Tuesday, June 25, 2013
Oregon learns its fate Wednesday morning
By Ted Miller
And on the 27th month, the NCAA shall speak on Oregon, Chip Kelly and L'Affaire de Willie Lyles.
And those pronouncement will produce... what?
Will the sanctions prove harsher than expected, thereby poleaxing the Ducks off their newfound perch among the nation's elite? Or will the sanctions prove manageable, perhaps causing discomfort but not ending the Ducks' quasi-dynastic run in the Pac-12?
We shall see. Folks in Eugene have been consistently optimistic, and it would rate a surprise if Oregon is hammered. Still, you never know with the NCAA.
The NCAA’s Division I Committee on Infractions (COI) will announce its findings in a teleconference with reporters at 11 a.m. ET. The man who shall describe the Ducks' sanction fate will be Gregory Sankey, associate commissioner of the SEC.
SEC? Uh oh. (Of course, we kid!)
The committee's full report will be released to the media 30 minutes before the teleconference.
Oregon's troubles began in March 2011 when Yahoo! reported the Ducks made payments to dubious Texas-based scouting service operator Willie Lyles, who had close ties to several Ducks recruits, most notably running backs LaMichael James and Lache Seastrunk. Things got murkier when it was discovered that Oregon apparently received very little of value for its $25,000.
Yet the NCAA rules on the use of scouting services at the time were vague enough that Oregon could claim it was operating in a gray area. This became one of the complicating elements as the school attempted to negotiate a summary judgment with the NCAA. That and the fact Lyles had significant relationships with several other schools, schools that had not been hit hard by NCAA sanctions.
Oregon agreed to seven major rules violations, and in October offered to self-impose several penalties, including the loss of three scholarships over three years, recruiting limitations and two years of probation.
The COI, however, rejected the attempt to reach a summary judgment, which forced Oregon officials, including former coach Chip Kelly, to appear before the committee in late April in Dallas.
"We have been informed by the NCAA that the Committee on Infractions report on the University of Oregon will be released tomorrow," the Oregon athletic department wrote in a statement. "Until we have received and reviewed the report we will not comment."
Oregon will have 15 days in which to file an appeal if it is unhappy with the ruling.
As for the severity of the penalties, it's difficult to guess, but Rob Moseley of the Eugene Register-Guard makes a good point here:
In a statement that accompanied the October 2012 summary disposition proposal, the Ducks acknowledged that “errors were made and that we will improve” but also that “our coaches did nothing to intentionally gain unfair advantages.”
The NCAA’s enforcement staff -- essentially the prosecutor, while the Committee on Infractions was judge and jury -- agreed during the summary disposition attempt that “the violations were not intentional in nature.” But it also argued that the Ducks nevertheless had “an obligation to ensure that the activities being engaged in comply with NCAA legislation.”
"Intention" matters, and finding a lack thereof is good for Oregon.
It's also notable that the NCAA enforcement staff didn't yoke Oregon with the dreaded "lack of institutional control" charge, instead going with the less worrisome "failure to monitor."
On the other hand, Oregon may fall under repeat violator status due to a 2004 case that was ruled a major violation after assistant coach Gary Campbell, who is still on staff, had improper conduct in the recruitment of running back J.J. Arrington.
Oregon folks would contend the NCAA taking more than two years to resolve this matter is a penalty in itself, with the glacial pace of an investigation allowing a dark cloud of the unknown to shadow the school for an extended period of time.
That dark cloud of the unknown, however, will be removed Wednesday. Whether it gives way to a tornado of sanctions or sunny skies -- or something in between -- remains to be seen.