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
George Stein
March 9th, 2012
5:17 pm
Of course it’s cut and dry to you. You have an IQ in the 70’s and an ax to grind.
HighTech
March 9th, 2012
5:18 pm
dressedcheeseside
There is no way in hell he can ever call himself a Tech fan, or a Tech man for that matter, after this. It’s one thing to do it on a GT board, its something completely different to go to the recruits and bash GT. Is anyone really surprised?
George Stein
March 9th, 2012
5:20 pm
He’s unbelievable, HT. In the face of facts, he will not change. In related news, he thinks the Earth is flat.
George Stein
March 9th, 2012
5:20 pm
I’m going for a run. I’ll be looking for that Cam Newton info, WnE.
HighTech
March 9th, 2012
5:23 pm
GaTech Navy Nuke
Wrecks is sad and twisted. Hate & jealousy have consumed him. Kind of reminds me of Gollum, except there is no evidence that Wrecks ever had anything worthwhile.
sports
March 9th, 2012
5:28 pm
dirt bag cheaters never win!
GT Lee
March 9th, 2012
5:30 pm
thanks for the witty and insightful input, sports
Boot Licking Toadie
March 9th, 2012
5:32 pm
I will say that “Wrexie” has a few slightly marketable catchphrases. He should spend more time trying to get them trademarked and less time cyber stalking kids.
Supersize that order, mutt
March 9th, 2012
5:35 pm
To those of you saying that DRad could have suspended the players without telling Johnson, imagine this scenario —
UGA AD to CMR — Coach, I have suspended A J Green for the Tech game
CMR to UGA AD — OK, boss, whatever you say.
Now does anybody really think something like that could have EVER played out in that manner? If you say you do, then you’re either fools or liars.
GT Lee
March 9th, 2012
5:37 pm
BLT, I think he should go find a team to ROOT FOR instead of hating on GT 24/7. Too much pent-up hatred will only make him a bitter old man ( see the pic George posted earlier). Good Grief!
HighTech
March 9th, 2012
5:51 pm
LOL @ GaTech Navy Nuke
He is Gollum and that class ring he posts a picture of is his precious.
LOL
WnE
March 9th, 2012
5:52 pm
re:
The interviews were not conducted until November 18, you dolt.
_______________
Yes!
The NCAA gave the compliance director & DRad the opportunitly to logistically set-up the interviews so that they SAs could be interviewed WITHOUT the HC or anyone from GT legal dept. prepping them.
But GT didn’t listen to the NCAA and instead that prepped the SAs on Nov. 16th AFTER FIVE DAYS of deciding how they were going to handle the NCAA allegations.
GT Lee
March 9th, 2012
5:55 pm
GT 14-6 top 9th
Tech Guy
March 9th, 2012
5:57 pm
This is just one example of the harm ADRad has brought to our great institution. He should have been fired.
NCAA Stinks like rotten Tuna
March 9th, 2012
5:59 pm
It’s baseball bat to knee cap time……..
WnE
March 9th, 2012
6:00 pm
George Stein, even if the NCAA did interview the SAs on Nov. 18th & 19th, that is immaterial since GT & DRad & GT’s Compliance gys JUMPED THE GUN and prepped at least one of the SAs on:
wait for it……….
wait for it……….
NOVEMBER f’n SIXTEENTH!
The NCAA interviewing the SAs on Nov. 18th & 19th is immaterial since the GT Compliance guy & DRad had the athletes prepped on Nov. 16th in VIOLATION of specific NCAA instructions.
How can you argue that Steinie?
Supersize that order, mutt
March 9th, 2012
6:05 pm
@ WnE, how can YOU argue with the fact that you promised never to post on these blogs again if you ever posted a falsehood. George had reminded you over and over of that promise and of at least two falsehoods you have posted, and yet you continue to post. Do you have no integrity?
Supersize that order, mutt
March 9th, 2012
6:07 pm
Of course, that was a rhetorical question, because anybody with any common sense knows that someone who would cyber stalk a minor obviously has no integrity.
GT Lee
March 9th, 2012
6:10 pm
Final in Raleigh, GT 14-6.
roadrunner
March 9th, 2012
6:13 pm
If the NCAA tells Tech that a rattlesnake can pull a freight train, they want Tech to hook him up in the harness.
George Stein
March 9th, 2012
6:46 pm
What’s the difference when Student Athlete #2 was spoken to? There was no evidence to suggest Student Athlete #2 was “prepped,” either. The issue here is Student Athlete #1. He was not spoken to. We received notice on November 24, 2009 about his potential ineligibility.
Where’ your Cam Newton homework?
Boot Licking Toadie
March 9th, 2012
7:01 pm
It was a huge conspiracy by coach “fish fry” correct WnE?
If only they had consulted you all would well. Geez
gt4ever
March 9th, 2012
7:08 pm
NCAA=Total Bull$hit!
Supersize that order, mutt
March 9th, 2012
7:10 pm
WOW, gt4ever, you mean we actually agree on something? LOL
just sayin'
March 9th, 2012
7:10 pm
I say we just go over to Benchmark trophies on Northside Drive, and order our own trophy to display.
Supersize that order, mutt
March 9th, 2012
7:11 pm
I don’t think WnE ever posts after dark. I guess the nurses don’t like to leave him unattended at night.
Supersize that order, mutt
March 9th, 2012
7:12 pm
The ACC should make a statement by refusing to take the trophy back. Of course they won’t, but they should.
George Stein
March 9th, 2012
7:14 pm
He often posts at like 6:30 in the morning, Supersize, because he can’t get enough Tech.
Hayseed Dixie
March 9th, 2012
7:18 pm
This is utter nonsense.
NCAA or no, ask the Clemson fans at Raymond James who the ACC champs are.
I’d be outraged, but the NCAA is an inconsistent and amorphous cabal not unlike many other common business interests.
The only thing you can do is support organizations that attempt to have some integrity. Fortunately the Institute qualifies.
Supersize that order, mutt
March 9th, 2012
7:18 pm
Well, I think I speak for all of us when I say that Tech has had enough of him
HighTech
March 9th, 2012
7:19 pm
John Patrick Mason @WrecksNEffect
You’re delusional Vad & you’re setting yourself up for a HUGE disappointment sooner rather than later, Nesbitt has more arm strength than U
Former Georgian
March 9th, 2012
7:22 pm
What was Tech doing with that ACC trophy anyway? Georgia was the real ACC champ that year!
HighTech
March 9th, 2012
7:23 pm
Just like Boise State is the SEC East champion this year. Makes perfect sense.
George Stein
March 9th, 2012
7:26 pm
He keeps it classy, HT. I still wish I knew what you did to piss him off so much because I would totally do it, too.
George Stein
March 9th, 2012
7:27 pm
It’s co-championship between Boise and Michigan State, HT.
HighTech
March 9th, 2012
7:29 pm
FL Jacket…here’s another discussion, if you care to read anymore, about WnE trying to sabotage Vad Lee’s recruiting:
http://www.stingtalk.com/forums/showthread.php?t=51242&page=12
HighTech
March 9th, 2012
7:40 pm
George Stein
March 9th, 2012
7:26 pm
He keeps it classy, HT. I still wish I knew what you did to piss him off so much because I would totally do it, too.
—————————————
He may have given a hint at 2:44 and 2:56 today. Posting things or links to things he said in the past. Maybe the fact he was banned from bbuzzoff.com hurt his feelings. Maybe the fact he can only post his hate for Coach Johnson here because some of the other GT Sports websites have banned him has him worried he will lose one of the only remaining outlets he has once Ken and Michael Carvell ban him. All he will have left after that is his pitiful Kung Fu Panda themed twitter page.
HighTech
March 9th, 2012
7:41 pm
Co-champions. LOL
FL Jacket
March 9th, 2012
7:41 pm
HT…
I think I’ve seen all the crazy I need to see between WeenE and the NCAA today to last me for awhile…
Sautee Dawg
March 9th, 2012
7:42 pm
All that punishment for a lousy $300.00 worth of clothes.
2009 was also the same season that saw a certain Alabama player wear a different hand tailored suit to every Alabama game of the season.
Who’s running this circus? Clowns could do better.
HighTech
March 9th, 2012
7:46 pm
Mental wounds not healing
Life’s a bitter shame
I’m going off the rails on a crazy train
George Stein
March 9th, 2012
7:49 pm
Not bad, HT.
Agree, Sautée Dawg. It’s a friggin’ banana republic.
Mama says
March 9th, 2012
7:50 pm
Question here, if the ruling indicated that it was speculation that no advantage was gained isn’t it speculation that an advantage was gained ?
Gomer Pyle
March 9th, 2012
7:52 pm
Shame, shame, shame.
HighTech
March 9th, 2012
7:54 pm
Sautee Dawg…clowns may be overqualified. Could we interest you in adopting WnE as a Dawg fan? I’m sure Coach Richt could use his superior ability to evaluate talent on the recruiting trail.
Doug Dickey
March 9th, 2012
7:57 pm
They should hang a banner in the end zone stating “Best in the ACC -2009″ like we did in 1984
Sautee Dawg
March 9th, 2012
8:02 pm
School was right in their argument that penalizing all of Tech’s players for the mistake of a few players was not fair at all.
My thoughts are why take back a conference title that nobody else is going to get? Lets face it, the NCAA’s not going to award the ACC title to the runner up of the 2009 championship game. Why not leave it with Tech?
The person who should be held most responsible for this is whoever made the decision to let the 2 players play in a game of this magnitude knowing they were under investigation.
Old Blind Dawg
March 9th, 2012
8:05 pm
Pretty stiff penalty for a pretty insignificant infraction. Perhaps the NCAA has a bone to pick with GT or CPJ or what’s his name (the AD) and used this minor deal to kick them in the snuts.
Supersize that order, mutt
March 9th, 2012
8:06 pm
Sautee Dawg, the point is that both the ACC and the NCAA cleared them to play. The NCAA just objected to the “treatment” they got while working with DRad
Sautee Dawg
March 9th, 2012
8:08 pm
HighTech. I apologize. That was probably a low blow to the clown industry.