Look, the bottom line is that the NCAA doesn't abide by a "innocent until proven guilty" standard. This isn't a criminal case. If their regular practice and procedure for determining what goes into a Notice of Allegations is to take silence as an admission, then they'll do it ten times out of ten and let the chips fall where they may at the hearing with any circumstantial or corroborating evidence they have. In court, judges sometimes are allowed to weight a witness' silence or refusal to answer questions against him (note I am only saying that they can give weight to it). SO too may the hearing officials consider our former players' silence, but what they are not going to do is take silence as an admission of guilt, so this whole thing is moot in the end....The lawyers drafting the Notice of Allegations can take whatever the **** position they want. It's not going to mean **** if they can't prove it in the hearing, and they're going to get laughed out of the proceedings if their evidence is "Player X's refusal to cooperate in giving testimony." That's not evidence.
This isn't even a big deal. Chances are those things were going to be in the Notice of Allegations anyway, with or without the player testimony. But again, there's no malice here. It's more than likely in the regular scope of the NCAA infractions committee to include all allegations not responded to adequately in the Notice of Allegations, just to be thorough. What did you all expect them to do, just drop it on the spot and not pursue it? It'd be akin to a state attorney dropping a case during discovery because a witness suddenly went missing. That **** doesn't happen. It'll go to trial and if the state attorney can't prove his/her case without the witness, then the defendant skates. Same scenario here. THey can kick and scream all they want about how they'll take it as an admission of guilt, but that won't fly with the infractions committee at hearing anyway. If I'm a former player I casually throw up two middle fingers in the general vicinity of the NCAA and go about my business.