Yes, Even More Ohio State Comment Count

Brian

Is it possible to write things not about Ohio State's rapidly unraveling sweater? There is a hypothetical world in which this is the case, but it is not this one. Almost literally every day some new mortar lands in the Ohio State compliance department and detonates.

Some detonations are widely hyped and a little disappointing. Others are stealthy-like, come when you're watching Clint Dempsey add "…bitch" to the end of every sentence (and score!) and are like whoah. Blockquote unnecessary but present:

Terrelle Pryor, who announced through his attorney Tuesday that he would bypass his senior season at Ohio State, made thousands of dollars autographing memorabilia in 2009-10, a former friend who says he witnessed the transactions has told "Outside the Lines."

The signings for cash, which would be a violation of NCAA rules, occurred a minimum of 35 to 40 times, netting Pryor anywhere from $20,000 to $40,000 that year, the former friend says. The source spoke to ESPN under the condition that his face not be aired on TV and that his name not be published.

As far as unsubstantiated anonymous sources go this one comes with a guy sporting an "infickellwetrust" handle on the eBays that was until recently "intresselwetrust" who sells all kinds of sports memorabilia including that from a lot of Buckeyes. So… wow. Get that paper, ignore the sense you are a walking self-parody. (Game used Henson cleats just 120!)

Does this add anything substantial to Ohio State's mounting pile of accusations or is it just a pile-on? Well, it has excised Terrelle Pryor from next year's season, leaving Ohio State to pick between Brooks Bollinger Memorial Eighth Year Senior Joe Bauserman, who's like 30 now or something and an assortment of underclassmen of whom true freshman Braxton Miller is the most touted.

But that's in the past, as Rich Rodriguez might have it. As for the future, this specific accusation is one that sounds scary but seems less likely to have a paper trail a compliance program can be expected to trace. Unlike the other accusations there's no email sitting in Tressel's inbox or compliance audit five years ago that was basically ignored or guy in charge of the equipment that should have one of those inventory things.

But while this specific thing may or may not add to the NCAA dogpile, if Brooks is correct about this…

In addition to Pryor’s past NCAA transgressions, today I confirmed that Ohio State was recently cited by NCAA enforcment officials for dozens of payments Pryor received in past years from a Columbus sports memorabilia dealer that are considered outside of NCAA rules.

The NCAA violations were discovered when the name of the local memorabilia dealer, Dennis Talbott, was seen on checks Pryor was depositing in his personal bank account.

…and personal bank accounts are being examined (probably with the threat of terminated eligibility hanging over the request), well, items have acquired a distinct nature of being in reality.

And then there's the stuff already known

Braves and Birds makes a point I've been trying to make but haven't done so as eloquently:

We are coming off of a season in which several teams lost key players because of suspensions for improper benefits.  Ohio State’s head coach (and arguably their compliance department, which seems unable to find evidence of wrongdoing despite media outlets finding stories like candies tumbling out of a piñata) ignored evidence of similar violations on the part of his players.  Doesn’t the NCAA have to reward schools like Georgia and North Carolina for being proactive in dealing with improper benefits by showing that the alternative is significantly worse?  The NCAA needs to hammer Ohio State and not for punitive reasons or because the Bucks derived a major competitive advantage from its players trading memorabilia (that point is debatable), but rather to send a message to its members that self-reporting is a big deal.  The whole system, which most closely resembles a rickety dam trying to hold back a flood of money headed towards the athletes who create it, depends on honest self-reporting. 

It's hard to look at the USC violations, which were tied to the Trojan staff based on one two-and-a-half minute phone call to the running backs coach, and not see something worse coming down the pipe for OSU. USC:

  • Had one player implicated for an awful lot of money.
  • "Should have known" based on Todd McNair's Fisher-like desire not to know.
  • Laughably stonewalled.

OSU:

  • Has one player implicated for a lot of money plus a half-dozen more confirmed NCAA violators plus an alleged two dozen more.
  • Absolutely did know because the head coach was directly informed.
  • Laughably stonewalled and, as a bonus, got the NCAA to declare its players eligible for the Sugar Bowl.

Unless the raw amount of money funneled to Reggie Bush is a significant factor (and I can't see why that would be since the difference here appears to be between low six digits and mid-fives) it seems hard to make a case that Ohio State shouldn't get penalties harsher than USC's—significantly harsher. I'd be interested to see if anyone can make a Devil's Advocate case that what's currently happening in Columbus is less severe than the Bush imbroglio. Pretty much the only person who's tried is Drew Sharp, and he did not do well* even considering he's Drew Sharp.

Seriously. The gauntlet is thrown down: can anyone make the case Ohio State should get off lighter than USC?

*[nonfreep]

Comments

Six Zero

June 8th, 2011 at 2:05 PM ^

I'm wondering if we're looking at a new benchmark on the NCAA Infractions Meter?  The scope of this thing just keeps continuing to grow and grow and grow to the point that osu may find themselves awarded a new punishment, perhaps something just short of the death penalty....?

At this point the entire NCAA model is being put on trial by the media-- they've got to assert their authority, regardless of whatever revenue the scarlet and gray bring in.  They may not have a choice but to burn the empire to the ground.

And yes, as a member of the MGoCommunity you are fully sanctioned to laugh.

mackbru

June 8th, 2011 at 1:54 PM ^

Until yesterday, I think one could have reasonably argued that the OSU situation isn't much worse than USC's. But now, if the Talbott angle proves to be true -- if -- that's the killshot. Because it indicates a longstanding cover-up of gross NCAA violations.

Pryor making a killing with merchandise dealers is on par with the Reggie Bush thing. But whereas there's no evidence that Bush's head coach or AD knew about the transactions, OSU's coach and AD did know about Pryor's -- and covered it up. (I recognize that USC's brass should have known, but that's a different story.)

Plus: It wasn't just Pryor. There were many offenses by many Buckeyes -- including the head coach -- over many years.

Plus: That OSU boasts the country's largest compliance office only makes it worse. OSU cannot claim ignorance or staffing issues (as USC did, albeit weakly). The compliance office, in this scenario, amounts to a sham. 

The NCAA will tell Gee and Smith to take a deep breath, bend over, and touch their toes.

imafreak1

June 8th, 2011 at 1:57 PM ^

Jim Tressel is a really really nice guy who visits orphans in the hospital, is openly spiritual, is still married to his first wife who is rather manish looking, does nice stuff for people which the media ignores because they like scandal and no one thought he was a cheater.

Pete Carroll is a smug poodle who, reportedly, was living in Malibu with his super hot, graduate student girlfriend rather than with his family and once asked Jim Harbaugh "what's your deal man?" and 'everyone' knew he was cheating.

QED USC gets nuked and Tressel is cannonized.

2plankr

June 8th, 2011 at 2:05 PM ^

Lets stop beating around the bush, the real question isnt whose violations were worse, its whose punishment will be worse

To which i submit it is going to depend on the number of seasons vacated.  Its starting to look like multiple vacated seasons is a possibility, due to Pryor(my pantsless side is thinking all 10 years of Tressel).  Thats could make a HUGE difference on the rest of their punishment

ESNY

June 8th, 2011 at 2:13 PM ^

Can we stop with the whole "self-reporting" defense with Ohio State.  They did not self-report anything.  if they did, Tressel would still have a job and the Tat5 wouldn't have played for four games last season.    By definition you can't "self-report" after allegations are known.

elaydin

June 8th, 2011 at 2:14 PM ^

I'll give it a shot, but this gets harder by the day (as someone else said, it was easier a couple of days ago):

1. Unlike USC, OSU self reported something.  The Tat 5 and the Tressel emails were self reported by OSU.  The Bush stuff was all from Yahoo.

2. Albeit late, OSU did get rid of their coach

3. The noise to information ratio is very high.  I'm not sure there's much actionable information from the Dispatch car article or the SI article.  

4. I don't think OSU is stonewalling as appears to be the case.  They're just incompetent and/or overwhelmed.

5. Again, it's very reactionary, but OSU is trying (fired coach, forced Pryor to go away, etc).  USC's Garret was very confrontational.

I think OSU's hopes rest on #5, but I can't imagine the penalty will be less than USC.

To be honest, I'm not sure how "controllable" OSU, or more specifically, Columbus is.

Columbus is a big city.  All of Ohio's sports franchises suck to some degree.  The entire city is fully "invested" in the program.  It would almost be best for OSU to take a few years off, let the citizens of Columbus find another hobby or two, and come back in a couple of years with a clean slate.

 

modaddy21

June 8th, 2011 at 2:25 PM ^

Awesome coverage.  The hits just keep on coming for OSU, and I for one think it is great.  Check out eleven warriors, The blog has completely turned on pryor, yet the comments are still pro pryor...lol  Also there is a tweet from zach boren about how awesome a teammate TP was...yeah right, so awesome he helped ruin the program for a few years.  I guess intelligence is a boren family trait.

Leaders_and_Best

June 8th, 2011 at 3:28 PM ^

Didn't the agent who gave Bush the money end up suing him and his family for it while the NCAA just sat there and waited a few years to give USC the notice of allegations?

My main point for why USC is worse is simple: they hired Ed Orgeron

Sopwith

June 8th, 2011 at 3:38 PM ^

an infamous tweet posted by Pryor back when Tatgate was starting to blow up with regard to Tressel's emails?  The short-lived post, removed within hours or even minutes, suggested TP was receiving cash instead of tats.  It looked like he meant to respond to a particular follower and not publicly (I believe that's called a "Weiner" nowdays). 

Anyone else remember this?  From maybe Feb. or March?

nyc_wolverines

June 8th, 2011 at 11:31 PM ^

Per VolsBitch.com I found the first Google reference.

 

It was "TPeezy2 Terrelle Pryor

It's funny if y'all actually knew the story. I didn't receive free tattoos. I took money which I'm dealing w my wrongdoings"

From 14 April. Search Twitter for T Pryor, Twitter, as we all know from AWeiner, never deletes tweets and you can even find deleted tweets in searches for @TPeezy2

 

Nice recall.

Number 7

June 8th, 2011 at 3:53 PM ^

When do the taxmen get involved? I imagine they've got some pretty impressive powers of discovery at their disposal, what with all the alleged non-monetary benefits going TP's way

markusr2007

June 8th, 2011 at 3:55 PM ^

The investigation took years.  Fans were waiting for years for the ruling and punishment, while the HC was still there.  The worst part of it all was the waiting.  The punishment is done and in 3 years everything will be back to normal for USC, so they say. 

I don't believe OSU will get off lighter than USC, but if it took the NCAA 4 to 5 years to investigate and put a case against USC (for R. Bush 2003-2005), what are we talking about here for Ohio State where transgressions may have occurred over a much longer duration (2001 to 2011) including the HC and multiple players?

My view of the situation:

1. We're probably all vastly underestimating OSU's likely final punishment from the NCAA for all of this.

2. The NCAA is incompetent, inefficient and inconsistent. The USC investigation serves as unequivocal proof of this fact. And they let Pryor and the players play in the Sugar Bowl, don't forget.   No one can be confident that the final NCAA verdict and punishment of OSU will be sure, fair and consistent. 

3. FWIW, USC and Kiffin are still killing it on the recruiting trail: 

4. UCLA and "average joe" Neuheisel still can't capitalize on Toejam's scholarship reductions and bowl absences.

 

 

Laser Wolf

June 8th, 2011 at 4:12 PM ^

"Seriously. The gauntlet is thrown down: can anyone make the case Ohio State should get off lighter than USC?"

You act like I actually want to make that argument. No thanks. I'm good. Insert popcorn GIF.

NoMoPincherBug

June 8th, 2011 at 4:23 PM ^

Dont know if this has been mentioned yet....but "intresselwetrust" er..."infickellwetrust" has deleted every one of the hundreds of items that he had for sale last night on Ebay.

It is hilariously funny that when the goin get tough....these buckeyes run.... Vest did it, Pryor and now the memorabilia clown.

Rasmus

June 8th, 2011 at 5:12 PM ^

The main argument would have to be that USC's case involved a sports agent (actually a wannabe, but still), which is very clearly against the rules. All of the OSU stuff is grey area material, and can be answered with "the players didn't know bartering memorabilia was against the rules" and "technically, getting a loaner car is not against the rules" and "he signed the stuff, but he was just doing it for a friend and he told us he wasn't getting paid -- poor judgment, but not against the rules -- we had no idea he was getting paid, so we didn't report it."

[Oops -- not meant as a reply.]

nyc_wolverines

June 8th, 2011 at 4:42 PM ^

So 11Warriors starts off with "Everybody Leaves" ... with tatted sleeves.

The better part? 54% of respondents of a poll on 11Warriors believe a combination of "CFL talent at best + Will never play a down of NFL football + Other"

 

Zone Left

June 8th, 2011 at 4:51 PM ^

Wouldn't someone be expected to track the shoulder pads, helmets, etc that Pryor supposedly sold? It's one thing if he's selling stuff the program gives to him, but I really doubt anyone gets to take home their shoulder pads (do they?). Those things are seriously expensive and it's not like teams need to have tons of extras just sitting around.

HouseThatYostBuilt

June 8th, 2011 at 6:52 PM ^

Here's the question we need to consider: Does the fact that OSU tried to police itself by ordering Talbott to distance himself from the program outweigh that they failed to report the violations to the NCAA?

Is the latter more negative than the former is positive?

Njia

June 8th, 2011 at 7:28 PM ^

The Dept's (or Program's) order to Talbott to stay away would appear to be compelling evidence that tOSU (beyond Tressel) was aware of problems with memorabilia (even if not the tat's per se) long before the problems surfaced in December. That strongly implies there was a deliberate cover up of the real facts, and negates the purpose and outcome of tOSU's internal investigation. The NCAA could (and should) contend that the internal investigation was itself an attempt to hide the most damning evidence and scope of wrong-doing as well point the NCAA investigators away from further examination, and the self-imposed sanctions an attempt to sweep the incident under the rug. It's a stretch, but the NCAA could say that the sheer volume of self-reported minor violations were, in fact, part of a rouse to hide a pattern of massive, major rules violations going back for most of the decade.

It could be seen as similar to Nixon's Attorney General John Mitchell investigating the Watergate break-in and cover-up, when in fact, he had a major role in planning and executing both.

M-Wolverine

June 9th, 2011 at 4:17 PM ^

I love this guy-

I love him for jerking around Michigan in recruiting and sticking with that school in Ohio.

I love him for not giving a shit from day 1, and continuing it to the bitter end.

I love him for doing what Clarett, Troy Smith, and all the rest couldn't manage to find a way to do, no matter how hard they tried.

Thanks TP. Keep up the good work (especially if you have any parting gifts....)

markusr2007

June 8th, 2011 at 7:12 PM ^

to me.  I mean, as a public institution, it's irresponsible to not clamp down on equipment theft.

In 2006 there was this article from the Springfield News Sun about Ohio State equipment manager, Lewis VanHoose.

"Inside the equipment room

Players are given two away and two home jerseys for the season, unless a jersey is damaged beyond repair.

Anything worn by members of the team, coaches or other staff must be made by Nike, which holds a contract with Ohio State's athletic department.

VanHoose is responsible for cleaning the helmets every Sunday. The players are given a practice helmet and game helmet.

The shirts and hats made for bowl championship are not handled by Ohio State. Bowl officials and the NCAA take care of ordering and designing the apparel. VanHoose and his staff are responsible for dispensing the stuff after a game, but never see the apparel if the Buckeyes lose."

Njia

June 8th, 2011 at 7:33 PM ^

Here's an off-the-wall thought: at what point might the U.S. Justice Department and/or the FBI get involved in this? Considering that the DOJ is already looking into the BCS and the FBI into the drug-dealing tattoo artist, could they expand the scope to look into the shenanigans at tOSU, including potential misuse of public funds (which might be more of a state matter than federal), fraud, and so on?

Another hypothesis: could the fear of such an outcome be the real reason that tOSU is not forthcoming with documentation? In other words, it's not the NCAA that worries tOSU, but the possibility of one or more criminal complaints at the state or federal levels?

Zone Left

June 8th, 2011 at 7:58 PM ^

I really hope the FBI doesn't decide to investigate this stuff. That would be a waste of public money, IMO. Considering the OSU AD probably gives money back to the university each year vice take money, it would be difficult to even hypothetically say the AD was wasting the state's  cash.

Sommy

June 8th, 2011 at 8:16 PM ^

I'm thoroughly convinced that 90% of the reason for the Blue Album's awesomeness is Matt Sharp's badass bass tone.  Seriously!

[/randomcuzofthesweatersong]

nyc_wolverines

June 8th, 2011 at 11:34 PM ^

One more jackass in media sez "Tressel took a bullet" gonna bust the first fat ass I see in Buckeye hat.

 

That hypocritical wolf in sheeps clothing made a wreck of biblical proportions in OSU's program.

 

Tressel shat on his team, his religion, his school.  But he can find solace in the loving arms of Brent Musberger. They can get a nice room in the Poconos...

Salinger

June 9th, 2011 at 9:03 AM ^

He says in his article:

 

"But there's an important point lost in the rush to bury the Buckeyes that bears repeating. Despite all appearances of decorum run amok, all the NCAA asks of its member institutions in these situations is to stay out in front of the matter. Don't obfuscate: Investigate. Admit you screwed up. Hit yourself over the head with the hammer first. Even those that overtly lie and cheat will still get leniency if they come across as forthright in their internal probe.

Ohio State's doing that.

USC didn't."

 

 

Hit yourself over the head with a hammer first?  How has OSU done that?  They fired their coach who would have been forced out by the NCAA anyway.  Whoopie!  They have said in the press that they are looking to make their compliance regulations and processes better.... says the crew who has all of NCAA law enforcement staring at them!  

 

I'd say I'm surprised by this, but it is Drew Sharp so... no, I'm not surprised.

Eye of the Tiger

June 9th, 2011 at 10:51 AM ^

But I bet it won't be much worse either.  Why? Because, first of all, unless I'm mistaken the NCAA has a four-year statute of limitations on these matters, so Clarret and Smith era problems are not admissable.  

Second, I think the NCAA will want to punish OSU in a way that kills their prospects for a few years, but does not want to destroy one of its highest profile, and biggest money-making programs.  USC's sanctions are a model for that.

 

 

Njia

June 9th, 2011 at 11:40 PM ^

I have read somewhere on this site (don't hold me to when or where or who wrote it) that the 4-year limitation does not apply if a pattern of rule-breaking extends beyond the limit. There may be other exceptions as well.

WestSider

June 9th, 2011 at 11:12 AM ^

in response to your question. I have read all the posts in this thread and I'm proud to say there are a bunch of smart, thinking, funny individuals here. However, the answer to your question is simple, and the answer is unassailable:   NO

undies22

June 13th, 2011 at 4:28 PM ^

 

 

“Should” get off easier than USC?  Not sure who’s willing to go there.  “Will” get off easier?  Mmmmm....Gauntlet Light.
 
[Author Note – Boy, that escalated quickly.  I mean that really got out of hand fast.  Started with an hour to kill between 4-5pm last Thursday.] 
 
I cosign 100% with Brian’s statement that OSU should get much worse than USC.  But nearly 100% of his OSU-USC analogy is off the mark.  That statement tells all anyone reading this board all they need to know about how convoluted the NCAA investigation/sanctioning process can get.  “Abandon common sense all ye who enter.”
 
Let me ballpark things up front.  No lack of institutional control violations = No USC-level sanctions.  IMHO, anyone who looks at the facts as they sit today and still believes a lack of institutional control (“LIC”) is headed OSU’s way hasn’t spent a couple days looking into and thinking about it from every conceivable angle.  On April 21, 2011 the NCAA sent Gordon Gee its Notice of Allegations without an LIC charge, meaning such a charge will almost certainly have to come from evidence or violations uncovered after that date.  As Brian points out, what’s come after the 3/25/11 outing of the Tressel-TP-Sarniak menage has been all Preparation and no H.  Steepening the betting odds against USC-esque sanctions is that the NCAA’s treatment of McNair’s violations in the USC Report actually makes it more difficult to project a similar whack for OSU, and that unlike USC, OSU has not stonewalled the NCAA reporting process.
 
As far as USC level sanctions go... it looks like that corpse was buried at sea with once Jim and (to a lesser extent) Pryor slipped overboard.
 
1. No ‘lack of institutional control’ = no USC level sanctions.  Given the NCAA’s reliance 
on precedent and bizarrely strict adherence to an Old Testament-style system of punishment, without finding LIC, it won’t matter how much the NCAA wants to make an example of OSU.  
 
In the room next door to UM fans is a tantalizing smorgasbord of punishments, that smells of bowl bans, scholarship losses, TV bans, and a carving station with perfectly medium-rare death penalty.  Not too dry.  We’ll never know for sure what delights lay just beyond without an engraved invitation stamped L-I-C.  The room we’re in now has fridge with the culinary equivelant of leftover chinese food of indeterminate age.  Some wins and a B10 championship vacated, probably.  
 
If we’re real lucky the last pair of gold pants ever was handed out last year.  Buy now while asking prices are still comically reasonable.     
 
2. Failure to monitor.  Failure to promote an atmosphere of compliance.  That is how the
NCAA defines LIC.  You’ve got to cram the violations of OSU the institution into one of those tents just to get to first base.
 
3. The LIC findings and punishments in the USC Report were not tied McNair in any way, shape, or form.  Of this I’m like 96% sure.  Its been awhile since I read that somebitch, but his role in the Bush scandal wasn’t mentioned anywhere in the institutional control section of the Report’s violations or punishments.  Which sucks because he was found guilty of the exact things as JT. Namely, he knew major violations had occurred, never snitch, participated in a cover-up, and repeatedly lied to the NCAA about it.  You scrub McNair completely from the USC report and it wouldn’t move the needle one way or the other LIC-wise. 
 
McNair became the media’s focus of the USC Report because it was by far the sexiest angle.  But the actual result of those nasty findings against McNair didn’t hurt anybody.  Except McNair. And his poor, poor mother.  A ‘Show Cause’ penalty is the coaches problem.  Any damage to the program is collateral 
 
3a.  For anything to be different this with OSU, the NCAA will have to basically find that,
unlike RB coach Todd McNair, Jim Tressel was the institution.   Could they?  Cuss yeah!  Is there precedent for it?  Ehhhhh.... maybe for my next project.  
 
Will they?  Almost certainly not.
 
The day after JT’s initial presser the NCAA should rightfully have called Gee and told him, “LIC is on the table as of this moment.  We don’t so much as discuss it coming off until I see a pike held high with the heads Smith and Tressel.  We’d appreciate it if you could ‘get right on that.’”  
 
That didn’t happen, so we must accept the JT as lone gunman defense as viable.  The known record shows him as the only conduit between the school and outside sources of information linking the players to improper benefits.  Allegedly, JT didn’t even tell the dirty players themselves he knew what was up.  He simply informed the team as a whole, “Stay away from Fine Line and Rife.”  To move Tategate from problem that dies with JT to a possible LIC charge would require showing either: a) the school had reason to know about the violations before the Fed’s letter in Dec 2010 and took no action; or, b) the violations and JT’s cover up went undiscovered as the result of weak compliance efforts.   
 
There’s a very, verrrrry clear option “c” that should to be on this list.  From an NCAA compliance standpoint the head coach and institution must be considered a single entity.  You can argue over other members of the team staff, but as far as their sport goes, the head coach is the chief compliance officer.  Period.  Coaches report possible violations and the school decides what to do with that info.  That’s the only permissible distinction.  To treat the school employees responsible for hands-on oversee of a the team differently in any other way than the school employees responsible handing in compliance forms and calling the NCAA when there is a problem is a blue print for cheating the system.  
 
3b. That doesn’t mean the institution has strict liability for the compliance sins of a coach.  It does clearly mean an institution must have a zero tolerance policy for anything less than 100% reporting transparency from the HC when it comes to NCAA infractions.  How can you operate otherwise and claim to “foster an atmosphere of compliance”?  
 
That phrase may sound like it was written by the kindergarten teacher from Happy Gilmore, but what it really means is that the institution ensures employees are sufficiently scared sh--less of not reporting possible violations.  Let alone committing them.  
 
Here, OSU’s defacto head of football compliance (and the athletic department’s most high profile employee) walked in on an orgy of violations, tore of his clothes and jumped into said orgy*, then told oodles of lies right to the face of his parents, the cops, and the media, about whether he knew the orgy ever wend down.  When all this was brought to his parent’s attention, they said, “Jimmy, you’re such a good boy.  An angel among us.  But we can’t let this slide.  Its straight home after practice tomorrow and an elevvvv... make it 11:30pm curfew this Friday.”      
 
OSU the institution, the capital “I” Institution’s collective response to all the revelations over Tategate has to been to squat directly over everything the NCAA claims to hold dear, and take a big, yucky, poop on it.  The NCAA should be using OSU as an example of what every school should do if they want to do the exact opposite of fostering compliance.  
 
OSU’s on the record statement of what they considered an appropriate institutional response was a kiss on the wrist.  And the instutution’s statement never waived. 2 non-con games for the kids, 2 for the coach (JT’s $250k fine is 2 games with of salary), and a promise to really take this stuff seriously in the future.  For realz this time.  They never dropped their appeal of the player suspensions, and it was JT himself who bumped his game suspension to match their 5.  Gee is on record that JT was never given an ultimatum, and resigning was all JT’s idea.  The school’s actions in terms of consistently seeking penalties well below NCAA precedent speaks volumes about their attitudes toward compliance.  But in this rare case Smith/Gee’s statements (ie, the institution’s statements) have actually spoken louder.  
 
The “hope he doesn’t fire me” soundbite is the one that’ll live forever.  For me the money quote was, “We trust Jim implicitly.”  It encapsulates the essence of the distinction between the OSU and USC situations.  
 
It should be a distinction without meaning.  USC treated compliance like a joke and cheating got out-of-hand.  OSU built the Titanic of compliance departments and continues touting it as unsinkable months after the ship had settled on the bottom of the ocean.  The “We don’t care” approach vs. the “We don’t care if anyone performs their compliance roles competently” approach.  Don’t both stances have a negative impact on the atmosphere of compliance? 
 
OSU the institution has either constructed a ‘front’ for compliance, or been shockingly incompetent in the hiring and ongoing management the 3 biggest fish in their NCAA compliance pond (Gee, Smith, JT) and who knows how many more?  Like, a 12 volt to the nuts shockingly.  NCAA sanctions are supposed to punitive and corrective measures.  Unless the NCAA pulls a 180 it will set the crystal clear precedent that willful blindness will get you gaffed, as where FAIL allow you to be gently let off the hook.        
 
4. Apparently the NCAA sees this zero tolerance logic as less than bulletproof, since as of 
the April 21, 2011 Notice of Allegations letter to Gordon Gee, everything I just wrote was widely known and long digested, yet LIC was not on the table. 
 
 The media at large has poo-pood this fact into the ground with the a perfunctory, “...but the NCAA can always add more allegations” that allows them to get on with the lambasting.  And I’m cool with that.  
 
But why does anyone believe the NCAA will add those allegations?  Common Sense?  The facts?  Presumably the NCAA had both those in its hands on 4/21/11 when their Notice of Allegations went out without an LIC charge.
 
If there’s one thing we can solidly say about the NCAA its that they’re not in a hurry to do anything.  Ever.  So here they are on 4/20/11.  In the midst of one of the highest profile NCAA investigation in history.  Torches are lit.  Pitchforks pointed.  New allegations flowing like wine.  The media and public in 49 states and the greater-Toledo area are thirsty for BLOOD.   The rhetoric is flying, some of the strongest coming directly from the new NCAA prez himself, whose own institution is being ridiculed for allowing TP et al. to play in the Sugar Bowl while watching Cam Newton and Auburn ride happily into the sunset.  Leading the new sheriff to actually says what everyone is thinking, namely, nothing would boost the NCAA’s image and restore authority like a very public hanging.
 
Yet, on April 21, 2011, the NCAA decided to go off half-cocked with a Notice that doesn’t include the most serious charge under consideration?  Really?  That’s how it went down?  
 
On April 21, 2011, the NCAA was possessed of all the juicy details we know of regarding JT, TP, Ted, Fine Line, Rife, Cicero, Smith, Gee, et al.  And more. There was no reason for the NCAA to rush out the notice at that time.  On that date if the NCAA thought they had a case to beef OSU with LIC for their handling of compliance, the NCAA investigations in question, or how the school comported itself in the wake of these revelations, they should have had all the relevant evidence they needed to support such a charge.  
 
They chose not to.  
 
Assuming the time of that notice was the result of a sloppy mistake by the NCAA, or some unknown behind the scenes reason nobody has been able to figure out, nearly two have passed since the Notice was drafted.  We’re now closer to the Aug 12th hearing date than we are to the issuance of that notice.  The purpose of notice is to alert OSU the charges it’ll be answering to at the hearing with enough time to collect relevant evidence and prepare its defense.  How long is the NCAA waiting to ‘spring’ the allegation on them and/or announce the Aug 12th hearing date is being pushed to conduct further investigation into adding such a charge?  
 
5. The key elements in the USC Report finding LIC were its puny compliance department 
and gross indifference to compliance oversight as a concept, obviously a huge difference between that case and OSU.  The Report’s treatment of their stonewall approach and defiance in the face of significant evidence was not directly linked to the LIC finding, it was more of a kicker once things moved to punishment phase.  OSU’s approach to compliance is the polar opposite of hiding and stonewalling, which would act as a mitigating factor at the punishment phase, and could add a significant layer of difficultly even if the NCAA was hellbent on nailing OSU for LIC.       
 
USC’s defense was that if the had seen something worth looking into, they would have. In that context USC’s “you ain’t nothing but a lot of talk and badge” attitude toward the investigation was consistent with their defense.   The NCAA said you lose anyway because you should have seen this stuff and probably would have if you followed NCAA guidelines.   
 
OSU looks at everything but only sees what it wants to.  Which, curses(!), was never  major NCAA violations.  
 
OSU pretends to care.  Pretends to be proactive.  Has a massive compliance staff.  Ted Sarniak isn’t a back alley booster whose name was buried somewhere in Pryor’s file.  His name was practically next to TP’s on page 1.  OSU doesn’t pay lip service to taking compliance seriously.  They can afford to pay for actual.... uhh, tongue (?) service.  “Is compliance important to tOSU?  Have you SEEN the size of our staff!  Don’t you know they work out of an office built entirely from signed/notarized NCAA affidavits?”  OSU’s compliance dept is a perfect mirror of JT himself.  The surface is so compelling it not only hides what’s below, even when the underlying contradictions are laid bare you question if what you’re seeing could really be true.  
 
When something like Tatgate or Pryor’s Wild Rides Round 1 hit in Dec 2010, OSU compliance does its thing.  Document.  Investigate.  Report STAT.  Follow up.  Invite the NCAA to join the party.  Cooperate.  All good things and easy to document.  Then they figure out the most desirable outcome for OSU and fill in the blanks behind it  with whatever investigative ‘results’ are deemed least likely to attract future scrutiny, always  leaving a plausible back door open just in case.  These are bad things excruciatingly difficult to prove.
 
The NCAA has no subpoena powers.  On the other hand, they also don’t have to deal with exclusionary rules of evidence.  Put those facts together and the result is most evidence and findings in an NCAA inquiry like this one are circumstantial in nature.  So while USC’s stonewalling approach didn’t lead to the LIC finding, in helped paved the way for that finding.  The NCAA only had to pile up the individual instances of  unreported violations high enough to say, “no way you should have missed this” in order to prove their case for LIC.
 
Here, OSU’s defense is going to be, “We tried our best.  We put in the resources and lived within the letter of compliance efforts.  We built a dam.  True, a  lot of water got through.  Between us we were just as taken in by JT everyone else, and all these shennangins happened on his watch.  We were about to finally fire him but he beat us to the punch.  He’s gone now and we’ve learned some other lessons.  This won’t happen again.  Honest.” 
 
That defense is a lot harder to topple.
 
6. What are we missing?  Based on undisputed facts and reasonable inferences, I feel
safe in saying that on 4/21/11 the NCAA didn’t think it had the horses to go for LIC, and given that we’re less than 2 months from the hearing with no public changes on that front, its officially a longshot.  Perhaps the NCAA saw a tactical advantage in holding that charge back.  Perhaps they felt some pressure to get the allegations against JT on the table in time to schedule a hearing that would happen before the football season, and are now taking their sweet-ass time doing anything else.  
 
For now my hopes are pinned to an FOIA request that leads us to OSU’s nazi gold, or a couple ½ decent witness stumbling forward to openly testify about contradictions between what the institution has claimed to know about, and when, with regard to Tategate and/or the other various perks OSU football players availed themselves of.  
 
At this moment all those prospect are looking very dodgy. 
 
*One of the widely accepted myths in the Tategate fiasco is that JT never committed any actual violations, other than those related to not reporting/covering-up someone else’s violations.  That was the hatstand for OSU supporters who wanted to parse levels of NCAA culpability between the JT’s and the Bruce Pearl’s of the world.  This premise was rarely if ever challenged by outside pundits who usually shrugged their shoulders and responded “who cares” if not “what JT did is actually worse.”  
 
IMO - Isn’t suiting up players you know to be ineligible and playing them for an entire season a “violation” itself?