NCAA COMMITTEE
OSU’s hearing suddenly put off
Meanwhile, papers filed in O’Brien case suggest new violation to weigh
Saturday, December 10, 2005
Rob Oller and Kathy Lynn Gray
THE COLUMBUS DISPATCH
INDIANAPOLIS — The NCAA’s case against Ohio State took another strange turn yesterday. The organization’s infractions committee abruptly postponed a hearing on nine allegations against the athletics department just hours after it began.
Also yesterday, newly filed court documents revealed that former Ohio State Athletics Director Andy Geiger had testified during a deposition on March 17 that the university had determined that it lacked institutional control over the men’s basketball program.
A finding by the NCAA of a lack of institutional control would be a worst-case scenario for an athletics program. But despite Geiger’s statements under questioning by Brian Murphy, an attorney for fired basketball coach Jim O’Brien, OSU is facing only a lesser charge of "failing to monitor" the men’s basketball program. It is the only allegation OSU is disputing.
During a break in the NCAA hearing yesterday, Geiger, OSU President Karen A. Holbrook and current Athletics Director Gene Smith all declined to comment on the deposition.
"I can’t comment. I just got lectured to," Smith said, declining to name his lecturer.
The NCAA does not comment on current cases, but a statement it issued yesterday said the postponement "has nothing to do with the merits of the case."
Joe Murray, another attorney for O’Brien, said yesterday that the NCAA had requested copies of depositions given in the lawsuit but was turned down by Ohio State. He later backtracked, saying his comments had nothing to do with yesterday’s hearing.
Geiger’s testimony, filling 281 pages of transcript, was taken as part of a $9.5 million wrongful termination lawsuit O’Brien brought against OSU. O’Brien was fired June 8, 2004, after telling Geiger that he had given the family of Serbian basketball recruit Aleksandar Radojevic $6,000 in 1998.
O’Brien’s trial begins Monday in the Ohio Court of Claims. Attorneys filed a flurry of documents this week, including transcripts of 15 depositions.
In Geiger’s, Murphy asked whether the athletics department has "made a decision that there was a lack of institutional control."
Geiger answered, "I think we have realized that."
When asked if he had concluded that the "NCAA was going to make a finding of lack of institutional control," Geiger said, "Yes."
Geiger said he made that determination after O’Brien told him about the payment he made to Radojevic’s family.
O’Brien asserts in his lawsuit that Radojevic was a professional athlete at the time of the payment because he had played in Europe for a short time. Ohio State did not know about his professional status when coaches began to recruit him in early 1998.
Geiger also testified about the sanctions Ohio State imposed on itself in anticipation of NCAA sanctions. Geiger said he consulted with men’s basketball coach Thad Matta before deciding that Ohio State would ban itself from postseason play in 2005.
He said he asked Matta if he preferred a ban in 2005 or 2006, and Matta said "his preference was to do it immediately and get it behind us."
In August, Ohio State further penalized the program, taking away two of the 13 scholarships available to it this season. The Buckeyes have 10 scholarship players on the roster.
Yesterday’s NCAA hearing had been scheduled for months, and two days had been set aside for it.
The sudden suspension of it is one of many twists the case has taken. After the NCAA made its allegations in May, Ohio State was given until late July to respond in writing. Two days before the response was due, the NCAA announced that it wouldn’t be required until late August.
After OSU filed its 200-page response, as well as several thousand pages of supporting documents, the hearing date, originally set for September, then was changed to December.
roller@dispatch.com
kgray@dispatch.com