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Judge denies McAdoo's request for injunction to play football for UNC

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UPDATED, 5:40 p.m.

DURHAM — Michael McAdoo’s attempt to return to the North Carolina football team may be over after a Durham Superior Court judge denied his request for an injunction against the NCAA and UNC that would have restored his eligibility.

McAdoo had asked the court to intervene because he contended that the NCAA had declared him permanently ineligible based on inaccurate information provided by the university.

Judge Orlando Hudson, after a hearing that lasted more than two hours, found that McAdoo’s claim did not meet the standards required for an injunction, and that it was “not likely he would suffer irreparable loss if not imposed.”

While McAdoo's request for an injunction that would allow him to play this fall was denied, his lawyer, Noah Huffstetler, said the overall case against the NCAA and UNC will proceed.

McAdoo was ruled ineligible last fall for accepting improper assistance from tutor Jennifer Wiley, a central figure in the NCAA’s investigation of the North Carolina football program, as well as $95 worth of improper benefits from an agent.

Huffstetler argued that while North Carolina reported three violations to the NCAA, the school’s own Honor Court found him guilty of only one, and the NCAA “stubbornly and inexplicably” chose to ignore the new information.

For that violation, which involved improper help from Wiley with a citations page on a research paper, McAdoo was suspended from school for a semester. When the paper in question was published with the court filings, a number of passages were discovered to have been plagiarized from other sources.

Attorney Paul Sun, representing the NCAA, hinted at the plagiarism in his argument Wednesday, referring to “more recent information that blatant plagiarism has occurred,” and threatening to “expose that fully on that front if we need to.”

At one point, Sun repeatedly called McAdoo, who was sitting with his lawyers at the plaintiff's table, a cheater.

"It just comes down to cheating," Sun said. "That's what happened here."

The university, meanwhile, found itself “caught in the middle,” as Assistant Attorney General Stephanie Brennan put it.

“The university has said consistently that the penalty imposed was too harsh,” Brennan said. “We appealed (to the NCAA) and lost. … As a member of the NCAA, we have to respect the decision and have the obligation to comply with it.”

An affidavit filed Wednesday by UNC associate athletics director for compliance Amy Herman indicated that the university was willing to keep McAdoo on scholarship and offer him a position as a student coach for the 2011 season. Huffstetler said that offer “had not been emphasized” in previous discussions with the school.

North Carolina is currently preparing a response to the NCAA's Notice of Allegations covering numerous violations and has a hearing scheduled with the NCAA in Indianapolis in October.

“We respect the court’s decision," North Carolina athletic director Dick Baddour said in a statement released by the school. "We agree with the court that these kinds of issues should be decided within the framework of the institution and the NCAA. It is disappointing any time a student-athlete can no longer compete in his or her chosen sport, but we will support Michael (McAdoo) and encourage him to finish his education at the University of North Carolina.

"Carolina is an NCAA member institution and we understand and work within the processes that the NCAA has in place to resolve eligibility and compliance issues. We support those processes and will continue to move forward over these next months to address all of the matters before the NCAA.”

Huffstetler said McAdoo was aware that it would be difficult to obtain injunctive relief, but this was the most likely way to get McAdoo eligible in time for the football season.

“We continue to maintain that Mr. McAdoo was unfairly treated,” Huffstetler said. “Whether it was the university’s responsibility or the NCAA’s isn’t the most significant point. We do think that the NCAA has tremendous authority and power to affect the lives of young men and women who play intercollegiate sports. What happened today just illustrates how much power the NCAA does have and how very difficult it is to challenge one of their decisions once it’s made.”

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plagiarism

 

There are more than half dozen studies that looked at plagiarism on college campuses. The interesting thing the numbers look very similar from one study to another. Different University studies and different research groups found 60 to 70 per cent of college students have committed plagiarism.  One of those studies came down the road to most of you from Duke University.

Should McAdoo be playing football this fall and the answer to that is probably no for reasons other than plagiarism. Should there be such hatred for this kid. NO for sure. So before you get on your high horse understand that he only did what nearly seven of every 10 students you run into on the campuses across this country have done and continue to do.   

...which, of course, makes

...which, of course, makes it OK...

unc family bedtime

"Daddy" says the little girl, "I'm so worried about my tarheels and all these yucky bad things I hear about."

"Don't worry" says daddy, "There are hundreds of studies done that show that most kids in college commit plagiarism."

"Wheww" says the girl, "I feel better allllll ready"

It's called plagiarism. 

It's called plagiarism.  Bad deal if you don't want to cheat academically.  Not sure the tards care.  But the most of the rest of the ethical world does.  The tards are doing it the "Carolina Way".  Just like John Blake, Makhtar Ndjaye, Mike Nifong, Joe Forte, John Edwards, Holden Thorp, Butch Davis and Dick Baddour.  What a friggin joke! Crummy, slimy and cheap.

Mule

I await Heels20 retort with at least twice the amt of names you just provided. Many of which simply don't make sense.

I imagine...

that mule won't be willing to reveal his team.  Many never do.

Speaking of, Mamba sure has been quiet since the emergence of Kendall Marshall

To be honest

I had forgotten about that chap. I suspect he'll be back around as soon as the serious football/basketball blogs go up. You know the ones where we they over inflate UNC bc the N and O is biased in favor of the Heels.

state of mind

why is it that you never have anything to say about other schools than unc----wow dude get a life....try reading about your school some....gee!

The Best Minds at UNC Need Some Help

Is this really the highest level the best minds at UNC can achieve?

It looks like the mystical and lofty "Carolina Way" is just a bunch of propaganda designed to cloak the bribery, the widespread academic fraud and the unethical adminstration at UNC.

The loud UNC braggarts have been exposed, and as usually is the case with loud mouth braggarts, there is not a whole lot of sympathy.

Why don't you just quit denying, fighting and appealing everything and move forward?

 

 

While I thought McAdoo...

had a rightful claim, I'm not surprised by the rejection of the plea for injunction today. What will be interesting is to see if McAdoo goes ahead with his case in court. There I think is the better chance to air the NCAA's laundry and expose the depraved nature in which it treats student athletes. I believe Robert Orr 100% when he claims there are no provisions for student rights in the NCAA handbook. Also, the claim that due process does not have to be given by the NCAA because of it's Non profit status seems just wrong. Certainly even if he loses at trial McAdoo has a chance to practically bring the NCAA to it's knees begging for the curtain to not be pulled back.

 

Just as the Anchorman wants to spill some beans... I think the NCAA has a few dishes baking of their own. I really like baked beans and am waiting for the "show"... Cheater?? Whose the real cheater, NCAA? I ask that with an absolute straight face.

What else is hiding behind UNC's curtain of deception

From a remark on the "Daily Tarheel" website, below is the grade distribution in the 200-level courses that McAdoo and company were enrolled in. Note the complete lack of below-average grades. Wow!

UNC AFRI 266 Grade DistributionA 33
A- 55
B 31
B 39
B- 5
C 1
C 2
C- 0
D 0
F 0
Total 166 students

A 53%
B 45%
C 2%
D 0%
F 0%

UNC AFAM 428 Grade Distribution
A 27
A- 18
B 4
B 1
B- 1
C 0
C 0
C- 0
D 0
F 0
Total 51 Students:
88% A
12% B
0% C
0% D
0% F

UNC SWAH 403 Grade Distribution
A 29
A- 4
B 3
B 9
B- 4
C 3
C 19
C- 1
D 0
F 0
Total 72 Students
46% A
23% B
31% C
0% D
0% F

How do you define...

Wow. So how do you define "Grade Inflation"? Must be some really easy courses.

Easy courses

I'd agree. This is basically a hybrid of Sociology and History. It takes some major screwing up on your end (McAdoo) to get anything less than a "C." Now you mix in the GPA and SAT's required to get into UNC and you shouldn't see anything less than a "B" in this class. The distribution pretty much shows this. In the end, it is a joke of a Major at any school. Offer the classes ? Absolutely. As a Major ? No way. The extent of this study should be as follows: History or Sociology Major with a Minor in African Studies.

RE: "ONE QUESTION"

"What say you with an unbiased answer. Try to answer like you at have some kind of education."

EDUCATION, you say????? 

My son had (and used) better grammar at 3 years old...education indeed!

 

You probably don't have the luxury

Of typing on a smart phone. You probably still have one of those block Nokia phones. But you are right about my 3rd grade education. From 4th grade on I was too cool for school and paid off teachers, principals, advisors and coaches till I finished college. I'm regretting this now. Sigh.

I guess you didn't have an answer for my question either ?

Marvin

According t twitter he is "ready to spill the beans."

Dumb F*ck

Well...

July is National Baked Bean Month. 

NCAA needs to be investigated

it is my hope that through this lawsuit, the veil that hides the power, money and corruption of the ncaa will be pull back to expose the body for what it truly is.

Right on, dfmjr49

It's about time that UNC-CH is exposed.

Do you hear the laughter?

It's hoards of NCSU fans, Sweezy, and all the other violent criminal athletes who were allowed to continue playing after committing their crimes.

He Cheated

McAdoo cheated.  He turned in schoolwork that was blantantly plagarised and called it his own.  He broke the rules of the University and the NCAA.  He has lost the privilege of playing football in an NCAA sanctioned program. 

All the lawyers and money in the world don't change these facts.

One question

So if everything you say above is exactly what you believe as well as what the NCAA believes how come FSU football players were given three game suspensions for cheating ALL semester long with given test answers on all exams and my ECU baseball players being reinstated to play after some of them had tutors write their entire papers for money.

What say you with an unbiased answer. Try to answer like you at have some kind of education. And if you say the Judge or NCAA was fair today, share with us your thoughts on why they were here and not in my examples of FSU and ECU ball players.

Which ECU baseball players

Which ECU baseball players were reinstated?

At FSU, the scandal was one exam in one online course, and the cheating involved lots of students...some athletes, some not.

McAdoo confessed to repeatedly breaking NCAA rules with regard to the amount of help he was given.  The reason the Honor Court doesn't matter is that what may be allowable help by UNC/Honor Court rules is not allowed by NCAA tutoring rules.

Here ya go know it all

Lets see if you retort ? My eight ball says, "doubtful."

FSU Football players

The school's investigation found that a tutor gave students answers while they were taking tests and filled in answers on quizzes and typed papers for students.

ECU baseball players

Eight baseball players were found guilty of having someone write papers for them as well as someone doing a power point as well.

Football players got 3 games and ECU baseball players were reinstated.

In the FSU case, all I could

In the FSU case, all I could find was that the tutor asked an athlete to fill in an online version of a test that was done by another player in hard copy.  That is illegal data entry, not really "cheating".  The biggest part of the scandal was an online test that basically became a huge group effort.

At ECU, a google search for "ecu baseball players reinstated" turns up a bunch of nothing.  It's ECU, and the Reflector isn't much of a paper, but I would expect some sort of a news report.  I found no record of football players being suspended for academics.  There are a couple of reports of guys missing a game for fighting or getting arrested, but nothing academic.

I'm not saying you're wrong, but I would like more than your word.

FWIW, this is from WRAL's article concerning the NCAA probation announcement for ECU.  It was 4 baseball players, not eight.

According to Sheerer, a women's tennis player, who was working as a tutor in the ECU athletic department, wrote papers for four baseball players at East Carolina in 2010.

The academic fraud included writing a paper for two of the student-athletes, eight papers for another and producing a PowerPoint presentation for a fourth.

 

 

 

Ok

My bad on getting the papers and players mixed up. It came directly from an apology letter sent out from East Carolina.

20 players cheated on a test along with other athletes at FSU. Phrase it however you wish, they got off with a wrist slap considering who FSU probably played in their first three games o the year. And just in case you go searching for who they played, they still only got three games from the NCAA. The school sat most of them for the bowl game the year before.

Remember

Please cite your sources. :-)

I assume

the smiley faces mean you know this already. Everybody should know or at least after it being brought back up about FSU. Hardly anyone knows about ECU baseball, but you ought to since you went there.

Edit: I'm thinking your "cite sources" was a jab at me via McAdoo. Good one. Point for you.

Someone I know well and trust

Someone I know well and trust told me that she made her extra cash at ECU writing papers for athletes. The difference of course is that they didn't get caught.

..proof would be nice, of

..proof would be nice, of course; but, a little libel is typical of some UNC fans...

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About the blogger

Luke has worked for The N&O since 2000. He covered the Carolina Hurricanes and the NHL before becoming a sports columnist in August 2008. A native of Evanston, Ill., he graduated from the University of Pennsylvania. He can be reached at (919) 829-8947, @LukeDeCock on Twitter or luke.decock@newsobserver.com.
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