Sue them, for the love of god sue them

[Deadrody]

I'm sorry, but I'm one who thinks that UConn should not sue the NCAA. Why drag this out any further? Unless UConn has an ironclad case against the NCAA (which I don't think is the case), then why sue them. Let this thing die. Accept the penalty. Whatever. We'll do more damage by having an amazing team next year. It'll make the media turn right around and say "why can't UConn be in when none of their current players attributed to the APR disaster?"

But otherwise, let this thing die. Maybe the NCAA is corrupt, but eventually they'll fall apart. This isn't the silver bullet that will destroy the NCAA. Accept our fate and move on. It's one year. Think about it, at least it isn't the USC football situation...

I think that is the essence of the evaluation UConn has to do before they decide to sue or not. I say they should. I cannot imagine how banning the team from postseason by retroactively applying a new rule can stand up.

You're right that the horrible injustice being carried out next year may work more in our favor than a lawsuit, but I'm not sure where that balance is.

 

[8893]

If we sue, I expect at least one cause of action to be Breach of the Covenant of Good Faith and Fair Dealing. And it does appear that we have more than a colorable claim here imo.

 

[Deadrody]

If we sue, I expect at least one cause of action to be Breach of the Covenant of Good Faith and Fair Dealing. And it does appear that we have more than a colorable claim here imo.

I love it when you talk all lawyerly and whatnot.

 

[CL82]

Because we've fought back and lost. Twice! If we keep trying to beat this dead horse, we're just going to look like lunatics. I'm not saying that I like it, but let's face it. The quicker this side show is over, the better.

Administrative appeals to NCAA are vastly different than litigation. As much as we don't want take this court, the NCAA really, really does not want to go there. UConn needs to back channel to the NCAA that we won't let this stand and will litigate if necessary. They then need to release the facts daily to the press, again not via a press release but on deep background, that 1) One year is the cause of all this (the others are soft but acceptable); 2) we've already been punished for that year; 3) The most significant cause of this problem was 3 players who had eligible for four years choosing not to complete there Spring course work in order to pursue pro careers - how is this worse than continued one and dones at Kentucky? 4)when the NCAA changed the rule they knew that we had no way to comply if they 'double counted' the old data and yet they chose to use that anyway; 5) UConn has worked hard to improve our APR and the current numbers are excellant 6) UConn has offer to provide these numbers to the NCAA and the NCAA has arbitrarily chosen not to use them.

Let the NCAA know that we will be forced to litigate if the issue isn't resolved, if our favor by the April meeting. Give them our current numbers to show our improvement and the steps that we've taken to correct issue institutionally so that they can write a press release praising our remediation efforts and stating that they will use current data. We're happy and the NCAA saves face.

JMO

 

[Excalibur]

I think that publicly eviscerating the NCAA and Emmert personally in the media at every opportunity is going to be more useful than filing an ultimately doomed lawsuit.

 

[8893]

I love it when you talk all lawyerly and whatnot.

I try to refrain from that whenever possible, but in this instance there appeared to be a genuine question about what type of claim we could bring, and if it could be brought legitimately. I was just trying to answer that question.

 

[CL82]

I think that publicly eviscerating the NCAA and Emmert personally in the media at every opportunity is going to be more useful than filing an ultimately doomed lawsuit.

I'm less convinced than others that there is no possibility for success but I do think that the threat of lawsuit is more likely to be the path to a resolution than the suit itself.

 

[FfldCntyFan]

I don't know if a lawsuit will be able to accomplish anything (beyond dragging out the process of enforcement, similar to UNLV two plus decades ago) and whle the threat of legal action could lead the NCAA to relent, there is no way this could do anything but hurt us in the court of public opinion.

The only thing that could help us would be for many independent parties (primarily sportswriters) continually pointing out the flaws in the NCAA's methodologies and their continual hypocrisy in selectively handing out punishments.

It is highly unlikely that we can get this decision overturned, it is however for only one year. We need to look at what there is to gain and to lose in how we move on from this.

 

[Hoophound]

I don't know if if a lawsuit will be able to accomplish anything (beyond dragging out the process of enforcement, similar to UNLV two plus decades ago) and whle the threat of legal action could lead the NCAA to relent, there is no way this could do anything but hurt us in the court of public opinion.

The only thing that could help us would be for many independent parties (primarily sportswriters) continually pointing out the flaws in the NCAA's methodologies and their continual hypocrisy in selectively handing out punishments.

It is highly unlikely that we can get this decision overturned, it is however for only one year. We need to look at what there is to gain and to lose in how we move on from this.

I'm not so sure. The university has to control public opinion by ruthlessly outing scum bags. Hopefully, the new administration is better than the last at working the media. This helpless bs is ridiculous. People need to sack up and fight like a big southern school would. Northerners just don't seem to have the passion for getting in the mud and making things happen. Why do you think the B12 and ACC survived? A willingness to get dirty.

 

[FfldCntyFan]

I'm not saying that we can't fight. I'm saying that we need to use caution and discretion in how we fight, almost a covert war, where while we are assisting in outing the NCAA for the corrupt hypocrites that they truly are, we maintain the image as bystanders in the attack who were wrongly persecuted.