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NCAA Basketball Investigation/Lawsuit Thread (merged)

link

7/1/05


Smith largely agrees with NCAA findings







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AP photo

New Ohio State athletics director Gene Smith talks in his office Thursday.



Hoops tickets available



COLUMBUS -- Tickets to Ohio State men's basketball games will be available for purchase beginning today, said Richelle Simonson, OSU associate director of athletics.


Season ticket prices for all 17 home games range from $221 to $306. Packages bought before Sept. 10 will also guaranteed access to season tickets through the 2008-09 season).


Call the Ohio State ticket office at (614) 292-2624 or (800) Go-Bucks, or visit www. ohiostatebuckeyes.com.
News Journal
staff report
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COLUMBUS (AP) -- Ohio State athletics director Gene Smith said Thursday his department's response to NCAA allegations is on schedule.

"I anticipate we'll have more sanctions," said Smith, who was hired in April to replace the retiring Andy Geiger. "What they'll be, I have no clue. It's difficult to tell. Precedents would play a part, but I also think they (the NCAA) look at a snapshot of the times we're in. It could be everything from taking down our banners to a loss of scholarships."

Smith was speaking from his sparsely decorated office at St. John Arena, a day after highly prized recruits Greg Oden and Mike Conley verbally committed to play basketball for the Buckeyes beginning with the 2006-07 season. The Indianapolis prep stars -- Oden is considered by many to be the top high school player in the country -- said Wednesday they were confident the NCAA would not come down hard on the Buckeyes.

Ohio State revealed a list of nine NCAA violations in May. Seven took place when Jim O'Brien was head basketball coach.

The football and women's basketball teams each were accused of one violation.

Ohio State has until July 26 to respond to the allegations -- basically elaborating on questions unearthed during the lengthy NCAA investigation. Penalties are expected to be announced this fall.

"All in all, we're going to be almost close to 100 percent agreement with the NCAA on the allegations," said Smith, himself a former member of the NCAA infractions committee. "I think we will present ourselves in a positive way to the infractions committee because of the way the institution collaborated with the NCAA and our corrective measures.

"The corrective measures are the education of boosters, some of the policies we have implemented, a quick response and the unfort- unate termination of the coach, sanctions for postseason play. All those things are positives."

Geiger fired O'Brien last June, several weeks after the coach admitted he gave $6,700 to a recruit.

The NCAA also charged for- mer Buckeyes player Boban Savovic received improper be- nefits from a booster throughout his career.

Anticipating further sanctions as the scope of the investigation widened, Geiger and university President Karen Holbrook announced in December that the current team -- coached by Thad Matta -- would not participate in the 2005 postseason NCAA or NIT tournaments.

Originally published July 1, 2005
 
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It could be everything from taking down our banners to a loss of scholarships.
Maybe I'm just an optimist, but after reading the Wake filth for weeks this sounds like further confirmation that another postseason ban (let alone two) is clearly out of the question. I thought that was the case all along, but it never hurts to hear the AD say it too.
 
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LINK

7/12/05

COLUMBUS, Ohio -- A judge ordered the NCAA to release all the documents on its investigation of the Ohio State University basketball program to former OSU basketball coach Jim O'Brien. Ohio Court of Claims Judge Joseph Clark also ruled Monday that those documents need not be kept confidential.

OSU fired O'Brien after he acknowledged giving a basketball recruit six thousand dollars in 1999. O'Brien says he was allowed to make the loan because the recruit wasn't eligible to play college ball.

O'Brien is suing OSU over his June 2004 firing and is seeking the $3.5 million dollars he would have been paid under his contract.

The NCAA could appeal Clark's ruling. NCAA offices were closed last night and officials could not be reached immediately for comment.
 
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cbssportsline.com

7/14/05

Yet another poor schlump becomes a speed bump

http://www.sportsline.com/print/autoracing/story/8536819 http://www.sportsline.com/emailafri...8643013&title=NCAA Division I Mens Basketball http://www.sportsline.com/xml/rss
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July 13, 2005
By Gregg Doyel
CBS SportsLine.com Senior Writer
Tell Gregg your opinion!
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[font=Arial, Helvetica]Ohio State has until July 26 to respond to NCAA allegations of improprieties under former basketball coach Jim O'Brien, but July 26 is not just a deadline. It's a detail.

See, the meat of this story has already been written. It was written at Purdue, Auburn and Missouri, and the formula never changes:

Identify a plausibly culpable assistant coach. Back up the bus. Run him over. Repeat, until the NCAA is satisfied.

At Ohio State, that assistant was Paul Biancardi, now the head coach at Wright State. The NCAA already has left tire marks on Biancardi's back, and on July 26, the Buckeyes will finish him off.

In its May 16 notice to Ohio State, the NCAA labeled Biancardi as the Buckeyes' primary offender. Ohio State will agree, possibly for self-serving reasons. Even though the Buckeyes fired O'Brien in June 2004, it's not in their best interests to find more dirt on O'Brien because -- if such dirt exists -- that would leave OSU vulnerable to double jeopardy: violations and the dreaded "lack of institutional control."

Better to paint someone else -- Biancardi -- as the bad guy and move on. Whether it's true won't matter. Biancardi's career will effectively be finished.

"There's precedent in these cases that a school will throw an assistant coach under the bus to avoid 'lack of institutional control' charges," said Biancardi's lawyer, Jim Zeszutek, who said he can't comment specifically on an ongoing NCAA investigation.

"An often-used argument of a school to the NCAA is that, although under NCAA terms there may have been a lack of institutional control, 'We've done everything we can to clear our name -- don't hold us out of the postseason, don't take us off TV and make us lose money.'"

This investigation isn't necessarily about finding the truth. It's about assessing blame -- and assessing it in a way that minimizes the damage to O'Brien, and therefore to Ohio State. If an assistant coach has to go down, so be it.

"I hate to say this, but assistant coaches are expendable," said Montgomery, Ala., attorney Donald Jackson, who has represented a number of coaches before the NCAA. "They get mulched up in the system. I once had a compliance director at a school -- and this was for football, not basketball -- tell me, 'Look, if anyone goes down, it's not going to be our head coach.'"

Officials at Wright State, Ohio State and the NCAA cannot talk about the investigation, but if you were wondering which way the wind was blowing, HBO's Real Sports with Bryant Gumbel made it clear. Last month, HBO did a lengthy segment on the OSU scandal without mentioning O'Brien's name or showing his face. The bad guy, according to HBO? Paul Biancardi.

It's hard to say who should be happier about that, O'Brien or Ohio State. The school already fell on the sword once because of O'Brien, removing itself from 2005 postseason consideration. Protecting him now is the best way to insulate the current staff and players -- who had nothing to do with the allegations -- from additional sanctions.

Protecting this innocent OSU regime is the right thing to do. Sacrificing Biancardi is the wrong way to do it, unless he's as guilty as Kathleen Salyers says he is.

Salyers is the infamous ex-nanny who started this mess by seeking repayment for services rendered to ex-OSU player Boban Savovic. Salyers says she gave Savovic thousands of dollars, fed and housed him, completed some of his schoolwork and had at least one grade changed, mostly at the urging of Biancardi.


"He told me to do whatever I had to do to keep (Savovic) eligible," Salyers told HBO, referring to Biancardi.

Biancardi's response to the allegations, also due July 26, is expected to attack Salyers' credibility. That includes a Feb. 27, 2004, letter Salyers' attorney wrote to O'Brien's attorney. The letter, written before Ohio State or the NCAA knew of Salyers' allegations, seeks a cash settlement. CBS SportsLine.com obtained a copy.

"I believe that this case can be easily settled and in such a way that it is tax deductible and I firmly believe that Coach O'Brien's reputation and intervention can aid in making the settlement happen," wrote Salyers' attorney, Jeffrey Lucas. "An LLC can be formed which buys all of the movie and books rights from Kathleen Salyers ... and this ugly case can be put to bed."

Hush money, in other words.

After O'Brien and Biancardi declined, Salyers went public with her story. The rest is history, sending Ohio State onto the path trod by Purdue, Auburn and Missouri.

Purdue happily agreed when the NCAA fingered assistant Frank Kendrick for a $4,000 bank loan secured by the family of a player in the mid-1990s. Head coach Gene Keady wasn't implicated, but Kendrick has been out of college coaching since. Maybe that's justice. Or maybe assigning blame to Kendrick was the path of least resistance for everyone else involved.

At Auburn, the school fought the most serious NCAA allegations of recruiting violations from September 2003, but tried to appease the NCAA by self-reporting a former assistant, Mike Wilson, for a lesser violation. When Wilson tried to fight the charge via conference call, Jackson said, neither the NCAA nor Auburn would get on the phone. Wilson was eventually cleared, and head coach Cliff Ellis was eventually fired (for performance reasons).

At Missouri, the school got rid of assistants Lane Odom and Tony Harvey last year while keeping head coach Quin Snyder, who vowed to do a better job of monitoring his staff.

In the case of Ohio State, it's possible that the NCAA and OSU are right -- that Biancardi is the Bogeyman, and O'Brien the kind-hearted coach who trusted his staff too much.

That's the story being pursued by Ohio State and the NCAA, anyway.

If it's the truth, well, that would be a bonus.

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Officials at Wright State, Ohio State and the NCAA cannot talk about the investigation, but if you were wondering which way the wind was blowing, HBO's Real Sports with Bryant Gumbel made it clear. Last month, HBO did a lengthy segment on the OSU scandal without mentioning O'Brien's name or showing his face. The bad guy, according to HBO? Paul Biancardi.
I didn't see the HBO segment, but if it's true that they never mentioned O'Brien's name, that's amazing. Hard to believe the topic of the 'scandal' could be covered without mentioning the head coach, especially since he was fired for the money that went to Radojevic.
 
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Delay in the NCAA investigation

Heard on 1460 that now OSU woun't have to answer the NCAA until 8/25/05 (instead of 7/29) and now the hearing date is not in September, but 12/9, 10/05

Apparently the NCAA changed the dates on their own, not OSU asking for more time.

Maybe this should be in the basketball forum, but I betcha the phones are heating back up to get some of the Thad4 to de-committ.
 
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Here's a report on the delay from the ozone.net

OSU Athletics: The department of athletic has just released the following statement regarding the NCAA investigation at OSU:
The NCAA has notified Ohio State that its date for responding to the NCAA’s Notice of Allegations has been moved from July 29 to Aug. 25. The University was notified of the change Tuesday afternoon. The NCAA also moved Ohio State’s hearing before the Infractions Committee from September to Dec. 9-10.

 
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NCAA has delayed the date for tOSU's response. This is from the.ozone.net

OSU Athletics: The department of athletic has just released the following statement regarding the NCAA investigation at OSU:
The NCAA has notified Ohio State that its date for responding to the NCAA’s Notice of Allegations has been moved from July 29 to Aug. 25. The University was notified of the change Tuesday afternoon. The NCAA also moved Ohio State’s hearing before the Infractions Committee from September to Dec. 9-10.

 
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Is the hearing the beginning of the NCAA deciding process? Or will they have a judgment for OSU in december?
The way I understand the process is that OSU will go before the infractions group in the fall and after that they should have a final decision 30 days later.

link

7/28/05



COLUMBUS, Ohio (AP) -- The NCAA has delayed its hearing on nine alleged rules violations at Ohio State, along with the university's response to the allegations.

Ohio State announced Wednesday that the NCAA had moved a hearing on the alleged infractions from September to December. The school's athletic department was scheduled to release documents responding to the allegations on Friday, but the NCAA pushed that deadline to Aug. 25.

The NCAA would not comment on the reason for the delay. A message seeking comment was left with an Ohio State athletic department spokesman.

Seven of the alleged infractions involve Ohio State's men's basketball team.

The NCAA accuses both former head basketball coach Jim O'Brien and former assistant Paul Biancardi of failing "to monitor the conduct and administration" of the basketball program from July 1998 to May 2002.

Last June, Ohio State fired O'Brien for arranging a $6,700 payment to the family of a recruit. In December, the school self-imposed a one-year postseason tournament ban on the men's basketball program.

The one football violation involved quarterback Troy Smith's acceptance of $500 from former OSU booster Robert Q. Baker in May 2004. Smith was suspended from the Alamo Bowl and this season's opener against Miami (Ohio).

Another NCAA finding involves an orthodontist allegedly providing free and discounted services to five women's basketball players.

Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
 
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link to 1460

Recruits appear set on OSU despite NCAA hearing delay
Thursday, July 28, 2005
Ken Gordon and Kathy Lynn Gray
THE COLUMBUS DISPATCH

The Ohio State men’s basketball team won’t know before the November early signing period what NCAA penalties it faces, but that doesn’t appear to have changed the minds of the players who have committed to the 2006 recruiting class.

Two days before OSU was scheduled to respond to nine allegations, the NCAA has moved the release date to Aug. 25. The hearing before the NCAA infractions committee has been pushed from Sept. 16-18 to Dec. 9-10.

That means the allegations — seven against men’s basketball and one each against women’s basketball and football — likely won’t be put to rest until 2006. The infractions committee generally takes 20 to 30 days after a hearing to levy punishment.

The December hearing date is significant because basketball recruits can sign a binding national letter-of-intent from Nov. 9 to Nov. 16.

Men’s basketball coach Thad Matta has received commitments from four highly rated players: Greg Oden, Daequan Cook, Mike Conley Jr. and David Lighty.

"The boys knew up front that (OSU) expected to get some sanctions from the NCAA," said Mike Conley Sr., who coaches Conley Jr., Cook and Oden on an AAU team, the Indy Spiece Heat. "I don’t think this (postponement) is going to impact their decision to go to Ohio State."

Conley did not rule out the possibility that some of the recruits could delay signing until the spring signing period, April 12-May 17. That way, they would know what sanctions OSU received before signing.

"From the outside looking in, (waiting until spring) sounds sensible," Conley Sr. said. "But I don’t want to say that’s what anyone is going to do until I talk to the kids. We’re taking this one step at a time."

Cook did not return a phone call.

The NCAA refused to comment on the postponement yesterday. OSU athletics director Gene Smith and Matta both had no comment.

Smith said in May he did not expect any more sanctions to be levied against the football team.

Earlier this week, a judge in the Ohio Court of Claims turned down a request by OSU attorneys to postpone the pretrial and trial dates 90 days in the lawsuit former men’s basketball coach Jim O’Brien brought against OSU.

O’Brien was fired after admitting he gave a Serbian recruit $6,700 in 1999. He is claiming his firing was a breach of contract.

The pretrial hearing in O’Brien’s lawsuit was scheduled for Sept. 16 and the trial for Oct. 11. Rather than grant OSU its 90-day delay, the judge moved the pretrial back just four days, to Sept. 20.

OSU attorneys asked for the postponement so the NCAA hearing could go on as scheduled.

That needed to happen, the attorneys wrote, to help the "recruitment of student-athletes, the rebuilding of the OSU men’s basketball program and the removal of any clouds of rumor, innuendo and uncertainty which — in and of themselves — can harm and prejudice the university and especially its student-athletes."


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Jim O'Brien Loses Summary Judgment in Ohio State Termination

FORMER OHIO STATE COACH JIM O'BRIEN LOSES MOTION SEEKING SUMMARY JUDGMENT IN HIS SUIT CHALLENGING HIS FIRING LAST YEAR; CASE IS EXPECTED TO PROCEED TO TRIAL
In December 1998, Ohio State basketball coach Jim O'Brien learned that the family of one of the athletes he was recruiting to play for the Buckeyes, Alex Radojevic, was in financial difficulty. Radojevic's father had died on September 8, 1998, leaving Radojevic's disabled mother to take care of his sister and two brothers. O'Brien loaned Radojevic $6,000 to send back to his mother in their native Yugoslavia to help take care of the family. Such a loan is a violation of NCAA Rule 13.2.1, which prohibits a school or a coach from making non-scholarship related financial inducements to a prospective student-athlete.

Radojevic never played for the Buckeyes, nor had he signed a letter of intent to play for Ohio State, as he was declared to be ineligible to play college basketball by the NCAA because he had played pro basketball in Yugoslavia. At the time of O'Brien's loan, Radojevic played for Barton Community College (Kansas). He graduated from Barton in 1999, was selected by the Toronto Raptors in the first round of the 1999 NBA draft (12th overall), and currently plays with the Utah Jazz. Radojevic averaged 1.6 points per game and 2.3 rebounds per game in the 12 contests he appeared in during the 2004-2005 season.

Ohio State was unaware of the loan until April 2004 when O'Brien disclosed to Ohio State Athletic Director Andy Geiger that he had made a loan to Radojevic. O'Brien told Geiger during a meeting that he now wanted to let him know about the loan because he expected the media would learn about the loan during the course of a lawsuit involving a former Ohio State player. O'Brien informed Geiger that a few weeks earlier, former OSU player Slobadan Savovic had been sued by a Kathleen Salyers in the Court of Common Pleas for Franklin County, Ohio, for unpaid bills related to housing, meals, and clothes that she had provided to him. Salyers, a Columbus, Ohio-area housekeeper, claimed that certain Ohio State alumni had promised to pay her for providing housekeeping and cooking services to Savovic, but they had reneged on the deal. An Ohio court dismissed Salyers suit earlier this year.

Salyers suit did not allege any wrong doing on the part of OSU or any of its personnel, but O'Brien believed the fact that he had made a loan to Radojevic could come out during the course of the trial. Geiger told O'Brien that he "appreciated" that he was informed of the loan and that it was "concerning." OSU self-reported the possible violation to the NCAA approximately three weeks after O'Brien informed Geiger of the loan and they immediately launched an investigation into the matter. The University eventually concluded that O'Brien's violation was, in fact, "significant" and that he should no longer continue as the Head Coach of Ohio State men's basketball. O'Brien was fired by OSU on the morning of June 8, 2004, after he refused Geiger's request that he resign.

O’Brien finished his seven-year tenure at the school with a record of 133-88 (.602), giving him one of the best coaching records in the history of Buckeye basketball. However, OSU struggled in their last two seasons under O’Brien’s helm, finishing 17-15 in 2002-2003, and 14-16 in 2003-2004. At a press conference announcing O’Brien’s termination, Geiger was asked by a reporter whether OSU’s record in the previous two seasons had anything to do with the firing, but Geiger stated that O’Brien’s coaching record was not a factor in the decision to fire him.

At the time of O’Brien’s firing, the NCAA had not imposed any sanctions on Ohio State for the incident; however, several additional allegations involving NCAA rules violations have been made during the past year and it is very likely that the OSU men’s basketball program could face severe sanctions for other actions taken by O’Brien and some of his assistant coaches.

O'Brien sued Ohio State for allegedly breaching his employment contract by failing to pay him severance benefits. The contract provided that O’Brien was eligible for severance benefits if he was not terminated “for cause.�

O’Brien’s attorneys filed a motion for summary judgment earlier this year, claiming that the validity of his claims were so self-evident that the court could find in his favor without holding a trial. While many it is common to file such a motion in a civil case, motions for summary judgment are granted very infrequently by the courts.

In the motion, O’Brien argued that because his employment specified certain NCAA rules violations for which he could be terminated “for cause�—such as taking any action which resulted in the men’s basketball team being banned from post-season play—he could not be terminated for any reason other than those enumerated in the contract. O’Brien claimed that OSU’s breach of the contract was self-evidence because the University admitted that it terminated him for a reason other than those enumerated in the contract.

The court did not buy O’Brien’s argument. It noted that another section of the same contract stated that O’Brien could be terminated for “for cause� for any “material breach� of the agreement, then found that O’Brien’s act of loaning money to Radojevic was a material breach since it could—and may yet still—result in disciplinary action by the NCAA against the University. The court found that O’Brien’s action could be construed as a violation of other sections of the contract which prohibited him from engaging in “improper conduct that, in Ohio State’s reasonable judgment, reflects adversely on Ohio State or its athletic programs,� or another clause prohibiting him in engaging in behavior which could result in a “major infraction investigation� by the NCAA.

The court held that the list of NCAA rules violations in the contract for which O’Brien could be terminated was, therefore, not exclusive and his firing was “for cause� under the terms of the contract, based on the evidence presented in the motion for summary judgment. The court refused to grant O’Brien’s motion for summary judgment and ordered that the case proceed to trial. The same court, earlier this month, also granted O’Brien access to certain Ohio State internal documents related to his termination so that he could prepare for the trial.

The case is O’Brien v. The Ohio State University, 2005 Ohio 3335 (Ohio Ct. Cl. 2005).

 
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