Mauk denied a final time by NCAA

[BULLSHTR]

I'm not sure what's worse.. People talking about old topics or seeing that overused picture.. Come on people, lets see some originality.

[bearcatfan14]

Mauk Scheduled for court Thursday

Former University of Cincinnati quarterback Ben Mauk will seek a permanent injunction against the NCAA at a hearing Thursday  morning in Hardin County (Ohio) Common Pleas Court after the NCAA ruled against Mauk for the fifth time Wednesday afternoon. The NCAA’s Student-Athlete Reinstatement Committee rejected Mauk’s appeal for a sixth year to complete his four years of college eligibility after allowing Mauk to plead his case last Thursday during a teleconference. The NCAA’s previous rejections of Mauk’s request for a sixth year were based on a lack of contemporaneous documentation to support his contention that an incapacitating injury prevented him from competing during his freshman year at Wake Forest in 2003. Kevin Murphy, Mauk’s attorney, said the NCAA changed its reason for rejecting Mauk in its latest ruling. “The last time it wasn’t enough evidence,†Murhpy said. “Now it’s that he could not show that he could not play in any capacity, which means, taken literally, no one could ever get a medical hardship unless they were in a hospital bed. “They’re holding him to a higher standard than they have countless other people that have received medical hardships.†Mauk was granted a temporary restraining order in Hardin County Common Pleas Court on Aug. 13 but because UC was not named in the order it was not compelled to let him compete or practice. An Aug. 22 hearing for an injunction against the NCAA was postponed after the NCAA agreed to re-consider his case. That injunction hearing will no now go forward with Murphy claiming that the NCAA ignored the opinions of medical experts who said Mauk was injured in 2003. “His own surgeon said that he was physically unable to play in 2003,†Murphy said. “How does a committee of non-medical people supplant their own opinion over that of a surgeon?†If the court grants Mauk the injunction, UC will have to decide if it will allow him to play knowing that if the NCAA eventually prevails in court, it could rule that UC used an ineligible player and therefore forfeit games and possible bowl money.

[Guest nybullsfan]

Mauk Scheduled for court Thursday

Former University of Cincinnati quarterback Ben Mauk will seek a permanent injunction against the NCAA at a hearing Thursday  morning in Hardin County (Ohio) Common Pleas Court after the NCAA ruled against Mauk for the fifth time Wednesday afternoon. The NCAA’s Student-Athlete Reinstatement Committee rejected Mauk’s appeal for a sixth year to complete his four years of college eligibility after allowing Mauk to plead his case last Thursday during a teleconference. The NCAA’s previous rejections of Mauk’s request for a sixth year were based on a lack of contemporaneous documentation to support his contention that an incapacitating injury prevented him from competing during his freshman year at Wake Forest in 2003. Kevin Murphy, Mauk’s attorney, said the NCAA changed its reason for rejecting Mauk in its latest ruling. “The last time it wasn’t enough evidence,†Murhpy said. “Now it’s that he could not show that he could not play in any capacity, which means, taken literally, no one could ever get a medical hardship unless they were in a hospital bed. “They’re holding him to a higher standard than they have countless other people that have received medical hardships.†Mauk was granted a temporary restraining order in Hardin County Common Pleas Court on Aug. 13 but because UC was not named in the order it was not compelled to let him compete or practice. An Aug. 22 hearing for an injunction against the NCAA was postponed after the NCAA agreed to re-consider his case. That injunction hearing will no now go forward with Murphy claiming that the NCAA ignored the opinions of medical experts who said Mauk was injured in 2003. “His own surgeon said that he was physically unable to play in 2003,†Murphy said. “How does a committee of non-medical people supplant their own opinion over that of a surgeon?†If the court grants Mauk the injunction, UC will have to decide if it will allow him to play knowing that if the NCAA eventually prevails in court, it could rule that UC used an ineligible player and therefore forfeit games and possible bowl money.

Even if he wins in court, he still loses.

No way will Cincy take the chance and play him. Of course, he could transfer to 1-AA and play this year (if he wins in court)

[Jamie]

he's trying too hard-- he's up to something

I still think he's practicing for law school or something.

[snarling Bull]

Mauk my words, he'll keep appealing

[crambone]

Well, he just went and mauked up the works.

[Kyle]

He is making a Maukery of himself.

[Rizman]

http://myespn.go.com/blogs/bigeast/0-1-20/Mauk-denied-a-final-time-by-NCAA.html

Ben Mauk is finally out of options with the NCAA.

The NCAA's student-athlete reinstatement committee ruled against the Cincinnati quarterback's appeal for a sixth year of eligibility today. That's the fifth time the NCAA has rejected Mauk's case and the second by this committee.

Here is the NCAA's official response on the ruling:

    "Our review of the facts as presented and possible mitigating factors for this eligibility request was extensive and thorough, exhausting all avenues in the administrative procedures and ensuring a fair process for this student-athlete," said Carol Iwaoka, NCAA Division I Student-Athlete Reinstatement Committee chair and associate commissioner of the Big Ten Conference. "Even after reviewing the latest information, the committee was unable to identify compelling factors that might be viewed as beyond the control of the student-athlete and the University of Cincinnati."

    NCAA rules indicate that a Division I student-athlete can complete his or her four seasons within five years from initial full-time enrollment. Based on legislation adopted by NCAA member institutions, a member college or university must demonstrate the student-athlete was denied at least two participation opportunities for reasons beyond the control of the student-athlete or the institution in order to have an extension of this time period.

    Although the university was able to establish the 2006-07 season was a denied participation opportunity when Mr. Mauk was granted a hardship waiver, Cincinnati was unable to establish a second denied participation opportunity. Based on exhaustive review of all the information, the committee determined that the student-athlete was not incapacitated due to medical reasons, and was unable to identify other compelling factors to grant an extension of time under the five year rule.

    The NCAA student-athlete reinstatement staff considered the matter three times, after two requests for reconsideration from the University of Cincinnati based on new information. Institutions may appeal staff denials to the committee. In this latest appeal, the committee reviewed the information submitted by the university and provided Mr. Mauk with the opportunity to speak directly to the committee. The committee considered in total the original appeal information, all new information submitted during the latest review and statements made during the teleconference appeal.

Mauk may now turn to the court system for relief. He has hired a lawyer, and in August won a temporary injunction against the NCAA allowing him to play. But coach Brian Kelly does not want to have him practice or play even with an injunction, because if it is overturned later, Cincinnati could be penalized for using an ineligible player.

That means Mauk would have to actually beat the NCAA in court in order to play again. And given how slowly the legal system often works, it appears highly unlikely he could do that in time to have any impact on this season. In an absolute best-case scenario, perhaps Mauk could win and be eligible in 2009.

But beating the NCAA is a lot like fighting City Hall. And Mauk can't argue that he had a lack of due process, considering all the hearings the NCAA granted him.

Regardless, the Bearcats have already moved on with Dustin Grutza as their starting quarterback. He was the Big East's offensive player of the week for his performance against Eastern Kentucky last Thursday. And now Grutza won't have to worry about Mauk coming back and reclaiming his job.

It is about time.  Attorney's will be lining up to help him sue.

[HOTMello2005]

I see a lot of reruns of Mauk and Mindy in this kids future!  Sorry, no 6th season.

[___ Eats It]

Cincy just needs to tell him to go Mauk himself...