Why the NCAA got it right in the Cameron Newton case
There are a lot of people in Athens, Ga., Tuscaloosa, Ala., and Los Angeles, Calif. who are going to get mad at this statement. But here it goes:
Based on what its investigators have determined, the NCAA got it right with Wednesday’s ruling on Cameron Newton.
Early Wednesday afternoon the NCAA announced that Auburn’s quarterback was eligible to play immediately. That statement became necessary because on Monday the NCAA determined that a violation of amateurism rules occured when Newton’s father had conversations with a former Mississippi State player about a possible pay-for-play scheme. The NCAA informed Auburn of this and the school, as it must, declared Newton ineligible on Tuesday (How they kept that secret is amazing). Auburn petitioned the NCAA to reinstate Newton as soon as possible. The NCAA committee that determines these types of things granted that reinstatement on Wednesday.
That was the process.
The NCAA enforcement staff has been investigating this case since last summer. Here are their findings as of Monday:
**–Newton’s father and the owner of a scouting service (various media reports have identified this man as former Mississippi State player Kenny Rogers) had conversations about a possible play-for-pay deal for the son’s services.
**–Cameron Newton had no knowledge his father’s actions.
**–Neither Auburn University nor anyone representing its athletics interests had any involvement in or was aware of the activity between Cecil Newton and Kenny Rogers.
That’s it.
Now if you’re a Georgia fan and you saw A.J. Green lose four games for selling a jersey, you think there is a double standard. Same at Alabama, where Marcell Dareus sat two games for accepting travel expenses to attend that infamous agent’s party in South Florida. At USC they are wondering why they got hammered. From the Trojans’ perspective Reggie Bush’s parents had their hands out just like Cecil Newton. All Cecil Newton got was limited access to the Auburn football program in the future. Big deal.
They are thinking that a high-profile player (Newton) and a high-profile league (SEC) got a pass from the NCAA just three days before a high-profile team (Auburn) played in a high-profile game (SEC championship) that was worth a lot of money to everyone concerned. This also had to get tidied up because the Heisman Trophy is going to be presented a week from Saturday (Dec. 11) and how uncomfortable would it be for the winner not to talk to the media?
I get all that. In the internet age nothing just happens anymore. Nobody just looks at a set of facts and makes a decision. It is always part of a vast conspiracy to keep the rich and powerful in their positions of wealth and power and to keep somebody else down. There are always larger forces at work.
There is a big difference between the three cases above and the Newton case. In those cases there was a finding of FACT that money and extra benefits actually changed hands. Green admitted he received $1,000 for the jersey (whether or not that should be a violation is a different argument). Dareus admitted that somebody paid his way to South Florida. It took a four years but the the NCAA proved, to its satisfaction, that almost $300,000 in benefits went to Bush or his parents.
In the Newton case, the father solicted money either directly or indirectly in his conversations with Rogers and, at this point, there is no evidence that money or extra benefits ever changed hands.
Now a lot of you are simply not going to believe that the kid did not know what the father was up to. A lot of you refuse to believe that Cecil Newton and his contact only solicted money from one school (Mississippi State) which said no. A lot of you believe this ruling just opens the door for parents to sell their sons to the highest bidder–as long as they keep their talented sons in the dark. I can’t tell you how many people told me on Wednesday that this was a “slippery slope.”
Maybe it is. But remember that a slippery slope can slide both ways. If the NCAA punished School A because a father solicted money from School B (and no money changed hands and school A didn’t even know the solicitation took place), now you have another slippery slope where the possibilities are endless. If I’m a recruiter at school B and lost a recruit to school A, when the head coach starts chewing on my butt I can just put it out there that the parent solicited money from me and get school A in trouble and take the heat off me.
The fact is that on Wednesday the NCAA issued a very narrow ruling in an area where there is a gap in its legislation. We know that the mere solicitation is a violation of amateurism rules, which is why Auburn had to suspend Newton on Tuesday. An NCAA representative told me the knowledge, or the lack thereof, of the athlete is a “mitigating factor” in whether or not the athlete is eventually reinstated.
But can you punish a school that is not involved in that solicitation simply because the athlete chose that school? Do you at least have to have evidence that the school did something wrong? Eventually, the NCAA will have to get some clarity on this issue.
Now could the facts on the ground change? Could there be evidence uncovered in the future that contradicts the current findings of the NCAA enforcement staff? Of course.
But the NCAA can only make its ruling based on what it knows today. Because of the unique nature of this case, the NCAA owed it to everybody involved to get some kind of resolution if it was possible. Thus, Newton is eligible to play on Saturday against South Carolina.
One more thing. A number of you sent me this rule from the SEC’s bylaws:
14.01.3.3. Financial Aid. If at any time before or after matriculation in a member institution a student-athlete or
any member of his/her family receives or agrees to receive, directly or indirectly, any aid or assistance beyond or in
addition to that permitted by the Bylaws of this Conference (except such aid or assistance as such student-athlete
may receive from those persons on whom the student is naturally or legally dependent for support), such student-athlete
shall be ineligible for competition in any intercollegiate sport within the Conference for the remainder of
his/her college career.
I checked with the SEC and the rule above does not apply in the Newton case. That’s because the key passage is: “AGREES to receive, directly or indirectly.” In this case there is evidence that Cecil Newton, directly or indirectly, SOLICITED extra benefits. There is no evidence, at this point, that there was an agreement (such as a handshake agreement) by one party to pay and another party to receive an extra benefit.
If it is ever proven that Cecil Newton agreed to receive money instead of just talking about it, then we have a whole new ball game. But until that day comes, the NCAA has to apply the rules as written. Stuff like this is why the NCAA bylaws look like a copy of the Manhattan phone book. Those rules are going to have to grow in order to account for this case. And until it does, the kid gets to play.
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872 comments Add your comment
Bill
December 2nd, 2010
10:11 am
hahaha!!!!, it’s publicly acknowledged by AU. Do your own homework. I’m not your rented mule.
JB
December 2nd, 2010
10:11 am
This RB that AU got last year out of Arkansas was a die hard Razorback fan is whole life, And Bobby P. has that program on the upswing ( 10 wins this year) and All of a sudden this kid commits to AU…………………..Ok, sounds OK ?
Bill
December 2nd, 2010
10:12 am
Come on nilla, I had something started. Help a brotha out will you??!?!
Tony B was once credible
December 2nd, 2010
10:13 am
You can bet that Auburn will keep their noses clean while this investigation remains active. That leads me to wonder if they have yet another top 5 recruiting class lined up for 2011. Most teams in this situation (SEC Champs / possible BCS Champs) would be looking at the biggest recruiting bonanza in school history.
Does anyone know if they have that #1 recruiting class lined up for next year? I think I’ll go and Google that right now.
hahaha!!!!!!!!!!!!!
December 2nd, 2010
10:13 am
Thanks for playing Bill, next!!!!!!
Another Lesson
December 2nd, 2010
10:13 am
So JB, any fan of one school that goes to a different one was bought? That happens a lot in CFB. Must be a lot of buying going on.
collegeballfan
December 2nd, 2010
10:13 am
Nice article. I agree. If no evidence then no evidence. Guessing in this situation is not allowed.
But if we are gonna guess, I am guessing that Richt told Green it was OK to sell his jersey.
Just guessing.
rednilla
December 2nd, 2010
10:14 am
@JB
Bobby P has that program on the upswing because he’s a passing czar, and Dyer decided to come play for Gus Malzahn, an Arkansas legend. Nice try though, really.
Another Lesson
December 2nd, 2010
10:14 am
AU’s recruiting class is projected to finish in the Top 10. Don’t know if that answers your question Tony B…
connect the dots!!!!
December 2nd, 2010
10:14 am
Bill,
I didn’t say anything about “having success.” I specifically said recruiting. No coach has ever had a record as poor as 5-19 and gone into the SEC and in a year’s time dominated the recruiting scene.
Lay off the koolaid.
FSUTiger
December 2nd, 2010
10:15 am
georgia87
It’s Wiki (so take it for what it could be), but it provides the best synopsis I could find online. Also, note that money changed hands, Means knew of improprieties (to put it lightly), and was still declared eligible when he transfered to Memphis.
http://en.wikipedia.org/wiki/Albert_Means
georgia87
December 2nd, 2010
10:15 am
Another Lesson – Thanks for the reply. However, I already addressed why I feel like the “money didn’t change hands” issue doesn’t hold water. The NCAA’s own statements about the reinstatement are not about the money, but about what Cam Newton didn’t know. The “agent” that Green sold the jersey to admitted that he didn’t represent himself that way. The NCAA ruled that he should’ve known. That makes it a double standard. If they had exonerated him based on the money, or the Albert Means case, or any other reason, they need to say so. All we have for evidence is their statements.
trupert
December 2nd, 2010
10:16 am
Auburn is the best in the SEC and by far.
Think about it, $cam had numerious tickets, a stolen lap top and got caught cheating multiple times while at Florida, His preacher man father asked for money from MS but when $cam came to Auburn he all the sudden became the perfect student athlete and the campus police don’t even know what he looks like, oh, and his Dad just decided not to ask Auburn for any money???
Yes Auburn is the best and by far. It may take a couple of years but something will come out of all that smoke.
rednilla
December 2nd, 2010
10:16 am
@Tony used to be credible
Auburn’s class is currently ranked low compared to last year, but there are quite a few high profile recruits that we feel are leaning towards Auburn.
Limitrd Access
December 2nd, 2010
10:17 am
After South Carolina beats Auburn,
12-0 Texas Christian vs 12-0 Oregon will be a great game.
Tide60
December 2nd, 2010
10:17 am
Tony, given all of the information that’s out there about this case, if you are to believe that Cecil didn’t shop him at Auburn, and get money, with Cam unaware, then you have lost all credibility in the sports news world.
georgia87
December 2nd, 2010
10:17 am
FSUTiger – Thanks for the info. I’ll check it out.
Another Lesson
December 2nd, 2010
10:17 am
87, I see where you’re going, and I can understand some frustration. But isn’t that a bad comparison then? I didn’t follow the Green case, but does it matter that the guy who bought the jersey was an agent? Maybe it does. Would it have been the same if he just sold his jersey to Mike off the street?
MikeP
December 2nd, 2010
10:17 am
By JB: “Lastly, is the FBI done with their investigation????”
What investigation would that be, JB? There is no FBI investigation of Auburn so I don’t know what investigation you are talking about.
BAMA dude
December 2nd, 2010
10:18 am
Tide60
December 2nd, 2010
10:17 am
Tony, given all of the information that’s out there about this case, if you are to believe that Cecil didn’t shop him at Auburn, and get money, with Cam unaware, then you have lost all credibility in the sports news world.
Tony never said that. He said the NCAA got it right based on the evidence. I think OJ killed Nicole but also think the jury made the right call based on the case presented.
Paul in RDU
December 2nd, 2010
10:19 am
Tony – Excellent column, This is one of your best.
rednilla
December 2nd, 2010
10:19 am
87, I think the difference is in the fact that the athlete was involved with the Green situation, whereas at this point we have no indications that is the case with the Newton situation.
BAMA dude
December 2nd, 2010
10:20 am
MikeP
December 2nd, 2010
10:17 am
By JB: “Lastly, is the FBI done with their investigation????”
What investigation would that be, JB? There is no FBI investigation of Auburn so I don’t know what investigation you are talking about.
Considering the control Bobby Lowder/Pat Dye have over there I wouldn’t stand too firmly on that, because their bank is absolutely under investigation as we speak.
FSUTiger
December 2nd, 2010
10:20 am
connect the dots!!!
If you think recruits attend schools because of the HC, then I’d surmise you’re a UGA fan? Chizik was building a program at ISU, Jay Jacobs knew it, and Jay Jacobs hired the best “Auburn” man for the job. When Auburn’s prior DC Paul Rhodes took the HC job at ISU, he took them to a bowl game that season. I’d imagine Chizik would’ve been able to do the same thing or better.
What Chizik has been able to do at Auburn has more to do with his excellent group of assistant coaches, and less to do with himself. Gus Malzahn (Broyles Award Finalist), Curtis Luper, Trooper Taylor (Best WR coach in the nation) and others are excellent recruiters, and players knew they had an excellent opportunity to start at Auburn since Tommy Tubs decided to go duck hunting with the BBQ boys instead of recruiting.
It’s always easy to read the cover of the book…
Another Lesson
December 2nd, 2010
10:21 am
Scientists look at the same physical evidence and reach wildly different conclusions about the age of the earth and how we got here. Surely we don’t think we’re all going to interpret available evidence about Newton, AU, MSU, etc the same way??? People are going to believe what they want to believe. It doesn’t matter what they are told.
JB
December 2nd, 2010
10:22 am
Another Lesson…………look, you must be a AU fan, great. go War Eagle………….But, anybody who follows CFB and looks at ya’ll class from last year coming off a 7-5 season with pretty much a HC that people were still saying “who” to is a little questionable? One La. HS coach was stunned when one of players switched from LSU to AU at the last minute after being LSU committed for 12 months.Hope it’s all real for ya. Trooper Taylor must be a heck of a recruiter.
BAMA dude
December 2nd, 2010
10:22 am
FSUTiger
December 2nd, 2010
10:15 am
georgia87
It’s Wiki (so take it for what it could be), but it provides the best synopsis I could find online. Also, note that money changed hands, Means knew of improprieties (to put it lightly), and was still declared eligible when he transfered to Memphis.
The people who got the money in the Means case wee completely unrelated to him and used him for personal gain without his knowledge. This is the same thing that the current evidence suggests about Cam and Cecil; it’s just that folks don’t believe it because Cecil is Cam’s daddy.
FSUTiger
December 2nd, 2010
10:23 am
BAMA dude,
Lowder has been extremely quiet since Colonial went under, and Dye has just now been welcomed back into the AD buildings, but still doesn’t have the pull many think he does. Jay Jacobs is an excellent AD, and made what looks to be a great hire in CGC. Of course, I’d have told you the same thing about Terry Bowden this time in ‘94, so take that with a grain of salt!
rednilla
December 2nd, 2010
10:23 am
“People are going to believe what they want to believe. It doesn’t matter what they are told.”
DING DING DING. We have a winner!
rednilla
December 2nd, 2010
10:24 am
@JB
Where was all of this crap when Saban turned a 6-6 season into the number one recruiting class in the nation?
JC Christos
December 2nd, 2010
10:25 am
I just hope that this whole sordid affair will encourage football programs to stop using my name in vain.
connect the dots!!!!
December 2nd, 2010
10:25 am
Chizik is now an “Auburn man?” Didn’t know being an assistant at a school for 2 years makes you a “man” of that institution.
Actually Einstein, Chizik is a UF and Clemson man.
You might want to do a little research before you post. You just look dumb.
PMC
December 2nd, 2010
10:25 am
I am interested to see how many voters leave him off the ballot entirely.
Cecil Newton…looks REALLY REALLY REALLY bad in this.
MikeP
December 2nd, 2010
10:25 am
Tide60
December 2nd, 2010
10:17 am
“Tony, given all of the information that’s out there about this case, if you are to believe that Cecil didn’t shop him at Auburn, and get money, with Cam unaware, then you have lost all credibility in the sports news world.”
That’s just it. All the information out there has now been found to be total BS. A team of experienced NCAA investigators worked on this for five months and yet you think some bloggers with anonymous sources know more than the investigators do?
In this case the old internet adage proves true: “Where there is smoke, there is somebody blowing smoke.”
He wasn’t “shopped’ at Oklahoma or Tennessee either. Auburn and Cam Newton are clean and this deal is over. Get used to it.
FSUTiger
December 2nd, 2010
10:25 am
JB, I’d imagine you’re referring to DeAngelo Benton? See Reuben Randle, and the role his daddy played in that decision. I’ll get you started, they attended the same high school, but Benton graduated two years earlier. Now you can do your own research.
connect the dots!!!!
December 2nd, 2010
10:26 am
Saban had a national title ring to show off and excellent seasons at LSU. Chizik had a stellar 5-19 record to flaunt. Are you people really this stupid?
PMC
December 2nd, 2010
10:27 am
“Nobody just looks at a set of facts and makes a decision. It is always part of a vast conspiracy to keep the rich and powerful in their positions of wealth and power and to keep somebody else down. There are always larger forces at work.”
Just because you’re paranoid doesn’t mean they aren’t all out to get you.
rednilla
December 2nd, 2010
10:27 am
The staff in place is such that players want to play for them. I’ve heard several comments from players about almost every coach (Lolley the exception), and they’ve always been positive. The staff got out and worked their butts off in recruiting, and even held a couple of events (remember Tiger Prowl?) to spark the interest of recruits. It’s something new, and players paid attention and responded.
Is that so hard to understand?
JC Christos
December 2nd, 2010
10:27 am
It wasn’t me that caused those links to Rivals.com to magically disappear.
I just wanted all of you to know that.
ARdawg
December 2nd, 2010
10:28 am
This is the deal: The SEC, NCAA and Auburn University will all come out of CamGate with pooh all over their collective faces if any of this story is true and found out to be true with varifiable facts. This is the Monica Lewinsky/Bill Clinton come on the blue dress, “define sex” of College football. It’s a crying shame Tony Barnhart is an egomaniac and too concerned about his budding Television career to ask the pertinent questions.
Tony. you’ve coated this pig with all the lipstick and rouge you can muster and guess what? It is still a pig.
Why did Auburn go to the trouble of declaring him ineligible at this point? Did they know they would have a ruling in a mere 2 days? Can you document any other player that had a ruling in two days? Seems those would be more pertinent than the players you cite. That alone would leave one to believe AU was told to make him ineligible, just to be cleared. It stinks Barnhart and you have your head in your butt over it.
If Slive, the SEC and the NCAA are still investigating and possible action could be forthcoming later “why?” was Cam declared ineligible in the first place. This could only leave one to believe that a complete and total white-wash and cover up is forth-coming. Tony Barnhart has no bawls to ask the right questions. He is a sellout. Enjoy your career Tony. Your credibility is in the tank but, that obviously means nothing to you.
Another Lesson
December 2nd, 2010
10:28 am
JB, the LA player was Reed and he didn’t “switch at the last minute.” But like I said, people (self included) are going to believe what they want to believe. For now anyway, the burden of proof favors Auburn. Folks can sling mud all they want.
BadgerFan
December 2nd, 2010
10:28 am
JB
December 2nd, 2010
10:11 am
“This RB that AU got last year out of Arkansas was a die hard Razorback fan is whole life, And Bobby P. has that program on the upswing ( 10 wins this year) and All of a sudden this kid commits to AU…………………..Ok, sounds OK ?”
Yeah! And I just found out that Cam Newton allegedly supersized his combo at McDonalds yesterday. That extra $1.29 came from somewhere….way too fishy
rednilla
December 2nd, 2010
10:28 am
@FSU
No, he’s talking about Trovon Reed, kid from Thibideoux.
JB
December 2nd, 2010
10:28 am
rednilla;
last year…………….Saban’s name in CFB=rock star……………Chizik name in CFB last year= Who?
Big difference
Miles
December 2nd, 2010
10:29 am
Mr. Barnhart, you should have been a lawyer.
Legally, and administratively, it may have been the right decision.
Morally, it is wrong! Thus, the decision is wrong.
Is this concept too hard for you southern Protestants to grasp?
Scott
December 2nd, 2010
10:29 am
Guys, relax. Let the Barners enjoy their moment. They know this entire season will be vacated sooner or later. They may practice incest but they are not that stupid. So let them have their time in the sun while it last.
Thanks
georgia87
December 2nd, 2010
10:29 am
Another Lesson – Thanks for the reply. I can only go by what the NCAA said. They said that it mattered. What AJ did was stupid, and probably cost Georgia a couple of wins. I don’t have any problem with him being suspended, even for four games. However, with the distinctions the NCAA made, I feel that they are being inconsistent with the Newton case.
rednilla – Thanks for the reply. I understand what you are saying, but the NCAA made the distinction of what AJ should’ve known and then didn’t put that same test to Newton, even though we are talking about the difference between a buyer and a father. That is why it smells to me.
Mike
December 2nd, 2010
10:29 am
So, Tony, soliciting money is not the same thing as agreeing to accept money? That’s a Clintonian, hair splitting, parsing of words. It’s almost as bad as when the former president, under oath, said: “it depends on what the meaning of “is” is.”
One aspect of the Cam Newton case bothers me almost as much as the above. Cam hit the AU campus last August, and you know he’s leaving after AU has played its bowl game. This mercenary football player did one semester at AU as a stepping stone to the NFL. Since his NCAA illegibility for next year is moot, I wonder if he even bothered to go to class. “Student Athlete” is all to often an oxymoron, and Cam has made it a joke. Tony, it’s very sad that college football, which we both love, has come to that.
Alphare
December 2nd, 2010
10:29 am
I wish Auburn wins a world champ.
But a rule is a rule. I guess in the future, some one can just ADVISE on AJC soliciting money for an amateur athlete, and claims in the end no money has ever exchanged.
This is not about Auburn, it’s about Newton who is ineligible and should be suspended. Auburn may get hurt as a result. But Murdoff’s wife is hurting now because he is in jail. Should we let him out of the jail considering his wife?
BAMA dude
December 2nd, 2010
10:30 am
This is what Auburn University has to be concerned about right now. It’s an article from 2004 when Auburn was put on SACS probation for a year, one step below loss of accreditation a la Clayton State. SACS’ concerns could be worrisome. From the report:
Trustee Bobby Lowder had so much money and clout he could effectively control Auburn’s board.
Trustees Lowder and Lowell Barron had conflicts of interest because they did big business with the university.
Illegal meetings were held during which big decisions were supposedly made.
Being that Lowder and his cronies were found doing too much business with the school as BoT members and Lowder/Colonial are currently under investigation for potential misuse of TARP monies, that could get ugly if Auburn allowed him to maintain the same level of power.