“As I read the decision by the NCAA, I read between the lines and there was nothing but a lot of envy. They wish they all were Trojans.” – Former USC Athletic Director Mike Garrett

“… We’ve cooperated fully.” – Oregon Football Coach Chip Kelly

“Part of the NCAA’s problem here is fairness and consistency, never an organizational strong suit.” – ESPN Pac-12 blogger Ted Miller.

How come the Founding Fathers understood the temptation and eventual tyranny that comes from absolute power being given to one omnipresent body with virtual dictatorial control?

They enshrined in the nation’s Constitution the doctrine of  “Separation of Powers” between the executive, legislative and judicial branches. I know this policy to be true because I read all about it in civics class back in elementary school. We can also watch it in action as the nation is poised to go off the “fiscal cliff.”

powers

Where we don’t see a similar separation of powers is the NCAA or the National Collegiate Athletic Association. Instead, the process appears to be arbitrary and capricious (words that make lawyers happy).

How long will a process take? A week? Two years? Four years? Who knows?

If one university is permitted to go through the summary disposition process (e.g., Tennessee) involving its dealings with recruiting “mentor” Willie Lyles, shouldn’t another university (e.g., Oregon) be permitted to go through the same process involving the same Willie Lyles? That makes sense, except that is not the case.

Former USC Athletic Director (and Heisman Trophy winner) Mike Garrett pursued a course of confrontation with the NCAA. The result was four years of probation, a two-year bowl ban, and a drastic reduction of scholarships.

Conversely, Oregon has chosen a path of accommodation with the NCAA, one subsequently advocated by new USC Athletic Director Pat Haden for his school. And yet, after two-long years, the NCAA’s Committee on Infractions (COI) wants to hold a hearing to drag Oregon figuratively through the burning coals.

ESPN blogger Ted Miller wrote recently, “It’s possible that the COI just wants to talk.” And talk they will in February or April or June or August. Heck, why not all of them?

As a resident Duckologist and super Oregon fan and informal commentator for a generation, I am frequently asked what will happen to the Ducks before the NCAA because of Le Affaire de Lyles (e.g., $25,000 payment to Lyles allegedly to recruit a player, Lache Seastrunk, who was buried in the Oregon depth chart and never played a down for the Ducks).

I am also asked if Chip Kelly with a record of 45-7 will bolt for the NFL (there are jobs galore open today) purely because of the NCAA and Willie Lyles. The insinuation is that Pete Carroll left USC for the Seattle Seahawks because of the NCAA, so why shouldn’t Kelly do the same?

My answer to both questions is HIIK…Hell If I Know.

And that is the point. Even if you look to dysfunctional Washington, D.C., you can reasonably expect a Democratic White House to behave in a certain way. You can anticipate the Democratic Senate to go one way and the Republican House of Representatives to go the other. The Supreme Court with its 5-4 conservative majority more times than not will come down in the predictable fashion.

The NCAA and predictable fashion are oxymorons. The NCAA almost wiped out the economy of State College, Pennsylvania. What will it do to Oregon? Yes, I fully understand the difference between Jerry Sandusky and Lyles, but I still see no consistency of deliberation and enforcement…what the lawyers like to call, precedent or precedence.

emmert

What I do see is NCAA President, Dr. Mark A. Emmert, sitting in judgment over the University of Oregon. Emmert was the president of the University of Washington for six years and received his bachelor’s degree in political science from the same school that is the most intense rival (putting it mildly) of the University of Oregon.

 

He should recuse himself from this process.

In the final analysis, I am hoping for the best from the NCAA and fearing the worst. Something tells me to anticipate the latter. That will make the folks in Seattle and Corvallis real happy…until it is their respective turns.

http://en.wikipedia.org/wiki/Separation_of_powers_under_the_United_States_Constitution

http://sports.yahoo.com/news/ncaaf–oregon–ncaa-reach-impasse-in-football-investigation-215913743.html

http://www.usatoday.com/story/sports/ncaaf/pac12/2012/12/21/oregon-ducks-chip-kelly-ncaa-investigation-recruiting-services/1783763/

http://articles.latimes.com/2010/jul/21/sports/la-sp-usc-garrett-haden-20100721

http://bleacherreport.com/tb/d9cHT?utm_source=newsletter&utm_medium=newsletter&utm_campaign=oregon-ducks-football

http://espn.go.com/blog/pac12/post/_/id/51448/oregon-fans-should-be-worried-and-angry

http://espn.go.com/college-football/story/_/id/8764076/oregon-ducks-ncaa-hearing-scout-willie-lyles-according-source

http://www.ncaa.org/wps/wcm/connect/public/ncaa/ncaa+president/mark+emmert+biography

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