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LOS ANGELES—The NCAA was "malicious" in its investigation of a former Southern California assistant football coach who was linked in a report to a scandal surrounding Heisman Trophy-winning tailback Reggie Bush, a judge said Wednesday.
The NCAA's report on ethical breaches by Todd McNair was flawed, and the former coach has shown a probability he can win his defamation claims, Los Angeles Superior Court Judge Frederick Shaller said.
The NCAA had sought to have the case dismissed, but Shaller disagreed. He said after reviewing sealed documents in the McNair inquiry, which was tied to a gift scandal involving Heisman Trophy-winner Reggie Bush, he was convinced that the actions of NCAA investigators were "over the top."
His ruling states emails between an investigative committee member, an NCAA worker and a person who works in the agency's appeals division "tend to show ill will or hatred" toward McNair.
Laura Wytsma, an attorney for the NCAA, declined comment but said during the hearing that the ruling would be appealed. A message to the agency was not immediately returned.
McNair sued the NCAA in June 2011, claiming the association's investigation was one-sided and his future earnings were hurt by its report on the scandal, which led to sanctions against USC. The NCAA determined McNair lied about knowing about some of the gifts lavished on Bush's family by two aspiring sports marketers who hoped to land the future NFL player as a client.
The NCAA imposed a two-year bowl ban and scholarship restrictions on USC last year as a result of the Bush case. McNair was prohibited from contacting recruits and his USC contract was not renewed.
Shaller said he would unseal the entire inquiry into McNair, but would hold off on release of the records for a month to allow an appeal. "I think the public has a right to know," he said.
McNair's attorney Bruce Broillet declined comment, citing the sealing order in the case. He said during the hearing that the records showed the agency knew it was relying on false statements about McNair's conduct and wanted to "nail" the coach, who also played in the NFL.
"They wrote evidence the way they wanted it to be—that's malice," Broillet said.
Wytsma rejected that contention in court, saying the evidence in the case show the committee that investigated McNair was trying to get its report right.
"They were struggling to get the right result," she said, adding that several members of the investigative committee were prominent lawyers and legal scholars.
She also argued that records in the case should not be unsealed, saying it would hurt future investigations. The NCAA does not have subpoena power. http://www.pasadenastarnews.com/california/ci_22044318/judge-says-ncaa-malicious-usc-investigation
This was kind of expected by anyone has followed the case but it doesn't do USC any good except to confirm what we already knew.
Looks like another perfect day.
At this point, dragging these people's name through the mud is somewhat satisfying. Let everything be exposed.
"high-profile athletes demand high-profile compliance."
Isn't McNair's attorney a close friend of Pat Haden?
This post was edited by usctrojan1 20 months ago
"Here are provided seats of meditative joy, where shall rise again the destined reign of Troy." Virgil
NCAA serves a purpose, and Bama was guilty in the Means case back in 2000 or so, so we deserved to get hit. The problem is when the NCAA breaks their own rules to take secret testimony from people who have an axe to grind and ruin the reputations of people who were NOT guilty. Businessmen, who proof was never found against, had their names, reputations, families, and businesses drug through the mud because someone provided secret testimony against them. I'm not talking about Means, I'm talking about guys in other cities who never heard of Means. When they investigate, they take the shotgun approach, and in that particular case they nearly ruined men based on innuendo, then never so much as offered an apology after they had to drop it. They also ignored the 4-5 other schools, who Means' coaches DID blow the whistle on for offering cash...just not as much as Bama (unfortunately).
In subsequent cases, the NCAA has been MUCH more careful about testimony and evidence, even though they don't technically have the burden of proof. They still get a hard on for a program and hammer them, but you won't see them using secret witnesses anymore...at least not admit to doing it.
Did. Not. Read.
Just wanted to @ the NCAA. That's all.
This post was edited by dukeb15 20 months ago
Not a good 24 hrs for The NCAA.
Nothing new. The NCAA are a bunch of clowns. McNair is about to be stupid paid.
No need for common sense. It's the NCAA's fault that Bush was payed, USC knew nothing about it.
I can't believe any player at SC would take money from an agent.
Would never happen at a place like ND. All Irish shit rainbows and fart honeysuckles.
Currently serving the Los Angeles County Superior Court of California as a Family Law Judge, Frederick Shaller is a graduate of the University of Southern California. After completing a Bachelor of Arts in English, Judge Shaller attended Loyola Law School in Los Angeles, earning his Juris Doctor in 1979.
Retribution for having a Notre Dame athletic admin, Oregon admin, and Paul f****** Dee on our COI IMO.
Doesn't matter anyway, when all of the NCAAs info gets leaked we will see what happened one way or the other.
4. Jack off
Judges/attorneys in Southern California without USC ties will be very difficult to find. USC has a very good law school...Pat Haden also received his law degree from Loyola.
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