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发帖数: 537 | 1 but admit possible "factual errors, inadequate investigation and overt
hostility" against former USC coach Mcnair
http://www.cbssports.com/collegefootball/writer/dennis-dodd/244
The NCAA argues in defense of an ongoing defamation suit that possible "
factual errors, inadequate investigation and overt hostility" by the
association should not help the case of former USC assistant coach Todd
McNair.
McNair as well as the Los Angeles Times and New York Times are seeking to
unseal the entire investigative file of the landmark USC/Reggie Bush case.
McNair is suing the NCAA for defamation of character. He has been joined by
the two media outlets in their support of unsealing the files.
The NCAA has objected to unsealing the file on confidentiality grounds.
In an appellant's reply brief reply brief dated Feb. 10, the NCAA cites
exhaustive examples of why its investigative methods and penalties against
McNair should not be considered malice. In the process the association doesn
't even spare itself.
"Even if the Infractions Committee reached an incorrect result, that still
would not show malice," the association argues at one point in the 47-page
filing. It then says in the Bush case, the NCAA did not "deliberately or
recklessly [publish] a false report."
In the brief the NCAA is arguing against actual malice toward McNair and
that the former coach is a public figure. The NCAA cites three past cases
that says support its claim that fact errors, a botched investigation and
hostility "even when proven -- do not support a finding of actual malice."
"There is no clear and convincing evidence establishing that the Infractions
Committee deliberately lied," regarding the McNair case the brief goes on
to state.
In arguing that McNair is a public figure, the NCAA references what it calls
"an undisclosed conviction for animal cruelty" regarding the coach. It
should be noted that the NCAA relied on the testimony of convicted felon
Lloyd Lake to seal the case against USC and McNair.
At issue for the moment is whether three persons involved in the case
administratively may have improperly influenced findings against McNair, USC
's former running backs coach was charged with unethical conduct in the Bush
case in June 2010 for what the NCAA said was lying to investigators.
McNair was given a one-year show-cause order as penalty. That scarlet letter
essentially kept an NCAA school from hiring him during that time. McNair
has not worked as a coach since the 2009 season.
After failing to win NCAA appeal of the case, McNair filed a lawsuit against
the association in 2011 claiming defamation of character and other legal
claims.
A judge in that case revealed 15 months ago that one NCAA administrative
staffer called McNair "a lying morally bankrupt criminal, in my view, and a
hypocrite of the highest order."
Emails between that administrator, Shep Cooper, and two non-voting members
of the infractions committee were distributed "covertly" according to the
judge's document. Another NCAA infractions committee member in the judge's
file claimed an NCAA interview with McNair was "botched."
In November 2012, that judge, Frederick Shaller of the Los Angeles Superior
Court concluded "the NCAA [had] reckless disregard for the truth." He also
called the McNair's treatment by the NCAA "malicious." On the basis of those
revelations, Shaller said he would unseal the investigative file. The NCAA
then appealed. The appellant's rebuttal brief in question is a reply to the
plaintiffs' response of the NCAA appeal.
The NCAA argues in the brief that "emails of two members of the Infractions
Committee and its liaison" should not be considered proof of malice.
The NCAA further argues that the opinions of those two committee members
cannot be "imputed" to the eight other members. Instead of accepting his
penalty, the NCAA said McNair chose to accuse the infractions committee -- "
10 independent law professors, lawyers, and institutional representatives of
conspiring to make a scapegoat of him."
In finding McNair and USC guilty of rules violations almost four years ago,
the NCAA used a phone call between the coach and Lake, a would-be marketer.
The NCAA concluded that Lake's description of the call was credible and
rejected McNair's version. An NCAA investigator got the year of the call
wrong (2005, instead of 2006) while interviewing McNair.
The NCAA admitted it had telephone records showing that Lake initiated the
call, contrary to his testimony to the association. Lake told the NCAA
McNair had called him in early hours of Jan. 8, 2006. That conclusion
according to Shaller's decision "could reasonably cast doubt on the
occurrence of the ... conversation." The NCAA "should have known" parts of
the infractions report regarding that call were "demonstrably untrue."
Largely on the basis of that call and Lake's testimony, McNair was found
guilty of unethical conduct. Shaller's decision says McNair's attorneys had
proven the NCAA infractions report on USC "contained material false
statements regarding" the phone call.
Back speaking on the USC campus Wednesday, former coach Pete Carroll
described what he called "venom" the NCAA had for his program. "They made a
terrible error," he said. The next step is oral arguments on whether the
lawsuit should go forward and whether the investigative file will be
unsealed. No date has been set. | e******u
发帖数: 537 | 2 the truth is about to come out: how NCAA manipulated the process and charged
USC with ungrounded and factorial error-based claims
by
【在 e******u 的大作中提到】
: but admit possible "factual errors, inadequate investigation and overt
: hostility" against former USC coach Mcnair
: http://www.cbssports.com/collegefootball/writer/dennis-dodd/244
: The NCAA argues in defense of an ongoing defamation suit that possible "
: factual errors, inadequate investigation and overt hostility" by the
: association should not help the case of former USC assistant coach Todd
: McNair.
: McNair as well as the Los Angeles Times and New York Times are seeking to
: unseal the entire investigative file of the landmark USC/Reggie Bush case.
: McNair is suing the NCAA for defamation of character. He has been joined by
| f****n
发帖数: 3036 | 3 ncaa无耻无下限，我特校友们应该sue ncaa，偶一定捐款。
charged
【在 e******u 的大作中提到】
: the truth is about to come out: how NCAA manipulated the process and charged
: USC with ungrounded and factorial error-based claims
:
: by
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