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
Tell us what you think about the site
Customer Care »
Vacation stops, manage subscriptions and more
AJC Services
Sections
Other Editions
Visitor Agreement | Privacy Statement
© 2013 The Atlanta Journal-Constitution
518 comments Add your comment
UGA Insider
March 9th, 2012
3:17 pm
See this column USCe fans??????? AJC is going to be writing the same article about you very soon. That coveted 2010 SEC East trophy is lone gone!
WnE
March 9th, 2012
3:19 pm
re:
So you do back off things, WnE?
_____________
Uh no I don’t.
What do you want me to do, It should be very obvious that I’m not going to stop posting over some small minutiae that you try to blow up as a major mistake.
Continue with your Cut & paste but you’re simply wasting your time & your keystrokes.
BTW, with all the attacking of the messenger, I notice that there is very little impeaching the logic of my posts as they relate to GT becoming an Elite CFB program.
Most GT fans know that CPJ cannot take GT to an Elite Level and that things will only get worse as his Recruits populate the Roster 100% , yet they delude themselves into thinking that he’s the best we can ever hope for.
Now compare that to “we’ll play for MNCs in his 3rd, 4th, & 5th seasons”, this is what GT fans were saying after 20-wins-in-2-years.
Now they’re saying that 8-win seasons are OK and that he’s the best we can hope for at GT.
Are you really happy with that for GT FB?
George Stein
March 9th, 2012
3:22 pm
There is no impeaching of your logic because your posts are devoid of both facts and logic. You also assume your insane ramblings are worthy of our time.
You’re clearly a lying loser who will not or cannot live by your own words.
GT Lee
March 9th, 2012
3:22 pm
and a psycho
Just the facts, maam
March 9th, 2012
3:24 pm
Damn, how long has it been Headley? Hope you have been well, have really missed your original insights. Welcome back.
George Stein
March 9th, 2012
3:24 pm
I don’t disagree, RedandBlack.
Tony Smith
March 9th, 2012
3:25 pm
Eventually, the big schools will grow weary of the NCAA’s inconsistent enforcement. They will form their own organization separate from the NCAA. The NCAA needs fewer rules and more consistent enforcement.
George Stein
March 9th, 2012
3:26 pm
Amen, Tony.
WnE
March 9th, 2012
3:27 pm
re:
There is no impeaching of your logic because your posts are devoid of both facts and logic. You also assume your insane ramblings are worthy of our time.
You’re clearly a lying loser who will not or cannot live by your own words.
____________
You didn’t address the change in expectations from the GT Fans from “we’ll play for MNCs when he get HIS players in here” to:
I’m OK with an 8-win season and I HOPE we can play well vs. UGA and keep the score “close”.
Why didn’t you address that?
The MAIN REASON we are here, you know the FB-related Stuff!
You ignore the SUBSTANCE to focus on my “style”.
5 star recruits, 2 star results
March 9th, 2012
3:30 pm
Can we see another picture of “your” Tech class ring, WNE? And please include a picture of a current lottery ticket to authenticate it.
George Stein
March 9th, 2012
3:31 pm
Give me a citation for where people were saying that. Or better, show me where I said that, WnE.
GT Lee
March 9th, 2012
3:32 pm
LOL @ 5 star
Tech82
March 9th, 2012
3:32 pm
Keep in mind we are complaining about an institution (the NCAA) who found five players at Ohio State were ineligible but still allowed them to play in their bowl game. Their penalty was not to be administered until the following season. Of course they all subsequently turned professional thus, paying no penalty at all. At Tech we had a player who WAS NOT deemed ineligible but the school was stripped of a conference championship.
All hail the NCAA – the institution that is all about fairness and integrity in intercollegiate competition.
Mike
March 9th, 2012
3:33 pm
The 2009 ACC champions are GT just ask Clemson!!!
DIT
March 9th, 2012
3:33 pm
Just my opinion, but tech got hosed. The problem was this came out during the time that Ohio State scandal came out. The NCAA acted like a bunch of babies and decided to make a nothing incident into a major issue to show their butts.
Yes, it was a secondary violation, but compared to other things going on at the time and what they did not do to some of these other violators… This sucks!
Of curse we all know that according to the NCAA, that $312 worth of clothing was the reason why tech won the ACC Championship….. Absurd!
Tech82
March 9th, 2012
3:35 pm
WnE – Your “style” could be measured with negative numbers.
TWICE IN LESS THAN ONE DECADE
March 9th, 2012
3:37 pm
As I was saying, before I was so rudely interrupted by this tacky appeal ……………Tech is full of liars and two bit cheats and theif sad, pitiful ACC trophy is GONE for good !!!
NO titles, no AA players, no bowl wins and nothing but empty, worthless, useless, rushing stats and that NFL ring of Al Groh that CPJ promised would lure in some 4 and 5 star D kids. AAAAAAAAAAAAAHAHAHAHAH,AAAAAAAAAAAAAAHAHAHAHAHAHHA
DENIED Tech is. AAAAAAAAAAAAAAAHAHHAHAHA, AAAAAAAAAAAAAAHAHAHHAHA
PS …………….be very careful around your dangerous, dangerous campus.
GT Lee
March 9th, 2012
3:38 pm
what “style” would that be? obsessive hate-filled psycho ??????? didn’t realize that was a style….
GT Lee
March 9th, 2012
3:39 pm
troll hard, twice
George Stein
March 9th, 2012
3:39 pm
That was insightful, twice.
Mike
March 9th, 2012
3:40 pm
Blogs: Where insignificant people can pretend to be relevant and all knowing without fear of people knowing they’re unemployed and still live at home in their parents basement!
WnE
March 9th, 2012
3:41 pm
re:
5 star recruits, 2 star results
March 9th, 2012
3:30 pm
____________
Please tell me how you would “prove” that you are GT Graduate if someone claimed that you were not simply because they disagreed with your FB opinions?
DIT
March 9th, 2012
3:42 pm
Guys, sorry about “TWICE IN LESS THAN ONE DECADE”
This guy is embarrassing to us Dawg people. Just ignore him for he must not have much going on in his life.
5 star recruits, 2 star results
March 9th, 2012
3:44 pm
I took a the bb that killed president Kennedy to my local pawn shop. Guy almost laughed me out of the place until I was able to authenticate it with a scratch off ticket.
WnE
March 9th, 2012
3:44 pm
re:
Just my opinion, but tech got hosed. The problem was this came out during the time that Ohio State scandal came out. The NCAA acted like a bunch of babies and decided to make a nothing incident into a major issue to show their butts.
Yes, it was a secondary violation, but compared to other things going on at the time and what they did not do to some of these other violators… This sucks!
Of curse we all know that according to the NCAA, that $312 worth of clothing was the reason why tech won the ACC Championship….. Absurd!
______________
It’s never the “crime” itself but usually the response or the cover-up that the NCAA comes down hard on and that is where GT & DRrad especially really screwed up.
UGA = Yawn
March 9th, 2012
3:44 pm
I know really. $312 worth of unused clothing helped us beat Clemson! lol. The NCAA is just assinine. They need to be dissolved.
BOX UP THE TROPHY
March 9th, 2012
3:46 pm
BUHUHUWAHAHAHAHAHAHAHAHAHAHAHAHAHAAHAHAHAHAH
5 star recruits, 2 star results
March 9th, 2012
3:46 pm
Sorry, wne, it was not a serious request. I was just making fun of you. I have no need for you to prove anything to me. Remember, if everyone around you is laughing and you’re not, either you didn’t get the joke, or you are the joke.
Just the facts, maam
March 9th, 2012
3:48 pm
Twice, perhaps you should wait until there is an adult present to proofread before you submit your next comment.
DIT
March 9th, 2012
3:49 pm
@WnE
I agree the cover up hurt, but still and again this is my opinion, take away a few scholarships or a bowl game, but I thought it was extreme to take the ACC Championship away from them.
George Stein
March 9th, 2012
3:49 pm
Explain to us all, Wne, using your superior logical skills, how Tech could have sat Thomas and Burnett without the head coach knowing.
This should be good.
GT Lee
March 9th, 2012
3:51 pm
FYI baseball score Tech up 3-1 top 3rd….
WnE
March 9th, 2012
4:00 pm
re:
Explain to us all, Wne, using your superior logical skills, how Tech could have sat Thomas and Burnett without the head coach knowing.
This should be good.
_______________
DRad could have simply not told CPJ anything and then allowed them to continue to practice, meanwhile asking the NCAA to immediately “re-instate” them.
If the reinstatement doesn’t come through, break the bad news to CPJ right before the UGA Game,a game which we lost anyway and AVOID FOUR YEARS PROBATION.
Because of the FOUR YEARS PROBATION, we now have to sweat the Todd Spencer Text-gate situation because IF we caught there we will considered REPEAT OFFENDERS BY THE NCAA.
None of the above is worth damaging the long term viability of the FB Program just to play 2 guys vs. UGA no matter how good they are.
If DRad were worth his fat salary, he would handled thing like I outlined above and let the players continue to practice while pursuing everything administratively behind the scenes without CPJ knowing and then making a decision by game time based on whether or not the players were cleared by the NCAA.
What would YOU have done, the exact same thing as DRad and risk 4 yrs. of probation?
GTBob
March 9th, 2012
4:04 pm
A. An A She She title really isn’t worth anything anyway. If that’s your top accomplishment you really haven’t done anything.
I am guessing by your logic that winning the National Championship is the only thing that qualifies as an accomplishment, right?
GTBob
March 9th, 2012
4:08 pm
DRad could have simply not told CPJ anything and then allowed them to continue to practice, meanwhile asking the NCAA to immediately “re-instate” them.
Neither of the players were ever declared ineligible. How could the NCAA reinstate them?
Just the facts, maam
March 9th, 2012
4:09 pm
Wne, your scenario above hinges on drad having knowledge before hand what the ultimate outcome of his actions would be. Given hindsight, I feel pretty confident that if he thought that there was even a chance of a loss of a title, probation, fine etc, he would have been more conservative in his decision making. But given the general consensus that these penalties far outweigh the severity of the infractions, I don’t think he acted completely out of line. You have the benefit of hindsight, knowing what the outcome was and being able to use that in your decision, drad did not have that luxury. Given that, if he did know the potential severity of the outcome, and proceeded anyway, serious consideration should be given to whether or not he should keep his job.
George Stein
March 9th, 2012
4:09 pm
HE COULD NOT TELL JOHNSON ABOUT THE INVESTIGATION, WNE.
This is not difficult.
George Stein
March 9th, 2012
4:10 pm
I would have told Johnson, because that’s the only thing that makes any damn sense.
RocketCityJacket
March 9th, 2012
4:14 pm
The NCAA must go. They remind me of the Obama Administration. Corrupt and egotistical as he!! with no one to answer to. They both do as they please and are both getting away with it.
The NCAA should stand for:
Narcissistical & Corrupt Athletic Association
So you don’t have to look it up, here is the definition:
“A narcissist exhibits pervasive grandiosity — sometimes through behavior, sometimes in fantasy. A narcissist needs to be admired and shows little or no empathy or concern for the problems, difficulties, or even the interests, of others.”
Boot Licking Toadie
March 9th, 2012
4:15 pm
Disappointing but not unexpected. This will be the tool for measuring UNC, Miami and OSU. I’d say it’s harder on the kids that played the football games than CPJ or DRAD. I have doubts about the integrity of the NCAA. Sean Bedford said it best in his letter to the NCAA.
We Own You
March 9th, 2012
4:18 pm
arrogant cheaters…..got off light
and STILL can’t compeat with UGA
Boot Licking Toadie
March 9th, 2012
4:20 pm
Have not read all the post. What’s the approximate percentage of dwagtrolls? Have people been throwing rocks at glass houses?
George Stein
March 9th, 2012
4:20 pm
You probably don’t own anything and you probably lease your car.
Boot Licking Toadie
March 9th, 2012
4:21 pm
@We Own You, who do you own and why? It’s against the law.
George Stein
March 9th, 2012
4:21 pm
Probably around a quarter to a third, all of whom may or may not be the same person, BLT.
GT Lee
March 9th, 2012
4:21 pm
Tech 7 NC ST 2 bottom 4th
GT Lee
March 9th, 2012
4:23 pm
compeat with UGA? what the hell does that mean?
Boot Licking Toadie
March 9th, 2012
4:23 pm
“compeat” is that a new type of compost? Or is that your drivel? Do you have a drool bucket?
DawgInaTruck
March 9th, 2012
4:28 pm
This entire situation has been hard to understand. I’m not a conspiracy theorist so I don’t necessarily believe the NCAA had some hidden agenda here but none of this has made sense from the beginning. I believe you folks are the victims of a bad decision on this one.
WnE
March 9th, 2012
4:30 pm
re:
Wne, your scenario above hinges on drad having knowledge before hand what the ultimate outcome of his actions would be. Given hindsight, I feel pretty confident that if he thought that there was even a chance of a loss of a title, probation, fine etc, he would have been more conservative in his decision making. But given the general consensus that these penalties far outweigh the severity of the infractions, I don’t think he acted completely out of line. You have the benefit of hindsight, knowing what the outcome was and being able to use that in your decision, drad did not have that luxury. Given that, if he did know the potential severity of the outcome, and proceeded anyway, serious consideration should be given to whether or not he should keep his job.
___________
DRad was given explicit instructions by the NCAA, an organization that severely punishes non-cooperation, given the NCAA’s history, IMO he had no choice other than to not tell CPJ anything and to try to get the players cleared before the next game.
You never want the NCAA to think that you purposely didn’t cooperate.