BamaOnLine.com - Notebook: Alabama releases its rebuttal to NCAA

October 13, 2009

Christopher Walsh
BamaOnLine.com Senior Writer

The University of Alabama has released its rebuttal to the National Collegiate Athletic Association regarding sanctions handed down for the textbook disbursement scandal.

The rebuttal was filed Sept. 17, and re-emphasized many parts of Alabama's initial appeal asking the NCAA to rescind the order to vacate football win. It contended:

1. There's no precedent for the decision;

2. The Committee on Infractions did not consider the school's cooperation;

3. The punishment does not fit the violations.

"Such a penalty is clear abuse of discretion in this case," the rebuttal argued. "It involved the application of incorrect legal standings, misapprehended substantive legal principles, was based in part on erroneous factual conclusions; failed to consider material factors; error in judgment to such a degree to be arbitrary, capricious, and irrational; and was based on irrelevant and improper factors. Meeting any one of those standards under the Alabama State Appeal is sufficient for reversal. This case meets them all."

Alabama was placed on three-year probation in June, fined $43,900 and forced to vacate wins, which is the only part being appealed. According to the NCAA, 201 athletes in 16 sports obtained textbooks they weren't entitled to under their scholarships.

"If the COI had vacated all contests for all student-athletes who received impermissible gifts, it would have found itself vacating contests based on benefits as small as 35 cents," the rebuttal stated.

Alabama claimed that four textbook cases had been previously considered by the committee, none of which led to a vacated-wins penalty.

The rebuttal also took aim at the committee for arguing in its brief that the "serial repeat violator" status was the "driving force before the imposition" of the penalty, justified by school's "abysmal infractions track record," and "extensive recent history of infractions cases is unmatched by any other member institution in the NCAA."

Alabama noted that one-fourth of the Football Bowl Subdivision Schools have as many or more major infractions cases and recent history is no different. For example, the rebuttal pointed out that Oklahoma went before the committee in 2006 and 2007.

The NCAA Infractions Appeals Committee, which is separate from the Committee of Infractions will rule on the appeal.

In a similar matter, Florida State is in the process of appealing an NCAA ruling that 10 teams, including football, must vacate victories due to ineligible student-athletes involved in an academic scandal. The case involved 61 student-athletes and three former FSU employees and centered on a tutor providing answers to quizzes for an online music course.

On Monday, a Florida appellate court again rebuffed the NCAA's effort to prevent public release of documents in the case.

Coaching giants
Coach Nick Saban couldn't help but crack a smile when asked about Steve Spurrier earlier this week.

"I've known Steve for a long time," he said. "I know his wife as well and so does Terry and we have a good relationship with them. He actually rode back on the LSU plane with me when we came back from the East-West (all-star game we coached) and they about blew the Gator plane up in Baton Rouge when it was waiting there to pick him up and take him home. I have a lot of respect for him. He has done a great job every place he has been."

Although Spurrier is 176-63-2 in the collegiate ranks, while Saban is 116-50-1, the two have been on opposing sidelines just twice. Overall, Saban's 0-2 against Spurrier, losing 41-9 in 2000 and 44-15 in 2001, when he was at LSU and Spurrier at Florida.

"He is one of the best recruiters in the country," Spurrier said during his weekly press conference Tuesday. "That's why he's one of the best coaches. I'd put him in the top four or five coaches in the country. He and his staff do very well. They're very sound."

South Carolina is the only SEC team Saban hasn't faced at Alabama. The only one he's played and hasn't beaten is Florida.
"You coach a little differently," Spurrier said about being a clear underdog. "You may play it a bit more wide open and hope everything hits. You certainly have no chance playing conservatively against a team like this unless you think your defense can play very well."

Tide-bits
Despite the threat of rain, the team practiced outside Tuesday. The forecast for Saturday evening is clear and cool temperatures.

During the two practice periods reporters were allowed to observe, it appeared that sophomore Jerrell Harris was working with the first-unit at weakside linebacker in base formation, with senior Cory Reamer sliding over in passing situations. The backup inside linebackers were sophomore Chris Jordan and freshman Nico Johnson.

Redshirt freshman tight end Undra Billingsley was in black and riding an exercise bike with freshman safety Rod Woodson (patella tendon).

Tide-bits
Senior cornerback Javier Arenas has faced South Carolina quarterback Stephen Garcia before, when both were in high school in Florida. Arenas played for Tampa Robinson, while Garcia took snaps for Jefferson in nearby Lutz. "He was the best quarterback in the state, and he had great players around him. He was kind of like what Tim Tebow is to the (Florida) Gators as far as keeping the team together and running the ball a lot. It will be a great game for me to come and go against him again."

Junior linebacker Rolando McClain was warned by an official during Saturday's game about celebrating after making a tackle. "I wasn't really celebrating," he said. "It wasn't something that I got frustrated with. What's fun for me was making the tackle, a tackle for a loss. That was fun for me. I don't care about the celebration. I'm not real big on celebrating. They're out there to do their job, and I'm out there to do mine. He just told me to get back to the huddle. I said, 'Yes sir,' and I got back to the huddle."

Although some of the older players are using the 6-6 regular season in 2007 as motivation to avoid a second-half lapse, McClain said it isn't necessary because of two words: "Nick Saban."

Semifinalists for the major postseason awards will start to be announced this week, beginning with the Rotary Lombardi Award on Wednesday.

CBS announced that its SEC games are up to a 3.89 average, a 36 percent increase from last year. It's the highest average rating at the midseason point since 4.2 in 1999. Last week's Florida at LSU game in prime time earned a preliminary national rating/share of 6.1/11, up 61% from last year. It was CBS' highest rated college football game since last season's SEC Championship Game (Alabama vs. Florida, 9.3/20).

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