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Subject:
From:
Mike Machnik <[log in to unmask]>
Reply To:
Mike Machnik <[log in to unmask]>
Date:
Wed, 9 Mar 1994 15:06:44 -0500
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>Mike, I'm afraid I really have to disagree with you here...  Maine did
>what was necessary to keep it self in the playoffs,
 
That much is true...I don't argue with that.
 
>and stop an illegal
>action.
 
I haven't seen any proof that what HE did was illegal.  I have only
seen arguments from Maine that are dubious, at best.
 
>Maine would have no beef, if their was a precedent or a rule
>that stated:  Should a team be found in violation of numerous NCAA minor
>rules infractions, and they have not demostrated that they have cleaned
>house, HE may then choose to bar them from teh playoffs.
 
There does not have to be such an explicit rule.  Let's apply this
logic to another situation:
 
BU vs Maine, Doug Friedman swings his stick at Cal Ingraham and
fractures his skull, killing him.  But it would be illegal for HE to
suspend Friedman, because there is no rule that states explicitly:
 
"If a player swings his stick at another player's head, fractures his
skull and kills him, HE may then suspend that player for X games (or
life)."
 
It is going to be impossible for the HE by-laws to cover every possible
situation.  That is why there is a league commissioner who rules on
things like this - or here, a league board of directors who rule.  HE
reserves the right to make decisions on things not specifically
covered in the league by-laws but which nonetheless affect the
integrity of the league and its members.
 
>Then perhaps
>we would not be in this situation.  The NCAA itself had decided
>that the infraction were not enough to warrant a barring from post
>season play.  Thus since no rules were currently in effect, HE had
>absolutely NO right to stop Maine from playing in the Playoffs.
 
No, this is most certainly wrong.  The NC$$ has no jurisdiction over HE
and its tourney at all - zip - as long as HE at least follows the minimum
NC$$ regulations.  What HE would have had no right to do would have been
to ignore the NC$$ ruling and allow Tory to play earlier, for example.
 
>I would
>have no problem if such a rule were instituted, but to start enforcing
>such a rule, in the middle of the season is inappropriate.
 
I agree that it would be better if all possible situations were
covered in the league by-laws.  But we both know this will never
happen.  New situations will always arise, situations which must be
handled.  The league has to have the power to deal with those
situations, else, why is Maine even in the league?  Why does the
league even exist?
 
I know you are biased because of being from Maine, but please, try to
look at the evidence objectively.  HE has been given the power by its
members to make decisions on matters that affect the integrity of the
league (among other things).  Now one of the members decides it
doesn't like the decision, so it goes to court.   The problem here
is that the court agreed with Maine.  It seems more than a little
fishy that the judge who handed down the decision is from Maine - and,
I was told, elected and thus accountable to the voters there and not in
any of the other states which have HE teams?  Hmm...an unbiased person
would think something's rotten in Bangor, but I'll make no comment...
 
- mike (most exciting birthday I've had in a long time)

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