Tiny Gallon and the NCAA

[Edmond_Sooner]

Long story fairly short, I couldn't play for a whole year because they said I "accepted" the pay of a traveling team whose roster had my name on it. It was one of those ex player teams that you sometimes see pop-up in exhibition games, they have sort of gone out the wayside. All I did was practice with them a few times because I knew a couple of the guys that were on the team. Somehow (I still don't know how) my name was on their roster while they played a few games. They make next to nothing to travel and play, but even despite that, and despite the fact I was in school when their games started (details aren't important here, of course) the NCAA called. Convienently, I missed a couple of practices due to personal matters, and they pinpointed those two days as when I played for a team featuring guys 6-10 years older than me, in freaking Kansas. (why the hell would I want to go to Kansas to play a game for 100 bucks) Despite witnesses that accounted my story, they sided with one clown with evidence, a clown who had a grudge. After a shoddy and one-sided "investigation" (hell I didn't even know they paid attention to the Horizon League) there wasn't much I could do, other than some fruitless appeal. It's not all that unlike Mike Balogun, aside from the fact that he did actually play for a semi-pro team at one time, and aside from the fact that Mike had NFL potential.

If you want more details I can PM you, but that's the gist of it.

Wow...you must have had one serious enemy...

A lot of my former teammates went on to play for these traveling teams so i know exactly what you are talking about...i was asked to play but it was for peanuts, i could have made more working at a fast food joint...i loved basketball and probably would have had fun playing against the OU's, Kansas's and so forth, but IMO it was for guys that careers were over and were just hanging on...

So did you have to use a Redshirt or did you lose that year all together? you can PM me if you want...

 

[152219]

With our athletic department's prior transgressions, I would rather have Capel, Castiglione, etc. play it safe. Do I like the NCAA? Not that much, would love for someone to step up and challenge them. I'm sure someone on here has a law degree, get on it.

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OU has a history of challenging the NCAA....there is a reason we get to watch every OU football and basketball game on TV and that is because OU (with Georgia's help) took them to court and won.

 

[Hecubus]

[ The following is an opinion ]

The NCAA is a private organization that is allowed to do whatever it wants to it's members as long as it doesn't violate state or federal law -- even if those actions are inconsistent with it's own bylaws. Preventing you from playing basketball in one of it's private, club sanctioned events, is perfectly acceptable. They can do it on a whim and still be in the right, because it's a corporate club... not a public service or constitutional right.

From the legal point of view your ability to play basketball is not hindered... just your ability to play basketball for a specific club; and as long as you are not prevented from playing because you are a member of a protected class ( age, race, gender, etc) then there is no recourse beyond the NCAA kangaroo courts. This is the same reason the pro corporations like the NFL and MLB can fine their players, suspend them, etc., and not pay for it in civil court. The members have all agreed to settle any disputes via binding arbitration in the "court" owned and operated by the corporate entity. It's decidedly unfair in the extreme because that's the way the members (and organizing entity) have agreed to run it. Being a "club" insulates the NCAA from having to deal with player's and coaches unions, and most likely from legal monopolist arguments (which apply to corporations and trusts, not private clubs that I know of ).

You'd also be fairly surprised to see just how few rights you have as employee's of a corporation ( no privacy rights, no "free speech" protections for your job, generally no recourse for "at-will" firings, etc). They are very similar.

 

[seniorsooner]

 

[earlpearl]

The NCAA are a bunch of political hacks. The whole organization should be disbanded.

 

[DenverSooner]

[ The following is an opinion ]

The NCAA is a private organization that is allowed to do whatever it wants to it's members as long as it doesn't violate state or federal law -- even if those actions are inconsistent with it's own bylaws. Preventing you from playing basketball in one of it's private, club sanctioned events, is perfectly acceptable. They can do it on a whim and still be in the right, because it's a corporate club... not a public service or constitutional right.

From the legal point of view your ability to play basketball is not hindered... just your ability to play basketball for a specific club; and as long as you are not prevented from playing because you are a member of a protected class ( age, race, gender, etc) then there is no recourse beyond the NCAA kangaroo courts. This is the same reason the pro corporations like the NFL and MLB can fine their players, suspend them, etc., and not pay for it in civil court. The members have all agreed to settle any disputes via binding arbitration in the "court" owned and operated by the corporate entity. It's decidedly unfair in the extreme because that's the way the members (and organizing entity) have agreed to run it. Being a "club" insulates the NCAA from having to deal with player's and coaches unions, and most likely from legal monopolist arguments (which apply to corporations and trusts, not private clubs that I know of ).

You'd also be fairly surprised to see just how few rights you have as employee's of a corporation ( no privacy rights, no "free speech" protections for your job, generally no recourse for "at-will" firings, etc). They are very similar.

In an effort to avoid turning this into a legal debate and discussing Supreme Court authority, I would concur that is essentially the law as it stands today. However, it is not right and should not continue. Many things have been legal at times but were not right.

 

[DenverSooner]

The NCAA are a bunch of political hacks. The whole organization should be disbanded.

I agree. I think that college sports needs a governing body but this current one needs to go. In my opinion the NCAA does not care at all about the student athlete or the member organizations.