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  1. #1
    Senior Member blacklistedbully's Avatar
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    Quote Originally Posted by Political Hack View Post
    The NCAA actually could be liable if someone decides to seek civil damages for a crime. The NCAA has a bad habit of telling people they're not allowed to discuss the contents of a meeting with anyone else. Problem is, 1) that's a blatant 1st amendment violation; 2) they have absolutely ZERO legal authority to that (or over anything for that matter), and 3) they could potentially be telling people to not report crimes.
    Hack, I'm no lawyer, but are you sure about that? We're talking about voluntary membership in an organization with membership rules. It's not as if the NCAA is threatening anything more than expulsion from the "club" if you don't obey the membership rules you agreed to when you joined.

    And I doubt very seriously they are prohibiting people from reporting crimes. I suspect their "gag order" only pertains to discussing the case as it relates to rules violations that aren't also actual crimes. Also, is there a rule against schools discussing, or is it only the NCAA that has rules about their side discussing? If there is something in place for schools and/or witnesses, is it actually a rule, or just something "frowned upon"?

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    Senior Member Dawgology's Avatar
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    Quote Originally Posted by blacklistedbully View Post
    Hack, I'm no lawyer, but are you sure about that? We're talking about voluntary membership in an organization with membership rules. It's not as if the NCAA is threatening anything more than expulsion from the "club" if you don't obey the membership rules you agreed to when you joined.

    And I doubt very seriously they are prohibiting people from reporting crimes. I suspect their "gag order" only pertains to discussing the case as it relates to rules violations that aren't also actual crimes. Also, is there a rule against schools discussing, or is it only the NCAA that has rules about their side discussing? If there is something in place for schools and/or witnesses, is it actually a rule, or just something "frowned upon"?
    I don't know what/if the SEC or NCAA has a gag order on certain information but IF they do and IF it something that is illegal or criminal then it is a crime. It's called collusion. If a person or organization is involved in that then they can be charged for the same activity in which they are seeking to cover up or deceive and receive the same punishment resultant of that crime. As a hypothetical example: IF someone were providing prostitutes to a minor and real evidence was uncovered to confirm this and it WASN'T reported to law enforcement then that would probably fall under collusion.

    On the other:

    If it was reported it would become a criminal case and any investigation by an outside party into the case would probably be frowned upon by the investigating law enforcement agency.

    food for thought.

  3. #3
    Senior Member blacklistedbully's Avatar
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    Quote Originally Posted by Dawgology View Post
    I don't know what/if the SEC or NCAA has a gag order on certain information but IF they do and IF it something that is illegal or criminal then it is a crime. It's called collusion. If a person or organization is involved in that then they can be charged for the same activity in which they are seeking to cover up or deceive and receive the same punishment resultant of that crime. As a hypothetical example: IF someone were providing prostitutes to a minor and real evidence was uncovered to confirm this and it WASN'T reported to law enforcement then that would probably fall under collusion.

    On the other:

    If it was reported it would become a criminal case and any investigation by an outside party into the case would probably be frowned upon by the investigating law enforcement agency.

    food for thought.
    Thx for the response, but that's assuming the NCAA is telling people they can't report crimes to appropriate authorities. I'm suggesting I doubt that is the case. I think, if there is a "gag rule" it only applies to what is leaked outside of law enforcement and/or only pertains to NCAA rules violations that aren't also criminal in nature.

    I do not believe the NCAA is telling anyone they can't report a potential crime to law enforcement.

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    Senior Member Dawgology's Avatar
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    Quote Originally Posted by blacklistedbully View Post
    Thx for the response, but that's assuming the NCAA is telling people they can't report crimes to appropriate authorities. I'm suggesting I doubt that is the case. I think, if there is a "gag rule" it only applies to what is leaked outside of law enforcement and/or only pertains to NCAA rules violations that aren't also criminal in nature.

    I do not believe the NCAA is telling anyone they can't report a potential crime to law enforcement.
    I agree. I don't think they would either. That would lead to the whole thing being taken down. That being said....if a parent or guardian knows it's taking place and DOESN'T report it then they could be charged as an accomplice (among other things).

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    Member Virgil Caine's Avatar
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    Quote Originally Posted by blacklistedbully View Post
    Hack, I'm no lawyer, but are you sure about that? We're talking about voluntary membership in an organization with membership rules. It's not as if the NCAA is threatening anything more than expulsion from the "club" if you don't obey the membership rules you agreed to when you joined.

    And I doubt very seriously they are prohibiting people from reporting crimes. I suspect their "gag order" only pertains to discussing the case as it relates to rules violations that aren't also actual crimes. Also, is there a rule against schools discussing, or is it only the NCAA that has rules about their side discussing? If there is something in place for schools and/or witnesses, is it actually a rule, or just something "frowned upon"?
    You're absolutely right. There's no way that the NCAA could be held liable for something OM does.

  6. #6
    General Public Political Hack's Avatar
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    Quote Originally Posted by blacklistedbully View Post
    Hack, I'm no lawyer, but are you sure about that? We're talking about voluntary membership in an organization with membership rules. It's not as if the NCAA is threatening anything more than expulsion from the "club" if you don't obey the membership rules you agreed to when you joined.

    And I doubt very seriously they are prohibiting people from reporting crimes. I suspect their "gag order" only pertains to discussing the case as it relates to rules violations that aren't also actual crimes. Also, is there a rule against schools discussing, or is it only the NCAA that has rules about their side discussing? If there is something in place for schools and/or witnesses, is it actually a rule, or just something "frowned upon"?
    If the NCAA had knowledge of sex trafficking for underage kids and demanded people not discuss it in accordance with their gag order, they'd potentially be opening themselves up to a civil suit should anyone involved be charged in a criminal case.

    I actually think there's a significant chance the FBI probe into basketball ends up looking into the NCAA as the governing body of college basketball. They turned a blind eye to bribery despite knowing what was going on. And they did this because he true blue bloods of college basketball are their biggest money makers. Most of the NCAA budget comes from the NCAA basketball tournament. When they ban Kentucky, Lousivlle, UNC, Duke, or others it hurst their annual budget. That, in my opinion, is why you see them go after major football programs like USC, Ohio State, Bama, Miami, etc... while never seeing U.K. or Duke serving a postseason suspension. Hell, another blue blood basketball program skated today. I understand their rationale for that though.

  7. #7
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    Quote Originally Posted by Political Hack View Post
    If the NCAA had knowledge of sex trafficking for underage kids and demanded people not discuss it in accordance with their gag order, they'd potentially be opening themselves up to a civil suit should anyone involved be charged in a criminal case.

    I actually think there's a significant chance the FBI probe into basketball ends up looking into the NCAA as the governing body of college basketball. They turned a blind eye to bribery despite knowing what was going on. And they did this because he true blue bloods of college basketball are their biggest money makers. Most of the NCAA budget comes from the NCAA basketball tournament. When they ban Kentucky, Lousivlle, UNC, Duke, or others it hurst their annual budget. That, in my opinion, is why you see them go after major football programs like USC, Ohio State, Bama, Miami, etc... while never seeing U.K. or Duke serving a postseason suspension. Hell, another blue blood basketball program skated today. I understand their rationale for that though.
    The NCAA has no jurisdiction over any thing sexual trafficking... All the NCAA could do, would be to turn over to the FBI any information the NCAA could have/did have knowledge of concerning illegal activities. Bribery, federal racketeering both would have to be investigated by the FBI.

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