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re: NCAA Proposes Cecil Newton Law to Close Loophole That AU Slipped Through

Posted on 7/27/11 at 2:21 pm to
Posted by DeoreDX
Member since Oct 2010
4063 posts
Posted on 7/27/11 at 2:21 pm to
quote:

I don't follow that distinction at all - if the athlete is ineligible for seeking illicit benefits, and neither the parents nor the athlete can receive illicit benefits - why is it ok for the parent to seek illicit benefits?


That's where you have to break into the legal speak and the way the NCAA worded their bylaws. NCAA rules states that player or agent must agree to receive benefits. They don't have to actually receive them but have to agree to it. Legally an agreement is between two or more persons, and since MSU said "No Way" then there was not the agreement in the legal sense. IIRC I do remember the way the SEC bylaws are written that the Slive could have suspended Newton. But without actual money shown to change hands right now there is nothing right now that the newtons have done that is against the NCAA rules as they were written in '10.
Posted by molsusports
Member since Jul 2004
36178 posts
Posted on 7/27/11 at 2:58 pm to
quote:


That's where you have to break into the legal speak and the way the NCAA worded their bylaws. NCAA rules states that player or agent must agree to receive benefits. They don't have to actually receive them but have to agree to it. Legally an agreement is between two or more persons, and since MSU said "No Way" then there was not the agreement in the legal sense.



I thought I understood your argument but then you added in another sentence - now what we are left with would be a pretty irrational policy - because in order to be punished for seeking illicit benefits you have to find someone willing to provide them?

that doesn't make sense to me - seems to me the spirit of the NCAA rules has been to rule players ineligible for seeking or receiving illicit benefits... and it seems to me the NCAA is perfectly capable of twisting rulings in whatever way they wish depending on the circumstance

The result of that this time was a pretty major PR disaster - with most people outside auburn thinking the NCAA twisted and turned the situation to avoid disqualifying a probable BCS bowl participant
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