Posey's lawyer says NCAA ignored docs

October, 9, 2011
10/09/11
6:30
PM ET
The lawyer for Ohio State wide receiver DeVier Posey says the NCAA ignored documentation that shows Posey performed the work for which he was paid by a former booster.

Attorney Larry James provided documentation to the Associated Press and other media outlets that he believes shows Posey didn't violate NCAA rules for receiving pay for work he didn't perform. The NCAA on Friday suspended Posey five games after concluding the Buckeyes senior was overpaid by 48.5 hours and $727.50.

Some notes from the AP story:
  • James produced detailed records of work hours for each of the players involved, at one point correlating Posey's phone records with his work record, saying they showed that Posey was indeed on the job site and not collecting money without even appearing for work as alleged by the NCAA.
  • Posey told the NCAA he worked alongside union laborers. James said that was why there was such a disparity in his pay compared to the other players. The NCAA concluded that Posey worked only 21.5 hours at a rate of $15 an hour, and therefore was paid for 48.5 hours of work that was not performed.

James told Ohio State's student newspaper, The Lantern, that the NCAA didn't consider the records and documents he sent, only the evidence provided by the university. You can see some of the documents James provided here and here.
In an Oct. 5 letter from Crabbe, Browne & James to the NCAA reinstatement staff, James said the athletes "did not know the precise method by which their wages were being calculated" and that Posey "had no reason to believe that his wages may have been miscalculated or that he may have been overpaid." ...

"These statements are patently false," NCAA spokeswoman Stacey Osburn told The Lantern in an email. "To ensure a fair process for the involved student-athlete, each reinstatement decision is determined based on its own merits. The staff carefully reviews all information that the university puts forward during the reinstatement process. Posey's withholding condition is based on his own actions and responsibility for the violation."

There's not much James can do at this point, as the NCAA already has ruled on Posey and the other Ohio State players who worked for the former booster. But it does shed some light into the investigative process.


James produced detailed records of work hours for each of the players involved, at one point correlating Posey's phone records with his work record, saying they showed that Posey was indeed on the job site and not collecting money without even appearing for work as alleged by the NCAA.
  • Posey told the NCAA he worked alongside union laborers. James said that was why there was such a disparity in his pay compared to the other players. The NCAA concluded that Posey worked only 21.5 hours at a rate of $15 an hour, and therefore was paid for 48.5 hours of work that was not performed
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