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Why didn't the NCAA just take the banner and vacate the wins if that's what they are going to do anyway? Why did they leave it up to UofL to determine which players were ineligible? Why not go ahead and take the banners and wins, money etc. and be done with it if there's nothing UofL can do about it?
 
Why didn't the NCAA just take the banner and vacate the wins if that's what they are going to do anyway? Why did they leave it up to UofL to determine which players were ineligible? Why not go ahead and take the banners and wins, money etc. and be done with it if there's nothing UofL can do about it?
Simple. Due process. Entitled to appeal or not. If you appeal, you need to bring a new perspective or something fresh or you are just wasting money. Obviously U of L feels they can do this.
 
Why didn't the NCAA just take the banner and vacate the wins if that's what they are going to do anyway? Why did they leave it up to UofL to determine which players were ineligible? Why not go ahead and take the banners and wins, money etc. and be done with it if there's nothing UofL can do about it?
Its kinda like having to cut your own switch thats about to be used to paint your backporch red.
 
Why didn't the NCAA just take the banner and vacate the wins if that's what they are going to do anyway? Why did they leave it up to UofL to determine which players were ineligible? Why not go ahead and take the banners and wins, money etc. and be done with it if there's nothing UofL can do about it?

Don't think they left UofL to determine which players were ineligible, just which games they played.
 
...Judge: "NCAA, in your bylaws, are you legally allowed to break precedent and basically do what you want?"

NCAA: "Yes."

Judge: "UofL, did you consent to these bylaws and agree to operate within its parameters upon becoming a member institution?"

UofL: "Yes"

**Case closed**...
Yeah, right.

Here are the statutes applying to the NCAA and any other nonprofit in the State of Indiana. You won't find language in there saying the NCAA can "basically do what it wants." (Not saying it doesn't sometimes try, like this situation.)

And try telling a judge as a nonprofit that you can "do what you want."

Funny stuff.

"Elite program," my a$$...
 
Yeah, right.

Here are the statutes applying to the NCAA and any other nonprofit in the State of Indiana. You won't find language in there saying the NCAA can "basically do what it wants." (Not saying it doesn't sometimes try, like this situation.)

And try telling a judge as a nonprofit that you can "do what you want."

Funny stuff.

"Elite program," my a$$...
Maybe you can be a bit more specific. That link was primarily about the technical aspects of creating, running and dissolving a non-profit.

The Indiana AG didn't step in with the Penn St. situation.
 
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Yeah, right.

Here are the statutes applying to the NCAA and any other nonprofit in the State of Indiana. You won't find language in there saying the NCAA can "basically do what it wants." (Not saying it doesn't sometimes try, like this situation.)

And try telling a judge as a nonprofit that you can "do what you want."

Funny stuff.

"Elite program," my a$$...
I'm in Europe right now. Did they reroute the Ohio River south of Louisville?
 
Maybe you can be a bit more specific. That link was primarily about the technical aspects of creating, running and dissolving a non-profit.

The Indiana AG didn't step in with the Penn St. situation.
That's all case law. Too many non-lawyers like Rob act like it's statutorily defined that the NCAA can "do what it wants". I help manage an Indiana nonprofit, and I can tell you there's never been a good defense that starts with that sentence.

And if it's case law that you're relying on, THAT IS PRECEDENT. Don't tell me what has happened in the past with the NCAA and then say that precedent doesn't matter. That's trying to have it both ways, which as I said, is probably not going to deter the NCAA from trying to make that argument...
 
I'm in Europe right now. Did they reroute the Ohio River south of Louisville?
The NCAA is based in Indianapolis which is why I linked Indiana statutes. My guess is a lot of that code is common from state to state anyway...
 
That's all case law. Too many non-lawyers like Rob act like it's statutorily defined that the NCAA can "do what it wants". I help manage an Indiana nonprofit, and I can tell you there's never been a good defense that starts with that sentence.

And if it's case law that you're relying on, THAT IS PRECEDENT. Don't tell me what has happened in the past with the NCAA and then say that precedent doesn't matter. That's trying to have it both ways, which as I said, is probably not going to deter the NCAA from trying to make that argument...
That link was pure code, there was no case law.
 
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That link was pure code, there was no case law.
Correct. That link was from my post. No "do what you want" language in there.

The closest it comes is that you have to follow your own (by)laws. That is, no legislation on the fly as the NCAA is trying to do...
 
Correct. That link was from my post. No "do what you want" language in there.

The closest it comes is that you have to follow your own (by)laws. That is, no legislation on the fly as the NCAA is trying to do...
In what ways has the NCAA strayed from its bylaws?
 
Correct. That link was from my post. No "do what you want" language in there.

The closest it comes is that you have to follow your own (by)laws. That is, no legislation on the fly as the NCAA is trying to do...
But they haven't strayed from their bylaws.
 
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Slappies have a hard time keeping track...

I NEVER SAID THEY DON'T FOLLOW THEIR BYLAWS. I WAS TELLING THE U OF L GUY THERE'S NO "DO WHAT YOU WANT" LANGUAGE IN THE NONPROFIT LAWS. THE CLOSEST TO "DOING" OR "NOT DOING WHAT YOU WANT" IS THAT YOU HAVE TO FOLLOW YOUR OWN (BY)LAWS.

SO DOES IT HELP A SLAPPY UNDERSTAND WHEN YOU SHOUT THE RESPONSE?

"ELITE PROGRAM," MY A$$...
 
Slappies have a hard time keeping track...

I NEVER SAID THEY DON'T FOLLOW THEIR BYLAWS. I WAS TELLING THE U OF L GUY THERE'S NO "DO WHAT YOU WANT" LANGUAGE IN THE NONPROFIT LAWS. THE CLOSEST TO "DOING" OR "NOT DOING WHAT YOU WANT" IS THAT YOU HAVE TO FOLLOW YOUR OWN (BY)LAWS.

SO DOES IT HELP A SLAPPY UNDERSTAND WHEN YOU SHOUT THE RESPONSE?

"ELITE PROGRAM," MY A$$...
You just said this above, "The closest it comes is that you have to follow your own (by)laws. That is, no legislation on the fly as the NCAA is trying to do...".

You are most certainly saying they don't follow their bylaws. You also keep claiming value matters when the NCAA specifically states that it does not. Notre Dame was punished without the impermissible benefits having a monetary value. Also you keep saying a benefit in recruiting is important, but it is not, simply attempting to gain an advantage is all that matters. You've never responded to several people reminding you that Penn St. never sued the NCAA. In fact, no member school has ever sued the NCAA, not over sanctions.
 
Slappies have a hard time keeping track...

I NEVER SAID THEY DON'T FOLLOW THEIR BYLAWS. I WAS TELLING THE U OF L GUY THERE'S NO "DO WHAT YOU WANT" LANGUAGE IN THE NONPROFIT LAWS. THE CLOSEST TO "DOING" OR "NOT DOING WHAT YOU WANT" IS THAT YOU HAVE TO FOLLOW YOUR OWN (BY)LAWS.

SO DOES IT HELP A SLAPPY UNDERSTAND WHEN YOU SHOUT THE RESPONSE?

"ELITE PROGRAM," MY A$$...

So what you're saying is it really isn't that close.
 
...You are most certainly saying they don't follow their bylaws. You also keep claiming value matters when the NCAA specifically states that it does not. Notre Dame was punished without the impermissible benefits having a monetary value...
So what was the value of the benefit, and what was the penalty. We'll see if there's a relationship or not...
 
...Also you keep saying a benefit in recruiting is important, but it is not, simply attempting to gain an advantage is all that matters. You've never responded to several people reminding you that Penn St. never sued the NCAA. In fact, no member school has ever sued the NCAA, not over sanctions.
This isn't criminal. In civil court--where it's headed--value matters.

And the NCAA, not U of L, couched this as an impermissible benefits violation. Knowingly or not, they started down the path of "what's the value?" In court, they'll have to answer that question esp. in the face of precedent where they've taken that into consideration.

There was a trial involving the NCAA and Penn State to take place in early 2015 because their settlement averted it and reduced their penalties. As I said, most cases like these never make it that far--the stakes are too high.

"Elite program," my a$$...
 
This isn't criminal. In civil court--where it's headed--value matters.

And the NCAA, not U of L, couched this as an impermissible benefits violation. Knowingly or not, they started down the path of "what's the value?" In court, they'll have to answer that question esp. in the face of precedent where they've taken that into consideration.

There was a trial involving the NCAA and Penn State to take place in early 2015 because their settlement averted it and reduced their penalties. As I said, most cases like these never make it that far--the stakes are too high.

"Elite program," my a$$...
The NCAA's definition of impermissible benefits DOES NOT require monetary value. Why are you hung up on something that doesn't exist. A judge will have no standing to change that definition. Are you going to acknowledge that no member institution has ever sued the NCAA over sanctions? No, the state of Pennsylvania sued, not Penn St. Penn St. was a defendant, not a plaintiff. In other words, Penn St. was on the same side as the NCAA. https://www.usatoday.com/story/spor...-joe-paterno-lawsuit-consent-decree/21723591/
 
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The NCAA's definition of impermissible benefits DOES NOT require monetary value. Why are you hung up on something that doesn't exist. A judge will have no standing to change that definition. Are you going to acknowledge that no member institution has ever sued the NCAA over sanctions? No, the state of Pennsylvania sued, not Penn St. Penn St. was a defendant, not a plaintiff. In other words, Penn St. was on the same side as the NCAA...
You're either nuts or just a garden variety slappy...

An impermissible benefit is by definition of value. It is something that a student-athlete or recruit gets that a regular student does not. If it doesn't have value, it can't be a benefit. The issue for the NCAA to argue in court is whether the value matters and whether it can mete out any penalty it wants regardless of value.

What does it matter if a "member institution has ever sued the NCAA over sanctions?" Where is that a prerequisite for the NCAA being sued over the U of L penalty? The precedent is that impermissible benefits have value, not whether there's a resulting lawsuit.

And why is a slapd!ck so damn interested in this subject anyway? It doesn't involve you.

"Elite program," my a$$...
 
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Well now....if wins have no value.....then why do they have to be vacated?

What does it matter if those games had a W or L outcome?

Why do they keep score if there is no value.?

Confused you are.:confused:o_O
 
You're either nuts or just a garden variety slappy...

An impermissible benefit is by definition of value. It is something that a student-athlete or recruit gets that a regular student does not. If it doesn't have value, it can't be a benefit. The issue for the NCAA to argue in court is whether the value matters and whether it can mete out any penalty it wants regardless of value.

What does it matter if a "member institution has ever sued the NCAA over sanctions?" Where is that a prerequisite for the NCAA being sued over the U of L penalty? The precedent is that impermissible benefits have value, not whether there's a resulting lawsuit.

And why is a slapd!ck so damn interested in this subject anyway? It doesn't involve you.

"Elite program," my a$$...
You're either nuts or just a garden variety slappy...

An impermissible benefit is by definition of value. It is something that a student-athlete or recruit gets that a regular student does not. If it doesn't have value, it can't be a benefit. The issue for the NCAA to argue in court is whether the value matters and whether it can mete out any penalty it wants regardless of value.

What does it matter if a "member institution has ever sued the NCAA over sanctions?" Where is that a prerequisite for the NCAA being sued over the U of L penalty? The precedent is that impermissible benefits have value, not whether there's a resulting lawsuit.

And why is a slapd!ck so damn interested in this subject anyway? It doesn't involve you.

"Elite program," my a$$...
No, it isn't by definition something of value. No value has been placed on the Notre Dame impermissible benefits. No value has been placed on the UNC impermissible benefits. This is the crux of your misunderstanding. Impermissible benefits require no value, it is simply something offered to student athletes that is not offered to the average student. Help with grades is an easy example. There is no direct monetary correlation. Both Syracuse and Notre Dame learned this the hard way.

Whether or not a member institution has ever sued the NCAA over sanctions matters a great deal. Schools tend to not bite the hand that feeds them and even more so, they aren't interested in challenging the powers that be, let alone make public their full closet of skeletons.

This is interesting to everyone who loves college basketball.
 
I've thought about this issue a great deal since the sanctions were made public. One thing stands out in my mind; and I'm not sure exactly how the NCAA thinks it can just make the 2012 final four and the 2013 championship banner magically disappear. They are not getting any of the stuff that I bought showing off that accomplishment by the team I love. I don't care what the NCAA says. I have plaques. I have banners. I have hats, t-shirts, recordings, and novelty items boasting about those things. It happened. I have proof it happened. I don't need the NCAA approval for being proud of those accomplishments. Luke Hancock may not be walking thru that door, but I can damn well promise you he won't be giving up his national championship ring anytime soon. Neither will I.

#cardsfandontcare.
 
The thing for all UofL fans to keep in mind is that the proposed sanctions (other than Coach Pitino's proposed 5 ACC game suspension) involve vacating/removing official records of the past and have no effect or impact on the present or future. For sure, it will be a talking point for ages by rivals ( as evidenced by it currently being the only topic visitors, proclaiming they're here because they are "basketball fans", weigh in on here). But for the program, and the fans, it has no bearing on the present or future. Don't buy into the false narrative that this cloud is "bringing down the program". The program is being punished for past actions (justifiable IMHO) which will likely effect the record books, but have no impact on the present or future. Coach Pitino and the staff are currently enjoying some of the best recruiting the program has ever seen...and the future looks extremely bright. Looking forward to reaping the benefits of the recent recruiting successes. :cool:
 
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The thing for all UofL fans to keep in mind is that the proposed sanctions (other than Coach Pitino's proposed 5 ACC game suspension) involve vacating/removing official records of the past and have no effect or impact on the present or future. For sure, it will be a talking point for ages by rivals ( as evidenced by it currently being the only topic visitors, proclaiming they're here because they are "basketball fans", weigh in on here). But for the program, and the fans, it has no bearing on the present or future. Don't buy into the false narrative that this cloud is "bringing down the program". The program is being punished for past actions (justifiable IMHO) which will likely effect the record books, but have no impact on the present or future. Coach Pitino and the staff are currently enjoying some of the best recruiting the program has ever seen...and the future looks extremely bright. Looking forward to reaping the benefits of the recent recruiting successes. :cool:
I agree, and as far as I'm concerned, it won't have any impact on MY past as a Cardinals fan either. I have my stuff which I will CONTINUE to display showing the past championships and accomplishments. I just don't care what the NCAA has to say about it. It's mine. They can't and won't take it away from me.
 
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Zero, the wins themselves have no value. There is value in money awards from the NCAA but that has nothing to do with impermissible benefits value.
So, if the NCAA did not declare a monetary value in the benefits case you cited, and the penalty of vacated wins has no value, that makes perfect sense. $0 on each side of the equation.

Let a slappy 'splain what I'm missing?

"Elite program," my a$$...
 
No, it isn't by definition something of value. No value has been placed on the Notre Dame impermissible benefits. No value has been placed on the UNC impermissible benefits. This is the crux of your misunderstanding. Impermissible benefits require no value, it is simply something offered to student athletes that is not offered to the average student...
No it's not that simple... If I offer a handshake to a student-athlete for attending U of L, and I don't shake the hand of every other student on campus, is that an impermissible benefit? And even if it is, would the NCAA declare that athlete "ineligible" until he appeals for reinstatement? Of course not, because a handshake has little or no value.

It's why the unqualified slappy argument you're trying to make has so many holes. You and the other LPT a$$clowns in this thread want so badly for U of L's penalty to stand, you put blue blinders on. And that doesn't matter. It will end up in court, and the value of impermissible benefits will be relevant. Those close to the case have already acknowledged that. Slappies will just have to keep their fingers crossed.

"Elite program," my a$$...
 
Your argument on this issue appears to be founded on a faulty presumption that everything has value for purposes of NCAA regulations on impermissible benefits. Some things don't have "value" that can be calculated or there are impermissible benefits where the issue is something beyond value. For example, if the UNC case, if the NCAA rules that fake classes were available to athletes and not regular students, that is an impermissible benefit, but there is no quantifiable value...
Slapd!cks don't wanna accept that the difficulty or in some cases impossibility of quantifying value doesn't mean that something doesn't have value. Value is central to almost all civil cases. If I sue you for defamation, I also have to quantify what that damage to me has been. I may get a judgment for $1 if I can't. But no one in the courtroom reasons, as the slappies in this thread are trying to, that value doesn't matter. That's just the slapd!ck in you talking.

The NCAA has already made value a central issue by defining this as a case of impermissible benefits. And the problem for the NCAA is that the value in this case CAN be measured. Hell, they already have, $5,000 or whatever it was. Some say it's a despicable argument to make, but tell me when despicable arguments were precluded in a court of law? U of L and its attorneys will offer that defense, and they will claim they had no due process to address it within the NCAA as is usually the situation.

And all the slapd!ck arguing and whining in the meantime ain't changing any of that. Sorry...

"Elite program," my a$$...
 
So, if the NCAA did not declare a monetary value in the benefits case you cited, and the penalty of vacated wins has no value, that makes perfect sense. $0 on each side of the equation.

Let a slappy 'splain what I'm missing?

"Elite program," my a$$...
I already have. Value is irrelevant.
 
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I already have. Value is irrelevant.
No, if I understood correctly, you said that neither the transgressions nor the penalty had value. Which makes perfect sense in a penalty-for-benefit value construct. And it hardly proves that "value is irrelevant."

"Elite program," my a$$...
 
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