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

Bill

September 1st, 2010
3:15 pm

@ DawgMike. But it’s perfectly ok for coaches to skip out on the kids he recruited and coach right away? But on that note i think the NCAA made the right choice. Even if their timing was awful.

Tide Rising

September 1st, 2010
3:15 pm

G8R GRAD,

I like the NCAA’s new nickname Notoriously Capricious And Arbitrary. It is a title very befitting such a corrupt organization.

King31

September 1st, 2010
3:17 pm

The rule you are using is only the requirements to request a waiver.

The NCAA can rule if the transfer was or was not mainly for football and not grant the waiver. A blind man can see this request for a waiver was for football only.

Football is king in the south but trying to use a requirement to get out of one doghouse without paying your dues is wrong.

Both you and Nutt should be ashamed of yourselves for dinging the NCAA. Clearly you both value football over ethics in our Universities.

gdawginkalamazoo

September 1st, 2010
3:19 pm

You know who should be thankful for this decision? The citizens of Oxford, Mississippi. They can thank the NCAA for making their streets safe to walk at night. Being able to leave their laptops at home. Being able to drive down the road and not have to wonder if some stoned punk isn’t going to hit them head on.

larry

September 1st, 2010
3:21 pm

The NCAA has for a long time now done just what they wanted, some dependent on what standing the University or the Coach has in their eyes. The organization has gone way beyond it original purpose for existence. Its seems they have a set of formal policies that can be inturpited any way they want them to mean. It take a complete staff at every university just to understand what the rules are and additional personal to see that the rules are complied with. Some university should challenge the NCAA outside the normal process since its always in the NCAA’s favor. which in the legal world a miscarriage of justice.

Bama Bob

September 1st, 2010
3:23 pm

Logistics? This isn’t about logistics but rather appearances. It is understandable on the surface that Paulus’ return to a place where he has a connection, in this case a big one, to enroll in a prestigious academic program could be considered within the spirit of the NCAA bylaw.

Masoli’s and Nutt’s intentions on the other hand are transparent and embarrassing to the NCAA. Masoli had no connection to Ole Miss or anything Mississippi, Nutt has admitted he had to find him a degree program and he didn’t leave Oregon and go to Ole Miss because of academics.

Why do some of you keep talking about law and lawyers? This isn’t a criminal case in a court. The NCAA can rule on waiver requests however they see fit. Has nothing to do with being a lwayer.

MoMo

September 1st, 2010
3:25 pm

The rule you are using is only the requirements to request a waiver.

The NCAA can rule if the transfer was or was not mainly for football and not grant the waiver. A blind man can see this request for a waiver was for football only.

Football is king in the south but trying to use a requirement to get out of one doghouse without paying your dues is wrong.

Both you and Nutt should be ashamed of yourselves for dinging the NCAA. Clearly you both value football over ethics in our Universities.

(A) So how do you arbitrarily apply the rule and see it was for football only? Could the blind man see when Ryan Nelson (a starter on Utah’s 12-0 Fioesta Bowl Champ team) graduated and transferred to Florida where Urban Meyer HAPPENED to get a job the very next year?

Could the BLIND man see that? No difference here. It’s called inconsistency.

Oregon DAWG

September 1st, 2010
3:28 pm

As much as I would like to see Jeremiah face further consequences, this is not the right decison from the National Communists Against Athletes (ala Bosworth). The NCAA is fundementally just a collection of rules. It would be a terrible precedent to enforce the “spirit” of the rule and decline to enforce the “letter” of the rule. Programs all over would have a new defense, “we thought we were following the spirit of the rule if not the letter of the rule.” Its a Pandora’s Box.

DP

September 1st, 2010
3:28 pm

Tide Rising, I am not a big fan of the NCAA but I agree with them on this Masoli ruling. Even a blind squirrel finds an acorn once in a while.

Mrs. Oxford Rebel

September 1st, 2010
3:31 pm

NCAA is dead wrong! Not only has he followed all of the guidelines, but Coach Nutt has saved this kid’s life! Masoli needed the Ole Miss community waaaay more than we needed him! He has made a complete 360 degree turn around, and for the NCAA to toy with a young man’s future without a legitimate basis is complete injustice! Futhermore, he is not on scholarship! Know your facts before you question my school’s treatment of players or its intent!
Last but not least, HOW MANY OF YOU ALABAMA FANS ACTUALLY STEPPED FOOT IN A CLASSROOM AT ALABAMA??? Saben will reap what he sows!
Hotty Toddy!

MoMo

September 1st, 2010
3:31 pm

Logistics? This isn’t about logistics but rather appearances. It is understandable on the surface that Paulus’ return to a place where he has a connection, in this case a big one, to enroll in a prestigious academic program could be considered within the spirit of the NCAA bylaw.

Masoli’s and Nutt’s intentions on the other hand are transparent and embarrassing to the NCAA. Masoli had no connection to Ole Miss or anything Mississippi, Nutt has admitted he had to find him a degree program and he didn’t leave Oregon and go to Ole Miss because of academics.

Why do some of you keep talking about law and lawyers? This isn’t a criminal case in a court. The NCAA can rule on waiver requests however they see fit. Has nothing to do with being a lwayer.

(A) YOU are talking “logistics” not me. Who cares where Masoli and Paulus are from. It makes ZERO difference. Did Paulus NOT make pitches to schools such as Michigan and Miami? They puhblicly back off when he sayd he WANTS to start? Really? Start? And you haven’t played in 5 years?

His only option left was Syracuse. Who cares about the “prestige” of the degree he earned. Means nil here. The fact is that Paulus on the surface used the same option Masoli did. Ryan Nelson graduated from Utah and followed Urabn to Gainesville the very next season and played significantly.

Difference? No. The NCAA shows inconsistency because the LETTER of the rule is clear. You cannot go back and forth between the LETTER and intent…it was clear the player had an advantage here. Heck, how many guys people publicly label a “criminal” graduate in 3 years? Probably none.

That is whey the NCAA is stressing “intent”, they could not have imaginged such a thing I am sure.

5150 P.O.A.D

September 1st, 2010
3:34 pm

Tony we know you love the SEC over everything. That being said I think you are wrong. Masoli is on PROBATION and can’t leave the state without premission. Do you think the agerage joe would get a chance to leave the state all the time without seeing their probation officer before they leave? We know the coach will say WE will make sure Masoli will be good, but hell what parent wouldn’t say the same. The SEC has proven time and again that they let LIL legal problems slide. I don’t think the Ole Miss fans want to pay the state to have a probation officer to travel with the away games and that is the only way to make sure Masoli is being a good boy.

Colin

September 1st, 2010
3:35 pm

I applaude this logical reasonable argument. My personal opinion on the subject is that ‘Ole Miss shouldn’t have greeted Masoli with such open arms. If he was Oregon’s third-string QB and not a former Heisman hopeful would Houston Nutt even had known his name when Masoli asked to transfer. However, my personal feelings aside, it doesn’t matter what High Horse the NCAA imagines it is atop, Masoli met their requirements to play this season at ‘Ole Miss. However, as always, the NCAA is too sanctimonious for anyone’s good especially the “student-athlete’s.”

King31

September 1st, 2010
3:36 pm

“(A) So how do you arbitrarily apply the rule and see it was for football only? Could the blind man see when Ryan Nelson (a starter on Utah’s 12-0 Fioesta Bowl Champ team) graduated and transferred to Florida where Urban Meyer HAPPENED to get a job the very next year?

Could the BLIND man see that? No difference here. It’s called inconsistency.


Answer.

I don’t know the details of that transfer. I guess Meyer did not go around poor mouthing about needing (whatever position Mr. Nelson played) because he had two no account players quit on him. Surely Mr. Meyer did not publicly state he had no interest in Mr. Nelson coming and then change his mind when a player at Mr. Nelson position decided to tranfer.

Tide Rising

September 1st, 2010
3:42 pm

Bama Bob,

You may not have noticed but several posters have brought up examples of different players who have been kicked off their teams and used this rule to transfer and play.

As for Masoli’s “intentions” well of course its his intention to play ball. So what? Its the same intention as Paulus and the several other players that people have mentioned. As for him not having any previous “connections” at Ole Miss what does that have to do with anything?

The point that myself and people like MoMo are trying to make is that the NCAA’s judgment in this case is not at all consistent with the precedent of numerous other players who used the same rule several of whom had legal and discipline troubles at their previous schools. They are simply singling out Masoli in an arbitrary and capricious manner and ignoring their own rules. That is the problem I have with the NCAA on this one.

MS. Bully

September 1st, 2010
3:46 pm

Houston “No” Nutts gambled on a crook and was DENIED!! Watch No Nutts crying on ESPN because he doesn’t have any QB’s who are worth anything. The crime rate in Mississippi just dropped.

No
Crooks
Are
Allowed

ClinchPanther

September 1st, 2010
3:47 pm

What is it you don’t see Tony? You said yourself that the rule says “something about the transfer being for academic reasons”. So there you go. He did not transfer for academic reasons, he transfered because he was no longer welcome on his former team. NCAA is right.

Oregon DAWG

September 1st, 2010
3:49 pm

I think it is simple: If Jeremiah has met the specified requirments for the waiver, it should be granted. If not, he should not receive the waiver. If the NCAA does not like the way the waiver is being manipulated, WRITE A BETTER RULE! This is the NCAA’s problem to start with for writing a rule that did not incorporate the “spirit” of the rule into the rule itself. It is hard to believe that the NCAA is so incompetent as to not forsee such a circumstance as this. Is this the first graduate student that has been kicked off of a team and wanted to play somewhere else?

Rob

September 1st, 2010
3:49 pm

Barnhart’s take is precisely correct. There are two elements to this case – one moral, one legal. There is NO connection between those elements. Even if you despise this kid, he should play if he follow the NCAA rules. All indications are that he did that. Let him on the field.

Mrs. Oxford Rebel

September 1st, 2010
3:52 pm

MS. Bully,
I would hope to think that you are not a parent… and if so, I hope that your children are perfect and if not that they are never given a second chance at anything! Coach Nutt is a Class A, Christian man who takes pride in being a good role model for these players! Try gaining a little class instead of bashing a college kid whose made some dumb choices!
Hotty Toddy

Scott

September 1st, 2010
3:57 pm

Tony’s right. Anyone who knows Masoli’s history (outside of what they see on espn) will tell you that this kid is being screwed royally by the NCAA. Ole Miss wanted him and did everything legally to do so.

I guarantee ALABAMA’s “Nick Saban” bitched to his buddy(President of the NCAA) who’s the old Chancellor at LSU when Saban coached there…..anyone care to do a little research? I did.

Tide Rising

September 1st, 2010
4:02 pm

Scott,

If you can provide your proof that Saban pulled strings with the president of the NCAA to get Masoli denied then please provide your proof and I’ll send you a check for $1,000. Otherwise just STFU. Money talks and boolsheet walks.

Mrs. Oxford Rebel

September 1st, 2010
4:03 pm

Amen SCOTT!!! I am 100 percent positive that if this were Alabama and not Ole Miss in this situation then there would be no discussion!!! PERIOD!!!

George

September 1st, 2010
4:06 pm

An unspeakable human tragedy.

Finnmann

September 1st, 2010
4:07 pm

You can’t change laws retroactively. That’s a pretty important part of our legal system. Masoli and the University of Oregon incurred significant costs in conforming to the regulation.

We all find the situation unsavory, but the NCAA has to play by the rules that it makes.

MoMo

September 1st, 2010
4:07 pm

What is it you don’t see Tony? You said yourself that the rule says “something about the transfer being for academic reasons”. So there you go. He did not transfer for academic reasons, he transfered because he was no longer welcome on his former team. NCAA is right.

(A) How do you know he didn’t transfer for academic reason? Explain this please. The first leg of the spirit of this rule is WHAT? Furthering graduation rates. That’s it. Masoli fulfilled the core aspect of the spirit of this rule. GRADUATING.

Please Explain how it is a fact that Masoli did not transfer for academic reasons. Nothing he say she say or what we have read…but let us know what constitutes “non academic” reasons within the scope of what you state as being obvious.

dognation

September 1st, 2010
4:09 pm

Serves the rebels right.. could not have happened to a better group of guys!!!

G8R GRAD

September 1st, 2010
4:09 pm

Tide Rising/MSREB said it best:
[Irrespective] of your feelings about Masoli being a thug, your “feelings” are irrelevant [empahsis added].

Anything else just looks punative, arrogant and condescending.

Mac

September 1st, 2010
4:09 pm

The most disturbing thing about these comments (and this whole situation) is how self-righteous people are. Jeremiah Masoli is a HUMAN BEING. He screwed up…twice no less! And I know that is just too much to handle for some of us perfect people, but to know as little as many of you do about him and the whole case, to pass such judgements on him (ie he is a worthless person, a thug (as if even a thug is a worthless person) and should not be taken on any team) is just ignorant. Do I understand what the NCAA is trying to do? yes. Do I disagree with what they are trying to do, No. And I think they should fix this rule in the future. But I don’t think they should do it in this case. Change the rule after this, but you can’t just make up the rules as you go. Its wrong, and to say that it is not, just shows that you can not let your judgemental self-rightouesness go long enough to have an objective opinion. Tony is right.

G8R GRAD

September 1st, 2010
4:10 pm

OLEMISSMRS

September 1st, 2010
4:13 pm

@TXfood- he wasn’t on scholarship- he was a walk on, plain and simple….Ole Miss Athletics and the School itself did nothing to assist him with the move, tuition or the cost associated.
Masoli was being given the chance to get away from his influences, play for Coach Nutt and finish his college career on a better note than he ended with Oregon. If the NCAA wants to change the rule to make it clearer, fine. But to do so retroactively is legally reprehensible! Ole Miss didn’t sell their soul, deal with the devil or any such thing. We want to win games, sure we do…..what school doesn’t? Ole Miss went about it the right way and Masoli was informed that he had to be above board and toe the line that Coach Nutt established for him or else he would blow his final shot at proving to the nation he COULD be what was originally expected of him. I am certainly disappointed for several reasons but mainly because the kid has paid his debt to society, graduated from Oregon, is making an attempt to right some wrongs and once again the NCAA doesn’t think it looks right and doesn’t fit the “spirit of the rule” so they are going to arbitrarily change it and make it apply retroactively. How does that send a message or right some terrible wrong?
(my husband would be so proud of this…ha ha ha)….I love Ole Miss, I love football and I love the SEC but I would be JUST AS ENRAGED if it were a school in another conference….wrong is wrong no matter how you try to dress it up!

MoMo

September 1st, 2010
4:14 pm

Masoli met and meets every one of those requirements. He graduated from Oregon, was accepted into Ole Miss’ graduate school and began pursuing a Master of Arts in parks and recreation management, a graduate program not offered at Oregon.

The NCAA, in denying the request Tuesday, said, in part, that Masoli “was unable to participate at the University of Oregon based on his dismissal from the team, which is contrary to the intent of the waiver. The waiver exists to provide relief to student-athletes who transfer for academic reasons to pursue graduate studies, not to avoid disciplinary measures at the previous university.”

The intent of the waiver? Seriously? So now institutions are asked to not only know the rules numbered in the massive NCAA manual but they are also required to know the unwritten, unspoken intent of said rules?

Secondly, the NCAA ruled that there was a discrepancy between when Oregon dismissed Masoli and when Masoli began to consider transferring. For the record, Masoli pled guilty in March to misdemeanor burglary and was suspended for the 2010 season by Oregon coach Chip Kelly. In June, after Masoli was cited for possession of less than one ounce of marijuana, the second-team All-Pac 10 quarterback was dismissed from the Ducks’ program (but not from Oregon University, which bears noting). Masoli completed his degree requirements at Oregon in June, applied to Ole Miss on July 24 and was accepted.

“Regarding the time discrepancies with the recollection of the institution and Jeremiah, the staff attempted to determine when Jeremiah started thinking of a transfer,” Ole Miss athletics director Pete Boone said. “I think this is a difficult task for anyone, even David Blaine, to try to accomplish.”

wesleywhatwhat

September 1st, 2010
4:16 pm

the kid is a thug and shouldn’t be playing anywhere.

but of course he WOULD find a home in the sec.

looks like he’ll be sitting out a year.

question answered. next issue.

Mrs. Oxford Rebel

September 1st, 2010
4:17 pm

Very well said OLEMISSMRS! Agree 100%

bowman

September 1st, 2010
4:21 pm

The NCAA is a hypocritical bureaucracy. Paulus can graduate from Duke and then transfer to play football at Syracuse. Polynice can graduate from Ole Miss and then transfer to play basketball at Seton Hall. Masoli can graduate from Oregon but CANNOT play football at Ole Miss? Whether the rule is right or wrong, the NCAA must apply it consistently.

bowman
– -
“Art will always be Art.” – Goethe

Tide Rising

September 1st, 2010
4:22 pm

G8R GRAD,

MSREB probably had the best post of the day. MoMo has a lot of logical points on the matter also.

But to the post of the day goes to George at 4;06. “An unspeakable human tragedy.”

LMAFAO over that one.

Tide Rising

September 1st, 2010
4:26 pm

G8R GRAD,

BTW, where has Atlanta Gator been lately? Be nice to see where the venerable ole gator would weigh in on this one.

MightyQuinn

September 1st, 2010
4:29 pm

DP, Marvin twitters about being broke, but he’s got a Visa w/ enough credit to buy a $375 ticket to Miami. And he decided to stay “broke” for another year and passed up millions to play his Sr. yr. Why would he take agent change w/ he’ll be a millionaire in a few months?
And the tutor is a tutor…not a nannie to BD’s 17 yr. old son. The son needed a tutor. Butch hired one used by the school. Where’s the foul? Her tutoring of several footballers was within her school sanctioned responsibility. She didn’t write papers. She got mentioned as a good tutor on Greg Little’s laptop emails sent to other teammates. The ncaa seized it. Where’s the foul in writing teammates emails about having a good tutor? This whole agentgate and tutorgate is crapgate.

Boise Dawg

September 1st, 2010
4:30 pm

Tony,

I’ll admit that I am not an expert here… but another article I read this morning said that Masoli had to apply for a waiver for the rule that requires transfers to sit out a year. The NCAA is under no obligation to grant that waiver, even though they can when an academic issue arises involving graduate school programs. This is pretty clear to everyone that this is not an academic issue, but an issue with someone trying to circumvent their penalty of getting booted from their former team.

I definitely think the NCAA got this right… they avoided a dangerous precident being set here and I hope Houston Nutt and Ole Miss didn’t steer Masoli wrong in convincing him this would be a slam dunk process. I wish the kid luck, but he had his second chance and can still get a third…. he just has to sit out a year just like any other transfer. Heck that was the deal he had a Oregon until he got in trouble again.

UGA is Just Fine...

September 1st, 2010
4:34 pm

Cruiser

September 1st, 2010
1:59 pm
Hey Tide Rising/Delbert/UGA is Just Fine…(same guy using fake names?)

Why do you blog to yourself every day, using fake names, faking a conversation daily? 3 pages on Masoli? Give it a rest fella.

Guess some people find it hard to believe that 3 individuals could possibly hold the same opinion!

NCAA COPS COMING TO GET YOU

September 1st, 2010
4:35 pm

MightyQuinn,

The tutor was in fact writing papers for the players. That is what is being reported. This is a violation. Plain and simple.

As for agent gate there are news reports that a couple of NC players included a defensive back had openly solicited agents for money. One agent in particular is on record as saying that the db and one other UNC player had solicited money from him in and also stated that they had told him it was cool because they had also asked for and received money in the recruiting process.

This is going to get ugly for UNC. Real ugly

gdawginkalamazoo

September 1st, 2010
4:36 pm

I’ll take NCAA criminal conspiracies for $400.

Clue:
If Jeremiah Masoli hadn’t been suspended this year from the Oregon Ducks team, then subsequentially dismissed from the team, where do you people think he would be getting his Phd from?

What is the University of Oregon? Alex

G8R GRAD

September 1st, 2010
4:37 pm

Probably workin’ his Gator Tail off.
Went solo not long ago.

Chad

September 1st, 2010
4:38 pm

As written I think the rule should allows Masoli to play this season even if it isn’t intended to allow athletes to escape discipline at a previous school. That’s the NCAA’s fault for not covering this type of issue when they made the rule, but they’re not the court system so they can basically do what they want. If they were rational thinkers they would go ahead and let Masoli play and then fix the rule so this doesn’t happen again, but per usual they’ll continue to do things arbitrarily and continue to set bad precedents.

Van

September 1st, 2010
4:39 pm

NCAA was right. Sorry Tony. If a player tries to avoid consequences by a waiver, NCAA will see right through that.

Chad

September 1st, 2010
4:39 pm

Enter your comments here

G8R GRAD

September 1st, 2010
4:39 pm

And twice in as many days, but “LMAFAO?”

YA

September 1st, 2010
4:40 pm

Masoli got so many chances, even after stealing the computer. At some point, after the drugs, and stealing the computer, you have to say enough.

Matt

September 1st, 2010
4:40 pm

Van,

Good point, so true. Well said, you’re a genius.

Mrs. Oxford Rebel

September 1st, 2010
4:40 pm

gdawginkalamazoo,
Not if he wanted a PHD in Park’s and Recreation… Your argument is of no merit. He GRADUATED and was free to persue a PHD from anywhere!