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Boise State Is Not Ohio State... Wait, What?

As you may have heard, Boise State just got slapped with a potential lack of institutional control violation by the NCAA.

We'll get to Boise State in a moment.  First, though, a review of the compliance fail situation at Ohio State:  Players do blatantly, flagrantly NCAA-illegal activities, Tressel is made aware of them, Tressel plays them in bowl game anyway, Tressel is caught, Tressel lies about it, Tressel is caught lying, Tressel lies a second time, Tressel is caught lying again, the NCAA sends its Notice of Allegations, which goes not an inch further than what is already conclusively established.

Now, Boise State: The tennis coach does something blatantly, flagrantly NCAA-illegal, the football team provides basic necessities for recruits, and the NCAA sends its Notice of Allegations, which includes a lack of institutional control.

Am I oversimplifying? Yes, and no. Yes, in the sense that what the Boise State tennis coach did (playing a non-collegiate athlete) was about as bad as it gets.  But no, because in both instances what the NCAA is really attacking with their response is one egregiously stupid, willful violation.  I suppose the Boise State tennis coach was technically worse than Jim Tressel, in the sense that Tressel didn't strap a helmet on Vince Young and pretend he was Terrelle Pryor, but beyond that, it seems to me a distinction without a difference.

These were blatant, willful, knowing violations.  The only real difference is that with Boise State, the NCAA took the egregious violation and tacked on a bunch of crap you'd be surprised to hear a school self-reported: "Uh, we think Kellen Moore provided a couch for a recruit to sleep on. Also, too: It's possible the recruit used Mr. Moore's toilet paper when he dropped a deuce."

I wish I were exaggerating. But that's really the brunt of the distinction. Boise State committed a handful of ticky-tack violations, the like of which Ohio State has self-reported by the dozens over the years (as has every other school on the planet), and the NCAA -- in conjunction with one major violation -- concluded, "This might be a lack of institutional control."

Think that through to its logical conclusion.  On the one hand, you have a rogue tennis coach, trying to slip one by... well, no one, because no one is paying attention to Boise State tennis. Or any other tennis program, for that matter. On the flipside, we have Jim Tressel, who was trying to slip unquestionably ineligible players into... the Fiesta Bowl.

Given all that we know about Tressel's complicity in the violation, just how likely is it that no one else in the athletics department knew?

Now tell me: Who is it that lacks institutional control?

Unbelievable.

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“The NCAA was so mad at Kentucky it will probably slap another two years of probation on Cleveland State”. Why punish a big program for massive violations when you can punish a little one and threaten the big program with the same later?

Unequal standards is how the NCAA has always worked.

by HawkeyedFrog on May 4, 2011 3:13 AM CDT reply actions  

The Tark's quote always

prove applicable to the NCAA’s crime and punishment decisions.

Everyone is ignoring the stretched ethics of the Maurice Clarett. Lying and misremembering is nothing new for Tressel. The guy is sleazy but that does not make him a rogue tennis coach.

Just think. If Gorden Gee had been president of tOSU in the 1970s, then Woody Hayes would never have been fired for committing assault during a football game.

by milevin on May 4, 2011 6:17 AM CDT up reply actions  

NCAA's use is

Protecting tOSU from the predatory behavior by Boise State.

That rogue tennis coach needed to be stopped and stopped now. Thank goodness for the NCAA.

by milevin on May 4, 2011 6:07 AM CDT up reply actions  

The difference

Lack of Institutional Control is largely about the compliance department. Were the proper controls in place, and were they enforced? If the answer is yes, then there’s no LOIC. If no on either account, then there was a LOIC.

The NCAA determined that Ohio State’s compliance department had sufficient policies and procedures, and that the school enforced them properly. Put it this way: what could the OSU compliance department have done differently to catch Tressel? The only thing is reading all of his emails, something that is beyond what the NCAA requires. It would be cost prohibitive for every school to have staff to read every email that every coach sends.

By contrast, it’s hard to make the case that Boise State had both the right controls and proper execution of the controls. If a coach is playing someone who is not even enrolled, that’s as sure a sign as any. The rest of the women’s tennis violations are nearly as flagrant. If BSU didn’t have a lack of institutional control over its women’s tennis team, I don’t know what LOIC means anymore.

I agree that this looks like another case of hammering the little guy while letting the big guys skate, but based on the way that the NCAA rules are written, it’s the right call in both cases. Tressel personally should (and almost certainly will) get strung up by his toenails by the NCAA for lying, but I don’t think an entire athletic department is out of line if one coach goes rogue in a way that’s undetectable under reasonable compliance standards. On the other hand, I don’t know how an athletic department can’t have a lack of institutional control if everything reported about Boise women’s tennis is true.

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by Year2 on May 4, 2011 7:17 AM CDT reply actions  

So, in conclusion

if every coach in every sport cheats, but no one tells the compliance department, it isn’t a lack of institutional control?

Meat? They're made out of Meat? Meat.

by ihavethemelody on May 4, 2011 8:30 AM CDT up reply actions  

In conclusion

If a compliance department has what the NCAA considers to be adequate controls in place and it enforces those controls to the NCAA’s standards, it’s very unlikely that the school will get a LOIC charge. The NCAA has some wiggle room to deal with extraordinary cases, but in general, that’s what it comes down to: controls and how you enforce them.

Ultimately, the system depends on people being honest and up front about everything. That’s why people who are found to have lied to the NCAA get very harsh penalties (and why Tressel will get hammered).

The NCAA in Ohio State’s case decided that it couldn’t blame the entire institution for the actions of one employee who acted alone. If many employees were lying like you posited, that would be a different matter entirely. As the NCAA does everything on a case-by-case basis, I don’t know what it would do in that scenario. I do know why it did what it did in Ohio State’s case, and that’s what I tried to explain here.

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by Year2 on May 4, 2011 8:51 AM CDT up reply actions  

What if a coach lies twice?

Serious question.

Let’s say that Tressel is caught lying again next year, either by the compliance department or by more leaked emails. Would the school then be held accountable for LOIC, since they knew this person had a tendency to break the rules and still kept them on?

How would it affect the LOIC issues if he were fired, and committed the infractions at a second school, similar to Jeff Capel (former OU and Indiana basketball coach)?

Meat? They're made out of Meat? Meat.

by ihavethemelody on May 4, 2011 8:57 AM CDT up reply actions  

I think what Year 2 is saying makes sense

Boise State as an athletics department is more complicit than Ohio State, but Jim Tressel as an individual will be punished harder than anyone (except, possibly, that rogue tennis coach). At least, one can hope things turn out that way.

by jc25 on May 4, 2011 9:03 AM CDT up reply actions  

I don’t know the NCAA manual cover to cover, so I can’t speak authoritatively on all possible outcomes.

If Ohio State somehow holds on to Tressel through this (which I’m not sure it’ll be able to), I would assume that the NCAA would expect Ohio State to monitor him more closely for some amount of time, e.g. doing periodic spot checks on his email or something. How that’s spelled out exactly in the bylaws, I don’t know.

What it comes down to with Tressel is that everyone else in the OSU athletics department could have been doing their jobs right and he wouldn’t have been caught. The only warning about the violations anyone at OSU got was the emails that went directly to Tressel. He royally screwed up by not passing them on to anyone else at the school, but that doesn’t mean that anyone else at OSU failed to do their job to the satisfaction of the NCAA rules. The institution didn’t fail here, just one employee did.

Compare that to USC who had shady, agent-like characters hanging out around the program. Something like that triggers the “know or should have known” language from the NCAA because no one in compliance checked up on them and uncovered their financial relationships with the Bush family. Same goes for a coach playing a non-student like at Boise. Someone should have been monitoring who actually participated at women’s tennis matches. That’s what makes those two cases failures of the institution while Ohio State’s case was not.

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by Year2 on May 4, 2011 11:22 AM CDT up reply actions  

I think it’s worth noting that the Boise State women’s tennis coach (as well as the assistant coach) was fired within a few days of the match in question. It seems to me (admittedly a BSU homer) that the university responded appropriately. I don’t see how BSU did worse than OSU with Tressel in that case. As for the other violations (sleeping on couches, etc.) they were all self reported, reimbursed, and, well, pretty frickin minor.

by NYBroncosFan on May 4, 2011 11:54 AM CDT up reply actions  

Exactly. The coach was let go about the same time the NCAA found out about the action to begin with, and now Boise State is going even farther. They are dropping 2 football scholarships and one other action for the next two years. This is without the NCAA saying to do so. They are trying to show that they do control their programs, but seriously… sacrificing 2 scholarships for two years for allowing 64 kids to sleep on floors and couches… ridiculous.

by Alyssa Demani on May 5, 2011 9:46 AM CDT up reply actions  

Your point is well taken, Year2

And you’re right: lack of institutional control is a specific charge related to a specific deficiency. And in a black letter sense of the law, this isn’t unjustifiable.

I’m suggesting, rather emotionally I admit, that in the spirit of the law, the distinction is without a meaningful difference.

And rather sucks.

You ain't hurt...

by Peter Bean on May 4, 2011 2:36 PM CDT up reply actions  

Who is it that lacks institutional control?

Why, the non-BCS school, of course. I think it’s pretty realistic to infer that, had the schools committed the other’s violations, the school named “Boise State” still would have been the one slapped with the LOIC label. Much in the same way BSU players committing similar violations as those committed by tOSU players would never have been allowed by the NCAA to play in last season’s bowl games.

Time to pimp out my photos again. Visit my new Facebook page and become a fan!

by Hopkins Horn on May 4, 2011 8:03 AM CDT via mobile reply actions  

A reminder of Gordan Gee's memorable quote from last fall:

“We do not play the Little Sisters of the Poor. We play very fine schools on any given day. So I think until a university runs through that gantlet that there’s some reason to believe that they not be the best teams to [be] in the big ballgame.”

FWIW.

Time to pimp out my photos again. Visit my new Facebook page and become a fan!

by Hopkins Horn on May 4, 2011 8:06 AM CDT via mobile reply actions  

The Women's Tennis violations are egregious, there is no doubt.

But to piggyback minor (minor as in one account has a player be given $2.34, which was reimbursed) violations and call that a “lack of institutional control” is a bit of a reach. The NCAA found a total of almost $5000 of “illegal benefits” handed out to 63 players, in FOUR sports, OVER A 5 YEAR PERIOD. It’s ticky-tack at best. Especially in light of half the Ohio State offense selling memoribilia and autographs for thousands of dollars of tribal art. Nevermind the free vehicles from local dealerships and supposed “free” female companionship that is said to also have been given to buckeye players on a regular basis.

Remember too, Gordon Gee is one of the persons given the luxury golf outings and free benefits from the Fiesta Bowl. I believe he shared a room with Bill Hancock.

Championships should be earned on the field, not in newspapers or computers.

by Mikrino on May 4, 2011 8:18 AM CDT reply actions  

Just wow

Any way that Boise could sue the NCAA for being capricious, whimsical, and so obviously, flagrantly biased against smaller schools, so that enforcement at least becomes less comical?

Meat? They're made out of Meat? Meat.

by ihavethemelody on May 4, 2011 8:28 AM CDT reply actions  

"It doen't matter if it's right or wrong, it's the law"

I’ve heard this countless times from attorneys & implied or similarly stated by people in a position of authority.
 Then change the ******* law & make it right.

by ole tnhorn on May 4, 2011 9:43 AM CDT reply actions  

attorneys and authorities enforce or defend the laws

it’s up to the people to change them. or the courts in some cases.

by longhornfan7628 on May 4, 2011 10:23 AM CDT up reply actions  

I think you have the timeline confused, Peter. The Fiesta Bowl would have been in 2009, before any of this started, and the players actually were cleared by the NCAA for the Sugar Bowl; it was the 2010 regular season in which Tressel knowingly played ineligible players.

Ann Arbor is a trollop.

by Semicorrect on May 4, 2011 10:45 AM CDT reply actions  

Also, remember when Charles Robinson said that there was a huge scandal coming this summer?

He said that on a ten point scale it made the OSU case look like a 6 or 7. Well, we’ve found it in the scandalous corruption in Boise, Idaho.

Ann Arbor is a trollop.

by Semicorrect on May 4, 2011 10:55 AM CDT up reply actions  

What Tressel did is really, really bad

He should be ousted from college football for a year and then be allowed back on probation. The lack of institutional control is so blatant since Tressel is the freaking institution.

Can Texas quit the NCAA and start its own governing body? Independence from liars and cheats sounds like only a dream.

run Bevo run lives in the Tower with Mack and Bevo because of his Awesomeness!! If you need a tip on where someone might go in the draft you might check with him because he's not bad at that either.

by Wrangler86 on May 4, 2011 12:29 PM CDT reply actions  

seriously?

Can you be any more naive? Do you think a football power like UT in a football-happy state like TX isn’t breaking rules on a regular basis? Seriously? Folks at tOSU thought the same thing. I think MB is a great coach/honorable guy, if fact very much like I would’ve descibed JT 6 mos ago. ALL programs push the limit ALL of the time, just a matter of time before one mis-step goes a little left of center. Believe it.

by dsh2811 on May 6, 2011 1:49 PM CDT up reply actions  

right..

..when was the last time UT had even a secondary violation under Mack Brown? Jim Tressel had Maurice Clarett and Youngstown State in his history. I don’t think UT is perfect, but it’s not because Mack isn’t trying.

by vy til i die on May 7, 2011 10:38 PM CDT up reply actions  

I imagine it

is pretty difficult to be the NCAA. To be faced with such evidence and have to come up with reasons, believable ones, not to punish people equitably would be a difficult proposition.

"A lot of people look for the easy way to do anything, in swimming there is no easy way." - Eddie Reese

by SwimTexas on May 4, 2011 12:54 PM CDT reply actions  

They are mastering it though

Their insane ruling of allowing the gang of 5 to play in the bowl game since it is a once in a lifetime chance was hilarious, while at the same time banning other schools from bowl games, shows that the reasons don’t really have to be very believable.

Coud it possibly be that the NCAA is waiting to see if tOSU steps up with a more appropriate punishment and if they don’t then they hammer down? I know that is wishful thinking (not because I hate tOSU-which I do) but because it is the right thing to do.

run Bevo run lives in the Tower with Mack and Bevo because of his Awesomeness!! If you need a tip on where someone might go in the draft you might check with him because he's not bad at that either.

by Wrangler86 on May 4, 2011 1:58 PM CDT up reply actions  

Throw Out the Details and Examples and Focus on Real Problem

While the NCAA is woefully inconsistent, and standards such as “institutional control” are applied inconsistently – that is not the root cause of the issue. The issue is a LACK OF LEADERSHIP period. Leadership must define ethics as it primary core value. If the NCAA wants to end this program – it is so simple. It can be done in 2 steps -

1. Publish a code of ethics that every administrator and coach must sign and adhere to.
2. Communicate that if you violate these standards of ethics – you will not be allowed to earn a living as a coach or administrator after you have violated those rules.

Change isn't good or bad it just "is". Don Draper of Madmen

by realmccoy on May 4, 2011 2:46 PM CDT reply actions  

Is it too late to Buy-In to Mark Cuban's Counter-NCAA ideas?

I think he would be far more consistent, at least then the objective would be clear that the Bottom Line is the only line that counts!

by HornsUpInLA on May 4, 2011 3:04 PM CDT reply actions  

Think about it for a second

BSU did it’s own investigation and reported the minor football violations as well as the action taken (had a player pay back 78.64 or something for sleeping on a couch and being fed), Fired the tennis coach for his actions, and are doing even more sanctions against themselves. Does this really show a lack of institutional control? Would the NCAA even have the minor issues to bring up if BSU didn’t report them on itself?

by Alyssa Demani on May 5, 2011 9:53 AM CDT reply actions  

More and more

I’m getting the sense that LOIC is simply about whether the compliance department exists in any meaningful sense as opposed to whether they’re actually doing their job in a competent and/or ethical manner.

In other words, it’s worse for Boise to not have known about the violations because they had a small compliance department than it is for Ohio St to have had a large compliance department that is either incompetent (didn’t find Tressel violations at any point, including during the investigation of the Tattoo Five) or corrupt (if they actually HAD found the violations and chose to ignore them).

To say it even more cynically, the only thing that apparently matters is how much money you’re wasting on compliance bureaucrats as opposed to how bad the violations are.

Mr Pac Ten's Blog - 2007 2008 2009 2010

by MrPacTen on May 5, 2011 5:14 PM CDT reply actions  

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