FSU Goes To Precedence In NCAA Rebuttal

In yesterday afternoon's collection of One-Liners, we noted in passing the fact that Alabama State had their five-year probation for, among other things, academic fraud reduced to three on appeal.

As it turns out, that case is serving as one of several lynchpins in Florida State's rebuttal to the NCAA Committee on Infractions' decision to uphold their vacating-of-wins penalty.

According to the Tallahassee Democrat, FSU today officially issued their response to the Infraction Appeals Committee, arguing in part that the precedent set by the Alabama State decision, when coupled with their own self-reporting and self-corrective actions in the case, should lead to the victories that have been taken away being returned.

"This Committee's recent decision in the Alabama State University case compels reversal here," attorney William E. "Willie" Williams wrote in the response.  "That case involved academic fraud, including numerous instances of grade manipulation, as well as ineligible competition, recruiting violations, and lack of institutional control.

Williams also cited directly from the NCAA's decision to reduce the severity of Alabama State's penalties as another factor in reducing FSU's sanctions for an online course scandal, an incident the university self-reported: "The impact of this self-imposed probation was a material factor that the Committee on Infractions did not appropriately consider and weigh; it's failure to do so constitutes an abuse of discretion..."

While the 20-page rebuttal has been submitted, FSU will still need to present oral arguments in front of the committee; at this time, no date has been scheduled.

Obviously, the biggest impetus behind FSU's dogged pursuit of a reversal is Bobby Bowden.

While several other sports were affected by the vacating of wins, none were hit harder than the football program in general and Bowden specifically.

If the original decision isn't ultimately overturned, Bowden will lose up to 14 victories, all but ending the race between himself and Penn State's Joe Paterno for the title of all-time winningest Div. 1-A head coach.

Paterno currently leads Bowden, 383-382.


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4 Responses to "FSU Goes To Precedence In NCAA Rebuttal"

  1. myopinionisrighterthanyours says: July 1, 2009 2:49 PM ET

    Even as a Gator fan I have to agree with FSU on this one. How do you punish coaches for playing kids that to the best of their knowledge were eligible to play. That being said, I think FSU is getting off nearly scot free on this one. This case screams "lack of institutional control" and what happened to the good old days of taking teams off TV, and maybe banning them from a bowl game or two. That'd wake them up in a hurry. Don't punish Bowden. Punish the school.

  2. Whatever says: July 1, 2009 3:14 PM ET

    I would think FSU would not want to keep this story going. They came away with a fairly light punishment, and now they are constantly reminding everyone that they cheated whenever this story gets mentioned in the media. It just makes the school look bad. Take your punishment and move on.

  3. JAG880 says: July 1, 2009 8:04 PM ET

    Lack of institutional control? Come on! There's a problem in one class and you want to say the entire institution is out of control? OK.

    As for TV bans and/or bowl game bans. It's true, in the past this would have been the route that the NCAA took. More than ever, the NCAA's favorite color is green, and taking FSU off of tv and out of bowl games just isn't going to happen. Nor for any other school, for that matter.

  4. myopinionisrighterthanyours says: July 2, 2009 8:14 AM ET

    Jag880, when it involves 81 athletes in NINE sports! Yes, lack of institutional control. Realize your beloved coaches are being forced to take the fall for your school.

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