Bediako situation, legal question | Page 3 | The Boneyard

Bediako situation, legal question


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.”
 
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.
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.
 
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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I think everyone agrees but I doubt the NCAA does anything.

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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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.
...
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."
 
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
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.
 
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.
 
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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?
They should fine Bama the exact amount the judge donated and see what happens.
 
We’re a little bit down the slippery slope where the ncaa could be deemed as denying economic opportunity with someone with a legal right to it.

Wouldn’t surprise me if the “four years of eligibility” thing goes by the wayside and the rule becomes you can play as long as you’re a student. Someone who is a great college player without good pro prospects can stay in school, make a couple mil a year, get two masters degrees and a PhD and play college basketball for 10 straight years
 
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We’re a little bit down the slippery slope where the ncaa could be deemed as denying economic opportunity with someone with a legal right to it.

Wouldn’t surprise me if the “four years of eligibility” thing goes by the wayside and the rule becomes you can play as long as you’re a student. Someone who is a great college player without good pro prospects can stay in school, make a couple mil a year, get two masters degrees and a PhD and play college basketball for 10 straight years
Eventually someone will argue why a college athlete needs to be a college student.
 
We’re a little bit down the slippery slope where the ncaa could be deemed as denying economic opportunity with someone with a legal right to it.

Wouldn’t surprise me if the “four years of eligibility” thing goes by the wayside and the rule becomes you can play as long as you’re a student. Someone who is a great college player without good pro prospects can stay in school, make a couple mil a year, get two masters degrees and a PhD and play college basketball for 10 straight years
What qualifies you as a student? The Miami QB Carson Beck hasn't taken a college course in over two years.
 
I think we’re getting a window into who was prob willing to drop bags before nil
 
I don’t follow this stuff closely and maybe it’s been discussed but can a player jump from one school to another midseason
 
This just seems bad for team chemistry and coach-player relationship, like “hey I know you’ve been busting your ass all season to earn your spot, but this former pro is going to join the team mid season and take your minutes”
 
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Coach Hurley’s take on what’s going on in the game today when it comes to eligibility. He thinks it’s as ridiculous as everyone else.


“We are just going to do the things we do here at UConn the way that we do them, the way we want to build the program,” Hurley said. “We want to recruit high school players, develop them, keep them, and then we want to go into the portal and do what we do there.

“We are just going to keep doing what we are doing. If at some point the sport has changed so much that you can’t be effective doing it that way then either I will get out of college coaching or I don’t know.”



The RuffRuff Alternate Access™:

UConn's Dan Hurley has more to say about NCAA eligibility issues: 'What are we doing?'

 
We’re a little bit down the slippery slope where the ncaa could be deemed as denying economic opportunity with someone with a legal right to it.

Wouldn’t surprise me if the “four years of eligibility” thing goes by the wayside and the rule becomes you can play as long as you’re a student. Someone who is a great college player without good pro prospects can stay in school, make a couple mil a year, get two masters degrees and a PhD and play college basketball for 10 straight years
If this happens, can't wait to see some of the courses NC creates and offers to keep players eligible and on their roster.
 
“We are just going to keep doing what we are doing. If at some point the sport has changed so much that you can’t be effective doing it that way then either I will get out of college coaching or I don’t know.”
Me too, coach. And perhaps even before that.
 
“We are just going to do the things we do here at UConn the way that we do them, the way we want to build the program,” Hurley said. “We want to recruit high school players, develop them, keep them, and then we want to go into the portal and do what we do there.

“We are just going to keep doing what we are doing. If at some point the sport has changed so much that you can’t be effective doing it that way then either I will get out of college coaching or I don’t know.”



The RuffRuff Alternate Access™:

UConn's Dan Hurley has more to say about NCAA eligibility issues: 'What are we doing?'

That's the sad reality, if this stuff continues on it's going to push Hurley and other great coaches out of the college game. When you damage the game this much you no longer have anything that's real.
 
I have always thought that the NCAA was an anti-trust train wreck, but I am a bit surprised that courts are not giving the NCAA any authority to regulate their own product. We are a court ruling away from a judge ruling that a shot from the corner is worth 4 points.
 
I have always thought that the NCAA was an anti-trust train wreck, but I am a bit surprised that courts are not giving the NCAA any authority to regulate their own product. We are a court ruling away from a judge ruling that a shot from the corner is worth 4 points.
In all seriousness how long til the 4-5 year eligibility goes bye-bye and we have 30 year olds in the starting five?
 
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