Bediako situation, legal question | Page 3 | The Boneyard

Bediako situation, legal question

auror said:
The NCAA is free to choose the NCAA field how it wants, but I am guessing Alabama could have a separate lawsuit avenue available if the NCAA had no reason to exclude them and just made a "No Alabamas" club. (South Alabama is fine, it's a no Alabamas club... for the Simpsons fans of the forum). And they still could probably argue it was downstream punishment of the team.

The committee would presumably need reasons if they were very clearly in the field by all objective metrics and bracketologies. Alabama isn't on the bubble. You also can't change the selection criteria halfway through the season when there are millions of dollars on the line.
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Why? The committee didn't need reasons when they only put three Big East teams in the tournament in '24 and they haven't needed reasons for other poor seeding and leaving out deserving teams for undeserving teams in the past.
 
superjohn said:
Why? The committee didn't need reasons when they only put three Big East teams in the tournament in '24 and they haven't needed reasons for other poor seeding and leaving out deserving teams for undeserving teams in the past.
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You don't need me to explain this to you.

There's judgment calls on subjective criteria and then there's leaving out a 4 seed after public pressure to intentionally leave them out.
 
Mike Honcho said:


"The judge who issued the TRO to Charles Bediako is listed as an active donor on the Crimson Tide Foundation website. He is listed under the $100,000.00-$249,999.00 level of donor"
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Yeah it was in that Norlander article I posted above. No conflict of interest here. Nothing to see.

Then there's this. The plot thickens by the hour, as a user on College Basketball Reddit discovered Thursday morning that the judge in the case, James H. Roberts, is an active, six-figure donor to Alabama Athletics. No conflict of interest there, right?
 
auror said:
You don't need me to explain this to you.

There's judgment calls on subjective criteria and then there's leaving out a 4 seed after public pressure to intentionally leave them out.
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It's all subjective, that's why the NCAA can never give a proper answer why some teams are screwed and others aren't.

It's why they penalize some players and programs and not others. It's why UConn was hand selected as the program to bend over when they decided to do a retroactive tournament ban one season.

I shouldn't have to explain this to you as a UConn fan.
 
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superjohn said:
It's all subjective, that's why the NCAA can never give a proper answer why some teams are screwed and others aren't.

It's why they penalize some players and programs and not others. It's why UConn was hand selected as the program to bend over when they decided to do a retroactive tournament ban one season.

I shouldn't have to explain this to you as a UConn fan.
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There are decisions that are not subjectively defensible.

And the judges would agree.
 
auror said:
The NCAA is free to choose the NCAA field how it wants, but I am guessing Alabama could have a separate lawsuit avenue available if the NCAA had no reason to exclude them and just made a "No Alabamas" club. (South Alabama is fine, it's a no Alabamas club... for the Simpsons fans of the forum). And they still could probably argue it was downstream punishment of the team.

The committee would presumably need reasons if they were very clearly in the field by all objective metrics and bracketologies. Alabama isn't on the bubble. You also can't change the selection criteria halfway through the season when there are millions of dollars on the line.
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Sure.

But normally schools can’t play nba players but that’s suddenly changed so if they’re annoyed enough ncaa wants to fight it they have avenues as well.
 
auror said:
There are decisions that are not subjectively defensible.

And the judges would agree.
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In all seriousness what would the punishment be for leaving out Bama? How do you calculate that? Is it just the average units earned for participating in March Madness? If so just write Bama a check.
 
superjohn said:
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The NCAA must have issued some kind of statement for their athletic departments because Dave Benedict said the exact same thing.

“If legally we can’t control or impose NCAA rules in terms of who can play and who can’t, based on a legal decision, the NCAA still has the right to determine what games count toward the NCAA Tournament, and what games don’t count,” UConn AD David Benedict told ESPN. “The NCAA has deemed (Charles Bediako) ineligible. Fine, he can play (on a judge’s ruling). It doesn’t mean the games need to count toward the NCAA Tournament. Otherwise, throw away the rulebook and set it on fire. There are no rules.”
 
Mr. French said:
They are ordered to let him play and make money. They are ordered not to impose sanctions or penalties. Does the court have the power to determine how the NCAA chooses their tournament field or that not including a team in their tournament is a "sanction"? A sanction or a penalty seem to be specific to the kid or the team, i.e. making him ineligible, taking away a program's scholarships, etc.

The courts do whatever they want, but ultimately that would be the argument.

It's dependent on how serious the NCAA wants to take the fight.

My job isn't to argue on NCAA behalf or to figure it out for the NCAA, I'm just saying the court order talks about punishing the player or team, but there are teams every year that think they're deserving and the NCAA arbitrarily determines via selection committee.
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our legal system is ridiculous. it's going to come down to who's lawyers can out-semantic each other. If the ncaa somehow words a new rule barring Bama/Baylor from playing in march correctly based on how the penalty ruling was worded, they maybe can get a way with it.
 
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What is the definition of an amateur athlete? Or is that classification now extinct? Hell do student athletes still exist?

Personally I used to like to see college players develop into pros, now its watching pros develop into college players. (WTF?)

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superjohn said:
I think everyone agrees but I doubt the NCAA does anything.
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Except multiple people in this thread.

But I’m curious how a court would enforce something against the ncaa regarding leaving a team out of the tournament.

I guess financially they could seek damages but what can a school or the court really do to enforce them to allow a team in the tournament?
 
superjohn said:
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These people talking about this are why it was brought up in this thread. Just because a coach who has no idea what is legally permissible is saying it doesn't matter.

I can quote things, too. From Matt Norlander
The case is considered so troubling and agitating, it took less than two days for prominent people in college hoops to speak out and implore the NCAA to consider punishing Alabama's NCAA Tournament résumé, should Bediako play. Mark Pope said it Wednesday night and his opinion is absolutely in the majority.
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Calls for the NCAA Tournament selection committee to act as judge and jury is a Hail Mary move that doubles as damning commentary on just how laughable things have gotten. It's also not going to happen. The court order from the Alabama judge specifically states the NCAA is "further restrained from threatening, imposing, attempting to impose, suggesting, or implying any penalties or sanctions on Mr. Bediako or the University of Alabama or its coaches or other student-athletes as a result of Mr. Bediako's participation in Division I athletics."
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auror said:
These people talking about this are why it was brought up in this thread. Just because a coach who has no idea what is legally permissible is saying it doesn't matter.

I can quote things, too. From Matt Norlander
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Everyone has an opinion. It's my opinion that Charles Bediako and Nate Oats are pathetic for doing what they're doing. It's my opinion that the judge has a major conflict of interest and needed to recuse himself. Matt Norlander read the judge's decision just like the rest of us read the Judge's decision.

As I already stated the NCAA can certainly challenge the decision however they see fit but I doubt they'll do anything.
 
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This is shocking considering that no one in our history, save perhaps Cincinnatus, is more regarded for their personal integrity and honor than Nate Oats.
 
For what it's worth, our woman's team has a freshman who played two years of pro ball in Italy. Just throwing that out there.
 
Mr. French said:
Except multiple people in this thread.

But I’m curious how a court would enforce something against the ncaa regarding leaving a team out of the tournament.

I guess financially they could seek damages but what can a school or the court really do to enforce them to allow a team in the tournament?
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They should fine Bama the exact amount the judge donated and see what happens.
 
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