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.

Former Bowling Green lineman settles concussion lawsuit for $700K

DETROIT, MI - DECEMBER 4: The Bowling Green Falcons enters the field prior to the start of the game against the Northern Illinois Huskies on December 4, 2015 during the MAC Championship at Ford Field in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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A former Bowling Green football player who claimed he suffered permanent brain damage has settled a lawsuit with the university.

According to the Toledo Blade, Cody Silk will receive a $712,500 settlement in the agreement reached between himself and BGSU.  As part of the agreement, the university did not admit fault and the former offensive lineman agreed that he would not pursue any further damage claims.

Silk had filed his suit in 2013, claiming “that BGSU coaches and medical staff failed to withhold him from practices after he suffered repeated concussions.”  Silk claimed that he had suffered two concussions in 2010, but was cleared by the football program’s medical staff to return to full-contact status in practice; shortly thereafter, he suffered a third concussion.

The lineman subsequently parted ways with the team, lost his scholarship and dropped out of school.

The settlement came after Silk’s attorneys had asked the Ohio Court of Claims to reconsider their initial rejection.  From the Columbus Dispatch:

 The court initially rejected Silk’s claims, finding Silk signed a release of liability to play football in which he assumed the risk of possible injury. He refiled the claim last year. A state attorney claimed Silk was exaggerating and overreporting his symptoms, but the settlement will keep the case from going to trial.

In their motion for reconsideration, Silks’ representation contended, the Blade wrote, “the release [of liability] didn’t cover ‘wanton and willful misconduct,’ which he alleged BGSU’s conduct was.”

Hogs WR Keon Hatcher undergoes second surgery on same foot

FAYETTEVILLE, AR - SEPTEMBER 5:  Keon Harcher #4 of the Arkansas Razorbacks catches a touchdown pass over Kalon Beverly #32 of the UTEP Miners at Donald W. Reynolds Razorback Stadium on September 5, 2015 in Fayetteville, Arkansas.  (Photo by Wesley Hitt/Getty Images)
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An injury that wiped out most of Keon Hatcher‘s 2015 season has resurfaced.

On social media over the weekend, Hatcher posted a video which revealed his left foot encased in a post-surgery boot.  WholeHogSports.com subsequently confirmed through multiple sources that Hatcher had indeed undergone surgery recently.

The website writes “[i]t’s unclear why Hatcher required the surgery or whether he will miss any practice or playing time because of the surgery.”  The university has thus far declined to address the receiver’s status, although head coach Bret Bielema could be expected to touch on the situation during a post-spring press conference Thursday.

During Arkansas’ Week 2 upset loss to Toledo, Hatcher suffered a broken left foot that at first was expected to sideline him for a minimum of six weeks but, following surgery, ultimately cost him the remainder of the season.

At the time of the injury, Hatcher was the Razorbacks’ leader with 198 receiving yards and two touchdowns.  In 2014, he led the team with 558 yards receiving and six touchdowns.

Hatcher received a medical hardship waiver for the 2015 season, which will allow him to return as a fifth-year senior this season.

QB Nick Johns decides to transfer from Virginia

CHARLOTTESVILLE, VA - SEPTEMBER 25: A Virginia Cavaliers fan reacts to the Cavaliers being charged with a safety in the second quarter against the Boise State Broncos at Scott Stadium on September 25, 2015 in Charlottesville, Virginia.  (Photo by Rob Carr/Getty Images)
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Seeing the writing on Virginia’s depth chart wall, Nick Johns has decided to take his leave of Charlottesville.

As more and more kids are doing these days — especially the cool ones — Johns took to Twitter to announce that he has decided to leave the Cavaliers football program and transfer to an undetermined elsewhere.  According to the quarterback, he was given an unrestricted release from his UVa. scholarship.

Johns, who is not related to returning Cavalier starting quarterback Matt Johns, was a three-star member of UVa.’s 2015 recruiting class, rated as the No. 19 pro-style quarterback in the country and the No. 5 player at any position in the District of Columbia. As he didn’t see the field as a true freshman, Johns’ main claim to fame during his brief time with the Cavaliers was a driving while intoxicated charged he accrued last August.

With Matt Johns and Connor Brewer, a Texas/Arizona transfer, in a dead-heat for the starting job exiting the spring, and former East Carolina starter Kurt Benkert added as a graduate transfer over the weekend, Nick Johns’ decision to leave for a better shot at playing time is understandable.

Wyoming basketball player gives up hoops to play football

BOISE, ID - OCTOBER 24: Head coach Craig Bohl of the Wyoming Cowboys rallies his team at the start of the fourth quarter of the game against the Boise State Broncos on October 24, 2015 at Albertsons Stadium in Boise, Idaho. Boise State won the game 34-14. (Photo by Loren Orr/Getty Images)
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At the expense of its basketball team, Wyoming’s football team has made an early-May addition to its roster.

Austin Conway, a Cowboys basketball player, expressed a desire to play football earlier this year and was given clearance by both head coaches involved, Craig Bohl on the football side, Allen Edwards on the basketball side, to participate in spring practice.  With the 15 spring sessions now in the books, Conway has made his decision and will give up basketball in order to concentrate on football.

Conway, a Colorado high school quarterback, will play wide receiver at the collegiate level as well as return kicks for the Cowboys.

“I had nice long talks with Coach Bohl and Coach Edwards at the end of spring football,” said Conway in quotes distributed by the school. “Both coaches were very supportive. The biggest thing was I just had to follow my heart. I felt really comfortable being back out on the football field this spring. It felt like I was at home back on the field.”

Conway, who took a redshirt for the Cowboys basketball team as a true freshman in the 2015-16 season, will be eligible to play immediately in 2016 and will have four years of eligibility remaining.  The press release stated that the player’s “scholarship will be shifted from the basketball team to the football team beginning in the summer of 2016.”

As for his football credentials, here is the pertinent 411 from the release:

Conway was an outstanding football and basketball player at Overland High School in Aurora, Colo. He was named to The Denver Post’s All-Colorado team for all classifications as a dual-threat quarterback his senior season of 2014. During his senior season, he passed for 1,341 yards and 13 touchdowns and added 509 rushing yards and five rushing TDs. His junior season, Conway accumulated 1,847 passing yards and 1,130 rushing yards for 2,977 yards of total offense. He had a combined 31 touchdowns, 19 through the air and 12 on the ground. 

“Austin showed us during spring football that he has a passion for the game of football and that he had the skills to benefit our team moving forward,” said Bohl. “We were aware of Austin’s football accomplishments in high school. The fact that he has only been away from the game for a year we believe will make his transition a smooth one. He certainly benefitted from going through spring practice with us and will benefit from having a full summer to work with our strength and conditioning staff. We are excited to have Austin as a part of our team.

“Coach Edwards and I have been working together through this process to try and help Austin decide what is best for him. I want to thank Allen (Edwards) for his willingness to help Austin find the path that he feels is best for his future.