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What is the NCAA statute of limitations?
Posted on 1/29/16 at 7:16 pm
Posted on 1/29/16 at 7:16 pm
Honest question because I don't know, and it seems pretty relevant here.
I do keep reading about how it wasn't the current staff, but I think any of us that have been through one of these before know that doesn't matter at all.
I do keep reading about how it wasn't the current staff, but I think any of us that have been through one of these before know that doesn't matter at all.
Posted on 1/29/16 at 7:18 pm to Cheeky Fellow
19.5.11 Statute of Limitations. Allegations included in a notice of allegations shall be limited to possible violations occurring not earlier than four years before the date the notice of inquiry is provided to the institution or the date the institution notifies (or, if earlier, should have notified) the enforcement staff of its inquiries into the matter. However, the following shall not be subject to the four-year limitation: (Adopted: 10/30/12 effective 8/1/13)
(a) Allegations involving violations affecting the eligibility of a current student-athlete;
(b) Allegations in a case in which information is developed to indicate a pattern of willful violations on the part of the institution or individual involved, which began before but continued into the four-year period; and
(c) Allegations that indicate a blatant disregard for the Association’s fundamental recruiting, extra benefit, academic or ethical-conduct bylaws or that involve an effort to conceal the occurrence of the violation. In such cases, the enforcement staff shall have a one-year period after the date information concerning the matter becomes available to the NCAA to investigate and submit to the institution a notice of allegations concerning the matter.
(a) Allegations involving violations affecting the eligibility of a current student-athlete;
(b) Allegations in a case in which information is developed to indicate a pattern of willful violations on the part of the institution or individual involved, which began before but continued into the four-year period; and
(c) Allegations that indicate a blatant disregard for the Association’s fundamental recruiting, extra benefit, academic or ethical-conduct bylaws or that involve an effort to conceal the occurrence of the violation. In such cases, the enforcement staff shall have a one-year period after the date information concerning the matter becomes available to the NCAA to investigate and submit to the institution a notice of allegations concerning the matter.
Posted on 1/29/16 at 7:18 pm to Cheeky Fellow
Edit: what the guy above said, LOL.
This post was edited on 1/29/16 at 7:21 pm
Posted on 1/29/16 at 7:28 pm to Cheeky Fellow
Says there it's 4 years unless " information is developed to indicate a pattern of willful violations on the part of the institution or individual involved, which began before but continued into the four-year period."
Correct me if I'm wrong but if an NOA has been received in the past 2 weeks, Hugh Freeze was hired more than 4 years prior to that. Interesting.
Correct me if I'm wrong but if an NOA has been received in the past 2 weeks, Hugh Freeze was hired more than 4 years prior to that. Interesting.
Posted on 1/29/16 at 7:30 pm to Cheeky Fellow
quote:
I do keep reading about how it wasn't the current staff,
It could matter that the current staff would not be under pressure to resign or get fired. Also could ease sanctions if offenders are gone and issues have been addressed.
Posted on 1/30/16 at 9:01 am to Cheeky Fellow
Ole Miss administration has been in front of this for awhile, self-imposing penalties in hopes to soften any potential blow to the football program. Because the infractions came before the current regime, I don't expect many serious penalties to be handed down.
Posted on 1/30/16 at 9:07 am to Cheeky Fellow
The statue of limitations shouldn't be more than a few years I would hope
Posted on 1/30/16 at 11:26 am to Cheeky Fellow
Yes, there is "statute of limitations". However it means very little. We were nailed in 2002 for a recruit being in the same hotel room with a booster in 1995. First, there was nothing to prove money had changed hands and when the booster, who showed up unannounced he was asked to leave. We of course, said this wasn't a major violation, the NCAA said they believed it was. Then we said the statute was way past and the NCAA said if the pattern shows continuance then the statute doesn't apply so it's basically wrote to "appear" fair and just. Means nothing.
Bottom line, as we were told when we fought some unsubstantiated charges in 01-02 we were told we were a voluntary member of the NCAA and we abided by their rules and they could do what they wanted with no repercussions due to no governing body over them. Look at what they did to Miami with some fabricated evidence.
Here's the deal, if they want you, they get you. They own the ball, the playing field, the stadium and they are allowed to make rules as they go along and the only way to fight it is to leave the NCAA. If they don't want you you'll be alright with a slap on the wrist. If they want to nail you they will and won't answer to anyone. You just need to keep your fingers crossed because the worst thing that can happen has happened. THey are on your campus. When they get on your campus they find more and yes they can add more than the original charges if they want to. This is not governed by ANY legal entity. The NCAA is their own government. All you can hope for is they don't want to nail you. It made Bama a doormat from 2000 (investigation started) to 2007 (when we finally got back to full strength).
Ole Miss would be a doormat for probably 10 or 15 years if you get 30 schollies yanked. As strong SC is, they are still hurting and they got it in 2010. Ole Miss might not ever come back to be honest.
Bottom line, as we were told when we fought some unsubstantiated charges in 01-02 we were told we were a voluntary member of the NCAA and we abided by their rules and they could do what they wanted with no repercussions due to no governing body over them. Look at what they did to Miami with some fabricated evidence.
Here's the deal, if they want you, they get you. They own the ball, the playing field, the stadium and they are allowed to make rules as they go along and the only way to fight it is to leave the NCAA. If they don't want you you'll be alright with a slap on the wrist. If they want to nail you they will and won't answer to anyone. You just need to keep your fingers crossed because the worst thing that can happen has happened. THey are on your campus. When they get on your campus they find more and yes they can add more than the original charges if they want to. This is not governed by ANY legal entity. The NCAA is their own government. All you can hope for is they don't want to nail you. It made Bama a doormat from 2000 (investigation started) to 2007 (when we finally got back to full strength).
Ole Miss would be a doormat for probably 10 or 15 years if you get 30 schollies yanked. As strong SC is, they are still hurting and they got it in 2010. Ole Miss might not ever come back to be honest.
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