Shane,

Was this in the Gainesville Sun or did you find it somewhere else?

Why would the NCAA lobby for passage of laws for agents and then not
cooperate with their prosecution?

This is a nutty organization!!

 

Oliver Barry CRS,GRI

Real Estate Broker

Bob Parks Realty

1517 Hunt Club Blvd

Gallatin TN 37066

Phone: 615-826-4040

Fax: 615-822-2027

Mobile: 615-972-4239

 

 


Column: Is the NCAA hiding something?


By JIM LITKE
AP Sports Columnist 


Published: Wednesday, October 19, 2011 at 6:01 a.m.


Last Modified: Wednesday, October 19, 2011 at 4:10 a.m.


 

 

Fifteen months ago, Alabama coach Nick Saban called for a crackdown on
agents, saying some were no better than pimps. It seemed like a curious
choice of words at the time, since the same could be said about some college
coaches, who play just as fast and loose recruiting those kids in the first
place. But the comparison was spot on in one regard: Like pimps, rogue
agents rarely have to worry about getting caught.

Two weeks after Saban kicked off his crusade, an Associated Press survey
found that despite laws on the books in 42 states governing agents' dealings
with college athletes, they were almost never enforced. Twenty-four states
reported taking no disciplinary or criminal action against agents; most
didn't even know whether state or local prosecutors had ever pursued such
cases. Around the same time, North Carolina's secretary of state decided to
take the opposite tack.

With the NCAA investigating whether agents had funneled improper benefits to
UNC defensive tackle Marvin Austin and receiver Greg Little - the probe
would eventually expand to include former UNC associate head coach John
Blake and others - Secretary of State Elaine Marshall set in motion an
investigation of her own to determine if the state's sports agent laws were
broken. Considering how little cooperation her office has received from the
NCAA thus far, it seems fair to ask whose side the organization is on.

Making a case against rogue agents has never been easy. But a decade or so
ago, the NCAA tried to make it easier by lobbying state lawmakers to agree
on a set of standardized rules. The result was the Uniform Athletes Agent
Act, adopted by 39 states, including North Carolina, and similar to those in
California, Michigan and Ohio, which retained their own laws to deal with
agent oversight. The UAAA gives schools the right to sue agents who violate
the law, though there's no chance of an award large enough to undo the
damage, which in UNC's case has already been considerable.

Fourteen players missed at least one game and seven players were forced to
sit out the entire 2010 season - including Austin and two others taken in
the first two rounds in this summer's NFL draft. A Tar Heels team considered
a good shot for a BCS bowl wound up 8-5 and in the Music City Bowl instead.
Head coach Butch Davis was fired in July, even though he was never tied
directly to or cited for any violation and the school still owes him nearly
$3 million. In a bid for leniency ahead of next week's meeting with the
NCAA's infractions committee, UNC penalized itself last month - vacating all
16 wins from the 2008-09 seasons, cutting nine scholarships over the next
three years and agreeing to pay a $50,000 fine.

Considering how much wrongdoing is alleged, gathering evidence wouldn't seem
hard. But because the law provided no funding, the secretary of state's
office has had to deploy staffers who usually investigate securities fraud
to build a case. Getting the NCAA to help has proven an even more daunting
task. After some early cooperation, Marshall's office went to state court
last week to force the NCAA to turn over documents from its investigation.

`This came as a surprise to us," NCAA spokeswoman Stacey Osburn said in an
emailed statement. "We were under the misimpression that we had a
cooperative relationship with the office."

There's been too much legal and jurisdictional wrangling to recount here.
Suffice it to say that the NCAA provided some documents when North Carolina
made its requests through the secretary of state's office in Indiana, where
the organization is headquartered, but even those had the confidential
information redacted. The NCAA said that was because of the federal Family
Educational Rights and Privacy Act - known as FERPA - then added, "We are
not sure of the Secretary of State's motives or agenda, but we plan to fight
this action aggressively in court."

The NCAA's response is more pragmatic than principled at this point. It's no
doubt worried that if it cooperates fully with North Carolina's request for
documents from its investigation, it will have to do the same with any other
state law-enforcement agency doing the same. Yet that's exactly what the
NCAA proposed when it sought out cooperation from the states, the NFL and
its players association to deal with an "age-old problem that not just one
group or organization can solve on its own."

Where the secretary of state's effort goes from here is anyone's guess. A
hearing on its request for an unredacted copy of the NCAA notice of
allegations outlining nine violations as well as records of interviews
conducted by NCAA staff is set for Nov. 28. The office is running on a
limited budget, although some of its subpoenas, especially those involving
Blake's financial ties to the late NFL agent Gary Wichard, suggest it might
be onto something. Though no one in the office will say as much, they were
no doubt hoping that several other states whose flagship schools got caught
breaking rules because of improper contact with agents would take up the
cause. None have thus far.

Few organizations like to conduct their business in public, which hardly
makes the NCAA an exception. But policing the schools, or at the very least
helping the schools to police themselves, is the reason the NCAA exists in
the first place. And if it can't be counted on to provide cooperation in an
instance like this, it has to make you wonder what else the organization
might be hiding.

---

Jim Litke is a national sports columnist for The Associated Press. Write to
him at jlitke(at)ap.org. Follow him at htttp://Twitter.com/JimLitke.

 

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Three Heisman Trophy winners: Steve Spurrier (1966), Danny Wuerffel (1996),
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