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
1:06 pm
George, I doubt they put the report in coloring book format, so Paraphrase wouldn’t get anything out of it.
George Stein
March 9th, 2012
1:07 pm
The person in the McDonald’s case suffered pretty severe burns. It also wasn’t the first time it had happened. The damages seemed excessive, though.
WeeNiE
March 9th, 2012
1:08 pm
This appeal would have been successful had the lawyers involved not been hampered by their decision to work for Tech, CPJ and that high school offense. CPJ and Tech just does not have the ability to recruit elite level lawyers or prepare them for real world legal cases. Wanna see “my” class ring?
George Stein
March 9th, 2012
1:08 pm
If Paraphrase had legitimate points, I’d be fine with that. But folks like him or her aren’t limited by things like facts, so I’m less fine with him or her.
HighTech
March 9th, 2012
1:10 pm
The NCAA needs a warning label. Clear negligence on their part for not having a warning label on their broadcast and the tickets.
“WARNING: If your team wins the game you are watching, the victory can be vacated at any time at the sole discretion of the NCAA or one of its affiliates. Studies have shown that being upset at arbitrary NCAA decisions and abuse of power can lead to cancer, heart attack, or stroke.”
gtfanfrom1951
March 9th, 2012
1:10 pm
This is wrong very, very wrong UM should get the death penatly. If not the NCAA needs to be disbanded!
FL Jacket
March 9th, 2012
1:12 pm
George…Corporations as big as McDonald’s don’t change corporate policy because advocacy groups think something is a good idea. They change corporate policy when affected by large, impactful sums of cash.
Supersize that order, mutt
March 9th, 2012
1:12 pm
LOL @ WeeNiE…..good imitation
Old Gold and white in my veins
March 9th, 2012
1:14 pm
George, are you an attorney? I’ve heard recently about a documentary regarding the mcd’s coffee suit that really shows the truth. It seems to point towards McDonald’s being at greater fault than public opinion seemed to indicate originally and that they may have waged a war against the woman that led to her being portrayed in a really negative light, ie frivolous lawsuit etc. have you seen this or heard of it?
WeeNiE
March 9th, 2012
1:15 pm
Thanks super, He’ll be here soon. Just thought I’d get us warmed up.
Supersize that order, mutt
March 9th, 2012
1:15 pm
Somebody could probably make some good money by designing and selling some kind of t-shirts befitting this travesty by the NZAA
WnE
March 9th, 2012
1:16 pm
DRad was told by the NCAA investigator to “not tell” coach PeeJay anything about the upcoming interrogation or warn his players in any way.
DRad ignored the NCAA Investigator’s EXPLICIT instructions, therefore this led to GT getting an unecessary hit from the NCAA, this is the NCAA’s version of “obstruction of justice”.
GT should have just let it play out and taken the slight “hit” for the $312 worth of stuff, INSTEAD they got all panicky because they thought they had a chance to beat UGA in addition to going on to the ACC-CG.
When AJ Green for Muttville got involved in Jersey-gate CMR immediately sat him down and held him out until the NCAA got back with UGA, even though CMR’s job was on the line and he was clearly on the hot seat.
GT should/could have answered the NCAA’s allegation much better like other schools, but GT didn’t want to sit the players for the UGA game and hope they would be re-instated in time ala Cam Newton in time for the SEC-CG.
For all the claims of Academic Eliteness and being the “smartest guys in the room”, the GTAA sure does handle their business of NCAA Athletics much WORSE than most colleges that they accuse of being “dumber than them”.
This is clearly the fault of DRad, and although I don’t have proof, I feel that CPJ prodded Drad to find out what the NCAA wanted since having any players sit out ofr the UGA would have impacted his ability to win that game, which GT went on to LOSE ANYWAY.
We could have sat the players, avoided the NCAA Probation, and then lost the UGA Game anyway and still have a clean program.
Now we/GT have to worry how this Probation will affect “Text-Gate” with coach Spencer, and I have a feeling that the way GT & CPJ scape-goated Junior Gnonkonde that they will be very helpful IF the NCAA asks them about any illegal texts that were sent.
Technically Correct
March 9th, 2012
1:16 pm
The NCAA can kiss our rear ends. (Wait! I wonder if THAT would be an infraction, too?)
HighTech
March 9th, 2012
1:16 pm
Right, Supersize. I was thinking of something along the lines of those West Virginia t-shirts. Jumbotron Gold!
George Stein
March 9th, 2012
1:17 pm
Yes, Old Gold, but I don’t litigate.
The sum McDonald’s paid in that case (I think it was about $1.3MM), FLJ, was not nearly large enough to register.
Supersize that order, mutt
March 9th, 2012
1:17 pm
yeah WeeNiE, he is seldom around at lunchtime. I guess the nurses take charge of him at that time every day
GT will be back
March 9th, 2012
1:17 pm
Whatever. Pual will get us at least 2 more.
GT will be back
March 9th, 2012
1:18 pm
Paul
Supersize that order, mutt
March 9th, 2012
1:18 pm
ahh, speak of the devil. the nurses all away now, WnE?
George Stein
March 9th, 2012
1:19 pm
Shocker! WnE believes things for which he has no proof. What about this, WnE?
WnE
March 8th, 2011
1:44 pm
re:
GTBob
March 8th, 2011
1:38 pm
________________
Please point out one FALSE statement that I have made in this Blog, just one.
Thought so!
Weasels like you focus on the messenger rather than the MESSAGE!
Simply prove me wrong and I’ll write a written retraction and never post another comment in any AJC blog.
I await your response.
Old Gold and white in my veins
March 9th, 2012
1:19 pm
Corporate law, george? Not looking for an attorney or being nosy, just curious. Any knowledge of the doc that I was referencing? From what I’ve read, it was pretty damning to Mcd’s.
George Stein
March 9th, 2012
1:20 pm
Okay, serious question, guys. Is the man in this mugshot WnE?
http://www.ajc.com/news/gwinnett/buford-man-arrested-in-1376803.html
George Stein
March 9th, 2012
1:21 pm
I do estate planning, Old Gold.
I haven’t seen it, but when I was in law school we spoke in some depth about it.
Big Old Dawg
March 9th, 2012
1:21 pm
Oh boy
Supersize that order, mutt
March 9th, 2012
1:25 pm
OMG, George. TOO FUNNY !!!!!
Old Gold and white in my veins
March 9th, 2012
1:25 pm
I seem to remember that public opinion was pretty solidly in favor of McDonald’s at the time. the poor woman was made out as some sort of public punchline. Not sure I want to see the doc, supposed to have some pretty graphic footage of her injuries. I’ll leave this alone now. thanks for the responses George.
dawgfan
March 9th, 2012
1:25 pm
So according to the NCAA you had a “competitive advantage” but still lost to UGA?
LMAO. Priceless.
Supersize that order, mutt
March 9th, 2012
1:26 pm
@ dawgfan, as much as I hate to admit it, that post was funny
George Stein
March 9th, 2012
1:26 pm
Yeah, everyone thought she got a lot money for spilling coffee, but the facts were a bit different.
Thomas
March 9th, 2012
1:27 pm
Too funny- kind of like saying you didn’t screw the homecoming queen when you really did. It really doesn’t matter
Old Gold and white in my veins
March 9th, 2012
1:30 pm
That is one sweet mugshot!!! His UGA shirt must have been in the hamper.
To Paraphrase Bill Curry
March 9th, 2012
1:30 pm
Oh there are LOTS of funny posts in here today.
mrj
March 9th, 2012
1:31 pm
FL-Jacket. Ohio State vacated ALL wins for the year, including BCS bowl victory, returning their share of the bowl earnings for the Conf for the year and renouncing their share of the Conf Championship for the year. They suspended all players involved, fired the head coach.
Further they have received a bowl ban for the next season and a reduction of scholarships for several seasons.
But I am with you on the GT issue. Vacating that season and conf championship is much too severe for such a minor issue.
GT Lee
March 9th, 2012
1:31 pm
High Tech, put me down for 1 t-shirt, size L, no abbreviations-spell it all out (as in F*CK the NCAA)
To Paraphrase Mark Richt
March 9th, 2012
1:31 pm
Huh? which one got busted this time?
Just the facts, maam
March 9th, 2012
1:32 pm
Welcome dawgfan. What took you so long?
To Paraphrase Bill Curry
March 9th, 2012
1:32 pm
“Whatever. Pual will get us at least 2 more”
Two more years of probation maybe.
Supersize that order, mutt
March 9th, 2012
1:33 pm
@ Paraphrase, including yours, but in your case, I’m sure they weren’t intentionally funny on your part…..ignorance can be very funny at times
Thomas
March 9th, 2012
1:33 pm
GT Lee- you are right. There is not enough vaseline in the world for folks who have been f’d by the NCAA
Supersize that order, mutt
March 9th, 2012
1:34 pm
GT Lee, I think it should read NZAA instead of NCAA
Rick James
March 9th, 2012
1:34 pm
Even I as Georgia fan think this is garbage..
Omnipotent One
March 9th, 2012
1:35 pm
WnE – Quote “GT should/could have answered the NCAA’s allegation much better like other schools, but GT didn’t want to sit the players for the UGA game and hope they would be re-instated in time ala Cam Newton in time for the SEC-CG.”
——————————————————————————————-
Wrong. NCAA advised GT that they need not sit out any of their athletes from any of the remaining games in 2009. Once again, you are wrong. Goodbye.
To Paraphrase Bill Curry
March 9th, 2012
1:37 pm
“I do estate planning,”
PJ needs to call you then because GT is killing his career.
GT Lee
March 9th, 2012
1:38 pm
Super, why NZAA? What am I missing?
Supersize that order, mutt
March 9th, 2012
1:39 pm
GT Lee, think Nazi. Don’t you agree they operate in a fascist manner?
George Stein
March 9th, 2012
1:40 pm
Is that your idea of a joke, Paraphrase?
GT Lee
March 9th, 2012
1:42 pm
Seig Heil, Meine Fuhror!!!! Just not sure that that many people would get that if we put it on a t-shirt, Super…..I want the message to be loud, clear and unmistakeable….
UGASlobberknocker
March 9th, 2012
1:43 pm
I’m trying to feel bad for Tech since i think they got a harsher penalty than they deserved..but sorry I just can’t. There is something satisfying when the self righteous get caught being naughty. Looks like muggings and lack of women arent the only Tech probs these days.
Supersize that order, mutt
March 9th, 2012
1:44 pm
GT Lee, I think more people would get it than you realize. I didn’t make it up; I saw it on here several months ago, and I thought it was more than appropriate.
GT Lee
March 9th, 2012
1:44 pm
Troll hard, Slobber…..