Westbrook Waiver? | Page 2 | The Boneyard

Westbrook Waiver?

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The established a new standard when they allowed Shepard to play for Notre Dame. As a result... there is precedent in place for Westbrook. In addition to that... if they deny Westbrook there could be a discrimination case filed.
Wait and see...
 
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does anyone know we Westbrook and the rest of the time will be back on campus ? I believe only Williams is back right now.
 
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The established a new standard when they allowed Shepard to play for Notre Dame. As a result... there is precedent in place for Westbrook. In addition to that... if they deny Westbrook there could be a discrimination case filed.
Wait and see...
Discrimination?
 

Argonaut

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does anyone know we Westbrook and the rest of the time will be back on campus ? I believe only Williams is back right now.

Williams and Makurat are for sure on campus. I suspect Evina is there, too, because she said her goodbyes and she and her mom flew out of Oregon on Sunday. Crystal posted that she was in CT last week, but not specifically at UConn.

Other than that, it’s been pretty quiet on the Husky front.
 
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I Still believe money always talks, and ESPN renewed this series, if they don' t have Westbrook playing they will cause a problem that the NCAA will never recover from.
The guys running ESPN probably never heard of Westbrook. While WBB is important to ESPN, relative to MCBB and NCAA Football WCBB is small $$ potatoes in ESPN's overall relationship with the NCAA.
 
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She was in Connecticut a few hours ago according to her Instagram account. @UConnCat
 
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The established a new standard when they allowed Shepard to play for Notre Dame. As a result... there is precedent in place for Westbrook. In addition to that... if they deny Westbrook there could be a discrimination case filed.
Wait and see...


1. None of us know the reason Shepard's waiver request was approved.

2. If they deny it, there is NO chance of a discrimination suit.
 

UConnCat

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Shepard's parents have no idea why her waiver was granted.

To this day, Shepard’s parents have no idea why her appeal was successful. That same fall, for instance, Navy transfer Alohi Gilman was told he’d have to sit out a year before playing football for the Irish.

“Nobody seems to really know what the deal is there,” Mark Shepard said. “When we looked at it, about 50 percent of the applications got approved and you have to go through multiple appeals to make it happen. She fully anticipated she would have to sit out for a year.”


Jess thinks being honest was the key.

I think that was just (because) we filled out the waiver the proper way and we were honest in everything that we did,” she said. “We had heard it was kind of a 50/50 deal. We knew we had gone about it the right way. We were just honest in the questions that they had asked, so whatever the result was we were going to be good with it.”

Honesty doesn't seem to be too high of a bar.

 
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Shepard's parents have no idea why her waiver was granted.

To this day, Shepard’s parents have no idea why her appeal was successful. That same fall, for instance, Navy transfer Alohi Gilman was told he’d have to sit out a year before playing football for the Irish.

“Nobody seems to really know what the deal is there,” Mark Shepard said. “When we looked at it, about 50 percent of the applications got approved and you have to go through multiple appeals to make it happen. She fully anticipated she would have to sit out for a year.”


Jess thinks being honest was the key.

I think that was just (because) we filled out the waiver the proper way and we were honest in everything that we did,” she said. “We had heard it was kind of a 50/50 deal. We knew we had gone about it the right way. We were just honest in the questions that they had asked, so whatever the result was we were going to be good with it.”

Honesty doesn't seem to be too high of a bar.


That "we were honest" comment sounds just like what a lawyer would suggest they say. But then I'm a cynical New Englander. Maybe honesty is still a cherished virtue in the mid-west but there is a huge gray area in all laws and regulations and that's where lawyers make their money. Odd that most all laws and regulations are also written by lawyers too. :confused: Nice way to insure job security.

I've worked in regulatory agencies and bringing in a lawyer can sometimes be a bad idea. Administrators sometimes become very closed mouth and careful when dealing with them and sometimes they give in if they don't want the fight. Most of the time where I worked waivers of various rules and regulations were routinely denied and only at the appeal level are they granted. You never know. I suspect that it's the school losing the transfer that makes or breaks the waiver in these cases. They can spin a story any way they want. And only under appeal will the student discover that they are blocking and have a chance to respond to what they say.

And sometimes admins let their personal prejudices cloud their judgement.
 

Siestakeyfan

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The established a new standard when they allowed Shepard to play for Notre Dame. As a result... there is precedent in place for Westbrook. In addition to that... if they deny Westbrook there could be a discrimination case filed.
Wait and see...
Legal action against NCAA is OVERDUE !
 

oldude

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Legal action against NCAA is OVERDUE !
There are actually several attorneys who specialize in transfer waiver requests. One such attorney recently took on the case of Justin Fields a top QB recruit at UGA who transferred to tOSU after experiencing several racially charged incidents at UGA. It appears that Fields waiver will be granted by the NCAA.

While I do not know if the Westbrooks have retained an attorney to assist in Evina’s waiver request, it would not surprise me.
 
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1. None of us know the reason Shepard's waiver request was approved.

2. If they deny it, there is NO chance of a discrimination suit.
There's ALWAYS a chance of a discrimination suit, most likely under Title VI. Whether or not it is successful is another thing as the NCAA has a slew of very pricey attorneys. The possible premise in this case would be that Shepherd and Westbrook were similarly-situated individuals and Westbrook received/experienced disparate treatment because of her protected class status, which I assume would be race/ethnicity/national origin... Because we don't know Shepherd's specifics, we don't know whether the two are similarly-situated and that Shepherd is a suitable comparator to Westbrook, but that's what the discovery process is all about..
 

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I will bring this point up once again, just so I can get blasted again.
It is totally unfair that some NCAA rules are different depending on the sport. Softball has no waiting period. In fact, a player can play fall softball, transfer after the fall season and play for her new team in the spring!!! This is unbelievable when compared to the "sit out a year" sports. Yet the NCAA can justify it.
I am not sure what the rules are if a player transfers during the spring season (or if it is even possible to transfer mid semester)...
 
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Hasn't it been discussed that Muffet herself thinks the waiver was granted because of the thin bench they had because of injuries?
 

CocoHusky

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There's ALWAYS a chance of a discrimination suit, most likely under Title VI. Whether or not it is successful is another thing as the NCAA has a slew of very pricey attorneys. The possible premise in this case would be that Shepherd and Westbrook were similarly-situated individuals and Westbrook received/experienced disparate treatment because of her protected class status, which I assume would be race/ethnicity/national origin... Because we don't know Shepherd's specifics, we don't know whether the two are similarly-situated and that Shepherd is a suitable comparator to Westbrook, but that's what the discovery process is all about..
Because Westbrook and Shepard are the same gender there is absolutely no aspect of Title IX that would apply. There will be no "discovery" the NCAA decisions are confidential.
 
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I Still believe money always talks, and ESPN renewed this series, if they don' t have Westbrook playing they will cause a problem that the NCAA will never recover from.
If the NCAA can recover (if they had anything to recover from) for the NC decision. I think they would have no issues with anything they may choose to do. The Baylor FB team???
 

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