USA Today - 11.11.2019

8C z MONDAY, NOVEMBER 11, 2019 z USA TODAY SPORTS

CHAMPIONS

ARE MADE

PGA CHAMPIONSHIP | MAY 11-17, 2020

H ARDING PARK | S AN FR ANSCISO

Visit Attend.ThePGA.comom

MEMPHIS – The statement is buried
on page 11 of University of Memphis bas-
ketball star James Wiseman’s lawsuit
against the NCAA. But it cuts to the
heart of what’s at stake here, of what
Wiseman and the university believe
happened.
Of how this case could be about so
much more than just a top recruit and a
basketball team’s season.
“Defendant NCAA acted intentional-
ly and with malice in this regard,” item
55 of the complaint reads.
If Wiseman’s attorneys and Memphis
can prove that in court, this suit could
become the case that topples the NCAA.
If a judge believes what almost every
Memphis fan you’ll encounter believes

• that the NCAA’s treatment of Wise-
  man is just the latest example of arbi-
  trary and unjust enforcement of its rules


• it could change college sports’ govern-
  ing body more than any legislation.
  It’s why the NCAA responded the way
  it did Friday, with a statement announc-
  ing the freshman is likely ineligible and
  “the university chose to play him and ul-
  timately is responsible for ensuring its
  student-athletes are eligible to play.”
  Memphis, through its support of
  Wiseman and coach Penny Hardaway,
  is electing to be the first university to re-
  bel in the growing war against the NCAA
  that’s largely been relegated to state leg-
  islatures and the court of public opinion
  so far.
  Whereas Ohio State and star football
  player Chase Young chose to bend the
  knee and accept the consequences of
  Young violating an NCAA rule that de-
  fies common sense, Memphis chose to
  throw a right cross.
  The punch landed, temporarily, and
  it’s a punch Memphis and Wiseman
  likely felt forced to throw because they
  knew the “fair and equitable resolution”
  that university president M. David Rudd
  asked for in his own statement was un-
  likely to come without legal action.
  If Wiseman is able to force his way
  onto the court through the courts, it ef-

fectively neuters the NCAA eligibility

process.

Remember, neither side is arguing

that NCAA amateurism rules weren’t

broken.

The NCAA rule book isn’t hard to de-

cipher in this case. Once someone

makes financial contributions to an ath-

letic department, that person becomes

a “representative of the institutions

athletics interests” – or a booster – and

“the person retains that identity forev-

er,” according to the NCAA enforcement

website.

Boosters, according to the NCAA,

can’t “become directly or indirectly in-

volved in making arrangements for a

prospect or the prospect’s relatives or

guardian to receive money or financial

aid of any kind.”

When Hardaway donated $1 million

to the University of Memphis in 2008,

he became a booster permanently.

Therefore the $11,500 he gave to Wise-

man’s mother for moving and relocation

expenses in the summer of 2017 became

an impermissible benefit.

Does that sound like a reasonable ex-

planation for what actually occurred?

Was Hardaway giving Wiseman’s moth-

er $11,500 to steer Wiseman to Memphis

nine months before he was hired as the

Tigers’ coach?

Should the NCAA be able to declare a

student-athlete eligible – as it did with

Wiseman last May – and then subse-

quently declare him ineligible without

any new information, as Wiseman’s

lawsuit alleges?

Probably not.

But those are the rules. By joining the

NCAA, universities agree to abide by

them.

It’s why this decision by Memphis is

so risky. Rudd, in particular, is sticking

his neck out here, like no other univer-

sity president before him.

The NCAA, if it prevails, could im-

pose sanctions and forfeits based on

this act of defiance.

It seems, however, that the univer-

sity is well aware of these potential con-

sequences. After all, it backed down

during the Derrick Rose eligibility case

and still had to take down a Final Four

banner from 2008.

It’s the only way to explain why

school officials let Wiseman play Friday.

Even if it doesn’t work out again –

and let’s be clear: history suggests the

courts will eventually uphold the

NCAA’s right to enforce its rule book –

Memphis and Wiseman have the

chance to land serious body blows on

the NCAA’s credibility as a governing

body.

Especially if this case remains in

Shelby County Chancery Court, where

the judges are voted into their seats.

Would you want to be the judge trying to

get re-elected in Memphis who upheld

Wiseman’s ineligibility?

Already, U.S. Reps. Steve Cohen,

D-9th, and David Kustoff, R-8th, have

come out in support of Wiseman and

called upon the NCAA to reverse its eli-

gibility decision.

Rev. Kenneth T. Whalum Jr. of New

Olivet Baptist Church even tweeted a

prayer for Wiseman and Hardaway,

writing “they are both beautiful spirits,

and we know that attracts attacks and

spiritual warfare.”

Only Memphis basketball could align

God with both major political parties in

this city.

So here’s guessing, at the very least,

this litigation gets tied up in the court

system so long that Wiseman is long

gone to the NBA by the time a final deci-

sion is rendered.

Here’s guessing Memphis ends up

vacating some victories over this con-

frontation, but only after the Tigers’ fan

base intentionally and maliciously

basks in the glory of winning those

games with a 7-1 dunking dynamo shov-

ing the NCAA’s antiquated rules back in

its face.

Can Wiseman, Memphis topple the NCAA?

Center James Wiseman is introduced before Memphis takes on Illinois-Chicago on Friday. JOE RONDONE/THE COMMERCIAL APPEAL

Mark Giannotto

Columnist

Memphis Commercial Appeal

USA TODAY NETWORK