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Laser Focus: NCAA, Heal Thyself!

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I’m reviving Laser Focus just for the hell of it on this soporific Friday afternoon. The main topic of today’s diatribe is signs of a cracking and crumbling investigative infrastructure at the NCAA becoming increasingly more evident as that august organization bumbles its way through investigations of member institutions.

Take, for instance, the investigation of the University of Miami, which seemed to be a slam-dunk of a case. Nevin Shapiro, a booster who was convicted of masterminding a Ponzi scheme admitted that he had provided improper benefits to Miami Hurricanes recruits. During the course of the investigation, the NCAA admits that “former NCAA enforcement staff members worked with the criminal defense attorney for Nevin Shapiro to improperly obtain information for the purposes of the NCAA investigation through a bankruptcy proceeding that did not involve the NCAA.”

“The NCAA Executive Committee expects the enforcement program to operate within approved procedures and with the highest integrity.” —Lou Anna K. Simon, NCAA Executive Committee Chair

The investigators employed that expedient because the NCAA doesn’t have subpoena power; thus, they used the bankruptcy proceedings to obtain information to which they otherwise would not have been privy. My, my! The things that lawyers do to get around the law.

Mark Emmert, of course, was quick to throw up a smokescreen. “I have been vocal in the past regarding the need for integrity by NCAA member schools, athletics administrators, coaches and student-athletes,” he said. “That same commitment to integrity applies to all of us in the NCAA national office.”

Say what, Markypoo, you incompetent, hypocritical windbag?!?! You made a statement about integrity when you extorted a consent decree out of Rod Erickson, didn’t you? As we used to say in the Bahamas, da fish stink from da head, mon! Is it any wonder that after watching you operate, your rogue operatives think they have carte blanche to stick their noses into anyone’s business at all? Better get ready to lose Corbett’s anti-trust suit, because the actions of you and your organization make it quite obvious that you’re oblivious!

Here’s a blog post with which I don’t completely agree, but it is fun reading for Penn State homeys. Its author is pretty bent out of shape about the NCAA, and if you’ve read my diatribe thus far, you’re pretty amenable to reading such stuff.

But wait, there’s more! The bungling of the Miami investigation is only one high-profile screw-up by the NCAA. Let’s also consider the case of Abigail Grantstein, yet another NCAA lawyer who screwed up yet another NCAA investigation, in this case at UCLA. A basketball player named Shabazz Muhammad was accused by the NCAA of violating amateurism rules and was threatened with ineligibility.  Last August, while the investigation was supposedly being conducted and without a conclusion having been reached, on a flight from Chicago to Memphis a guy who identified himself as the boyfriend of an attorney with the NCAA made it clear that the NCAA was going to find Muhammad ineligible and not allow him to play. This loudmouth also blurted out the name of his girlfriend: Abigail. An attorney on the same flight overheard and emailed Dennis Thomas, a former chairman of the NCAA’s infractions committee, with copies to UCLA and to attorney Robert Orr after learning that he was Muhammad’s personal attorney. In a subsequent interview with the Los Angeles Times, she stated her concern over the lack of confidentiality and the “cavalier discussion of this young man’s future being tossed around for everyone to hear.”

A day after the story was published in The Times last November, the NCAA reinstated Muhammad. In December, sources told The Times that the NCAA had fired Grantstein. Muhammad has become a star, leading the team in scoring and will potentially be a lottery pick in the NBA draft.

Grantstein had been working on other investigations, including that of UCF here in Orlando, and those investigations are in danger of collapsing due to her involvement in them. UCF officials, who met this week with the NCAA in Indianapolis were highly optimistic that the charges would be reduced or dropped completely.

The NCAA has a lot of nerve telling everyone else what to do when it displays its own incompetence and corruption at every turn. Who needs to listen to their hypocritical moralizing.

Physician, heal thyself!

You have to believe that Emmert will react to all the bad press of late. Oh, wait. He did. Here’s his statement:

Media reports yesterday quoting unnamed sources said the inappropriate use of Nevin Shapiro’s attorney to obtain depositions in the Miami case was authorized by the NCAA General Counsel’s office. These reports are not true. In fact, evidence shows the General Counsel’s Office specifically told the enforcement staff — on at least two occasions prior to any arrangements being made with the attorney — that they could not use Shapiro’s attorney for that purpose. As a result, the external investigation is solely focused on the behavior within and the environment of the enforcement program.

Mark Emmert
President, NCAA

Liar liar pants on fire! So, there’s going to be an external review. Shades of Louis Freeh!

Emmert has indeed commissioned an external review of the enforcement program, which we’ll give the moniker “Enforcing the Enforcers.” Kenneth L. Wainstein (no relation to Grantstein, I hope), who is a former Homeland Security Advisor and FBI General Counsel, will conduct the investigation, otherwise known as “Investigating the Investigators.” What a waste of time and manpower! Undoubtedy, Emmert will suppress any negative findings, so what’s the use?

“Upon receipt of Mr. Wainstein’s findings, I will take further steps as needed to assure accountability for any improper conduct,” Emmert said. Yeah, right! He’ll fire some sorry-ass scapegoat to make himself look like the hero, no doubt.

“The NCAA Executive Committee expects the enforcement program to operate within approved procedures and with the highest integrity. Although we are deeply disappointed in this turn of events, we strongly support the actions President Emmert is taking to address the problem,” said Lou Anna K. Simon, executive committee chair and Michigan State University president.

Yeah, but you know that the seeds of destruction have been sown and I think that Pennsylvania Governor Tom Corbett’s anti-trust suit against the NCAA will be a great fertilizer. Given all the shenanigans in Emmert’s backyard, he really ought to resign before the going gets really, really hot. He’ll wish he never listened to Vicky Triponey by the time the dust settles on this one.

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In related news, “Victim Six” is seeking $75,000 in damages from the Tickle Monster, Second Mile, and Penn State in a lawsuit filed this week. The abuse that triggered the suit occurred in a shower encounter with Sandusky in 1998. Recall that his mother pressed the matter with police, but no charges were ever filed.

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And our final story of the day, courtesy of Joe, is one of meddling by the Department of Education in Washington, D.C. “So what else is new with that?” you ask. No doubt relating to our uber-egalitarian president’s desire for uber-egalitarianism, for leveling the playing field, and to make some people more equal than others, Education officials are pressing for schools to give disabled students “a fair shot” to play on traditional sports teams or have their own leagues.

The schools would have to make “reasonable accommodations” to allow them to play on traditional teams. I want to know how that will work. Football playbooks might have to be rendered in braille for the blind wide receiver, while the armless member of the crew team will require an outboard motor for the racing scull. What we need is more government meddling with their head up their ass, as usual.

“Sports can provide invaluable lessons in discipline, selflessness, passion and courage, and this guidance will help schools ensure that students with disabilities have an equal opportunity to benefit from the life lessons they can learn on the playing field or on the court,” Education Secretary Arne Duncan said in a statement announcing the new guidance Friday.

Good old Arne Duncan. What a guy.

This will be an even greater boondoggle than Title IX.

Go ahead, read about it if you want.

 

Sudden Impact: Fallout!

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A day has passed since Governor Tom Corbett filed suit against the NCAA on behalf of the Commonwealth of Pennsylvania. It is time for Sudden Impact to poke around for some diverse reactions.

“A state government challenging the NCAA’s power to regulate a matter only loosely connected to sports represents a worrisome alignment of litigants, facts and law for the NCAA.”  —Michael McCann

Based on what I’ve read thus far from my layman’s view, the most insightful legal analysis of the potential road ahead comes from Michael McCann, writing for Sports Illustrated. Michael McCann is director of the Sports Law Institute at Vermont Law School and the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law. ???? ????? He is also a visiting professor at the University of New Hampshire School of Law, where beginning in Fall 2013 he will launch and direct a sports and entertainment law institute. McCann fairly assesses the chances for both sides in this interesting and polarizing case without diving into the emotional or political abysses that characterize many of the other overnight reactions to Corbett’s lawsuit. If you want the straight scoop, McCann’s article, entitled “Analyzing key issues in Pennsylvania’s case against NCAA”  is a must read.

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One major facet of the story I wrote yesterday involves the NCAA and its media pals egregiously hiding behind “the victimmmmmmms” because there is no defense for the manner in which the NCAA heavy-handedly mauled Penn State, employing extortion while circumventing its own rules. Well, “Victim Four” has stepped forward and objected to being used as a smokescreen for the power-hungry organization. In a story by Dan Wetzel of Yahoo Sports, #4’s attorney states,  “The NCAA acted as if it were the victim in this tragedy, and failed to even take the pulse of the real victims before imposing its will.” The victim himself was not in favor of the sanctions against Penn State. Read all about it here.

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Naturally, the Pennsylvania political opportunists are out there waiting to pounce on Corbett, so expect the lawsuit to be challenged, laundered, put through the wringer, and hung out to dry. (Does anyone else remember when washing machines had wringers?) Anyhow, Bruce Castor, who might challenge the incumbent for the Republican nomination was cautiously vocal:

“Gov. Corbett originally embraced the NCAA’s sanctions against Penn State. His sudden reversal, and the decision to spend substantial taxpayer money on a federal lawsuit against the NCAA, now raises more questions than it answers. ????? ??? ?????? ”

Read the full story in PennLive.com. Expect a lot more of the same in the coming weeks and months.

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“The big problem is Penn State agreed to it. It’s hard to argue over procedure when you’ve got a negotiated deal.” —Steve Morrissey

The question of whether this case will even be heard by the District Court is a major one. Another PennLive.com article gives the responses of legal experts to questions regarding the case. One of those legal experts was Steve Morrissey, a member of the legal team that won a landmark 2008 anti-trust suit against the NCAA. “The big problem is Penn State agreed to it. It’s hard to argue over procedure when you’ve got a negotiated deal,” he said.

Negotiated? This Turkey feels that “negotiations” conducted under threats are not negotiations. Extortion is the word I used for the midnight machinations of Master Emmert and his Ninjas. However, who am I? I’m just a turkey, not a lawyer. ?????? ??? ???????? Read what the legal eagles are saying.

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Penn State Professor of Psychology Keith Nelson attended yesterday’s presser at the Nittany Lion Inn. He asserts that those of us who feel strongly about spanking the NCAA not just sit back and leave it to Tom Corbett and his legal team. We need to be vocal in our support, inasmuch as we’re up against some very significant hurdles (see above). If you’re hungry for more background on the NCAA’s flawed decisions, you might want to pick up a copy of Prof. Nelson’s book, Free the Nittany Lions! The Amazing Saga of the NCAA & PSU Football.

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No overnight reaction would be complete without the Grey Lady, the Paper of Record chiming in. The New York Times offers more legal opinions about the potential success or failure of Corbett’s case against the NCAA, including more words of wisdom from Steve Morrissey.

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Another major newspaper, the Washington Post, was unabashedly more polarized against Corbett and his legal maneuver, directly attacking his political motivation. “It is hard to image a more disgusting political maneuver, one which the good people of the commonwealth should denounce by punting him out of office,” wrote Post reporter Jennifer Rubin, in an op-ed entitled “Gov. Tom Corbett disgraces himself,” further plucking the harp strings in hopes of  exciting sympathetic vibrations, “The issue here really is not a legal one but a moral one. There is no penalty that can repair the damage to so many lives and correct the endemic corruption of a university that allowed a child predator to operate for so long.” The only thing that resonates with me is that there seems to be a media coalition that could be called “Babes Against Brass Balls” (BABBs). You’ve gotta read this!

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Tom Corbett felt the need to defend himself publicly, which he did via the Marty Griffin Show on Pittsburgh’s CBS radio affiliate, KDKA 1020. Full audio and a brief written story is available at KDKA’s website.

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This has been a mere smattering of the stories I’ve read this morning, so consider yourself smattered. But you know what? Where the hell are my manners. In all the hubbub about Corbett (who will be played by the late Leslie Nielsen in the forthcoming biopic) :), I forgot to wish you all a Very Happy, Healthy, and Prosperous 2013! Let it be so!

Laser Focus: Peetz will call it quits as BoT chairman

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The good news is that Karen Peetz, she of the famous “laser focus” quote, will not be seeking to renew her chairmanship of the Penn State Board of Trustees; the bad news is that she will become President of BNY Mellon, where this turkey stores some of his scratch.

For public consumption, Peetz is broadcasting the notion that her new, “significantly broader” responsibilities with Mellon will preclude her from spending the appropriate amount of time to chair the BoT. I guess her former responsibilities at Andrew’s bank involved discharging the less than onerous responsibilities of a 9-5 teller, right? Yeah, sure.

Peetz has said that she will happily remain on the BoT and she has offered to remain chair of both the Trustee Presidential Search Council and the Blue & White Vision Council. Plenty of opportunities for laser foci on the future in those roles, ain’t? ????? ???? ???????

So, who’s the next fool to take over this motley group? Peetzie is happy to note that Vice Chairman Keith Masser has indicated his intention to throw his hat into the ring. Masser is chairman and CEO of Sterman Masser Inc., a family owned potato farming company in the Pennsylvania Dutch region of the Hegin and Lykens valleys. They package and ship more than 130 million kilograms of potatoes each year — and that ain’t just mashed potatoes.

I guess the folks up on Ag Hill are rooting for Masser.

A lot of you are rooting for someone outside the “inner circle.” Ain’t going to happen. ???? ????????

See the Penn State press release.

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Mega-congratulations to the magnificent Penn State Women’s volleyball team, who made it to the final four in the NCAA tournament, but were sliced and diced by a hot (in every sense of the word), fifth-seeded Oregon team.

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“We can’t stand to the side and watch the values of intercollegiate athletics be blown up in that fashion. We want everyone to pay attention. This is indeed a cautionary tale, that the athletic tail can’t wag the academic dog.”  —Mark Emmert, NCAA Chief Tyrant and Self-Aggrandizer

So, listen, Mark. Apparently, you can’t throw your weight around enough to convince the B1G to bury Penn State as you and your friend Vicky Triponey want to do. Penn State has announced that 100 fall student athletes have received Academic All-Big Ten honors this semester, which eclipses the previous record of 81 (2007) and stands at the top of the Big Ten.

Since we concentrate on football here, we’ll note that the football team was tied for third in the conference with a program record 28 honorees, of whom one — John Urschel — had a perfect 4. ??? ???? 0 GPA.

Perhaps Emmert can use Peetz’ laser to do some surgery on his tightly constricted anal sphincter to let out some of that shit he’s full of.

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Since it lost its pet Pulitzer Prize winning reporter Sara Ganim to CNN last month, the Patriot-News has suffered from a lack of investigative creativity. Just when you thought college football bowl proliferation had peaked, their web arm, Penn-Live.com, ever behind the curve, is proposing the far-fetched idea of a new bowl game: in Hershey, Pennsylvania.

Yea, verily, the wonderful new thirty-sixth bowl game would be sponsored by the chocolate confectioners we all know and love, if Penn-Live.com blogger Rege Ryan’s pipe dream ever materialized.

Of the existing 35 bowl games,  how many are consequential? Three or four, maybe. Do we really need another made-for-TV debacle where the TV cameras assiduously avoid panning across the sparsely populated bleachers? Fuck no!

Ryan can take a ride on the Hershey Highway, but he is barking up the wrong tree. (There are innumerable possibilities for salacious mixing of metaphors, which I’ll avoid.)

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Thanks again to reader Joe for bringing these important stories to the fore, offsetting the eternal laziness of your turkey.

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Finally, as I might not be writing again before Christmas rolls by, I want to wish each of you a very Merry Christmas. I don’t really give a shit if you’re a Muslim, an atheist, or a Jew — Merry Christmas: take it or leave it!