Sen. Hatch Talks BcS With CFT

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In what is either a signal that CFT’s move to NBC Sports has brought about some credibility to this website or one of the seven signs of the Apocalypse — there’s a definite lean toward the latter — we were able, via e-mail, to do a Q & A with Senator Orrin Hatch, the congressman from Utah who will head today’s Senate hearing regarding the Bowl Championship Series.

Sen. Hatch has been up-front and very public in questioning the fairness and, yes, legality, of the current system that crowns a national champion.  Ahead of a hearing entitled “”The Bowl Championship Series: Is it Fair and in Compliance with Antitrust Law?”, the senator was gracious enough to answer a few questions regarding the BcS, his reasoning behind the call for a hearing, and what may or may not come out of yet another face-to-face with those responsible for the current system.

CFT: What led you to call for these hearings and what do you hope to accomplish on July 7? 

Sen. Hatch: I called for the hearings because I believe there are a lot of legal and fairness issues surrounding the BCS. Most significantly, it creates inherent disadvantages for those conferences that don’t receive automatic bids. Nearly half of the all the teams in college football are left to share relatively small amounts of BCS revenue, while the teams from the six automatic-bid conferences each have a share in a much larger pot – even if they don’t win a single game. The BCS is currently attempting to extend the status quo – the same status quo that Members of Congress, the President, and millions of fans throughout the country have complained about – for an additional four years. All the Division I conferences have been told they have to sign the contract by July 9. I hope the hearing will shed some light on the legal issues surrounding the BCS, specifically, whether it violates Sections 1 and 2 of the Sherman Antitrust Act. 

CFT: Could what transpires during that hearing potentially lead you further down the road toward a line of thinking that legislation might be the only way of fixing the inequities of the current system? 

Sen. Hatch: I hope we don’t have to get to that point, but I am considering legislation. I haven’t introduced it yet, but I hope to be able to work with my colleagues to examine this issue thoroughly to make sure we can come up with an appropriate approach if it is called for. This hearing may be helpful toward that end. 

CFT: In a recent newspaper interview, University of Nebraska-Lincoln chancellor and chairman of the BcS Presidential Oversight Committee Harvey Perlman warned that the demise of the current system would lead to a return to the old bowl system, not a playoff. I would just like your thoughts on what comes very close to being a “threat” by one of the most powerful men in the organization.

Sen. Hatch: I don’t know if that’s a threat from Mr. Perlman or if that’s just his opinion. Frankly, I find it hard to believe that the schools involved in the BCS would forego the increased revenues they’ve received under the BCS by reverting back to the old system. I think there’s an alternative out there that will address the revenue and market issues raised by the BCS’s proponents that’s also fair and legal. I’m not interested in getting Congress involved in the minute details of a new system. One thing’s for certain, the current BCS system is fundamentally unfair; I don’t think there’s any real fan of college football who disputes this. Something needs to be done as the status quo isn’t working and there are plenty of other options that are successful elsewhere but have not been tried before in college football. 

CFT: Also in a recent interview, current BcS coordinator Jim Swofford was quoted as saying the following:”The BCS is voluntary. If a conference decided it did not want to be a part of the BCS there is certainly no requirement that it do so. Obviously if certain conferences said they were not going to be a part of it, that could be a factor in its continuation–depending on which conferences, that is.”Isn’t that an express admission that the BcS is all about a handful of conferences, and thus a violation of the Sherman Antitrust Act? That while technically included, unless a conference is part of the Big Six — or, more likely, Big Four — their presence is merely an act of appeasement and they do not want those “lesser” conferences to realize the full benefits of BcS membership? 

Sen. Hatch: There are most definitely antitrust issues involved here. I’ve argued from the beginning that the system is specifically designed to favor some conferences and disfavor others. I think that the antitrust laws are designed to prevent such arrangements among what are supposed to be competitors. These are the issues we’ll be addressing in today’s hearing.  

CFT: Do you have a specific playoff plan that you would like to see instituted?

Sen. Hatch: I, like most college football fans, would like to see a playoff system, but it is my hope that the people with the power to reform the BCS system will do so without government involvement. Almost anything would be better than the current system. However, I don’t think it’s Congress’s place to devise its own playoff format. 

CFT: What will be your next step following this hearing? Is it entirely dependent on what you hear from all the parties involved? 

Sen. Hatch: First, I expect that we’ll get a clearer picture of the BCS problem from the hearings and, as a result, I think there’s a decent chance the Justice Department will look into the system. We may also see private litigation at some point down the line, and, as I said, I’m considering legislation to address this problem too. However, it’s not my desire to have the Senate regulating college football nor have the matter taken to the courts, so hopefully it will not have to get to that point.

CFT: How do you answer the criticism from some in the media that “Congress has better things to do” than meddle in college football? 

Sen. Hatch: Well, if there are antitrust violations going on here, and I think there very well may be, should we ignore them simply because they involve college football? If Congress were to ignore a similar unfair business arrangement in another industry, I think many of these same people would claim that we were shirking our responsibility. With the BCS, we’re dealing with colleges and universities. Should we be holding them to a lower standard than we would hold a purely commercial business? If anything, I think that standard should be higher.

Second ex-Baylor football player arrested for 2013 gang rape

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For the second time in as many days, a former Baylor football player has been arrested for his connection to an alleged gang rape in 2013., according to The Dallas Morning NewsMyke Chatman, a former Baylor running back, was arrested Thursday by U.S. Marshals for suspected gang rape of a female Baylor student one day after former Baylor teammate Tre'Von Armstead was arrested and charged for the same incident.

Chatman and Armstead had previously been suspected of rape in 2013 but no charges were dropped at the time after the alleged victim chose not to pursue legal action against the football players. The woman filed charges against Baylor University in January and has since reached a settlement with the university. However, information from the lawsuit led to more information being revealed and shared with the authorities to contribute to ongoing investigations since these issues have been brought back to life in recent years.

Armstead was arrested for the second time this month, with the most recent arrest related to this 2013 incident. Earlier in March, Armstead was arrested for domestic battery, resisting arrest and damaging a police vehicle.

Report: LSU DL Isaiah Washington ruled ineliegible for spring

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Sophomore defensive end Isaiah Washington has been ruled ineligible for the spring practice season at LSU, according to Ross Dellenger of The Advocate.

Washington was a four-star recruit in LSU’s Class of 2015. The New Orleans native appeared in six games for the Tigers as a freshman. Washington did not play in the 2016 season due to a knee injury suffered in the summer. He was slated to be a backup linebacker and defensive end in 2016 prior to the injury. It is expected to be a backup option for LSU’s defensive line with all four starters back this season.

Ex-Baylor player Sam Ukwuachu has sexual assault conviction overturned by appeals court

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Former Baylor and Boise State football player Sam Ukwuachu has had his conviction for sexual assault overturned, but he is far from free just yet. The 10th Couth of Appeals in Texas overturned a sexual assault conviction on Thursday and is sending the case back to district court for a brand new trial.

The Court of Appeals determined phone evidence used by the prosecution was improperly used and attained.

“In six issues, Ukwuachu complains that the trial court erred by allowing the State to reference the cell phone records of his roommate during its cross-examination of his roommate and his roommate’s friend, that the indictment was defective, that evidence of an extraneous offense was improperly admitted, that his due process rights were violated due to an abuse of the grand jury process by the State, and that text messages between the victim and a friend of hers the night of the alleged offense were improperly excluded,” an elaborate ruling from the Court of Appeals explained. “Because we find that the trial court erred by disallowing the admission of evidence … we reverse the judgment of conviction and remand this proceeding for a new trial.”

“While I respect the 10th Court of Appeals, I disagree with their decision and reasoning in this case,” McLennan County District Attorney Abelk Reyna said upon learning of the appeal decision. “I am extremely confident in the decisions made by our prosecutors and the rulings made by Judge Johnson in the trial of this case.”

Ukwuachu transferred from Boise State to Baylor after being dismissed by the Broncos program in 2013, reportedly following a case of depression in Boise. Boise State denied any knowledge of Ukwuachu’s violence toward women when he was with the program, which was prompted by comments from former Baylor head coach Art Briles. Former Boise State head coach Chris Petersen did claim to have informed Briles of Ukwuachu’s violent past.

Ukwuachu was found guilty and sentenced to 180 days in jail and 10 years probation for rape in August 2015.

The alleged victim of Ukwuachu has already settled a lawsuit with Baylor.

Arkansas state senate votes to revise concealed gun law to prevent guns in football stadiums

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One day after Arkansas Governor Asa Hutchinson signed a bill to allow concealed guns to be carried into football stadiums, the state senate voted to make an exemption to block guns on game day.

The house bill that was signed into law by the governor this week would have allowed those with proper training to be allowed to bring a concealed handgun into an otherwise restricted area such as a football stadium. The bill overruled any stadium policies banning weapons as well, but that will no longer be the case.

According to the Associated Press, the Arkansas state senate voted 22-10 in favor of an exemption to the rule that would uphold a weapons ban in football stadiums throughout the state. The law will still allow those with the proper training to carry a concealed handgun on college campuses, in bars and government buildings, but football stadiums are off limits.

The amended bill still must pass through the House of Representatives in Arkansas.