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
Whorukidding?
December 2nd, 2010
10:30 am
What is anyone upset about here? Anyone who has ever dealt with a player or been seriously involved in the booster aspect of a major university football program knows that pay for play happens in some form most of the time in regards to the premium recruits… so there is nothing to complain about.
rednilla
December 2nd, 2010
10:30 am
ARdawg:
Auburn “went to the trouble” because they were following NCAA protocol. Nice try though.
FSUTiger
December 2nd, 2010
10:31 am
Well there “dots”…If we’re going on facts, then know that Chizik was at Auburn for three years before going to UT because Mac Brown was well known for getting his coordinators promoted, whereas ole Tommy Tubs was not. Believe it or not, Chizik is the first HC at Auburn who I believe Auburn would have to force out since Pat Dye. He’s a man of great integrity and morals. Obviously, things could change in the future and I’ll sit here with egg on my face, but I’ll support the man no matter where he is coaching; kind of like my support for Paul Johnson of GT. I was at GSU when he was coaching there…
McDawg
December 2nd, 2010
10:31 am
a slope consist of a cline, a crest and an antcline-so indeed a slippery slope can go both ways
Alphare
December 2nd, 2010
10:31 am
I mean ADVERTISE.
steve bridges
December 2nd, 2010
10:32 am
Do you still believe there is a special place in hell for Cecil Newton for shopping hi son?
TrishaDishaWarEagle
December 2nd, 2010
10:33 am
chizik was DC on TWO count them TWO undefeated untied teams..AU 2004 and Texas 2005(where he also was assistant head coach) so although I wanted Tuberville to stay, at the time, he did have a resume’ and a “ring” to show to kids…
I’d say the Iron Bowl showed that Saban the great can choke like anyone else…and for al you Bama fans telling us to get ready to be mediocre and rebuild next year..you mean like Bama this year? 3 loses, and 4th in the SEC west?
FSUTiger
December 2nd, 2010
10:33 am
True BAMA dude, but I’m telling you, Lowder doesn’t wield the same size proverbial stick as he used to…Hopefully he’ll be off the BoT here soon, but with his ties to the new governor, we’ll see…
We don’t choose all the members of our family…
georgia87
December 2nd, 2010
10:34 am
FSUTiger – I read the Means wiki, but I found the dates to be inconsistent and the terminology to be wrong. It is an example of the worst problems with Wikipedia. I’ll read up on it and see what I think. Thanks for the info.
just wondering
December 2nd, 2010
10:34 am
the NCAA finds years after Reggie Bush is out of college that rules were violated during his days at USC. So they say he was ineligible at the time and USC has to vacate the games he was in and the national championship doesn’t count, yada yada yada. Now, its determined that amatuerism rules were violated in regards to Cam Newton and AU declares Cam ineligible. but he’s just out for a day and reinstated. why would he not be ineligible retroactive to when his violation occured?
PMC
December 2nd, 2010
10:34 am
The problem of course in the first place is that there are a lot of players playing in college football that are worth FAR more than the scholarship…aid they are given. When coaches are making 5 million dollars a year almost solely on the backs of the talent they are able to recruit. Coaches can dream up all the fun schemes in the world, they can’t do a darn thing without talent. Auburn would be a middling program with out Cam Newton this year. He’s certainly worth an extra 180,000 and probably 10 times that.
If you are playing on a scholarship. You are a professional ALREADY by the nature of the value of the scholarship. You are trading your time and talents to represent the insitition.
The NCAA simply doesn’t want to acknowledge that the big money sports are not amateur sports and they haven’t been for sometime.
That’s the elephant in the room. Not all the schools in the NCAA are created equal and thus fairness cannot exist.
JB
December 2nd, 2010
10:35 am
FSUtiger @ 10:31……………..I’m going to cut and paste that blog and hang on to it. You must be new….will you be back when all this is “cleared up” ?
BAMA dude
December 2nd, 2010
10:35 am
<emMMikeP
December 2nd, 2010
10:25 am
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?
You are obviously not up on the facts of this case. 1- The NCAA ruling was based on Auburn’s request for reinstatement. It was NOT the findings based on five months of investigation. 2- The info isn’t BS, he WAS shopped to MSU, Cecil just claims Cam never knew.
PMC
December 2nd, 2010
10:36 am
The only real amateurs in college sports are at Division 3 schools, even then those coaches are finding ways to recruit they just have to get you in on academic scholarships….and again, you’re being paid money to represent the school well and help them make more money.
rednilla
December 2nd, 2010
10:36 am
I don’t know about Lowder being off the BoT. As many issues as he has brought the athletics program, the man has donated millions of dollars to academics, basically building the School of Business on his own. I hate the influence he has on things, too, but we have to give the man credit where credit is due.
FSUTiger
December 2nd, 2010
10:37 am
rednilla, Trovon Reed didn’t make a last-minute switch, he’d been an Auburn commit for quite a while. Benton “stunned” LSU fans and recruiting “insiders” on NSD during Chizik’s first recruiting class.
TrishaDishaWarEagle
December 2nd, 2010
10:37 am
Now AU used TARP funds to buy players? Is that really your new spin? Thats F’ing classic!
BTW Lowder was retired from colonial bancorp before it was seized by the FDIC… but as with every other aspect of this story, why the hell would facts get in the way …
FSUTiger
December 2nd, 2010
10:38 am
Yes, but you can’t legally “buy” your seat on the BoT…We know how things work, but…
rednilla
December 2nd, 2010
10:38 am
@just wondering
The difference is that apparently Newton had no knowledge of the situation, whereas Bush did.
Another Lesson
December 2nd, 2010
10:40 am
@just wondering – and there was actual proof of money exchanging hands in Bush’s case. That hasn’t been established with Newton and AU or MSU (yes I know – yet).
FSUTiger
December 2nd, 2010
10:40 am
Who really knows there JB?! I appreciate the attention I’m garnering from you though! Lol. For now, I’m signing off and heading to the gym…I’ll catch up with the conversation in a few hours! C-ya!
WDE! Go ‘Noles! Go ‘Terps! and Eagles, Eagles, FIGHT FIGHT FIGHT!
It’s a long story!
AG
December 2nd, 2010
10:41 am
Cam Newton” “The Auburn money (in comparison) was too much.” What else could anyone possible need? Makes me wonder who has something on the NCAA.
MURPHY
December 2nd, 2010
10:41 am
georgia87,
Many have questioned the power of the SEC.This should answer the question on how powerfull the SEC really is.
ARdawg
December 2nd, 2010
10:41 am
rednilla
Sorry. It doesn’t work. If the NCAA rule Barnhart cited is correct and if in fact there is nothing damming of Cam according to those rules, nothing would come later. So what is the point of declaring him ineligible now? Why declare him at all? Makes no sense other than to get a stamp of approval from the NCAA and Slive.
I am glad for Cam really. I wish they could act in 2 days on every case but, if you don’t see something goinig on here, you ain’t looking.
The only way everybody comes out of this thing is that either A) Cam is innocent, which should follow regular protocols or B) there is a white-wash of the whole incident and it does in fact get swept under the rug.
There was no reason for AU to declare him ineligible at this point, unless they knew he would be cleared by game time, is there?
rednilla
December 2nd, 2010
10:41 am
I missed the last minute switch part of the message. My bad.
And I wasn’t suggesting that you can legally buy that seat, I was just pointing out facts. I don’t particularly like him, and I sure as hell don’t want him running the school I love so much, but I don’t see any way that is going to happen unless he decides he’s ready to give it up.
Playing Time
December 2nd, 2010
10:43 am
Did you folks stop to think about the available playing time at Auburn. Some kids don’t want to sit behind 5 star recruits for 2 & 3 years before they play. I am not a fan of Auburn but the recruiting argument is not valid at all.
rwo
December 2nd, 2010
10:43 am
Whine, whine, whine. That’s all you ugay and bama fans can do. We beat you on the field and you can’t stand it. You both had your hearts ripped out by getting leads but you couldn’t hold them.
As far as coaches I’ll take mine anyday. Richt has turned ugay’s program into the laughing stock of the SEC. He brought Dowden’s mentality of win at any cost and he has done that by signing all the thugs he could find and that is why your program has deteriorated to the point it has. You are now known as FSU North.
You are just jealous we have a real QB and you’ve got a little whiner.
Another Lesson
December 2nd, 2010
10:44 am
Here’s a little perspective on Benton’s recruitment at LSU and the influence it had on Randle (or vice versa). TIFWIW.
http://bleacherreport.com/articles/119972-rueben-randle-the-nations-1-recruit-joins-lsus-1-class
rednilla
December 2nd, 2010
10:44 am
Oh, I think they knew he would be declared eligible by game time, but the way I understand it is that the NCAA came to the conclusion that Cecil Newton had at least inquired about money, and at that point Auburn had to declare him ineligible and then then petition for reinstatement.
how2fish
December 2nd, 2010
10:44 am
Lets see Daddy Newton calls up Billie BoB Booster from MSU and says well son for 180,000 my boy Cam will come play for you…that gets him censured, however it doesn’t carry any further weight because there was no conversation where he AGREED to take the money…really maybe I’m just a dumb old country boy but If I ASKED for the money..I’ve already AGREED to take the money…really Tony this is the biggest B.S argument I’ve ever heard.
BAMA dude
December 2nd, 2010
10:45 am
TrishaDishaWarEagle
December 2nd, 2010
10:33 am
chizik was DC on TWO count them TWO undefeated untied teams..AU 2004 and Texas 2005(where he also was assistant head coach) so although I wanted Tuberville to stay, at the time, he did have a resume’ and a “ring” to show to kids…
I’d say the Iron Bowl showed that Saban the great can choke like anyone else…and for al you Bama fans telling us to get ready to be mediocre and rebuild next year..you mean like Bama this year? 3 loses, and 4th in the SEC west?
9-3 against that schedule is hardly mediocre. The Barn will be lucky to be bowl eligible next year.
Dostoyevskiy
December 2nd, 2010
10:46 am
So where is UNC “found guilty”? Individual players (3)have been found guilty of Illegal contact w/agents, for which they were severly penalized (didn’t play the entire year and were banned for playing forever). Two players were severly punished for receiving help in writing papers, banned for playing in college forever (UNC is appealing this ruling). The Universitiy was not complicit in either case. Blake was fired by the University, nothing came down from the NCAA on Blake (it has not been prove that he did anything wrong, certainly as far as giving an advantage to the football program. I personally believe he tried to steer players to his agent, but to my knowledge he did not do that with any success, with the possible exception of Kentwan Balmer who is already in the pros. But we don’t have any suggestion that this happed even here). And the tutor was also fired by the University when they learned that she had gotten too close to some of the players. The University was not complicit in this either. So I see very little, if anything, resulting in sanctions for UNC. You can speculate and hate all you want, but it ain’t gonna happen. Butch is best CEO in all of college football.
el fuego
December 2nd, 2010
10:47 am
Cam will be gone next year and AU will go 4-8
Another Lesson
December 2nd, 2010
10:48 am
“9-3 against that schedule is hardly mediocre. The Barn will be lucky to be bowl eligible next year.” And so it begins. LOL!!! War Eagle Bama Dude!!
Sean
December 2nd, 2010
10:48 am
Cam Newton better win Saturday.
http://thebubblescreen.blogspot.com/2010/12/cam-newton-steve-spurrier-zach-frazer.html
Alex
December 2nd, 2010
10:48 am
You got it wrong Tony. “NCAA rules (Bylaw 12.3.3) do not allow individuals or entities to represent a prospective student-athlete for compensation to a school for an athletic scholarship” So, the NCAA restored his eligibility because it “does not have sufficient evidence” to prove that Cam Newton knew his father was trying to sell him. The NCAA did not get it right Tony, they caved to big time money. The NCAA will only go after small schools, small markets.
rwo
December 2nd, 2010
10:49 am
Cam is here this year and we went 12-0.
rednilla
December 2nd, 2010
10:49 am
@BAMA dude:
Funny thing is that I heard the EXACT same argument from Bama fans before last season AND this season. Matter of fact, there were callers to Finebaum at the beginning of this year saying Auburn would be lucky to win 6 games.
Keep telling yourself that. Maybe one day it will be true.
BAMA dude
December 2nd, 2010
10:50 am
TrishaDishaWarEagle
December 2nd, 2010
10:37 am
Now AU used TARP funds to buy players? Is that really your new spin? Thats F’ing classic!
BTW Lowder was retired from colonial bancorp before it was seized by the FDIC… but as with every other aspect of this story, why the hell would facts get in the way …
You really aren’t bright are you? Did I relate that to football at all? No. But if Auburn were to lose accreditation they get kicked out of the SEC altogether. Need some work on that reading comprehension there chickadee.
Oh, and it’s “lose” is a verb, “loss” is a noun, and “loose” means something else altogether. You seem to struggle with that as well- noticed on many of your posts. If you choose to misuse the name of the town “Tuscaloser” would be more appropriate. And one can’t have three “loses” either. Just thought I’d help.
rwo
December 2nd, 2010
10:50 am
Whine, whine, whine.
rednilla
December 2nd, 2010
10:50 am
Oops, that was @Another Lesson…sorry, got the sns confused.
rednilla
December 2nd, 2010
10:51 am
Damn it, there are too many messages coming here. He was just quoting Bama dude…
BAMA dude
December 2nd, 2010
10:52 am
rednilla
December 2nd, 2010
10:49 am
@BAMA dude:
Funny thing is that I heard the EXACT same argument from Bama fans before last season AND this season. Matter of fact, there were callers to Finebaum at the beginning of this year saying Auburn would be lucky to win 6 games.
You guys are on a magic carpet ride this year. Next year you lose Pugh, Ziemba, Newton, Fairley, and Bynes. You go on the road to USCe, Arky, LSU, Clempson, and UGA. In other words, 2011 Aubie will be a lesser team with a tougher schedule compared to 2010 Bama.
allinder
December 2nd, 2010
10:54 am
Most of the predictions that I heard on Finebaum for Auburn’s 2010 season were for a 9-3 record. Everyone knew about their recruiting success, they just didn’t think that it would amount to quite so much improvement so soon.
As for next year, they might be lucky to even play 6 games.
Ed (The Original)
December 2nd, 2010
10:54 am
I don’t have much use for conspiracy theories, but it does seem strange that Newton was being shopped by his father and then ended up at a school that apparently wasn’t his personal preference (although I’ll allow for the possibility that he changed his mind). The inference is that someone at Auburn was receptive to Cecil Newton’s overtures, otherwise how did his son end up there instead of Mississippi State?
Also, this ruling would seem to establish a precedent where parents can shop their sons’ services and the athlete can retain his eligibility as long as he has plausible deniability. Just blame it on mom or dad and claim ignorance.
Something about the whole situation stinks, especially with Cam Newton’s shady past, but if there’s no proof that he knew what was going on or that Auburn paid – directly or indirectly – for his services, then there’s no basis for declaring him ineligible or punishing Auburn.
Why do I still feel that Auburn sold its soul for this season? And I’m a Georgia fan that’s always had an affinity for Auburn, so this isn’t someone bashing a rival just for the sake of doing so. I’d like to think that I’d have the same bad taste in my mouth if we were talking about UGA football.
el fuego
December 2nd, 2010
10:54 am
I predict a giant brawl at the SEC championship game. I think Nick Fairley takes a cheap shot on Garcia and Spurrier being Spurrier turns around and sends someone to cheap shot Newton. Thus the benches clear and all hell breaks loose. when its all said and done SC wins 38-31.
MURPHY
December 2nd, 2010
10:54 am
To all Auburn fans giddy that Carolina QB missed practice on Sunday and Monday because of a shoulder injury and was seen wearing a sling-He was back at practice yesterday and throwing the ball very well. Auburn might want to watch the film on the Bama/Carolina game,I feel pretty sure that will be the Garcia yall see in the dome on Sat.
BAMA dude
December 2nd, 2010
10:55 am
Ed, that’s a feeling a lot of people have. I’m not sure I believe Aubie paid though.
merculf
December 2nd, 2010
10:56 am
Why don’t people understand that this isn’t opening up anything. The rules still apply….if you take money you are out. They didn’t take money so he is in. It’s pretty simple really. It doesn’t matter if it was his Dad, Mom, Uncle, High school coach or whoever. There is NO MONEY!
rwo
December 2nd, 2010
10:56 am
We’ve always played the toughest scedule year in and year out so thats no big deal. We may lose Saturday and that will make all you ugay and bama whiners happy but unfortunately you won’t go away you’ll just keep on whining. The truth of the matter is AU 49 – ugay 31 and AU 28 – bama 27. That is reality.