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Old 10-13-2009, 04:57 PM
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University of Alabama releases NCAA rebuttal

TUSCALOOSA | The University of Alabama has released its rebuttal to the NCAA's Committee on Infractions report in the textbook scandal case that resulted in three seasons of vacated victories for the Crimson Tide football program, among other sanctions.
The rebuttal was submitted on Sept. 17 to the NCAA's Infractions Appeals committee, a separate body from the COI, which renders decisions on appeals. Alabama is appealing only for the restoration of vacated victories the case and is not disputing other penalties.
The rebuttal centers on the committee's failure to recognize case precedent from textbook-related violations by other schools in determining UA's penalty, and also questions its decision to use UA's status as a repeat violator as a penalty factor. UA's rebuttal alleges an "abuse of discretion" on the part of the COI.
In illustrating the COI's failure to recognize precedent, the UA rebuttal cites a Georgia Tech textbook case in which the appeals committee reversed a penalty of vacated victories because it was inconsistent with past cases. According to UA's rebuttal, the COI not only departed from case precedent in its response to UA's initial appeal, but also failed to explain its reasons for doing so.
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