Georgia Tech NCAA appeal denied
Georgia Tech’s appeal to the NCAA over sanctions handed out last July has been denied. The school will be required to return its 2009 ACC football championship trophy to the league office, one of the penalties for NCAA findings of failure to cooperate and failure to meet the conditions and obligations of membership in an investigation into possible impermissible benefits violations to former football players Demaryius Thomas and Morgan Burnett.
“In its appeal, Georgia Tech asserted the vacation of records penalty was not warranted based on its contention that it did not gain a competitive advantage, among other factors,” the NCAA wrote in a release. “After a comprehensive review of the case, the Infractions Appeals Committee found the facts of the case did support the findings of violations. The Infractions Appeals Committee also found it speculative to state a competitive advantage was not gained and the penalty was appropriate in this case.”
The verdict of the infractions appeals committee is final. The school has no other legal recourse on the appeal. The investigation began in November 2009 when an NCAA investigator learned of possible impermissible benefits, which turned out to be $312 worth of clothes given to Thomas by his cousin’s roommate. Burnett was not found to have violated NCAA rules.
The school faced significant odds for an overturn of any of the two findings or the revocation of the football championship. Since the NCAA toughened standards for appeal in 2008, only one out of at least 14 appeals has been granted.
“We are disappointed with the ruling of the NCAA appeals committee, but respect the process and the NCAA’s decision,” Georgia Tech president G.P. “Bud” Peterson said in a statement. “We felt we owed it to the Georgia Tech community and to our student-athletes to exercise the appeals process provided by the NCAA in order to defend the integrity of Georgia Tech and to reaffirm our commitment to the principles and obligations of the NCAA.”
Peterson was out of the country and unavailable for comment, according to a school spokeswoman. Athletic director Dan Radakovich declined comment.
In its appeal, the school conceded it had made mistakes during the investigation, but argued that the indiscretions didn’t want warrant a finding of improper conduct or the removal of the ACC title. Tech argued that the title removal was inappropriate and an abuse of discretion, one criterion for an overturn of an appeal. The school claimed that none of the factors typically associated with a penalty of vacated wins, including academic fraud and serious intentional violations, were met.
“The vacation penalty punishes an entire team of student-athletes by taking away a championship because of decisions made in good faith by institutional staff members,” the school contended in a written appeal filed last September.
To lodge the appeal, the school retained the services of the Birmingham-based law firm of Lightfoot, Franklin & White, including Gene Marsh, the former chair of the NCAA’s infractions committee. As of December, the school had paid $93,000, nearly all of it to Lightfoot, Franklin & White, for counsel.
A school statement released last July noted Tech’s “unwavering commitment to the integrity of its athletics program” and that “we feel that we owe it to the institution” and the football team to appeal.
In addition to the return of the trophy, Tech must vacate the win from coach Paul Johnson’s records and remove any public references to the ACC title.
More updates to come
Ken Sugiura, Georgia Tech blog
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518 comments Add your comment
Supersize that order, mutt
March 9th, 2012
8:08 pm
HT, I don’t think that Ken and Carvell should ban WnE….I think the entire AJC should ban him so that he can’t post anything anywhere.
Supersize that order, mutt
March 9th, 2012
8:14 pm
Hey, guys, I learned something interesting earlier. Did you guys know that you can type word pan ties (figure it out) in posts on Schultz’s blog but you can’t on our blogs? Proof yet again that the AJC is a homer paper, holding us to different standards than others. I know that Ken doesn’t control the filters, so that means that somebody else on the AJC staff is CENSORING the Tech blogs.
Sautee Dawg
March 9th, 2012
8:16 pm
Supersize, all players are cleared to play while being investigated. Being found guilty is when the hammer falls.
I’m just saying in my opinion how unfair it is to the 83 players who played by the rules to be penalized for a few minor mistakes by the other 2 players.
A.J. Green was cleared to play in 2009, but UGA didn’t let him for these same reaasons.
HighTech
March 9th, 2012
8:18 pm
Try to post yester_day as one word. The filters are funny. Is the opposite of Artificial Intelligence called Artificial Stupidity?
Supersize that order, mutt
March 9th, 2012
8:23 pm
Sautee Dawg, I agree that the team as a whole should not be forced to pay, but in this particular case, Tech ASKED for clearance on the players because the school didn’t find any impropriety. Based on the interviews which apparently had already been conducted, both ACC AND NCAA officials ok’d it. As I said, that wasn’t the problem; it was that DRad told CPJ what was going on after having been told not to. The question all Tech fans is how could he NOT tell him. As I also typed earlier imagine a similar scenario happening at UGA (just for example, not to slam UGA) —
UGA AD to CMR — I am suspending A J Green for the Tech game
CMR to UGA AD — OK, boss (no questions asked or anything)
Can you really imagine that playing out like that? HELL NO!!! ANY coach in the country would want to know why (and DESERVE to know why), as would the players on the team.
Supersize that order, mutt
March 9th, 2012
8:25 pm
HT, the filters should be the same on all blogs. If you can say the correct word for pan ties on Schultz’s blog, then you should be able to say it on Ken’s blogs too.
Supersize that order, mutt
March 9th, 2012
8:26 pm
ANYWAY, I’m out for now. I don’t want or need to sit at this computer all night. Later, all
billyBobjacket
March 9th, 2012
8:38 pm
Well, we did rag on Richt for “pocket texts” and whatnot, and Johnson did tell the players before their interviews in direct contradiction to NCAA instructions and protocols, but the penalty still seems excessive. Are all the wins from that season “vacated”?
IllinoisRed
March 9th, 2012
9:24 pm
No further recourse? How about a civil suit? The NCAA has become a joke, or they would have given life-time bans to dozens of coaches and shut down several major sports programs. Vacating a title that was won legitimately on the playing field (and done so with players who weren’t illegally recruited, thank you) over a handful of T shirts from someone’s cousin? Yeah, that makes a lot of sense. Something you’d expect out of a bunch of bureaucrats who probably couldn’t pass a semester of calculus if their life depended on it. Go Jackets!
GT BEE, 1981
LEE
March 9th, 2012
9:40 pm
The coach and athelitic director wanted Thomas in the Orange bowl.They did not use him in that game. Great pity. He suited up , ran up and down the field on the plays but was never thrown to.He left for the NFL. If he was used, he might have stayed at Tech for another year.
Steve
March 9th, 2012
10:10 pm
Soooooooooo what time does Tech play tonight?
Supersize that order, mutt
March 9th, 2012
10:13 pm
Serves us right, we cheated after all.
Hoopster
March 9th, 2012
10:13 pm
They played this afternoon Steve and hammered NCSt 14-6.
Tech Lies, Cheats and Steals
March 9th, 2012
10:15 pm
Cheaters never win. The Institute and the graduates are a complete FRAUD. GT is an embarrassment to the great State of Georgia
*All-Involved
March 9th, 2012
10:20 pm
Sad state of affairs when *Awbarn can get away with $cam Newton and poor ole’ Tech get’s this. I guess Tech’s supporters won’t pony up like *Awbarn’s.
Supersize that order, mutt
March 9th, 2012
10:49 pm
@ the 10:13 poser, you are a pathetic loser to come on a blog and post under someone else’s name. Fortunately, everybody who posts on these blogs can tell the difference, so you just wasted your effort
Supersize that order, mutt
March 9th, 2012
10:52 pm
@ Cheats….. I guess you don’t think it an embarassment for a UGA female soccer player to stuff hashbrowns down her pants and then, when she realized she had been seen, try to take them out and put them back on the serving counter. That made every newspaper in the country, bubba, and people everywhere are laughing their heads off in amazement and disgust at the University (sic) or Georgia. But you are proud of that. Sheesh, what a dolt you are.
Supersize that order, mutt
March 9th, 2012
10:53 pm
make that University (sic) OF Georgia
Supersize that order, mutt
March 9th, 2012
10:55 pm
And let’s not forget the red pan ties and the ponzi scheme and the 3-point basket quiz. Talk about embarrassment. PATHETIC
Bobby Cremins
March 9th, 2012
11:05 pm
Anybody know what time the Jackets play tonight?
Bobby Cremins
March 9th, 2012
11:06 pm
I cant find it on Comcast here in Charleston
tech hater
March 10th, 2012
7:29 am
Bless your little Techie hearts!
Thomas Brown
March 10th, 2012
8:07 am
If we had not beat you in 2009, you would’ve had to have Vacated it anyway.
NCAA PROBATION
back-to-back
REPEAT OFFENDERS Major NCAA Infractions database
FOOTBALL
again.
You LIED to the NCAA.
Paul Johnson KNEW he could not talk to the players.
Paul Johnson TALKED to the players ANYWAY.
You think you are above the NCAA.
You think you can do whatever you want to do.
It’s just like Reuben Houston when Georgia tek LAST was on
NCAA PROBATION in FOOTBALL.
You played him against Georgia then too, and you played him the whole entire game against us. This after he had already had his interview with the AJ-C admitting with his son on his lap that he was taking 93 lbs of drugs in the van to a drug dealer for the purpose of selling the drugs. He jumped out of his van, he reported to the AJ-C on Georgia tek’s CAMPUS, his child on his lap trying to get away from the FBI, GBI, City of Atlanta, Georgia tek Campus, Fulton County, and DEA. 1,500 bags of drugs.
10 March 2012 update : Convicted FELON on the lam MOST WANTED CRIMINALS.
But, boy you played him against us – every minute of the game.
OkieDawg
March 10th, 2012
8:48 am
My Momma always said “stupid is as stupid does”. There is smoke in the ghetto.
Home of the Jackets
March 10th, 2012
9:00 am
Have you been robbed at gunpoint today??
Brooking is Broke
March 10th, 2012
9:06 am
Keith Brooking is broke just like his former Institution. I know you guys are proud of “Mr. Pile On” from Senoia. He has such a broad vocabulary and sounds so intelligent. Every other word is “man.” Now, he has played 10-11 years in the NFL and has no money. Bwahhh!!
Oh look now, Brooking just jumped on another tackle pile 10 yards down the field after the RB was on the ground. Perhaps he can hang around on Dallas’s roster for a few more years.
Be Honest
March 10th, 2012
9:15 am
The reason that the NCAA came down so hard on you Techies this time is they know you tried to cover up academic fraud and failed to report playing ineligible players (see Little Joe Hamilton) last time until your Athletic Department knew the NCAA was coming for you. The first time Tech got off light, and this time the NCAA said no way these guys get another pass.
You guys try to come across as “we always play by the rules” ad we win with integrity. This is horse crap, and we all know it. Tech lies (see George O’Leary’s resume and CPJ), cheats (see George O’Leary, DRad and CPJ), steals (see Keith Brooking), deals (see Reuben Houston) and kills (Javaris Crittendon). It’s the Jacket way!!!!
LESD
March 10th, 2012
9:24 am
I don’t see what everyone is so upset about. It’s not like winning the ACC football championship is that big a deal. Even Wake Forest has done that.
Terminator
March 10th, 2012
9:34 am
Too funny!
Major Minor
March 10th, 2012
9:55 am
Hey Tech…what is that 2 x in front of NCAA in last 5 years for cheating…sounds like a program lacking institutional control…..
packman1
March 10th, 2012
11:05 am
You have to think that both Carolina and Miami are sweating bullets.
Carolina’s Associate Head Coach was a runner for an agent, another agent hanging out in the weight room, a crooked tutor under the direct employ of the Head Coach, major cheating scandal, exorbitant parking fines from players that were paid by the tutor, all sorts of travel and “stuff” given to several projected 1st rounders. Hidden phone records from the fired Head Coach. Allowing a 3rd agent to teach a university class that included athletes that were involved in the misdeeds. This makes the Southern Cal and Ohio State cases look like some kid taking another’s cookie during a Sunday School picnic.
Supersize that order, mutt
March 10th, 2012
11:42 am
@ Be Honest……..ok, if you’re so honest, then please inform us when CPJ has lied or cheated. And don’t bring up chop blocks, because Tech has only been called for chop blocking maybe 3 times since CPJ arrived at Tech. Tech CUT BLOCKS (which is LEGAL); they don’t CHOP BLOCK
Joseph A Banks
March 10th, 2012
12:07 pm
Meanwhile, Alabama is providing clothes and players are starring in commercials for a clothing store over there and nothing from the NCAA. Hmmmmmmmmmmmmmm.
Sliderule
March 10th, 2012
2:10 pm
PLEASE PLEASE PLEASE GIVE US BACK OUR TROPHY MR. NCAA!!!! WE DIDN’T MEAN TO CHEAT THAT MUCH. WE WERE ALMOST OFF PROBATION WHEN WE DID THIS. CAN’T YOU CUT US SOME SLACK?
Boot Licking Toadie
March 10th, 2012
2:33 pm
Beautiful day outside. I’ve already completed a couple of yard task. Makes a rational person wonder about trolls. Good luck boys and girls, try and get some exercise.
Embroidered Golf Shirts
March 10th, 2012
3:40 pm
Definately adding you to my RSS feeds.
Really?
March 10th, 2012
4:45 pm
It’s a beautiful day but it’s way too early in the year to have to be doing yard work dang it. Oh yeah and ga text is humiliated again and it happens so often that it’s never too early for that.
Really?
March 10th, 2012
4:48 pm
I do hope all the texties have appreciated me staying away from their sad little blogs. It was too much like shooting fish in a barrel anyway. I never will understand why a good writer like ken got stuck with such a dead end beat.
Boot Licking Toadie
March 10th, 2012
5:27 pm
@Really?, you obviously don’t own property or land.
Oh yea, I’m sure you know all about”dead end beat.”
Hoopster
March 10th, 2012
8:14 pm
Hey look WnE/buLLdawg/Thomas Brown is out trolling!!
Thomas Brown
March 10th, 2012
10:27 pm
Gt fan March 10th, 2012 1:03 pm
” “Don’t tell your HC, but we (NCAA) are going need 2 of his best players to sit out some games while we conduct an investigation” all the while knowing the AD is going to inform the HC. THUS, the NCAA is now armed with a “they didn’t obey our order to NOT say a word to anyone, especially the HC” defense.”
_________________________________________________________
Hash Browns March 10th, 2012 8:57 pm
“I would like to know when Radakovich is going to hand in his resignation — or if he lacks the integrity to do that, when Peterson is going to fire him. He ignored the simple instruction not to discuss the situation with anyone within seconds of when he was notified of how it had to be handled. His simple arrogance and inability to listen is why Tech ultimately received this punishment.”
__________________________________________________________
captguitarman March 10th, 2012 11:36 am
“the bigger issue is kind of getting lost here. Did Tech screw up? Sounds like it. “
Thomas Brown
March 10th, 2012
10:28 pm
Supersize that order, mutt March 10th, 2012 11:31 am
“It was DRAD who did what he was supposedly not allowed to do. Johnson wasn’t even involved at that point and was not until DRAD told him what was going on.”
_________________________________________________________
student athlete March 10th, 2012 10:20 am
“The players should seek council on possibly suing Rad, Johnson, Peterson, and the GTAA, its very clear they were negligent in managing the initial situation, they then responded with the same arrogance to the NCAA that has been exhibited numerous time to GT fans and Atlanta media. The hired hands (Johnson and Rad) ride off with the money”
Thomas Brown
March 10th, 2012
10:30 pm
Old Gold Britches March 10th, 2012 9:57 am
“It is hard to believe Peterson and Radakovich made this big of a mistake. It is just as unbelieveable that legel advisers let them go down the path they took. Apparently the blind leading the blind.”
_________________________________________________________
Tech Faithful March 10th, 2012 10:31 am
“No, DRad is the main culprit here. He was told what to do by the NCAA and he didn’t do it. He impeded the investigation, as did CPJ by passing on the information to players, DUH! DRad has overstayed his welcome, and it is time for him to go, Bud. As for CPJ – probation at best.”
_________________________________________________________
Thomas Brown
March 10th, 2012
10:33 pm
GT09 March 10th, 2012 9:17 am
“Got out my ACC 2009 Championshipring this morning. Thanks NCAA. Pun ish 113 players for the ac tion of a couple of admin istrators.”
OkieDawg
March 10th, 2012
10:36 pm
G-Tech is like a hardy perennial, each year about this time, the NCAA violations issues pop up. I just expect it. Sad…Sad…Sad…The sun rises in Athens and sets in the “Ghetto”.
phil
March 10th, 2012
11:25 pm
Hahahahaha!
Bunch of cheaters, just like Fraudburn!
The UGA Inferiority Complex
March 11th, 2012
12:19 am
I could care less what the NCAA says – I actually know a guy who worked for the NCAA headquarters in Kansas. Nice guy but the NCAA is like the traditional media – can’t ever admit they make a mistake. Ga Tech are the 2009 ACC champs in football and I will keep saying it for the rest of my days and I am right and there is nothing anyone can do about it. Suckie Suckie on that NCAA……no one can stop me.
The UGA Inferiority Complex
March 11th, 2012
12:20 am
Ga Tech IS the 2009 ACC football champs!
The Truth
March 11th, 2012
6:51 am
This pales in comparison to any violation that UGA has gotten away with….as if UGA has won anything that would be worth vacating….
Boot Licking Toadie
March 11th, 2012
8:09 am
Trans Ams and all?