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August 26, 2008
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Collegiate Sports

OSU AD Says NCAA Had Role In Declaring P Andy Oliver Ineligible

 
The NCAA's public statements that Oklahoma State Univ. (OSU) acted alone in declaring P Andy Oliver ineligible were "inaccurate," and "shifted all the blame" for the investigation from the NCAA to the university, OSU AD Mike Holder wrote to a high-level NCAA official in a sharply-worded letter, obtained by SportsBusiness Journal. "The purpose of this letter is to express my disappointment with the manner in which the NCAA handled the public release of information regarding the Andy Oliver lawsuit," Holder wrote in a July 23 letter to NCAA Senior VP/Branding & Communications C. Dennis Cryder. Oliver, OSU's ace pitcher, filed a breach of contract lawsuit against the NCAA, and later OSU, after he was declared ineligible on May 31, just hours before he was to pitch in a regional championship game. The NCAA in a statement to the media said Oliver's lawsuit "incorrectly states the NCAA was responsible for Oklahoma State University sitting out the plaintiff during recent competition. That decision was Oklahoma State's alone. There has been no determination by the NCAA in this matter. There is also a process in place for student-athlete reinstatement that should precede any review by a court. In that regard, this lawsuit is premature and inappropriate." But in his letter to Cryder, Holder wrote, "The statement that the NCAA has not made a determination in this matter is not accurate." Holder noted that NCAA Assistant Dir of Agents, Gambling & Amateurism John Shukie told OSU staff members May 30 that Oliver "did in fact violate NCAA rules. This discussion occurred prior to the university's decision to declare Andy Oliver ineligible." Additionally, Holder wrote an NCAA reinstatement staff member told OSU if it tried to pursue a process to reinstate Oliver's eligibility that day, the reinstatement staff would find Oliver permanently ineligible. “These two facts do not seem to support a statement that the NCAA had not made a determination in this matter,” Holder wrote. He declined to comment on his letter.

NCAA CLAIMS HOLDER'S LETTER UNTRUE: NCAA Dir of Public & Media Relations Erik Christianson when asked if the facts in Holder’s letter were true said in an e-mail, “No,” but he would not provide an account of the true facts. “This is not a matter of shifting blame. This was a joint investigation, not one solely initiated by the NCAA. Further, according to longstanding rules, the institution -- not the NCAA -- must withhold a student-athlete from all competition when it determines a student-athlete is ineligible for competition,” Christianson wrote. “As of today, the institution has not applied for reinstatement of the student-athlete’s eligibility.” An Erie County, Ohio, judge has issued a temporary restraining order against the NCAA reinstating Oliver’s eligibility pending a hearing early next month. Oliver’s attorney, Richard Johnson, said Holder’s letter shows “the press release from the NCAA was materially untrue and the NCAA did exactly what we allege it did. It initiated the investigation. It controlled it. It made a finding of fact." He added that the statement from the NCAA that Oliver should exhaust his administrative remedies through the reinstatement process was "hypocritical" because only the university, and not the pitcher, himself, could apply for his reinstatement. “The NCAA's reinstatement staff has already determined -- without the process ever even having been initiated -- that, if OSU filed for reinstatement, it would declare my client to be permanently ineligible,” Johnson said. “Essentially, the NCAA's reinstatement staff has tried, convicted, and hung my client in absentia.”

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