Give 'em Six
Born to Run
- Joined
- Jan 31, 2010
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There is no basis for a lawsuit and no court will intervene on a NCAA infraction finding or penalty. They will not review a membership body/institution organization enforcement action although they may initially hear arguments on whether the court has jurisdiction. This would just be a delaying tactic with no obvious value to USC and will easily be overcome by the NCAA. Also, the AA Bylaws state that decisions by the Infractions Appeals Committe "shall not be subject to further review by the Leadership Council or any other authority."
The relevant sections are included below.
It's kind of like the lawsuit that Jeremy Mayfield filed against NASCAR for his suspension for drug use. You can file the lawsuit but it's not going anywhere. The only way a court would intervene would be if there was a violation of civil rights or constitutional issue. USC can decide whether or not it wants to be a member of the NCAA and that's about their sole remedy other than an appeal before the Infractions Appeal Committee. There may be a small legal loophole under 32.10.4.1 regarding the penalty phase but it is very difficult to overcome a discretionary ruling by the COI.
I am not a lawyer by the way but assure you that this is correct.
32.10.4.1 Penalties. A penalty determined by the Committee on Infractions shall not be set aside on appeal except on a showing by the appealing party that the penalty is excessive such that it constitutes an abuse of discretion. (Adopted: 1/13/08) Note: this is the potential loophole because it is not directly tied to 32.11.5 cited below
32.11.4 Decision Final. Any decision in an infractions case by the Infractions Appeals Committee shall be considered final. (Revised: 1/16/93, 1/10/95, 4/24/03)
32.11.5 Further Review. Determinations of fact and violations arrived at in the foregoing manner by the Committee on Infractions or by the Infractions Appeals Committee, on appeal, shall be final, binding and conclusive and shall not be subject to further review by the Leadership Council or any other authority. (Revised: 1/16/93,1/10/95, 4/24/03, 11/1/07 effective 8/1/08)
The relevant sections are included below.
It's kind of like the lawsuit that Jeremy Mayfield filed against NASCAR for his suspension for drug use. You can file the lawsuit but it's not going anywhere. The only way a court would intervene would be if there was a violation of civil rights or constitutional issue. USC can decide whether or not it wants to be a member of the NCAA and that's about their sole remedy other than an appeal before the Infractions Appeal Committee. There may be a small legal loophole under 32.10.4.1 regarding the penalty phase but it is very difficult to overcome a discretionary ruling by the COI.
I am not a lawyer by the way but assure you that this is correct.
32.10.4.1 Penalties. A penalty determined by the Committee on Infractions shall not be set aside on appeal except on a showing by the appealing party that the penalty is excessive such that it constitutes an abuse of discretion. (Adopted: 1/13/08) Note: this is the potential loophole because it is not directly tied to 32.11.5 cited below
32.11.4 Decision Final. Any decision in an infractions case by the Infractions Appeals Committee shall be considered final. (Revised: 1/16/93, 1/10/95, 4/24/03)
32.11.5 Further Review. Determinations of fact and violations arrived at in the foregoing manner by the Committee on Infractions or by the Infractions Appeals Committee, on appeal, shall be final, binding and conclusive and shall not be subject to further review by the Leadership Council or any other authority. (Revised: 1/16/93,1/10/95, 4/24/03, 11/1/07 effective 8/1/08)
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