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Article: NCAA Charges Miami With Lack of Institutional Control

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Technically it would be a libel case. I posted it in another thread but essentially to be successful, the person must prove: 1) that the statement was false, 2) caused harm, and 3) was made without adequate research. For an institution like Miami (considered a public figure) to sue, they must prove all that and 4) that the statement was made with the intent to do harm or with reckless disregard for the truth (proving malicious intent - which is extremely hard to do).

That's it in a nutshell. I don't think it would be wise but that's just IMHO.
 
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Biscuits said:
I don't think there's a deal in place. What deal could there be? What part would Miami play in a deal? What could Miami give the NCAA aside froim an assurance not to sue, and I think it's pretty clear already under what terms Miami will or won't pursue legal action.

I think Emmert, or someone at his bidding, has told Miami that we're getting time served. I think Emmert can give the COI marching orders. I think the members of the COI are not interested in seeing this case get any ugiler than it already is, even without any additional pressure from *** Boy. Them telling Miami 'You're getting time served,' isn't a deal. It's an indication.
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If UM were hanging its hopes on Emmert carrying the bucket for them on a deal, then you can be 100% certain that Shalala would not have gone ballistic on Emmert, which she basically did.
 
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Ethnicsands said:
Biscuits said:
I don't think there's a deal in place. What deal could there be? What part would Miami play in a deal? What could Miami give the NCAA aside froim an assurance not to sue, and I think it's pretty clear already under what terms Miami will or won't pursue legal action.

I think Emmert, or someone at his bidding, has told Miami that we're getting time served. I think Emmert can give the COI marching orders. I think the members of the COI are not interested in seeing this case get any ugiler than it already is, even without any additional pressure from *** Boy. Them telling Miami 'You're getting time served,' isn't a deal. It's an indication.
Click to expand...

If UM were hanging its hopes on Emmert carrying the bucket for them on a deal, then you can be 100% certain that Shalala would not have gone ballistic on Emmert, which she basically did.
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I agree. No deal is in place.
 
There's no way the U could win a libel suit. The reporting was lazy by professional standards, but it was more than sufficient to clear the libel bar. Otherwise the Enquirer wouldn't be in business.
 
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pat4redick said:
Technically it would be a libel case. I posted it in another thread but essentially to be successful, the person must prove: 1) that the statement was false, 2) caused harm, and 3) was made without adequate research. For an institution like Miami (considered a public figure) to sue, they must prove all that and 4) that the statement was made with the intent to do harm or with reckless disregard for the truth (proving malicious intent - which is extremely hard to do).

That's it in a nutshell. I don't think it would be wise but that's just IMHO.
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Thanks. Libel, exactly. Is it that far off base? Can you take issue with parts of a report as libel?

Let's take the abortion claim, for starters.

Isn't taking a ponzi-schemer at his word in this case a reckless disregard for the truth? Could you prove the claim as false? Maybe not, but could it ever be proven true? I don't think it's debatable that it caused hard and was made without adequate research, but I'm sure a lawyer would take issue.

Esf - Good point. How does The Enquirer get away with running a headline stating that Tom Cruise is a space alien, or that Rhianna is actually a demon?
 
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Biscuits said:
That's certainly one way to interpret it. It's not the only way, by any stretch.

It's not politically or legally expedient for the NCAA to just let Miami off with time served at this point. That's been a well-documented opinion by several takes I've read on the situation, and I agree with it. Since the process pretty much has to be followed, this NOA has to be issued, and it has to have teeth, given the extent of the investigation and the media attention on the case. Harsh language in the NOA does not directly signal that Miami would get hammered moving forward by the COI. Specifically, I'd be interested to read the NOAs for Boise, UCF, and Ohio State. Their penalties were all relatively light.

My opinion is that Donna's issuing this statement is a public shot across the bow of the NCAA. But it does not mean that she hasn't been given back-channel assurnaces that Miami will getting time-served, at the end of the formal process. As I mentioned earlier, a statement like this in the press by Miami gives the COI and *** Boy Emmert (I'd apply to have his name legally changed, if I could) the cover they need to throw Enforcement under the bus. Everyone knows that Enforcement was way off the reservation in this investigation, and who knows how many others? The head of the deparment has been fired, along with others. There's no one left on the Enforcement side to **** when they get bus-tossed and Miami gets times served.

There's blood on both sides. We've been muck-raked for over two years; NCAA has been severly undermined.

There's no reason for either side to pursue this further.
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Reason be damned when it comes to one's own survival -- Emmert feels cornered and he is fighting.

DS' statements shows she is rallying public support to influence the outcome. Therefore, I doubt deals have been worked out. DS is also pushing to face the COI this weekend. Striking while strong public opinion is on our side for once. If Emmert allows UM to face the COI this weekend, then it is likely we will get off with time served. I am skeptical that they will allow it so soon though. More likely they will push it back until the public's attention is focused elsewhere.
 
So Reggie, Scott got suspended for things they knew nothing about. And those things were a hookup for travel and maybe a dinner. This is just amazing.

Oh and DeQuan Jones was suspended for something that never happened.



Where is Chuck Robinson now? That fluffed up piece of **** article created a lot of damage.
 
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Houtxcane said:
Biscuits said:
That's certainly one way to interpret it. It's not the only way, by any stretch.

It's not politically or legally expedient for the NCAA to just let Miami off with time served at this point. That's been a well-documented opinion by several takes I've read on the situation, and I agree with it. Since the process pretty much has to be followed, this NOA has to be issued, and it has to have teeth, given the extent of the investigation and the media attention on the case. Harsh language in the NOA does not directly signal that Miami would get hammered moving forward by the COI. Specifically, I'd be interested to read the NOAs for Boise, UCF, and Ohio State. Their penalties were all relatively light.

My opinion is that Donna's issuing this statement is a public shot across the bow of the NCAA. But it does not mean that she hasn't been given back-channel assurnaces that Miami will getting time-served, at the end of the formal process. As I mentioned earlier, a statement like this in the press by Miami gives the COI and *** Boy Emmert (I'd apply to have his name legally changed, if I could) the cover they need to throw Enforcement under the bus. Everyone knows that Enforcement was way off the reservation in this investigation, and who knows how many others? The head of the deparment has been fired, along with others. There's no one left on the Enforcement side to **** when they get bus-tossed and Miami gets times served.

There's blood on both sides. We've been muck-raked for over two years; NCAA has been severly undermined.

There's no reason for either side to pursue this further.
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Reason be damned when it comes to one's own survival -- Emmert feels cornered and he is fighting.

DS' statements shows she is rallying public support to influence the outcome. Therefore, I doubt deals have been worked out. DS is also pushing to face the COI this weekend. Striking while strong public opinion is on our side for once. If Emmert allows UM to face the COI this weekend, then it is likely we will get off with time served. I am skeptical that they will allow it so soon though. More likely they will push it back until the public's attention is focused elsewhere.
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Where did this come from? I haven't read it anywhere but I may have missed it.
 
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Biscuits said:
pat4redick said:
Technically it would be a libel case. I posted it in another thread but essentially to be successful, the person must prove: 1) that the statement was false, 2) caused harm, and 3) was made without adequate research. For an institution like Miami (considered a public figure) to sue, they must prove all that and 4) that the statement was made with the intent to do harm or with reckless disregard for the truth (proving malicious intent - which is extremely hard to do).

That's it in a nutshell. I don't think it would be wise but that's just IMHO.
Click to expand...

Thanks. Libel, exactly. Is it that far off base? Can you take issue with parts of a report as libel?

Let's take the abortion claim, for starters.

Isn't taking a ponzi-schemer at his word in this case a reckless disregard for the truth? Could you prove the claim as false? Maybe not, but could it ever be proven true? I don't think it's debatable that it caused hard and was made without adequate research, but I'm sure a lawyer would take issue.
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I don't pretend to be an expert but the issue Miami would face is with the 4th criterion. Like Ethnic said, the bar is really low and Robinson/Yahoo would use NS/the "evidence" as a good enough excuse. Really difficult to win and a drain on funds.
 
DiegoCane said:
So Reggie, Scott got suspended for things they knew nothing about. And those things were a hookup for travel and maybe a dinner. This is just amazing.

Oh and DeQuan Jones was suspended for something that never happened.



Where is Chuck Robinson now? That fluffed up piece of **** article created a lot of damage.
Click to expand...

Cam Newton laughs at the fact that they got suspended for something their parents may or may not have received.
 
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In my business, when we want to settle something, we start suing people personally. This is what Vilma did with Roger Goodell.

I'm not saying that Miami will do this, but I bet that suing the fired VP will bring out a lot of stuff on the record that can be used against Emmert personally as well as the NCAA. Usually directors have some sort of insurance for this, but things change when people are personally sued.
 
So pretty much all the stuff in the Robinson fluff piece about the basketball program was BS. That means the NCAA suspended Jones for nothing and Johnson, Scott for things they knew nothing about. And those things were a hookup on transportation. This is just incompetence on so many levels.
 
Biscuits: understand that civil proceedings sometimes take years to finish. There's just no need to keep this story alive for several more years once the stuff with the NCAA is finished. Why would you want to give more fodder to coaches/schools recruiting against us? (They're already going to do that, but this story needs to die, sooner rather than later.)
 
Ethnicsands said:
If UM were hanging its hopes on Emmert carrying the bucket for them on a deal, then you can be 100% certain that Shalala would not have gone ballistic on Emmert, which she basically did.
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UM doesn't have to be hanging its hopes on anything, and would be idiotic to be doing so.

You prepare for the worst, even if you've been given indications you're not getting the worst. UM showing its teeth doesn't mean they haven't been told anything, or that the NCAA has decided to hammer Miami. There are lots of reasons to rattle a saber. A rattlesnake has a rattle in part to remind would-be preadators not to **** with it. Even those who wouldn't anyway.
 
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