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Gordon Gee: Bowl ban was coming ‘no matter what’

brennan.164@osu.edu

Published: Sunday, February 19, 2012

Updated: Saturday, June 16, 2012 01:06

Ohio State President E. Gordon Gee disagrees with the penalties that were administered to the university's football program for NCAA rules infractions and seems to think the NCAA tried to make an example of OSU.

During a Feb. 6 meeting with The Lantern, Gee said he believed the NCAA-administered one-year bowl ban and reduction of nine scholarships for infractions dating back to OSU's 2010 season were dealt to the Buckeyes because "this was Ohio State." A college sports lawyer and a former OSU football coach disagree with the punishments assessed to the program, but wouldn't join Gee in saying the NCAA tried to make an example of the Buckeyes.

During the 2010 football season, former OSU coach Jim Tressel failed to report infractions six of his players committed. Buckeyes' wide receiver DeVier Posey, left tackle Mike Adams, quarterback Terrelle Pryor, running back Daniel "Boom" Herron and defensive end Solomon Thomas each received a five-game suspension in 2011 for selling OSU football memorabilia in exchange for improper benefits in the form of tattoos. Linebacker Jordan Whiting received a one-game ban.

The players finished the season and helped the Buckeyes to a 12-1 record that ended with a 31-26 win against Arkansas in the 2011 Sugar Bowl. The season was later vacated as part of the university's self-imposed penalties and the $388,811 of winnings it took from the Sugar Bowl win was donated to charity on Aug. 15.

On Dec. 20, the NCAA announced its penalties for OSU football. Months later, Gee told The Lantern he still disagrees with the NCAA's ruling.

"First of all, the NCAA — if we would have given up five bowl games, they would have imposed the sixth on us because they were going to impose a bowl ban. This was Ohio State. This was (the NCAA's) moment in time, and they were going to impose a bowl ban no matter what we did."

Gee, who focused his comments mostly on the bowl ban and not the reduction of nine scholarships over the next three seasons, said the university's communicative efforts with the NCAA indicate that OSU has been and continues to be "overly compliant in some ways."

"I'm a lawyer," Gee said. "I take a look at precedent. There's no precedent for a bowl ban for us."

In a Sunday email to The Lantern, Stacy Osborn, the NCAA's associate director of public and media relations, said, "The committee stands by the report it issued."

Under the subheading, "Committee Rationale," the Committee's report said:

"The enforcement staff and the institution were in agreement as to the facts of this finding and that those facts constituted violations of NCAA legislation. Further, as previously mentioned, the former head coach was made aware that football student-athletes sold athletics awards, apparel and/or equipment to the tattoo parlor owner, but failed to report the information to athletics administrators. As a result of this failure, the former head coach permitted football student-athletes to participate in intercollegiate athletics competition while ineligible."

Michael L. Buckner, a college sports lawyer and shareholder of Michael L. Buckner Law Firm in Pompano Beach, Fla., told The Lantern that while he does not subscribe to the idea the Committee on Infractions tried to make an example of OSU, he disagreed with the Committee in the Buckeyes' case.

"Under the Committee's logic, Ohio State played ineligible student-athletes in the Sugar Bowl. I have a few problems with their rationale," Buckner said. "(The Committee) is trying to inject themselves in the judgement of the reinstatement staff and the Committee on Reinstatement. That's not in their purview. Their purview is to look at violations."

Buckner said that since the Committee's final report indicated it was Tressel's responsibility to report the violations of the student athletes, harsh punishment should have been assessed to "The Vest," and not the program he was forced to resign from on May 30.

Tressel was assessed a five-year "show cause" order, which would require any NCAA institution to incur penalties if they hired him to coach their football team. Buckner called Tressel's punishment "hollow."

"The Committee did not indicate that Ohio State knew, or should have known, that coach Tressel was not being fully honest," Buckner said. "So how is that Ohio State's fault? Why should Ohio State be punished with a bowl ban? So from my perspective, the Committee should have been harsher on coach Tressel."

Former OSU coach Earle Bruce also took issue with OSU's punishments.

Bruce guided the Buckeyes through the 1979-87 seasons, compiling an 81-26-1 record during his tenure. Bruce also won five bowl games during his time as coach.

During a Thursday phone interview with The Lantern, Bruce said he disagreed with the timing of the bowl ban assessed to OSU.

Bruce also took issue with the punishment given to Tressel, who now serves as vice president of strategic engagement at the University of Akron.

"I'm disappointed in the fact that — what they did, I mean to coach Tressel, they took his job and put him five years out of football … for what should have been a hand slap and a retention of the job. I don't think it was all together done in the right way or was the right punishment.

"The bowl ban should have affected the players responsible for the rules violations," Bruce said. "If they wanted to suspend a bowl game, why didn't they do it last year and get the people that were involved in it," Bruce said. "If you had the seniors on last year's team already getting big punishments and take away the bowl game, it wouldn't have been anything."

Gee, Buckner and Bruce aren't alone in their criticism of the NCAA's penalties — OSU students still feel the penalties were too harsh.

Molly Weiss, a second-year in speech and hearing sciences, said she thinks most football programs have scandals and OSU was one of the few to be caught.

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13 comments

Anonymous
Wed Feb 22 2012 05:58
Hey Gordon, STFU you over paid actor.
Anonymous
Tue Feb 21 2012 17:17
This is one of those rare occasions that I agree with President Gee on matters involving football! What seems to be missing in all the articles/ public debate, however, is the fact that Coach Tressel was caught between a rock and a hard spot. Even though there was no attorney-client privilege with Tressel, the lawyer who gave Tressel the heads up could have been disbarred for sharing such information. Contrary to what all the sports writers have written, Tressel was protecting this former player/ lawyer and not the then current players. And I'll never understand how Tressel should have somehow known that the players should have been ineligible during the regular season when the NCAA itself allowed them to play in the post-season bowl game-- after it knew all of the facts! As I have said all along, the bad guy in this whole situation was Terrelle Pryor. Tressel forwarded the e-mail to TP's mentor, probably in hopes that TP would voluntarily come forward with the information and he could take corrective action without involving the attorney. Anyone who has ever received an e-mail from an attorney (even spam/ junk mail) knows how they include a legalese discliamer at the end. I bet the e-mail to Tressel had one, too.
Anonymous
Tue Feb 21 2012 15:57
The Ohio State University thought it was bigger than the NCAA. Tress was fired and rightfully so. A bowl ban for 2011 should have been where tOSU started. Does anyone think that the 2011 Bucks were going to compete for anything but the cellar division?
If, the NCAA had given the Bucks another ban in addition to a self imposed one for 2011,they would have set a precedent for future violators.
Looking back on all of this,it makes me wonder how the NCAA is going to handle the U of Miami. That situation looks a lot worse than what the Bucks did.
They should be handed something in the neighborhood of SMU type punishments.
If the affable Dr. Gee really wanted to make a statement,he would announce tOSU has broken away from the NCAA and formed a new ESPN backed athletic conference.
Dr. Bob
Mon Feb 20 2012 19:01
I can't believe the fuss about the comments from Gee. He and everyone else is something that happened in college football last fall. Yes, we had some players and a coach break some rules and we were punished but we still got and will get the oppurtunity to see our Buckeyes. Here is my point-how would you like to be the parent of a son who was sent to his death by climbing a tower to film a PRACTICE in a huge windstorm and then have the tower collapse and kill him! What was done to Coach Kelly or the prestigous Notre Dame? Nothing, and that is a real crime, the loss of a life or the loss of a bowl game. Justice? From now on I wullike to that coach spell his name KELY because he really deserves to have the L knocked out of him!
Anonymous
Mon Feb 20 2012 17:16
If you knew anything about employement law you do not always "win and lose as a team". If an employee act outside his scope of employement, that employee is liable for and laws that are broken or lawsuits that may occur.
Anonymous
Mon Feb 20 2012 15:38
I love how people like to act as though Jim Tressel acted separate and apart from the university. Last I checked, OSU paid his salary while he was the coach there. When he recruited athletes, I am pretty sure he recruited the students to OSU. He represented OSU because he worked for OSU. It's insane for some members of the fanbase and administration to try and distance themselves from his actions when he does something they don't like. You win and lose as a team...that goes in sports, education, industry, etc. I'm sure he signed a contract stating his acknowledgement of representing the university both on and off the field.
Tell the Truth Once
Mon Feb 20 2012 15:27
If the penalty was unfair, why not appeal? Gee and Smith immediately announced they would not appeal. Why? Doesn't the "lawyer" respect the process? Bad mouthing decisions should not take the place of an appeal.

If the treatment was unfair, why force out Coach Tressel? First Gee suspends him for two games, then five games, then he is forced out. Where is the faith? The loyalty? Does anyone really believe that Jim Tressel is a villain here? C'mon.

Gee's weazling does not stack up.

How about asking if Gee is willing to stop spending money on the legal case with ESPN? What is there to hide? What is in those e-mails? Maybe this is in for a penny, in for a pound.

Anonymous
Mon Feb 20 2012 15:16
The name of your university did not cause the bowl ban it was the actions of it~
Anonymous
Mon Feb 20 2012 12:06
Reading news reports before and after the sanctions were imposed leads me to believe that the only people not expecting OSU to have a bowl ban lived in Ohio. Faith and admiration of the Buckeye team is exceptional in Ohio. But seriously, OSU played ineligible players, with the knowledge of the head coach. Then he lied about it and had OSU petition to have them play in a bowl game. What reasonable person would not expect a related punishment. As to a previous punishment like this....what other school had the same situation as OSU. If OSU was certain it was treated unfairly we would have appealed the bowl ban.
R. Michael Smith
Mon Feb 20 2012 09:59
President Gee is right; he correctly understands that the decision on the bowl ban was made for reasons other than the facts and applicable precedent in the case. The NCAA bowl ban decision is revealed as one made from extra-judicial motives, quite likely the personal pique of the decision maker, and, therefore, not morally supportable. The timing of the decision was equally suspect, delayed well beyond any reasonable time, and intended to hurt the university football program as it was bouncing back. The idea of punishing players and coaches having nothing to do with, or any guilt related to, the events at issue is unjust under any standard. President Gee is right to let the NCAA President know these matters are not, and will not be forgotten.

As to the anonymous associate professor complaining above, no small part of his/her salary and facilities in which teaching takes place are provided through alumni well wishers. After we have kindly sat through our time at the University, under such professors, it should not be surprising that one main rallying point is the school football team. While we still remember our favorite faculty members, many of whom have retired or died, our football, or other favorite sports team, continues to unite us.

Aitch Class of "62
Mon Feb 20 2012 09:40
The bow tie should be seen but not heard from.......... LLSS (Loose Lips Sink Ships) He needs to keep his focus on something he's good at "Fund Raising".
Anonymous
Mon Feb 20 2012 07:13
To the previous comment, why is it embarassing? He is the president he should speak out. You don't know what else he worries and does about the university. Why don't you do your research before you talk and hide behind anonymohs.
Anonymous
Mon Feb 20 2012 02:26
Wow, this is the president of a major university, and the only thing he can think of to talk about is the football team? I don't know if he's noticed, but there is a rather large academic institution all around the stadium that he's supposed to be leading. It would be nice if Gee paid attention to that once and a while and recognized that's there's more to this school than the freaking football team. I mean, it's one thing for the students to get that myopic, but for the president of the university to act that way is just plain embarrassing.




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