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Sender:
The College Hockey Discussion List <[log in to unmask]>
Subject:
From:
D B Doucette <[log in to unmask]>
Date:
Mon, 21 Oct 1996 23:10:20 -0400
Comments:
Reply-To:
D B Doucette <[log in to unmask]>
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RE:  Laurie Sefton's post regarding Minnesota
>
>Unfortunately, I believe that the way the NCAA is going to express is:
>
>"Prove that you didn't have this agreement beforehand. If you can't provide
>proof, then we are going to assume otherwise, and punish you accordingly"
>
>As far as I can tell, the NCAA doesn't want to operate on the assumption of
>innocence until proven otherwise (not that they have to, but one might
>think that they would try to reflect some of the better qualities of the
>judicial system in the US) and if they've decided to start pounding on
>Minnesota, well, there isn't much short of a class action suit by the
>universities who feel that they have been wronged by the "stewardship" of
>the NCAA to stop this ugly business.
>
>Laurie
>
>[log in to unmask]
 
Well, Laurie, welcome to HOCKEY-L where you learn the NCAA stands for Not
Consistently Applied Advice:
 
Two other things to consider based upon your conclusions --
 
The NC$$ is under the law a "voluntary" organization, and by virute of that
distinction, not subject to rules of evidence, the concept that precedence
from earlier rulings will serve as a guide to future cases, or other
standard judiciary rules apply as in any court (either civil or criminal)
when infractions are dealt with.
 
A class action suit is also, given the "voluntary" nature of the beast, not
possible, since the participants, by agreeing to this organization, agree
to the governing body's rules, or must leave.
 
A solution would be another sanctioning or organizing body for college
athletics.  Just think of this one, for instance:  when and why did the
NC$$ hoop tournament take over as the glamour tilt from the NIT, which at
one time was the more prestigious title ?  Has the CFA begun to put a wedge
between football and all other sports ?
 
Finally, if you think of consistency, remember my earlier posts (9/17)
about Michgian State football being let off easier than did Maine for
essentially the same "institutional" violations -- Ah, isn't Michgian State
a CFA participant ?
 
        ****** If you can read this, thank your monitor *******
 
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