Gatorubet
Loathing All Things Georgia
http://www.floridatoday.com/article/.../90423024/1086
Dadgum it, boahs will be boahs, and cheatin' will be cheatin', but ah want my dadgum wins even if ah did let 'em cheat to stay eligible like!!
FSU files appeal in NCAA misconduct case
BY STEVE ELLIS • TALLAHASSEE DEMOCRAT • April 23, 2009
Florida State officials cited the NCAA’s handling of previous cases, including the Infractions Appeals Committee’s recent reversal of a vacating-wins penalty handed down to Oklahoma, in its own case for appeal submitted on Thursday.
The university repeated its original stance that the penalty calling for the vacating of wins in multiple sports is excessive. FSU, in its 28-page appeal that also includes numerous letters and documents, pointed to its cooperation with the NCAA during the academic-misconduct case that involved 61 student-athletes and an on-line music course over three semesters.
The Committee of Infractions ruled on March 6 that FSU must vacate wins in which ineligible student-athletics participated representing 10 sports in the fall of 2006 and 2007 and the spring of 2007. FSU also received a four-year probation among other sanctions but the vacation of wins is the only penalty FSU is appealing.
FSU cited in its appeal a number of steps it took upon being made aware of possible violations. They included voiding the online music class for all student-athletes enrolled in it during the three semesters in question – meaning they had to retake the course in the spring semester of 2008. The university, in working with the NCAA Student-Athlete Reinstatement Staff, penalized involved student-athletes 30 percent of competition.
The appeal was submitted and signed by former Tallahassee administrative judge William E. Williams of the GrayRobinson law firm and Stacey Karpinski of The Compliance Group, a consulting group that assisted FSU prepare for its self-report and hearing before the NCAA in this case.
The report concludes:
"The Committee on Infractions did not discuss or specify the weight it accorded to the University's exemplary cooperation and corrective action. As in the University of Oklahoma case, this omission warrants vacation of the penalty.
"In addition, the violations were primarily confined to a single course, arose from confusion regarding the examination procedures adopted by temporary professors, and unfairly penalizes innocent student-athletes and coaches. The University, moreover, acted pursuant to its belief that an agreement with the NCAA strictly limited the period of ineligibility to which culpable student-athletes would be subjected to 30 percent of one season of competition.
"Finally, even if this Committee upholds the vacation penalty, it should not require the reconfiguration of the records of innocent head coaches -- a penalty that falls solely on innocent parties -- just as it does not require vacation of the individual records of innocent student-athletes."
Dadgum it, boahs will be boahs, and cheatin' will be cheatin', but ah want my dadgum wins even if ah did let 'em cheat to stay eligible like!!
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