NCAA denies BYU's appeal to vacate wins with Nick Emery

Nick Emery's deciding to come to BYU was the single worst thing to ever happen to the basketball program. I'm glad that he's gone

Imagine the wrath of the fanbase had he chosen to go elsewhere at the time. It would have been ten times worse than the reaction of Frank Jackson choosing Duke or a hundred times worse than when Parker did the same, since Nick had a brother play for us.

BlueK wrote:

Imagine the wrath of the fanbase had he chosen to go elsewhere at the time. It would have been ten times worse than the reaction of Frank Jackson choosing Duke or a hundred times worse than when Parker did the same, since Nick had a brother play for us.

Yep and we would have all been wrong. 100% wrong.

Well...it's time to go TOTALLY independent. Let's drop the NCAA. Just kidding of course, but their lack of equality and equity among the other members of the organization is very blatant and inexpiable. Wow.

I agree, ABYUFAN. Hindsight is 20/20.

Hate the NCAA not Emery. He was a young kid who made some stupid mistakes relating to a SPORT. He didn't run over my dog. He didn't run over your dog. But I'm really glad there's lots of perfect people here to judge and hate Emery. Makes me feel like I"m in the right place...

EM_Puma wrote:

Well...it's time to go TOTALLY independent. Let's drop the NCAA. Just kidding of course, but their lack of equality and equity among the other members of the organization is very blatant and inexpiable. Wow.

Maybe you shouldn't be kidding. If enough schools left the NCAA maybe those schools could come up with a better athletic association.

How else can BYU fight the NCAA? Saying, “I disagree” doesn’t seem like a very powerful response. The NCAA keeps hosing BYU.

FWIW, the appeals board only had one NCAA-employed member. The other 4 were from other universities or a conference. With an arbitrary and capricious standard of review, it's rare if ever that the appeals committees walk back a punishment.



”The members of the Infractions Appeals Committee who heard this case were Jonathan Alger, president at James Madison; Ellen M. Ferris, associate commissioner for governance and compliance at the American Athletic Conference; W. Anthony Jenkins, chair of the Division I Infractions Appeals Committee and attorney in private practice; Allison Rich, senior associate athletics director and senior woman administrator at Princeton; and David Shipley, law professor and faculty athletics representative at Georgia."

Shocked than anyone believes this is a "pay for play"



"BYU officials criticized an NCAA infractions appeals committee's ruling that upheld the vacating of two seasons of the Cougars' men's basketball records as punishment for a pay-for-play scheme involving former guard Nick Emery."



https://www.espn.com/mens-college-basketball/story/_/id/27536925/byu-upset-penalties-emery-ruling-ncaa



Does Mark Schlabach from ESPN have an ax to grind with BYU? What player would come to BYU to get the little that was given to Emery ($12K in benefits)? It was obvious that the boosters were out of line, but I don't think their objective was to pay Emery so he came/stayed at BYU.

I love how strongly BYU came at the NCAA, but I do believe they ought to go even further. There is absolutely no precedent for the level of punishment we received.

Looking at the punishments from Emery and Childs, one would think BYU was running a gambling and money laundering scheme. There are schools out there with players caught red handed accepting money from shoe companies and they get a slap on the wrist and a line of sympathy from the nightly news about how these poor basketball players need to eat.

Well...I think we all know what is coming...



BYU will need to add some new standards to the HC, increase academic requirements, and implement some other policies to deter athletes prone to violating NCAA rules from attending BYU.

The conspiracy theorist in me thinks that the NCAA is trying to drive BYU to drop athletics so that they wont have to deal with the no Sunday play scheduling to accommodate BYU. Of course that would imply that they think we will make the tournament.

Yeah I really liked BYU's response. They really went after the NCAA and called them out on their "precedent" ruling.

coachK wrote:

The conspiracy theorist in me thinks that the NCAA is trying to drive BYU to drop athletics so that they wont have to deal with the no Sunday play scheduling to accommodate BYU. Of course that would imply that they think we will make the tournament.

that's a grand canyon kind of stretch, but conspiracy theories are definitely fun.



Also, in basketball it's not a big deal because half the games are played on Saturday, and once they decide BYU is in, the computer takes care of the logistics of where and when. It's in some of the non-rev sports where it is more difficult -- like golf, where they have to create a whole different day for BYU to play a round.



Finally, yes, we will make the tournament.

Can't believe I am saying this but Monson is 2 for 2 in his most recent BYU articles.



https://www.sltrib.com/sports/byu-cougars/2019/09/05/gordon-monson-byu-screwed/







P.S. Emery is a douchebag for putting BYU in this spot to begin with.

I maintain that the NCAA is pissed at how BYU turned a blind-eye to Emery playing games with the investigation.



Emery withdrew from school during the investigation, and by rule NCAA investigations have to be completed within a certain amount of time after they are opened. The NCAA cannot compel a person who is not affiliated with a school (either employee, booster, or athlete) to cooperate if they do not want to. So Emery was outside their reach during the investigation process. Almost immediately after the investigation period closed, Emery re-enrolled and BYU suspended him for only 9 games (despite having played in 47 games while taking benefits) with him coming back for all of conference play.



BYU looked complicit in keeping Emery out of the NCAA's reaches, and I am not surprised that they are dropping the hammer on BYU hoops after this. Most athletes who go under investigation for these violations are never allowed back at the university after they withdraw. BYU let him in days after the investigation process concluded.