MAUK WINS ROUND ONE OF LEGAL BATTLE

[Bull-by-Marriage]

To me he is showing his selfishness and it is one of those lawsuits that makes me think lawyers are are a waste of time.

IMO, the lawyer argument is like: What came first the chicken or the egg? Would there be so many lawyers if there weren't so many people wanting to sue, or would there so many that people that want to sue if there weren't so many lawyers? I agree about Mauk he is being extremely selfish. He isn't thinking about what his actions may be doing to his "team". I hope that he loses, he had hiw run, now it is time for him to move on.

[TheBullies]

Access to courts, at least in Florida, is a fundamental right.

So long as people want to sue, there'll be lawyers.

I know there are a few on this board. 

[subflea]

Mauk also won round two:

More on Mauk

Posted by BKoch at 8/20/2008 6:21 PM EDT on Cincinnati.com

The NCAA agreed on Wednesday to re-hear Mauk’s appeal for a sixth year to complete his four years of eligibility. If the appeal reaches the Student-Athlete Reinstatement Committee, which ruled against Mauk on Aug. 8, Mauk has been assured that he will be given a chance to speak, something that he was not allowed to do the last time. But Kevin Murphy, Mauk’s attorney, said he hopes the matter never reaches the committee. “The (NCAA) staff is going to hear it first,†Murphy said. “If the staff agrees with us, he’s back on the field.†The NCAA already ruled against Mauk once before he filed for an appeal hearing, but this time Murphy said Mauk will submit new information. No date has been set for a hearing. “All the details are not ironed out,†Murphy said Wednesday afternoon. “We’re trying to get the case submitted to them through the University of Cincinnati by tomorrow night if we can. We’re planning on working all night to get this done. “We’re giving them additional information about the injury itself. We have an expert, a physician who’s going to explain the injury, the medical picture.†NCAA spokesman Erik Christianson said in an e-mail that “the NCAA’s procedures allow for its hearings to be reopened in certain circumstances, such as to hear new evidence not previously available. The NCAA’s preference is always to explore all possible administrative remedies rather than have a court try to intervene in decisions of its member schools’ representatives, as our member representatives have the expertise and experience to best deal with such situations.â€

http://news.cincinnati.com/apps/pbcs.dll/section?category=blog04&plckController=Blog&plckScript=blogScript&plckElementId=blogDest&plckBlogPage=BlogViewPost&plckPostId=Blog%3ada6629a0-7bd0-4605-8869-25a20cb5adabPost%3a0d5fe220-c1e0-42e5-ac78-39b25597b710&sid=sitelife.cincinnati.com

[TheBullies]

I wouldn't really call that round two... The NCAA is agreeing to listen to him (again) in hopes to avoid litigation... If they agree to allow him to present his case to the reinstatement committee, I'll call that round two. 

BTW I could drum up experts that would testify I was born on the moon to a giraffe but decided to keep it secret so I could infiltrate the human population. What a joke.

[subflea]

I wouldn't really call that round two... The NCAA is agreeing to listen to him (again) in hopes to avoid litigation... If they agree to allow him to present his case to the reinstatement committee, I'll call that round two. 

BTW I could drum up experts that would testify I was born on the moon to a giraffe but decided to keep it secret so I could infiltrate the human population. What a joke.

If the NCAA turns him down this time, then it automatically goes to the reinstatement committee. 

Here is what is going to happen:

1.  NCAA staff hears the case.

  a. They decide he meets the requirements for an extra year and it is granted.  The case ends, he is on the field the next day.

  b. The decide he does not meet the requirements.  The case then moves to the reinstatement committee.

2.  The reinstatement committe hears the case and Mauk gets to speak on his own behalf.  The committee is made up of 5 individuals from NCAA D1 institutions and conferences, but no NCAA staff members.

  a.  a. They decide he meets the requirements for an extra year and it is granted.  The case ends, he is on the field the next day.

  b. The decide he does not meet the requirements.  The case is over.  Hopefully it ends for good if this is the ultimate outcome.

[TheBullies]

Sorry, I misread that.

I think we're looking at 2(. If we are, I would assume he'd continue with the court case.

Who knows? I kind of wish the reinstatement committee hearing were on pay-per-view.

[subflea]

Trust me, it is all very confusing.  I have no idea what will happen.  They could rule him eligible by saying the new info is good just to prevent going back to court.  They could deny him the whole way again.  The reinstatement committee could be swayed by whatever he tells them.  They may think he is full of it.  Who knows?

I just want it to end as quickly as possible.

[Bullpride08]

The big problem in this entire argument is, or rather what's going against Mauk is he had 5 years to play four, and in fact played in four seasons.  One season, his last at WF, was cut-short, but the NCAA's job isn't to govern an athlete's quality of play or time, but rather that he effectively had 5 years to play 4.  I can not see for the life of me how the Mauk's will alter this perception.  He played in four seasons but since he was hurt in the first three games of his fourth season.  Mauk is going to have to prove that the only reason he redshirted as a true freshman was because he was injured before the season began, and it precluded him from playing...even then the NCAA can argue that still didn't stop him from playing four seasons!

The NCAA typically takes situations more like Danny Tolley who redshirted as a true freshman, played in 2006, then missed almost all of 2007 to an injury, and now 2008.  He'd be a senior in 2009 and presuming he plays that means he would have been in football for five years, and was only capable of playing in two full seasons.  They rarely look at Mauk situations and see hardship.  Wanting to play again is not a 'hardship'.

[TRUTH D. Antagonist]

this guy is a f*cking loser.  he needs to get a career and move on with his life.

staying in college until he's 30 is lame.  at this rate he's going to be old enough to be a parent of some of the incoming freshmen on his team by the time he's done playing.

get a life, Ben.