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<a href="http://www.nytimes.com/2012/01/14/opinion/nocera-more-ncaa-justice.html?_r=1&nl=todaysheadlines&emc=tha212&pagewanted=print#">Reprints</a></li></div><br></div>
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<div class="timestamp">January 13, 2012</div>
<h1>More N.C.A.A. ‘Justice’</h1>
<h6 class="byline">By <a rel="author" href="http://topics.nytimes.com/top/news/business/columns/josephnocera/?inline=nyt-per" title="More Articles by Joe Nocera" class="meta-per">JOE NOCERA</a></h6>
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<p>
<a title="A previous column" href="http://www.nytimes.com/2012/01/07/opinion/nocera-ncaas-justice-system.html?_r=1">Last week’s case study</a> in <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/n/national_collegiate_athletic_assn/index.html?inline=nyt-org" title="More articles about the National Collegiate Athletic Association." class="meta-org">N.C.A.A.</a>
injustice took place at the University of North Carolina, where every
sport is big time. Today, we move north to a different kind of
institution, <a href="http://www.sju.edu/">St. Joseph’s University</a>, a
small Jesuit-run school in Philadelphia. With fewer than 5,000
undergraduates, St. Joe’s doesn’t even field a football team, but its
little-engine-that-could basketball team has long been a source of
pride. During the 2003-4 season, for instance, it went 27-0 in the
regular season and made it to the regional final of the N.C.A.A.
championship tournament. </p>
<p>
In 2008, Todd O’Brien, a 7-foot center, transferred from Bucknell, where
he had played as a freshman, to St. Joe’s. After sitting out a year,
which the N.C.A.A. requires when a player switches schools, he played
the next two seasons at St. Joe’s. His coach, <a href="http://www.sjuhawks.com/sports/m-baskbl/mtt/martelli_phil00.html">Phil Martelli</a>,
gave him plenty of playing time in his first year, but in his second
year the team struggled, O’Brien played poorly and he wound up mostly on
the bench. </p>
<p>
He also graduated with a major in economics. Yet because of the year he
sat out, he still had a year of athletic eligibility left — and he still
wanted to play basketball. The athletic department’s academic advisers
suggested that he delay graduation and fill his final year with courses
like pottery, O’Brien told me. He had larger ambitions, however. He
wanted to get a graduate degree in public administration. St. Joe’s
didn’t have a suitable program, but O’Brien found one to his liking at
the University of Alabama at Birmingham. The basketball coaching staff
there was excited to have him join the team for his final season of
college basketball. </p>
<p>
There was one problem, however. Even though O’Brien was a bench warmer,
Martelli, O’Brien said, was furious when he found out the player was
leaving. <a href="http://sportsillustrated.cnn.com/2011/basketball/ncaa/12/19/todd.obrien/index.html">As O’Brien later recounted to Sports Illustrated</a>,
when he told his coach that he was going to be attending
Alabama-Birmingham for graduate school, Martelli responded with an
expletive-laced tirade, vowing to block him from finishing his course
work, and even threatening to sue him. </p>
<p>
In a second meeting a few days later, according to O’Brien and his
lawyer, Martelli told him that he would either “be playing at St. Joe’s
next year or not playing anywhere.” O’Brien had already ascertained that
there was no N.C.A.A. impediment to him playing for another school. It
has a special rule for athletes like him — graduate students with
remaining eligibility — allowing them to enroll in another university
without having to sit out a year. The rule also states, though, that the
player’s previous school has to agree to “release” him. St. Joe’s,
clearly acting at Martelli’s behest, refused to sign the necessary
paperwork. </p>
<p>
Let’s put aside the question of why college athletes usually have to sit
out a year when they transfer, even though coaches can switch schools
at the drop of a hat. That’s a column for another day. Let’s focus
instead on O’Brien’s plight. How can a student who has graduated from
one institution be prevented from participating in an extracurricular
activity at a different school? How can a miffed coach’s pique control
the activities of a student who doesn’t even play for him anymore? Can a
music teacher who is angry at a violin student prevent him from playing
in another school’s orchestra? The very idea is absurd. Why is it any
less absurd when the student is an athlete? Why is it any less wrong?
Yet that is precisely what the N.C.A.A.’s rules make possible. </p>
<p>
And which it then reinforces with its own iron fist. Unable to persuade
St. Joe’s to change its mind, O’Brien appealed to the N.C.A.A. Did the
N.C.A.A., which purports to care about the welfare of its
“student-athletes,” take stern action against St. Joe’s? <a href="http://sportsillustrated.cnn.com/2012/writers/seth_davis/01/09/Todd.O.Brien/index.html">Of course not</a>. </p>
<p>
In response to O’Brien’s appeal, St. Joe’s submitted a letter
complaining, among other things, that his transfer was done for
“athletic reasons” rather than academic ones. Though that clearly is
untrue, so what if it had been? Why should his reason matter?
Nevertheless, the N.C.A.A. sided with the school. An N.C.A.A.
spokeswoman sent me a statement saying, “St. Joseph’s opposition was an
important factor” in denying O’Brien’s request. Which only makes sense,
since coaches, not athletes, are the N.C.A.A.’s real constituency. (She
also said that the N.C.A.A. would review the case again this week.) For
its part, St. Joe’s has refused to discuss the situation, citing
“privacy laws.” </p>
<p>
In <a href="http://online.wsj.com/article/SB10001424052970204257504577151212467142838.html?mod=googlenews_wsj">a column in The Wall Street Journal this week</a>, Mark Emmert, the N.C.A.A. president, complained about unnamed critics who were calling for players to be paid — <a title="A Times Magazine article" href="http://www.nytimes.com/2012/01/01/magazine/lets-start-paying-college-athletes.html">gee, who could he be referring to?</a>
— and said that the N.C.A.A. had to come up with solutions “that
reflect our values.” Its real values are reflected in cases like Todd
O’Brien’s. There are a hundred others just like his. </p>
<p>
Meanwhile, in Philadelphia, a small Catholic school has disgraced itself
because it won’t stand up to its bully of a basketball coach. </p>
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