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August 22, 2003

Compliance, Hubris and Splitting Hairs

Filed under: Uncategorized — Chas @ 8:28 pm

Living in Ohio in just the last couple months has led to much in the way of thoughts on NCAA compliance. So, it partially amused me to note that the Pitt Athletic site has a section on “Compliance.” Most of it appears to still be under construction, i.e., no content.

Of course, when talking of compliance and NCAA violations, there is no one that knows it better than the man that leaves a trail of slime wherever he goes, a man who causes other attorneys (like myself) to say about him, “sure he went to law school, but he’s not really a lawyer. He’s not one of us.” I’m speaking of course of Rick Neuheisel.

Neuheisel is now suing his last employer, the University of Washington, and the NCAA over his termination for cause. This comes, just as Washington released a series of tapes, pursuant to public disclosure laws via requests from The Seattle Times and the Seattle Post-Intelligencer.

The tapes tend to show Neuheisel lying to direct questions.

Former Washington football coach Rick Neuheisel told NCAA investigators he never gambled, then later acknowledged his involvement in neighborhood NCAA basketball pools.

Audio tapes released Thursday showed Neuheisel lied when initially questioned by the NCAA about gambling. The organization considers gambling a major rules violation.

The tapes support handwritten notes, released last month, from the meeting. Neuheisel was fired July 28 as Washington’s coach for participating in the pools and for not being forthcoming with NCAA investigators.

“I never placed a bet on anything,” Neuheisel said early in the tapes, recorded June 4 when NCAA investigators first met with him.

A short time later, he was asked whether he had any concerns about going to the event in 2002 and 2003. Teams of neighbors pooled money and bid on NCAA Tournament teams in an auction-style setting.

“I won’t go again, if that’s the question,” Neuheisel said, laughing. “No, I didn’t have any concerns at all. I know we can’t gamble. I know I can’t place a bet or anything like that, but I wasn’t. I was just there watching.”

He kept changing his story the deeper it got. His lawyer is arguing in the lawsuit, much the way Neuheisel did when he was publicly fighting to keep his job (actually, he was just trying to get a buyout rather than dismissal for cause). That he never really violated any rules, and if he did it was based on mistaken advice given by the University of Washington’s compliance officer.

It’s consistent with Neuheisel’s violations of recruiting and ethics at Colorado and Washington. Skate up to the razor’s edge of the line, and maybe fall over it just a little, but not so much that it can’t be argued that there was a gray area — thus precluding major penalties, only continual paper cut, minor ones.

I’ve always thought that was in part because of Neuheisel taking the wrong lessons from law school (the majority of it is because Neuheisel is a slimy, corrupt, and doesn’t think the rules apply to him kind of guy) — the line can be blurry and as long as you don’t go over a clear line, you can wriggle free.

Quick, before they fix the error, look at this website. It belongs to WTAJ-TV, Channel 10, a television station in Altoona, Pennsylvania (Altoona is the nearest TV market to State College, by the way). This is how the top story reads as of 4:15 PM, August 22, 2003.

PENN STATE IS NUMBER 5 – BUT NOT IN FOOTBALL

The University of Pennsylvania is in a four-way tie for fifth place in the U-S News and World Report annual ranking of “America’s Best Colleges” released today. Princeton tops the list for the fourth consecutive year — this time sharing the top spot with Harvard, which was second last year. Yale is third and the Massachusetts Institute of Technology fourth. Penn State shares the fifth spot with the Cal Tech, Duke and Stanford.

Apparently, some overzealous Nittany Lions at the station failed to recognize the difference between the Ivy League’s University of Pennsylvania in Philadelphia and the Big Ten’s Penn State in State College. Easy, Lion fan. You ain’t in Stanford’s league academically, at least not yet. Heck, you may not even be in Pitt’s league.

Hail to Penn… heck the Quakers may have a better football team than the Nittany Lions too.

UPDATE: WTAJ-TV has now fixed this error. But not before I print-screened it.

In Ivan Maisel and Gene Wojciechowski’s column on ESPN.com this morning (click on the “For Argument’s Sake” link on this page), there is a brief discussion on the future of the Big East Football Conference after Miami and Virginia Tech leave.

Will the Big East be football irrelevant in three years?

Let’s see: Rutgers will be looking for another head coach — again — if Greg Schiano doesn’t start proving he knows an X from an O. The Scarlet Knights are 3-20 during his tenure, 0-14 in league play, and gave up 34 or more points in nine of 12 games last season (including a 37-19 loss to D-IAA Villanova). UConn (which joins the schedule in 2004) is finding it a challenge to find buyers for its big-money seats at new Rentschler Field. Pittsburgh, West Virginia and Boston College are tracking upward, but Syracuse has won six or fewer games in three of the last four seasons. Temple is about to become Big East history.

League commissioner Mike Tranghese, who didn’t exactly have his finest hour during the ACC raid of his conference (a little too much finger-pointing and verbal hysterics for our tastes), says the Big East will survive. Tranghese is a smart guy, so you know he’ll do what he can. League athletic directors have had recent meetings and teleconferences to discuss the conference’s future makeup.

For now the Big East is good to go in the BCS for three more seasons (that’s when the BCS pact expires). Then the BCS powers have to decide if the Big East is worth the trouble.

Right now, the vote appears to be a tentative and polite yes. But that could change, depending on what direction Tranghese and the school presidents point the conference.

In other words, Commissioner Tranghese, stop pointing fingers, rebuild the Big East Football Conference with the best teams you can realistically get, and you’ll probably stay in the BCS. Chas and I would both argue that splitting the league’s non-football-playing members off might be a good fiscal move.

But either way, Pitt will most likely continue to have direct access to a BCS bowl after 2005. I’ve been arguing this for a while now. The BCS needs the Big East to maintain its majority over the Division I-A schools, and to maintain a presence in the most populated corner of the United States.

So once again, Mr. Rudel, forget about Pitt begging Joe Paterno for forgiveness and admittance into the Big Ten. We’re probably going to be better off where we are.

Hail to Tranghese Getting Off His Butt And Doing The Right Thing

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