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UH may appeal NCAA sanctions for men’s basketball team

  • KRYSTLE MARCELLUS / KMARCELLUS@STARADVERTISER.COM

    David Matlin, UH Athletic Director, responds to NCAA sanction regarding the University of Hawaii basketball program at Clarence Ching Complex in Manoa on Tuesday, December 22, 2015.

The University of Hawaii expects to announce Wednesday whether it will appeal NCAA sanctions against its men’s basketball team, a spokesman said.

That is the 15-day deadline under NCAA rules by which the school must provide notice of intent if it plans to appeal to the Infractions Appeals Committee.

Athletic director David Matlin has declined comment except to say school officials have been “doing our due diligence prior to making a decision.”

The NCAA’s imposition of a postseason ban for the 2016-‘17 season was the most severe penalty announced last month by the NCAA’s Committee on Infractions.

The five-member IAC is regarded by the NCAA as, “the final step in the infractions process” and may overturn or modify a COI ruling.

In order to reverse a penalty meted out by the COI, NCAA rules say, UH would have to, through an in-person appearance or in writing, demonstrate, ” the ruling by the committee on infractions was clearly contrary to the evidence; the individual or school did not actually break NCAA rules; there was a procedural error that caused the Committee on Infractions to find a violation of NCAA rules; or the penalty was excessive.”

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      • I hope UH has gotten some Good lawyers for the appeal and I don’t mean those lawyers that UH already dealt with. Bad contracts written, bad advice, etc.. UH needs some new blooded lawyers

      • Agree, the players don’t deserve this. The university did everything it could with the firing and cleaning house. An appeals should be done for the players who did nothing wrong. There are big universities that do worst but don’t get these kinds of harsh penalties.

        • amela says: Agree, the players don’t deserve this. The university did everything it could with the firing and cleaning house.

          So why did Patterson get a promotion instead of being fired?

        • Then impose a fine on Gib Arnold. None of the players on the UH roster this year or next will have had anything to do with the violation.

  • The money spent, providing UH can put forth a compelling enough case to overturn the postseason ban, will be paltry compared to what could happen to the men’s basketball team going forward should the four juniors choose to finish their careers elsewhere next year. At the very least, it will show the players and the fans it is willing to fight for perceived injustice.
    The school, to use Oahuan’s words, had already “bent over” when it rid itself of Gib, Akana, Fotu and imposed other self-penalties such as scholarship reductions.

    • Not enough if there really is a cover-up. In that case, penalties should be greater. And other athletic programs should be investigated for the same kind of cheating.

      • The coverup was Gib’s attempt to bury some of the violations (however manini they were), and the NCAA weighed that into its sanctions. They said Gib was uncooperative once the NCAA started investigating.
        There’s NO coverup beyond that. Not sure where you’re coming from.

        • No, NCAA did not say Gib was ‘uncooperative’, they basically said he lied to their investigators. Is UH going to appeal saying Gib did NOT lie to NCAA investigators? Or is their appeal based on, “well Gib is a liar and tried to mislead NCAA investigators but we fired him at great expense to UH, but please don’t punish the new team and coach”? Rhetorical question, neither one of those arguments will fly with the NCAA or the court of public opinion. UH has dealt a LOSING hand. If any appeal or suit should have been filed is when the NCAA stripped the UH mens V-ball team of their national title cause their star player from Israel played in some non-sanctioned game (or so). That was the time UH should have gone all out a filed an appeal and gone through the US court system cause UH did not deserve that punishment. In the Fib Arnold case, Fib and his assistant coach are guilty as sin and it would be a total losing case to appeal. ESPECIALLY if UH has to hire outside lawyers at $400/ hour. ONLY IF UH uses in their in house legal counsel to file the appeal and does not cost UH extra money, then by all means file the appeal. However UH in house attorneys ain’t that hot.

  • I don’t see any harm in appealing the sanctions. The worst the NCAA can say is “No”. We don’t need to spend big money appealing this. That’s why they have a School President and Athletic Director and if they need legal counsel ask the Law School students or faculty to represent the case. At the very least I feel they should appeal the ban on post season play which I thought was a little excessive. If the infractions have already occurred and the NCAA is not banning this year’s Post Season play, why should they for next year and the following year? They’ve already taken away scholarships during the same period.

  • UH fell on the sword and admitted to essentially level I infractions although the committee lowered the findings to level II. Gibb was not found guilty of level I violations and the enforcement branch of UH found partially to blame. So what’s the basis of any appeal? We are guilty but you punished us too much?

    • so what – just take it in the backside without trying to plead your case. if YOU already think you lost – you will…I’d never go to battle with you on my side!

      • With UH, justmyview371 assessment is accurate, UH is a loser. That is NOT opinion but can be factually verified from losing JJ to a contract dispute with AD Frasier, hiring Von Appen, hiring BJ, hiring Chow, Wonder Blunder, Lasner firing Apple and protecting Carbone, VonFroman firing Arnold without cause and having to pay out big money, even though NCAA found Arnold violating NCAA rules, BJ removing the word “Rainbow” from UH athletics that way King Ramses forbid the spoken name of Moses and removed his name from all Egyptian writings, statues, etc. Then BJ had to later reverse his decision and put back the Rainbow name at UH. You definitely do not want to go into battle with that kind of history of failure.

  • they have to fight to remove the post season ban for the players sake.
    the NCAA are penalizing the players we have now for the previous head coach and UH admins
    stupidity, the players are not responsible for the head coach not getting along with the
    Compliance Office. don’t hurt the players, it’s not their fault.

  • File the appeal. The penalty is excessive in light of all the actions UH took unilaterally to remedy the problem. The entire previous coaching staff was released. How many other schools, especially in power conferences, have fired winning coaches due to what the NCAA itself ultimately determined to be level II violations? I suspect the answer is few if any. Moreover the players involved in the violations are gone. The former AD is gone. There is substantially more focus on and communication about compliance than ever before. The post-season ban accomplishes nothing constructive, it only punishes the innocent. Fight it.

  • NCAA said UH compliance officer was partly to blame. Compliance officer received a promotion. Sounds like UH has already thumbed its nose at the NCAA investigation.

  • Yes, appeal hard. Blame Gib and Akana for ignoring UH Compliance efforts and prove they acted alone. Why should the school, team and most of the current roster take the hit over and overm year after year? NCAA rules were broken by two individuals no longer with UH. Penalize the perpetrators and their future in college basketball, not the future of the innocent that were unfortunately associated with them.

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