Tuesday, May 10, 2011

'Ship Happen


Tweet of the Day

Reggie Bullock
People always say don't forget me Reggie if you make it, I say to myself don't forget me if I don't make it!
'Ship Happens

'Ships happens.  As in, scholarships happen.  Every year around this time, major football programs around the country experience some level of attrition.  Yesterday, it was announced that four players would be leaving the football program: Herman Davidson, Jared McAdoo, Brendon Felder, and Shane Mularkey.

Shane Mularkey is leaving football.
Herman Davidson is a rising senior LB and has decided to transfer.  He recognizes that it is going to be difficult to crack the two-deep and is probably pursuing better options for playing time.  Brendon Felder is a red-shirt freshman wide receiver that is coming off an injury.  I was excited to see what Felder would be able to do, especially as a kick or punt returner.  Unfortunately, he will be transferring to Pitt to help his Dad care for his ailing Grandmother.  A series of shoulder injuries have forced Shane Mularkey, son of Atlanta Falcon's Offensive Coordinator Mike Mularkey, to quite football.  Specifically, another shoulder injury could have a detrimental effect on Mularkey's quality of life.  In terms of football, while all would have contributed to special teams, Carolina will be able to move forward without any significant loss of on-field production.  While it is always disappointing to see someone leave the team, lets remember that (1) Mularkey will remain in Chapel Hill, just not as a member of the football team, (2) Felder is making the right decision for his family and will continue to play football, and (3) Davidson will move on in an effort to find more playing time and he deserves that opportunity.

Jared McAdoo Dismissed
Jared McAdoo is the biggest "football" loss of the four.  He played in twelve games last year as a redshirt freshman and was expected to see significant playing time in our D-line rotation.  Unfortunately, he has made some poor choices and forfeited his opportunity and possibly a NFL future.  McAdoo was dismissed from the team for violating team rules.  Considering his past issues, this is three strikes and you're out.  In 2008 as a senior in high school, McAdoo was arrested for selling Percocets. In 2010, while the charge was later dropped, he was arrested for a misdemeanor weapons charge after bringing a BB gun onto campus.  I won't reveal the details of McAdoo's third strike and I don't say this lightly, but this is probably addition-by-subtraction.

Curtis Byrd
If we were to suffer the loss of a projected significant contributor, DT is the best case scenario.  What a difference a year makes!  Last year, we had to move Quinton Coples inside because of our lack of depth and now we can absorb the loss of Jared McAdoo without significant repercussions to depth and overall talent level.   With Jordan Nix and Sylvester Williams at the nose as well as Tydreke Powell and possibly Brandon Willis, if the NCAA grants him a waiver as expected, in the three-technique, the two-deep re-enforces the defensive line as a position of strength, even without Jared McAdoo.  In addition to Ethan Farmer and Quinton Alton, we have two highly rated incoming freshman in Shawn Underwood, who will come in at 6'2" 295 lbs, and Devonte Brown who stand 6'4" and is up to 275 lbs. 

With the loss of four scholarship athletes, we now have four scholarships available.  This is an interesting development.  Initial reaction is to give the scholarships to deserving walk-ons like Curtis Byrd, Mark House, Trase Jones, and Pete Mangum.  On the other hand, those scholarships can be used for incoming freshman that want to enroll early and participate in Spring Practice like Landon Turner, Marquise Williams, TJ Thorpe, and Travis Riley this past year.  I can see a mix of the two.  I hope that Curtis Byrd gets the first available scholarship as he has certainly earned.  However, we may need to save one . . . .

The Loss of One McAdoo 
Triggers the Return of Another?

Michael McAdoo (number 94)
Maybe we will need to save one of those schollies for Michael McAdoo.  Michael McAdoo is a 6'7" defensive end, pass rush specialist.  In case you need a refresher, McAdoo lost his appeal after he was deemed permanently ineligible by the NCAA.  Undeterred, especially after the reinstatement of Ramsey's eligibility, McAdoo has lawyered-up with Noah Huffstetler III.  This was a wise choice!  According to the Nelson Mullins website, where Huffstetler is a managing partner, "[f]rom 1991 to the present, Mr. Huffstetler has been listed in The Best Lawyers in America, including recognition in the areas of administrative law, appellate law, [and] “bet the company” litigation . . . ."  From a News & Observer article on April 1, 2011, 

Noah Huffstetler, III
Huffstetler said UNC's honor court found that McAdoo committed fairly minor violations and imposed a penalty that essentially would have put McAdoo out for one season but specifically ruled that he would be eligible to play beginning in fall 2011.
(Huffstetler declined to specify what McAdoo was found guilty of but said it had to do with a family member or tutor giving him too much help on a paper or presentation.)
McAdoo also accepted a total of $103 in benefits consisting of lodging in Washington, D.C., admission to a club and one hour of tutoring service, Huffstetler said. He said McAdoo has repaid those benefits to charity and that typically an NCAA suspension of a game or two would be sufficient for that amount of impermissible benefits.
With the academic violations, though, Huffstetler said the NCAA relied on UNC's investigative findings and then imposed a penalty for academic fraud even though the honor court did not find him guilty of academic fraud.
"It's nowhere near anything that I think rational adults would consider to constitute academic fraud," Huffstetler said.
After gathering and examining the documents, Huffstetler said, he plans to appeal to the NCAA. He said that if the NCAA won't reconsider its decision, the firm is prepared to take the matter to court to force its hand.
Huffstetler said the NCAA has no definite standards that are enforced from case to case. He said McAdoo's appeal consisted of a telephone conference with a panel of three individuals from different parts of the country.
"We don't think that [process] is at all sufficient to ensure against arbitrary and capricious decisions when something as important as a young man's future and livelihood in some cases ... is at stake," Huffstetler said.
Well, the rumor smoke is starting to fill the sky and I can only hope there is fire.  Michael McAdoo was in attendance for team meetings yesterday and there is strong belief that he will have his eligibility restored.

If there is one thing the NCAA does not want, it is to expose itself to litigation.  Arbitrary and capricious is dangerous language for the NCAA.  They operate without oversight and do not release findings to the public.  As such, there is no checks and balances for which to measure precedent.  Precedent is authority or guidance that is utilized when deciding cases with similar facts or issues.  Since the NCAA does not have to publish its rulings to the public, there is no precedent available to measure fairness.  In fact, some law firms are able to cater their practice around the NCAA because of prior experience makes them privy to the facts and circumstances of previous cases.

The NCAA's stance is that every case is unique, but that is a false assertion.  As a lawyer, every case is distinguishable, not unique, and that is a significant distinction.  If the NCAA is unable to resolve this without litigation, it exposes itself to the discovery process and will be forced to defend its actions in an open court of law against it's own previously established precedent that will be discoverable by McAdoo's attorney.  That precedent in the context of UNC's honor court finding of no academic fraud will probably not result in a favorable outcome for the NCAA, especially considering the cost to McAdoo based on the strength of the evidence.  Worse for the NCAA, the discovery process for any litigation that asserts an arbitrary and capricious claim will certainly be damaging to the NCAA and could threaten its very existence.  The NCAA is not known for equity and fair dealing.  The common perception is that treatment depends on the institution, e.g. Ohio State able to play all its players in the Sugar Bowl despite receiving impermissible benefits or the whole Cam Newton saga.

Do you think the NCAA is going to expose itself to the probability that the perception is in fact the reality in open court with an adjudication or disposition?  I seriously doubt it.   

While nothing is a done deal yet, it will be huge if the 2010 Spring Game MVP, with four sacs and an interception, (remember Robert Quinn and Marvin Austin played in that game) is able to line up on the outside and take the field again next year.  There is smoke.  I am just waiting on the fire, i.e. an official release.  However, I wouldn't post it if I didn't think it was highly likely!

The next question will be how much eligibility will Michael McAdoo have remaining?  There is no doubt that he will have to serve a suspension for the academic violations and impermissible benefits.  However, it should not exceed six games.  As a result, I am hazarding a guess that McAdoo will be able to use his redshirt for the 2010 season, be suspended for approximately six games in 2011, and be fully eligible for the 2012 season.  Rather, that will be the outcome if there is any justice in the world.  The NFL is a very real prospect for McAdoo and currently the NCAA is taking that opportunity away from him for something his school did not find him guilty of.

Is the ACC Really Still a Basketball Conference?  
Not According to the Coaches 

I was reading a message boards yesterday and saw an interesting post.  If you are going to identify a conference as basketball or football dominate based on its coaches, is the ACC still a basketball conference?


Basketball Coach Football Coach Advantage Why
Boston College Steve Donahue Frank Spaziani Football Spaziani has had success in the ACC.  Donahue is a good coach and did well in the Ivey with Cornell, but still ahs to prove he is better than Spaziani in the ACC.
Clemson Brad Brownell Dabo Swinney Basketball Dabo is a recruiter on borrowed time, not a head coach.  Brownell exceeded expectations in his first year, something that Dabo will never do.
Duke Mike Krzyewski David Cutcliffe Basketball Cutcliffe is a good coach and building in Durham, but K is a Hall of Famer.
Florida State Leonard Hamilton Jimbo Fisher Football This isn't really a fair comparision, but it is what it is.  Timing is everything and Fisher is the beneficiary of a recruiting windfall with the turmoil in Gainsville and Coral Gables.
Georgia Tech Brian Gregory Paul Johnson Football I wish they would ban Paul Johnson's style of offense because it is hazardous to player's health.  Until they do, he will continue to eek out wins.  Can Brian Gregory?
Maryland Mark Turgeon Randy Edsall Football While Turgeon comes from the Tar Heel coaching tree, Edsall has won conference championships and coached in BCS Bowl games.
Miami Jim Larranaga Al Golden Football I don't know who Larranaga is.  Do you?  Al Golden made Temple a winner and I didn't even know they had a program.  Miami should have hired Frank Martin when they had the chance. . . 
North Carolina Roy Williams Butch Davis Basketball Roy Williams is a Hall of Famer.  While Butch is a great coach, he is going to have to win some National Championships to unseat Roy.  Good to be a Tar Heel! Maybe best battery of coach is the country.
North Carolina State Mark Gottfried Tom O'Brien Football NC State represents the antitheses of UNC in every way, including coaching excellence.  TOB is smoke and mirrors and Gottfried belongs in an ESPN studio.
Virginia Tony Bennet Mike London Basketball It is Bennet by a nose.  Both are building excellent programs and will strengthen the ACC.  Virginia's AD deserves some recognition for attracting great coaches for the big two sports.
Virginia Tech Seth Greenburg Frank Beamer Football Both almost achieve their goals.  Almost!  Haha.  Beamer gets beat down in the BCS and Greenburg always the last man with a chair when the music starts.  At least Beamer tastes the failer.
Wake Forest Jeff Bzdelik Jim Grobe Football Epic fail!  Grobe is among the highest paid coaches in college and puts a mediocre team on the field at best.  It is sad that that is enough to give him the advantage over Bzdelik.  Fire Wellman!

If the measure is coaching quality, football is dominating, 8-4.  There has been significant basketball coaching turnover in the ACC over the past five years.  Unfortunately, the hires have not been as strong as I would like as an ACC supporter.  Meanwhile, the football coaching hires have been very strong.  With UNC and dook, the ACC is probably going to be represented in the Final Four every year. However, top-to-bottom, the ACC has lost some luster as basketball power conference.

With member schools renewed focus on football, the quality and talent on the field and in the meeting rooms is drastically improving.  Is it only a matter of time before the perception of ACC football overshadows ACC basketball . . . .  

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