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	<title>Comments on: The Big Problem is Process, Not the Penalty</title>
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	<link>http://www.ncaa.org/blog/2010/12/the-big-problem-is-process-not-the-penalty/</link>
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		<title>By: IBCRBlog</title>
		<link>http://www.ncaa.org/blog/2010/12/the-big-problem-is-process-not-the-penalty/#comment-45</link>
		<dc:creator>IBCRBlog</dc:creator>
		<pubDate>Wed, 15 Dec 2010 19:15:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.ncaa.org/blog/?p=463#comment-45</guid>
		<description><![CDATA[Great post, and you&#039;re getting warmer.  Much warmer than either Gary Parrish or Jeff Goodman got in their posts on the St. Elmo dinner.  The way I see it is this: The inability to treat similar cases similarly, born from the league leadership&#039;s belief that no two cases are alike, is creating chaos where none need exist.

Imagine if the criminal justice system were modeled like this, where no two cases are ever treated similarly. No two serial killers would be given life in prison without parole or the death penalty. What about two mob bosses convicted of extortion, money laundering, illegal gambling and drug trafficking? Don’t they both get life in the federal lockup? Not in the NCAA model.

Each state has a standard way of dealing with repeat offenders. The first offense is treated the same way throughout the state. The second offense is dealt with more harshly, but identically. The third offense might result in a life sentence (depending on the state), but there is a standard procedure to be followed. This produces a criminal justice system that is ordered, understandable and predictable.

The NCAA’s “all cases are different” approach is the diametric opposite of order and predictability. In fact, if there’s one thing that’s consistent with the NCAA’s investigative and punitive procedures, it’s that there’s no consistency whatsoever.  The result is chaos.

A kid at one school accepts a ride in a golf cart from someone who turns out to be an agent. That kid is ruled ineligible. Another kid’s dad shops him around for hundreds of thousands of dollars, lies about it at first, then finally cops to pimping his son. That kid doesn’t miss a down. One kid’s dad accepts a plane ticket from an inappropriate source and is ruled ineligible, even though the kid had absolutely no clue about his father’s transgression. The kid whose dad was pimping him to the highest bidder says he didn’t know what his father was doing, and he gets to skate?

It leaves everyone—from the other college programs to the media to the everyday fans—scratching their heads and going “WTF?” 

it creates an environment for arbitrary (some might say even capricious) interpretation of applicable rules.]]></description>
		<content:encoded><![CDATA[<p>Great post, and you&#8217;re getting warmer.  Much warmer than either Gary Parrish or Jeff Goodman got in their posts on the St. Elmo dinner.  The way I see it is this: The inability to treat similar cases similarly, born from the league leadership&#8217;s belief that no two cases are alike, is creating chaos where none need exist.</p>
<p>Imagine if the criminal justice system were modeled like this, where no two cases are ever treated similarly. No two serial killers would be given life in prison without parole or the death penalty. What about two mob bosses convicted of extortion, money laundering, illegal gambling and drug trafficking? Don’t they both get life in the federal lockup? Not in the NCAA model.</p>
<p>Each state has a standard way of dealing with repeat offenders. The first offense is treated the same way throughout the state. The second offense is dealt with more harshly, but identically. The third offense might result in a life sentence (depending on the state), but there is a standard procedure to be followed. This produces a criminal justice system that is ordered, understandable and predictable.</p>
<p>The NCAA’s “all cases are different” approach is the diametric opposite of order and predictability. In fact, if there’s one thing that’s consistent with the NCAA’s investigative and punitive procedures, it’s that there’s no consistency whatsoever.  The result is chaos.</p>
<p>A kid at one school accepts a ride in a golf cart from someone who turns out to be an agent. That kid is ruled ineligible. Another kid’s dad shops him around for hundreds of thousands of dollars, lies about it at first, then finally cops to pimping his son. That kid doesn’t miss a down. One kid’s dad accepts a plane ticket from an inappropriate source and is ruled ineligible, even though the kid had absolutely no clue about his father’s transgression. The kid whose dad was pimping him to the highest bidder says he didn’t know what his father was doing, and he gets to skate?</p>
<p>It leaves everyone—from the other college programs to the media to the everyday fans—scratching their heads and going “WTF?” </p>
<p>it creates an environment for arbitrary (some might say even capricious) interpretation of applicable rules.</p>
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