can take comfort in knowing they'll get the due process McNair never got.

On the other hand, now the NCAA can finally force testimony from Bush and Lake. That alone could be worth the cost of the settlement.

November 24, 2012  12:20 PM ET
QUOTE(#4):

And yes, Los Angeles County Superior Court Judge Frederick Shaller got his undergraduate degree from USC.

But I also heard, that he was hand picked by the NCAA lawyers. Don't know how much, if any, truth there is to that.

But there's appeals coming, and we already knew some facts the NCAA accepted as truth, and the judge unsealed some documents that the NCAA didn't want unsealed. Can't wait to see what they reveal...

We already knew some NCAA trickeration (the YEAR LL said he talked to TM, NOT THE DAY, the freekin YEAR, was a year later than the actual phone call. When the NCAA asked TM if he talked to LL on that date (remember, a year later than the actual call) and he said no, the truth, the NCAA used it as proof that TM had been lying to them.)

November 24, 2012  12:26 PM ET
QUOTE(#6):

Stop beating the dead horse,, SC is guilty as Hell and must pay the price. Once convicted there is no retrial. Deal with it and move on.

They retested the DNA and the glove didn't fit OJ or Reggie, and they found out Jon Benet has been hiding out in a rehab facility with Lacy Peterson, so Troy CAN'T be guilty.

November 24, 2012  12:31 PM ET
QUOTE(#9):

The Irish are going to kick your program back into oblivion this Saturday anyway,, so why argue your pending lawsuits? No one cares,, USC is history..

Then when we beat your sorry Irish butts you should fall all the way out the top 25, 'specially after your signature win loses it's luster when Okie State demolishes OU...

November 24, 2012  12:42 PM ET
QUOTE(#10):

Good idea. Give the case to a UCLA grad. He'll be neutral. About as neutral as the 'legal scholars' on the Infractions Committee. I'm sure none of them had any preconceived ideas about the university they were investigating. Like that hypocrite from Miami who was in charge. I'm with UB on this one. McNair's coaching career was ended on hearsay info from a convicted liar with a monetary stake in what he was saying. Looks like McNair finally gets to confront his accusers after more than 2 years of stalling tactics by the NCAA. You think they didn't try for a change of venue? At least the NCAA can take comfort in knowing they'll get the due process McNair never got. On the other hand, now the NCAA can finally force testimony from Bush and Lake. That alone could be worth the cost of the settlement.

And how many other NCAA decisions would be found to be 'suspicious' were they not judge, jury, and executioner. If there were some independent non-partisan group that could hear the appeals instead of the same group (NCAA) that investigated, presented evidence, decided the findings, and pronounced the penalty.

November 24, 2012  12:53 PM ET
QUOTE(#10):

On the other hand, now the NCAA can finally force testimony from Bush and Lake. That alone could be worth the cost of the settlement.

Cool by me, let the truth come out. But if they could get it, why are they waiting for the appeal, instead of the trial where TM ALREADY faced his accusers and won.

I think Troy should consider hiring him in some capacity...JMO

November 24, 2012  05:42 PM ET

They did essentially the same thing to Alabama back in 2001. They went against their own rules to punish us. Not many people cared when we pointed it out, though.

November 24, 2012  06:53 PM ET
QUOTE(#16):

They did essentially the same thing to Alabama back in 2001. They went against their own rules to punish us. Not many people cared when we pointed it out, though.

Actually Joe, I have heard more "I feel your pain" type posts from Bama posters than any other. I have great respect for the Bama and ND programs tho maybe sometimes my posts don't reflect it.

Bottom line tho, I don't want sympathy. Like UB said I would like to see TM get some justice, the NCAA unjustly ruined a mans career IMO. I started the thread because it was the 1st thing I've seen that looked at the whole situation from another perspective besides the NCAA's.

What I would like to see come out of this is some scrutiny aimed the NCAA's way; they need it IMO. BTW, fans rarely give any team other than their own sympathy...

November 24, 2012  06:58 PM ET

The NCAA is not even-handed? Flabbergastionation in progress here right now...

 
November 24, 2012  07:52 PM ET
QUOTE(#15):

Cool by me, let the truth come out. But if they could get it, why are they waiting for the appeal, instead of the trial where TM ALREADY faced his accusers and won.

Unless I missed something in your article, McNair hasn't won anything. The judge only made a ruling that McNair could take the NCAA to trial; something the NCAA has been trying to prevent for the past 17 months and apparently will continue to try to prevent by appealing the judge's ruling.

It seems the NCAA wants to keep their own affairs private more than they want to force Bush to go public. Those must be some juicy emails.

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