NCAA wrong on Masoli ruling
I had another blog set for this morning but the news changed everything. And that’s good. So here we go:
The NCAA is wrong on the Jeremiah Masoli ruling. Here’s why.
The NCAA has refused to grant former Oregon quarterback Jeremiah Masoli a waiver to be eligible to play at Ole Miss this season. Ole Miss has appealed the ruling but it is unlikely that the appeal will be successful. I reached out to Coach Houston Nutt this morning and I would have to say that he is not optimistic.
Here is what I see: You can make an ethical argument over whether or not Masoli, who was kicked off the Oregon team, should be allowed to play right away at Ole Miss. The fact is he got a second chance from Oregon coach Chip Kelly and he blew it. So if you want to take the position that Ole Miss should not have taken the kid in the first place, I respect that point of view.
But this is not an ethical argument. It is a legal argument. There is a system in place that allows athletes who have graduated with eligibility remaining to transfer and become eligible immediately at another school. You simply have to fulfill the requirements, which Masoli did.
Ole Miss will make the argument that the rules do not require the athlete to be in good standing with a team, but with the university where he last attended. Masoli graduated from Oregon so therefore he was in good standing with the school.
The NCAA rule says something about the transfer being for academic reasons. But the requirement states that the transferring student must enroll in a graduate program not available at his former institution. Masoli did that.
Again, you can make the argument that Ole Miss should not have a taken the kid. I’ve got no problem with that.
But I’m not comfortable with the NCAA being able to arbitrarily say that this kid has a legitimate reason to transfer and that kid does not. They should not have that kind of discretionary power.
There has to be a system and a set of rules. You either follow the rules or you don’t. If you follow the rules then the result should be predictable. If not, then you should get rid of the rule.
Your thoughts?
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503 comments Add your comment
ellen
September 1st, 2010
9:58 am
“They should not have that kind of discretionary power.There has to be a system and a set of rules. You either follow the rules or you don’t. If you follow the rules then the result should be predictable. If not, then you should get rid of the rule.”
Isn’t this the fundamental flaw within the NCAA? The same institution makes the rules, interprets the rules, prosecutes the rules and enforces the rules. What we get is one body who says “well, we meant the rule to say _____, so that’s how we’re going to enforce it, even though that’s not what we said originally.” I mean, the Constitution protects us from the government changing the law on us and applying it retroactively; why can’t the NCAA do the same thing? I agree with you wholeheartedly, not because I support Masoli but because these kinds of arbitrary rulings have to stop.
greg
September 1st, 2010
10:03 am
This is NOT the NFL. There is no free agency. Masoli isn’t going to OM to further his education. He is a hired gun. Maybe he followed the letter of the law, but not the spirit of the law. This was not put in to place to help people in Masoli’s situation at all. I don’t feel sorry for him, or Nutt. HN will take any one on his program. He doesn’t care what they’ve done. Maybe he should try to recruit a bit better and he wouldn’t always be in a situation to have to take a chance on other teams rejects…
Junior Samples
September 1st, 2010
10:07 am
the ncaa is a lot like the gubment; they get too much power and they think they know what’s best for everyone. they’re so incompetent that they always make the wrong decision.
robodawg
September 1st, 2010
10:09 am
This isn’t about whether it’s right for Ole Miss to sign Masoli, it’s about the NCAA overstepping its own rules and unilaterally seizing discretionary power. Whether Ole Miss should have taken him or not is not the NCAA’s place to say. If they want it to be their place to say, then they have to pass a rule that says a transferring player has to be in good standing with the football program he’s leaving. (It can be known as the “Masoli rule.”) Or at least pass a rule granting the NCAA large discretionary power in such cases (if the member institutions can stomach that). But you can’t just make rulings cause you think it should be that way in that case.
WonderDawg
September 1st, 2010
10:13 am
I think cases like this should be decided individually, with all facts being weighed. A player who has been kicked off a team for law-breaking should not be able to transfer and play, right away. If he can keep his nose clean for 12 months let him play.
Blue
September 1st, 2010
10:13 am
The ol I am the victim mentallity .. The problem with this all is that ole miss would take this loser. The NCAA stated very clearly that Masoli violated the intent of the rule. The rule was not put in place to allow players in trouble to transfer. Call lawyer and ask him about “intent of the law”
Double Standard?
September 1st, 2010
10:14 am
Greg Paulus did this last season…played basketball for Duke, had one year of eligibility left. TRIED OUT for numerous teams before Syracuse asked him to come on board…so he transfered over the summer and ended up starting for the Orange….how was the rule “FOR HIM” just a year ago, but now the same situation(personal issues aside) comes up and all of the sudden it is “AGAINST” this guy…Im sorry but i dont understand this.
NoGaGator
September 1st, 2010
10:14 am
Tony, why are you so vague in your statement “The NCAA rule says something about the transfer being for academic reasons.”?
That needs to be better defined or else your argument is specious. Who really thinks that Masoli’s transfer was for academic reasons? I bet they had to look long and hard to find a program that Oregon didn’t offer.
The fact is Masoli still wanted to play football for 1 yr. He looked around for a program to best fit his talents. Nutt, with his wildcat O and lack of incumbent QB, fit Masoli’s needs.
This was no transfer for academic reasons.
PMC
September 1st, 2010
10:15 am
What system is he trying to circumvent? He graduated from school and is going to Graduate School. The rule says he’s eligible if Ole Miss offers a program he wants to take that Oregon does not. They do. He’s eligible.
Except you know for the NCAA…who are always about honesty and fairness…..yeah right.
Blue
September 1st, 2010
10:16 am
example of “intent of the law” sell a undercover police officer bakeing soda tell him it is cocaine and you still go to jail”
CrackDaddy
September 1st, 2010
10:20 am
A different subject, but relevant today giving the upcoming UNC/LSU game. I don’t believe any football coach, professor, or other staff member was fired because of the Navy academic scandal in 1994, which involved FB players as well. Why then should Butch Davis be fired? – 1994 was not a banner year for the United States Naval Academy; that spring, 134 seniors were involved in a cheating scandal that caused such a stir it became national news. Somehow, a student obtained a copy of an electrical engineering exam early and started distributing copies of it for as much as $50 a pop. Students either practiced their answers before the exam or snuck in notes of the relevant formulas. After a lengthy investigation, Navy Secretary John H. Dalton expelled 24 midshipmen, including several members of the football team, and disciplined 62 others for honor code violations.
NoGaGator
September 1st, 2010
10:20 am
Double Standard? -
I believe the situation with Paulus was that it was a different sport. He played football for Syracuse, not the same sport – basketball – as he had at Duke. I don’t think he could have played basketball immediately, if at all (having played for 4 yrs at Duke) at Syracuse.
Brandon
September 1st, 2010
10:21 am
masoli is not allowed to play because the rule states that “an athlete can transfer and immediately play for ACADEMIC purposes.” So since he transferred not for academic purposes but instead to run from consequences of Oregon the NCAA committee saw fit that he should not be allowed to play this season. I completely agree with the NCAA because the kid got in trouble in one school and decided to transfer so he didnt have to follow the punishments of Oregon. He actually deserves more punishment because of getting around his fiasco with Oregon
huntsville
September 1st, 2010
10:21 am
If the NCAA stresses the supposed STUDENT athlete, and as a STUDENT he was in good standing and that is what the rule states then let him play. I agree with Tony completely.
Mark
September 1st, 2010
10:21 am
Masoli is a walk-on, paying his own way to graduate school, the classes in which he is already attending. There is no scholarship involved here.
UGA Fan
September 1st, 2010
10:25 am
Not sure what Masoli’s major was at Oregon, but Ole Miss found a loop hole and took advantage of it. And they should have. I was really looking forware to seeing Masoli in the SEC. Businesses take advantage of loop holes in the law every day, and College Football is big business. If the NCAA wants to rewrite the rules to prevent Free Agency in the future, then do it at the next meeting and move forward, not act retroactively. They are arbitrarily using their power to cover up something they don’t like. This is way to close to the beginning of the season. Surely Ole Mill would have contacted the NCAA prior to enrolling Masoli and had been reasonably assured that he could play this year. Oh well, I guess Masoli will now drop out, look at his NFL options, and try to make himseld relevant for the combines. I would have preferred to see his talents in the SEC.
johnny reb
September 1st, 2010
10:29 am
He walked on the team and would have to pay his own way. Ole Miss did not give him a scholarship.
Paul in RDU
September 1st, 2010
10:30 am
Nice column Tony – I agree with you on this one. It looks to me as if the NCAA was more concerned about public image than anything else – never a good reason for making decisions.
The NCAA also seems to be flexible in its “rules” when it comes to graduating athletes. GT had a couple of OL with eligibility left who were forced to transfer after graduation (they weren’t accepted into the MBA program). They are playing at GA State this year. Greg Paulus transfered to play FB when he realized that he wasn’t going to make the NBA – he was imediately eligible because he had graduated from Duke.
There is no point in Ole Miss and Masoli appealing the ruling – at the NCAA’s typical glacial speed at which it deals with “awkward cases” (see USC for example), it will be August 2011 before they answer.
Coach Nutt
September 1st, 2010
10:31 am
I am ashamed of myself for taking this kid in the first place. He’s broken the law, not once, but twice… and now we’re trying to find a loophole to get him elligible just because our other QB is not that good. If we had a better QB on our roster, I promise you we would not have taken Masoli, but we have to win games. I feel like the NCAA just stole a few wins from us. This whole season is going to go up in smoke.
Paul in RDU
September 1st, 2010
10:33 am
There sure seem to be a number of “mind readers” posting today – they seem to know exactly what Masoli’s intent was.
Do I think this is about academics – No. Can I prove it’s not – No.
johnny reb
September 1st, 2010
10:34 am
Comment above “recruit a bit better”? One: Jevan Snead left early for the draft. Two. Raymond Cotton transferred less than a month ago to be closer to his girlfriend ( he would have started after a few games this year). Does anyone think Alabama or Florida would not do the same thing under the same criteria?
Giggidy
September 1st, 2010
10:35 am
Tony, you are wrong. The rule is NOT concrete, and does in fact provide the NCAA broad discretionary power. In fact, the rule states that a football, basketball, baseball, or ice hockey player may not transfer at all, but the NCAA granted Masoli a waiver on this part of the rule. Purusing a graduate degree that is not offered by your original institution is just one factor the NCAA considers in determining whether to grant a waiver of its rules.
Everyone knows Masoli’s transfer was an academic sham, and when the NCAA tries to protect the academic integrity of its member institutions, there is Tony Barnhart trying to shame them for it.
oxford mafia
September 1st, 2010
10:35 am
dont think many of you read what i already wrote
important ole ms boosters intentionally worked to
derail houston’s plan to add this kid
money men in ms dont take to a problem kid like this
houston nutt may just lost the good graces of the ole ms faithful that pay the bills
Double Standard?
September 1st, 2010
10:35 am
Exactly Paul!!!! These assumptions should not be enough to hold this ruling against him.
Again, Greg Paulus did not transfer for academics, he transfered to play a year of college football…found a program Duke didnt have, and transfered.
Alphare
September 1st, 2010
10:36 am
My question is, why would Houston Nutt take him in the first place? not because Masoli is a jerk, but there are so many high school talents out there, why not grab a good talent in a big pool and coach the talent up?
I’d give Ole Miss a top 10 program in the southeast. Why not find a top 10 QB in the southeast and make him better, isn’t that better than all the troubles Masoli might bring?
I know, Houston Nutt would do anything to win, in the short term. As for the long term development for his players, I don’t think he cares a bit.
Common Sense
September 1st, 2010
10:36 am
As the article said, this is no longer a moral question. So all of you can just drop it. Houston Nutt did what every college football coach worth his weight in NCAA paperwork would do and try to win football games. Anyone who says their coach wouldn’t want Masoli if he were in a similar situation is either lying or an idiot. The kid can play and that’s what Nutt needs him to do.
As for the ruling, this should only be based on previous precedent and the rules that are in place. The NCAA obviously didn’t want this to happen so they took a whole month to find some obscure part of their already pitiful rules to deny Masoli this opportunity. Shame on them.
Speaking of shame, all of you who are calling Masoli a criminal and saying he should be in jail need to check yourselves. Read the facts of the case and you’ll know that he’s never stolen anything. I’m not saying he’s an angel but he’s far from a criminal: he’s a young man with a lack of good sense and that got him in the wrong place at the wrong time.
Hoops McCann
September 1st, 2010
10:38 am
Tony, please look into the relationship with Nick Saban and the NCAA President Mark Emmert. Emmert was at LSU when he hired Saban in Dec. of 1999. They have remained close friends and now Saban/Alabama have a close friend at the top. It is being reported that Saban contacted Emmert a couple of weeks ago and asked him to help deny Masoli entrance into Ole Miss. He also has been working with Emmert to get the Bama player (Dareus) who was at the agent party in Miami eligible for this season. With Emmert in power, is it any wonder why Bama didn’t have one holding call last year in SEC play. Bama is the most corrupt program in America and now they got the head of the NCAA in their pocket.
HugoStiglitz
September 1st, 2010
10:42 am
If he followed the rules in transferring then he should be allowed to play. The NCAA shouldnt just be allowed to bend the rules in whatever way they see fit for each situation. If they are going to do that then dont call them rules, call them high level guidelines. This isnt real surprising coming from the NCAA though.
cantondawg
September 1st, 2010
10:45 am
NCAA rules are outdated and idiotic. They are not for the players and they are only interested in lining their pockets. Take the USC situation. Reggie Bush got the money from the boosters and got zero punishment for it. There will be 10 high school players in the next 3 years that dreamed of being a USC football player but will be denied of it because of what Bush did. Innocent people pay for what people did years before and the guilty get off with nothing. The players on the team now are punished over what happened before they got there. How stupid is this.
Legal Beagle
September 1st, 2010
10:47 am
A key factor in this is was constitues “Good Standing” with his previous college.
While he might have acceptable grades, that doesnt necessarily mean
he was in “Good Stadning” as DEFINED by the previous college.
He might be a “C” student, but with his track record, I dont think the U of Oregon would DEFINE him as a student as “Good Standing.”
Hey, you could ba an “A+” student and a real law-breaker (theft, assault, or worse) and that college sure as Hell isnt going to DEFINE your status as “Good Standing.”
Example: The UVA student that beat his girlfriend to death was a an “Honor Role” student. Dont think UVA would categorize him as in “Good Standing.”
Nutt made a very high-risk gamble on this and lost.
Nutt is to blame for this, not the NCAA.
Its a very poor reflection on ANY journalist that takes the NCAA to task, rather than the COACH and SCHOOL that started this train wreck rolling.
Rick
September 1st, 2010
10:48 am
http://www.ncaa.org/wps/portal/ncaahome?WCM_GLOBAL_CONTEXT=/ncaa/ncaa/media+and+events/press+room/news+release+archive/2009/official+statements/20090416_gradtransferrules_rls.html
The NCAA published news releas back in April of 2009. The committee has to consider whether the transfer is academically motivated. Masoli’s move was not. That is clear. This is a no-brainer because the move was “football” motivated.
jj
September 1st, 2010
10:50 am
sorry tony,
dead wrong here…if the ncaa will punish usc for a player taking benefits a million years ago, but wont punish anything regarding dui’s, poking the eyes of other players(brandon spikes) they have to at some point step into a situation like this and say no way. this has been in alot of “criminal” “felony” trouble. just as case with mr newton down at auburn…yeah lets get busted for stealing school property but we can just transfer to another good school like auburn and play. the system sucks and im glad the ncaa actually told him no. shut up tony
Tony Brainfart
September 1st, 2010
10:53 am
Boy am I gonna look like an A-#1 jack-azz when the NCAA releasese their expanded opinion on the denial later this week.
I’ll be exposed as the journalist fraud I really am.
Uh-oh.
gdawginkalamazoo
September 1st, 2010
10:56 am
Nutt may be thanking the NCAA after the season is over. IF Masoli was granted the waiver then Ole Miss’ program would have been set back 2-3 years for this kids one year of eligibility.
Did the NCAA mention why they denied the waiver? I didn’t see that mention anywhere in the article. Was it because the kid has a pending criminal case? Or his parole officer wouldn’t let him leave the state? Sure the rules are in place for kids who do things the right way. For the kids who bust their arses to go to school and play a sports to better themselves. Paulus had a degree from Duke for Godsake. He was never arrested as far as I know.
Ole Miss should consider themselves lucky, unless they were planning on starting Masoli this weekend. LMAO if they were. Their other QB’s deserve that right.
LawrencevilleReb2010
September 1st, 2010
10:59 am
Mr. Barnhart,
You are correct in your assessment of this situation. First off, Masoli filled all of the requirements for the waiver under the NCAA rules. We’re his intentions purely academic? Of course not, but neither were the intentions of every other player that has used this rule. Come on people, do you really think that Greg Paulus transferred from DUKE University to SYRACUSE for academic reasons? He even stated in his press release that he went to play quarterback for SYRACUSE.
As for all these people crucifying Masoli for his previous indiscretions, do yourself a favor and read the SI research article on the situation and you may feel differently. Yes, Masoli has made mistakes, but he fulfilled his legal obligations with the state of Oregon. Any there are several instances where players have been dismissed from teams and been granted this waiver (see Kellen Heard from Texas A&M). Every transfer by college athletes is for athletic reasons (playing time, disciplinary issues, don’t like the team or coachc). At least Masoli graduated, in three years no less, so how can someone be sure he doesn’t have some academic motivation. Bottom line, the NCAA did not apply their own rules fairly to Masoli and made a subjective, arbitrary ruling. THAT IS WRONG!!!
Hotty Toddy!!
PMC
September 1st, 2010
11:04 am
Um. If he transfers to a school that has a different masters program that is not offered at Oregon that he wants to take then it IS for academic purposes.
ryan
September 1st, 2010
11:06 am
I just don’t get how the AJC gives Masoli pass but if its a UGA player you trash him this typical writers and haters on here that its OK for other schools to have thugs.
msufan
September 1st, 2010
11:11 am
To clarify one component of this conversation. Jeremiah Masoli payed for his tuition and expense to enroll at Ole Miss. He is not on any scholarship from Ole Miss. The jackasses at the NCAA have know for weeks they were going to deny his enrollment, yet they allowed him to pay his tuition, move to MS and incur all of the expense of enrolling and finding a place to live, etc. Now, it’s too late for him to do anything else. The NCAA jacked Jerrel Powe around for three years before allowing him to play ball. Now he is two semesters away from graduating and will be a multimillionaire come next years NFL draft. Could it be the NCAA is paying Ole Miss back for proving them wrong on Jerrel. The NCAA plays favorites every day. If Masoli was at Florida or Alabama or USC or Notre Dame, do you think he would have been denied? Watch and see if the player from Alabama is ruled ineligible after his interaction with an agent.
The NCAA wrote the rule and Masoli followed it to a T. If they don’t like the rule, change it. Another prime example of an organization out of control.
thepar
September 1st, 2010
11:12 am
I think its great that the NCAA slamed the door in Mastolies face,i hope it hurt!!Maybe now we will not hear about this drunken thug!!
Rob
September 1st, 2010
11:14 am
I agree 100% with you. The rules are the rules. That is the way our country is set up. Not for someone, the NCAA, to have god like powers. Either go by the rules they set up or get rid of the rules.
stupid mutts
September 1st, 2010
11:14 am
Ryan:
Masolli and Ealy are both lawbreakers.
Masolli is in Oregon. Doesnt get much attention in Ga.
Ealy is a home-grown idiot. Lots of Ga media attention.
stupid is as stupid does
DP
September 1st, 2010
11:15 am
Hoops McCann, you idiot, if Saban has the NCAA in his pocket maybe you could explain why the NCAA reversed itself and ruled incoming Alabama freshman Alfy Hill ineligible at the last minute?
Masoli’s move to Ole Miss was a sham from an academic standpoint. The admission deadline for the Ole Miss grad school he supposedly is now interested in was April 1 for everybody else. Masoli could have been eligible for all but a bowl game if he never attended a class at Ole Miss. He shouldn’t be rewarded for being thrown out at Oregon.
stupid mutts
September 1st, 2010
11:17 am
msufan
gee, and thought masoli told everyone he was going to OleMs to
“futher his education.”
If Masoli now drops out of school,
then it’ll confirm that the whole thing was a fraud. Which it is.
oxford mafia
September 1st, 2010
11:19 am
Powe was a 3rd year college studnet and could hardly read.
that why
Dr. Phil
September 1st, 2010
11:21 am
Masoli should be allowed to play next year, provided he makes academic progress in the graduate program and stays out of trouble. Academics must drive the train–not football. I doubt that he will attend grad school if he can’t play football.
Randy
September 1st, 2010
11:22 am
Rules are rules and morality is morality. One is personal and one is legal. Everyday people find legal ways to do things they want. There is an entire profession dedicated to this and many of them go to Ole Miss. They are called lawyers. There are loop holes in every set of rules and laws. I am from Oxford and ironically now live in Oregon. I am aware of both sides of this. The principle here is are there rules that are broken or not. You can not change rules situationally because you think it is fair or you become the rule breaker. If there was a crack left the rule, oh well. You can fix it for the next time. If Masoli continues to live as he has, he will run out of cracks soon enough and hit solid concrete. Let the system work do not become a vigilante in an attempt to execute some type super hero like sense of right and wrong.
victory drive
September 1st, 2010
11:25 am
txdog & anyone else: Masoli walked on and had no scholly. I think everyone makes mistakes, especially young men; so none of use should have more chances in this life.
It is true, Bill F: the past is not dead, it is not even past.
ArkyTech
September 1st, 2010
11:26 am
No, legally the NCAA is not wrong. Otherwise, a waiver not be needed. This ruling makes perfect sense. The rule is not in place to allow players to transfer to a better playing situation. The rule is to allow players to pursue their academic goals without having to give up football.
schmeckdawg
September 1st, 2010
11:30 am
Tony, ever heard of the golden rule? Well, as bad as the NCAA SUCKS, they have the gold, so they make the rules. Heck from what you are saying, it sounds as if they make things up as they go. This is not their first scew up and it damn sure won’t be their last. FYI, I have no affilitaion with Ole Miss, I just hate the NCAAholes!
jj
September 1st, 2010
11:31 am
i dont like tony barn at all but i cant help reading his crap while im bored at work i wonder if he would like to have candlelight dinners with saban and meyer