NCF Nation: Max Nikias

USC makes its last appeal Saturday

January, 21, 2011
1/21/11
8:00
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USC will meet with the NCAA Infractions Appeals Committee on Saturday, and if the Appeals Committee is fair and reasonable it will significantly reduce sanctions imposed on the football program when a ruling is made public in four to six weeks.

[+] EnlargePat Haden and J.K. McKay
AP Photo/Alex GallardoUSC's athletic director Pat Haden, right, and associate AD J.K. McKay will meet with the NCAA Infractions Appeals Committee on Saturday.
Of course, seeing that the NCAA Committee on Infractions was unfair and unreasonable when it clobbered USC in June, Trojans fans would be well-advised to not hold their breath.

It doesn't appear new athletic director Pat Haden is. While he turned down an opportunity to talk to the Pac-10 blog this week -- I know; why would anybody do that? -- he's repeatedly told people he's not optimistic because he's realistic.

Why? Because, in 2008, the NCAA changed its bylaws to make it incredibly difficult to win an appeal. From the NCAA website:
An appeal is not a new hearing or a second chance to argue the case. The Infractions Appeals Committee does not consider evidence that was not presented to the Committee on Infractions. The Infractions Appeals Committee will reverse or modify a ruling of the Committee on Infractions only if one of the following standards is proven:

  • The ruling by the Committee on Infractions was clearly contrary to the evidence.
  • The individual or school did not actually break NCAA rules.
  • There was a procedural error that caused the Committee on Infractions to find a violation of NCAA rules.
  • The penalty was excessive and is an abuse of discretion.

Contrary to evidence? While there's scant evidence that supports the notion that former USC running backs coach Todd McNair knew what Reggie Bush, his parents and a couple of would-be agents were up to, that scant evidence, nonetheless, became the club with which the NCAA bludgeoned USC, imposing a two-year bowl ban and a loss of 30 scholarships over three years, penalties that were worse than even the most egregious pay-for-play cases in recent years. It would be a massive repudiation of the Infractions Committee to reverse course on said evidence, and it appears USC isn't even going to venture in that direction.

NCAA rules? They were absolutely broken. Bush and his parents took all kinds of extra benefits that were not allowed by NCAA rules.

Procedural errors? That appears to have happened multiple times, but mostly with the treatment of McNair, whose case the NCAA separated from USC's. Don't expect USC to venture in that direction, either.

Penalty was excessive and is an abuse of discretion? Bingo.

"Our primary contention is given what we were found to have done, these are the harshest penalties ever handed out," USC's associate athletic director J.K. McKay told the LA Daily News.

That is the case that Haden, McKay, new USC President Max Nikias, David Roberts -- the school's vice president for athletic compliance -- and a university lawyer are expected to make in a brief presentation.

The reason Haden is not optimistic is that only one appeal out of the past 11 has been successful since the Appeals Committee bylaws were changed. The odds are not good, at least based on recent cases.

Haden also has told reporters he doesn't believe recent controversies involving preseason agent cases centered on North Carolina and other schools, the Auburn and QB Cam Newton imbroglio and the oddly ruled Ohio State case will have any affect on USC's appeal. He said it was like comparing "apples and oranges."

With all due respect to Haden, I'm not sure that's correct, particularly with the Trojans going with the "harshest penalties ever handed out" defense. Members of the Appeals Committee will be well-aware of the current climate as USC pleads its case. There's a lot of sordidness out there that makes using USC as a benchmark for serious violations dubious and problematic.

The Trojans are going to ask that the scholarship penalties be reduced from 30 to 15 -- so five per season over three years -- and the bowl ban be reduced to one year, which means the Trojans would be eligible for a bowl game in 2011.

Again, not likely. But not impossible. And there could be a middle ground, where the Appeals Committee splits the difference.

What it will take for USC to get its sanctions reduced is simple: A fair and reasonable assessment.

USC returns Bush's tainted Heisman

July, 20, 2010
7/20/10
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In June, the NCAA ruled running back Reggie Bush retroactively ineligible when he won the Heisman Trophy in 2005 because he was breaking rules by receiving extra benefits from would-be sports agents, so USC is giving back the tainted trophy as part of its plan to disassociate the university from Bush, now with the New Orleans Saints.

That plan of action was made public shortly after USC president-elect Max Nikias announced that Pat Haden would replace Mike Garrett as athletic director, one of a number of other moves intended to improve athletic department oversight.

Nikias also said USC would take down murals featuring Bush and former basketball player O.J. Mayo, who also broke rules when he received extra benefits, at the Galen Center, Heritage Hall and the Los Angeles Memorial Coliseum.

In other words, USC is cleaning house. And showing a bit of contrition.

Many might say this: About time.

Garrett out, Haden in at USC

July, 20, 2010
7/20/10
3:02
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Mike Garrett's eventful 17-year tenure as USC's athletic director is over. He will be replaced by Pat Haden, a former USC quarterback, the Los Angeles Times reported Tuesday.

Garrett, 66, was a former Heisman Trophy winner for the Trojans. The highlight of his tenure was his hiring of Pete Carroll in 2001 -- at first a controversial decision -- and the subsequent success of the football program, which included consecutive national championships in 2003 and 2004. The lowlight was the severe sanctions the NCAA pounded the football program with in June.

Haden, 57, led the Trojans to three Rose Bowls as a player before an NFL career. He also was a two-time academic All-American and Rhodes Scholar. He has been a member of the USC board of trustees for 19 years. The Times reported that Haden will give up his job as a Notre Dame football analyst for NBC.

It's been clear for some time that Garrett's tenure was at an end, particularly with new school president, Max Nikias, taking over for a retiring Steven Sample on Aug. 3.

Haden obviously knows football and college athletics and is very bright. This seems like a good move toward getting the USC athletic program back on track.

Of course, for coach Lane Kiffin, it means the AD who hired him is no longer around. Haden won't have any professional stake in how Kiffin is evaluated going forward.

That's not necessarily a big deal at present, but it could be in the future if the program struggles and/or there are any off-field problems.

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