Episode Transcript
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Speaker 1 (00:00):
Found Cincinnati's ESPN fifteen thirty.
Speaker 2 (00:03):
Sports headlines in just a few There is not a
ton of late breaking news for me to share with you,
so we'll push that off while we clear room for
our legal analyst from the Manila Law Group. Our friend,
attorney Stuart W. Penrose, answers our sports and legal questions.
Speaker 1 (00:19):
Good afternoon, sir. How are you good afternoon?
Speaker 3 (00:21):
I'm doing great. How about you?
Speaker 2 (00:23):
I'm doing well. I want to start by asking about
Jerome Tang. He is now the former head basketball coach
at Kansas State. After a game last week in which
his team was throttled by the Bearcats, he popped off
on his players. He did coach one more game this weekend,
then late on Sunday night, he was fired for cause,
(00:43):
and the school says, well, the language and his contract
addresses certain things that can potentially bring embarrassment. His comments
about the student athletes and the negative reaction to those
comments from a lot of sources, both locally and nationally,
brought brought embarrassment to the university. The school says, I
think most of us look at a guy who had
(01:04):
won one game in the league and was probably gonna
lose his job. Anyway, and we see a school that
is just trying to get out from underneath the more
than eighteen million dollars that the school owes them. Let's
start from the beginning here. What is the difference between
firing for cause and without cause?
Speaker 3 (01:20):
Sure, well, without cosmo, I mean it's a fault termination.
You could fire coach for any reason, including performance. And
if you fire them without cause, they're full buyout, which
in hit his case is apparently around eighteen million. Four
cause you're you're looking at violations of contract provisions. You're
(01:40):
usually talking MC DOUBLEA, violations, criminal conduct, moral tuper, turpitude,
or what the university is trying to claim here, you know,
public disrepute or embarrassment, you know, is what they're trying
to you know, claim here in the situation.
Speaker 2 (01:56):
So embarrassment is kind of subjective, right, Like it's clear cut.
If you break an NCAA rule, fine, that's clear cut.
If you run a foul of the law and you're
convicted of a crime, that's clear cut. Embarrassment is subjective.
Disrepute is subjective. And so based on that, based on
the fact that we're talking about things that what's embarrassing
(02:19):
to one might not be embarrassing to the other.
Speaker 1 (02:21):
Does the school really have a legal leg to stand on.
Speaker 3 (02:26):
Well, it'll go forward in the court if it makes
it that far. I don't think anyone's senses are deceiving them.
It certainly appears that they're trying to get a discount
on the extent very expensive buy out they all Coach
tang here, he's hired a very reputable sports lawyer, Tom Marsh,
who was Jim Harbaugh's attorney, who came down hard on
(02:46):
Kansas State and said, you know, this is just the
beginning of the embarrassment for KSE State and the AD.
So it certainly seems like they're fighting it. Good for them. Look,
I mean, let's be honest. Here, he is, you know,
far from the first coach to go out and publicly
criticize his players and his team. And you know a
lot of coaches use that as a motivation tactic. If
(03:08):
you're looking at that and you said, and you said
to yourself, wow, this doesn't sound any different than something
I hear from coach A or coach B. Well, you again,
your senses aren't deceiving you. And you know, would the
case AD be saying something like this. If coach Tang
made the same comments to his team that was in
the top fifteen, you know, probably not.
Speaker 1 (03:28):
So how often do cases like this actually end up
in court?
Speaker 3 (03:34):
They can, but rarely discovery is messy. Emails can come
out that show things that that neither side wants. Schools
don't want to get dragged through the mug with something
like this. Generally speaking, they're going to come to some
sort of negotiated resolution. But you can clearly see that
(03:54):
Jerome Tanga is finding this hard with his attorney. He's
hired a bulldog to go to bat for him, and
we'll see what happens. I mean, LSU tried something that
Brian Kelly recently when they fired him and seemed to
try to put that off and try to come up
with some four cause reasoning. He retained counsel and he
got his full buyout, So you know, it's very possible
that that may happen here for a coach Tang.
Speaker 2 (04:17):
This, I guess this may be a stupid question. So
that the comments in question were made after a game
on Wednesday. Kansas State played a game on Saturday. Jerome
Tang coached his team in that game. They lost to
Houston and then got let go on Sunday. So there's
a part of me that goes, wait a minute, if
he brought such shame and embarrassment to the university, why
would you let him represent the school on Saturday? That
(04:39):
tells me that this is not because of the comments
last week. If they were, he would have at least
been suspended. What would you say to that?
Speaker 3 (04:45):
From a legal perspective, Once again, your senses aren't receiving you.
I mean, if it looks like a dock and it
sounds like a duck, I think it's pretty clear the
university's trying to, you know, get out from a buyout,
or get out as much as they can from a buyout.
This is his speech and his press conference is nothing
we haven't seen hundreds of times over with various coaches.
(05:09):
He's going to argue that they're very much stretching the
meaning of you know, embarrassment to the university. And it
seems that the coach is a very strong case here,
and certainly the fact that they let him coach another game, well,
you know, certainly gives credence to that argument.
Speaker 1 (05:24):
Let's talk about the NFLPA.
Speaker 2 (05:26):
So for years, for the last couple of years they've
released these team report cards, which are based on surveys
done of the players, and as a result of those surveys,
the NFLPA will release port card report cards about the
teams and how they operate, how what kind of workplace
conditions there are, how families are treated, what sort of
perks players get working for each team, that sort of thing.
(05:48):
The NFL has challenged this, and it has been ruled
that the NFLPA is they're allowed to conduct these surveys,
but they're no longer allowed to make the result of
these surveys public. Why was this ruling reached and is
this something that the players Association can challenge?
Speaker 3 (06:06):
Sure? Well, in first off, I mean this is not
a First Amendment change. It's a labor contract case. I mean,
the arbitrator essentially decided that you know, they're publishing this publicly,
you know, violated, violated the CBA and the language of
the CBA. You know, my labor arbitration rulings are very
difficult to challenge, and they're very difficult, very rarely overturned.
(06:27):
Typically speaking, you know, you're looking for fraud, bias or
arbitrator misconduct. You know, the more realistic expectation is the
nfl PA either compliance or it simply negotiates new language
in their next c B A. Certainly they can still
conduct these surveys, use the data internally, and try to
push teams internally with it. But you know, the arbitrator
(06:51):
pretty you know, clearly ruled that it violated the language
of the c BA and something for them to work
on in the next CVA perhaps.
Speaker 1 (07:00):
Yeah.
Speaker 2 (07:01):
By the way, and we'll talk about this next week,
because we're gonna be talking a lot about baseball CBA
expiring at the end of this season. Their a union
had left, and so put that on the back burner
for next week because there's lots of questions about that.
I do have to ask you, though, about another college
eligibility case. We have one of these seemingly every week
old miss quarterback Trinidad Chambliss is going to get a
(07:23):
sixth year of eligibility.
Speaker 1 (07:25):
What was the foundation of his case.
Speaker 3 (07:29):
Sure, well, he's claiming that he should have had a
medical red shirt for one of his years, that at
fair s state, that he didn't suit up, that he
didn't play. The n CUBA had had declined this case
and ruled him in eligible, he appealed it. He lost
his appeal as well. And you know, we're getting in
a pattern of this on this segment. You know, we're
seeing judicial oversight of you know, college sports eligibility, and
(07:53):
that's you know, we're seeing it more and more, and
you know, it's it's already a ripple effect. This is
already h you know part of that. You know that
they're gonna look at it a case by case basis.
And you know, he was able to sue in a
in a Mississippi state court that certainly can't hurt you know,
you're arguing against uh, you know, state uh anti trust
(08:14):
laws and you know, quite frankly, in a state like Mississippi,
there's only two law schools and you know the only
public one is Old mess. I'm not saying the judge
you know, didn't did anything improper in there by any means,
but you know, yes, you know you're you're gonna get
a more favorable venue in these circumstances. UH. But it's
just very very hard for the n C double A
(08:35):
to uh, you know, blanketly enforce eligibility over certain issues
because different states have different laws that uh, you know,
Garner anti trust, and uh, it makes it very difficult
for the NC double A to you know, keep their
power and blankenly enforce it. And you know the young
(08:55):
man's gonna be able to play next year. I mean
the NC double A technically could appeal that. Uh the unction,
I mean the case technically is still going on. What
he got is an injunction. But you know cases take years,
and you know by the time this case is over,
he'll be he'll be off to the NFL.
Speaker 2 (09:09):
Yeah, unless he sues for more years of college eligibility,
which you always have to account for.
Speaker 3 (09:14):
That.
Speaker 2 (09:15):
Attorney Stewart W. Penrose from the Manila Law Group. You
can learn more at Manila Lawgroup dot com. Awesome to
have you as always, heart, Thanks so much, Thank you.
That's our guy, Attorney Stewart W.
Speaker 1 (09:26):
Penrose. He has been an awesome addition to our show.
Speaker 2 (09:29):
Sports headlines are a service to Kelsey Chevrolet, home of
lifetime powertrain protection and guaranteed credit approval from their family
to yours for life kelseyshev dot com. We're gonna play
the Hunter Green audio at five oh five. You may
have heard I like Hunter Green, Hunter Green's gonna sound
You're gonna hear him sounding pretty pissed off in twenty minutes,
and you cannot blame him. Red's are continuing workouts Hunter
(09:53):
through live batting practice today to the Reds hitters, and I.
Speaker 1 (09:58):
Rooted for Hunter Green because that's what I do.
Speaker 2 (10:03):
The first Cactus League game is on Saturday, Reds and
Guardians at three to ten on Fox Sports thirteen sixty.
The franchise tag window is open. It's been open for
forty six minutes. I don't think that the Bengals have
tagged Trey Hendrickson yet, but they can now. They legally
can all the way until March fourth. College basketball tonight,
Xavier is taking on Villanovi. You know the Big East.
(10:25):
I would stop short of saying that there's a big
two in the Big East. And I know Saint John's
just beat Yukon at Madison Square Garden, but I will
maintain that Yukon with Dan Hurley complaining about attendance and
Huskies games still feels like a class among themselves. Now
(10:49):
both teams have lost one game in the league, Yukon
in Saint John's, so okay, fine, we'll make it about
the big two. And then there's like the bottom half
and then a couple of teams that at times, like
Seaton Halk can look really good and at sometimes and
(11:10):
right now the Pirates are playing really well. Creighton is
not very good, but when you've watched him on good nights,
you've seen a team that looks good. Then there's Villanova
that is very quietly eleven and three in the league.
They're in town tonight to play Xavier, first of two
meetings between these two schools between now and the end
(11:31):
of the season. Tip Off is going to be tonight
at six point thirty and you'll hear the game live
on seven hundred Wlwpre game coverage starts at six o'clock.
Kevin Willard on track to take the Wildcats of the
NCAA tournament for the first time since Jay Wright retired
in two thoy twenty two, and balanced team ranked close
(11:51):
to the top thirty nationally and offensive and defensive efficiency.
Playing the Xavier team that closed out Marquette and for
a lot of that game looked really good. On Saturday again,
tip off tonight at six thirty Miami battles U mass
The Red Hawks faced a pretty stiff test from the
minute men. Back on January the twenty seventh and Red
(12:11):
Hawks are point and a half favorites. Jay Billis ranks
the sixty eight best teams in college basketball. He has
Miami twenty sixth. He writes my on court view of
the RedHawks as the rank them in the mid forties
of the Billis Index. Jay Billis is among the best
(12:35):
college basketball analysts going, and so he's one of the
few people talking about the RedHawks that I would imagine
has actually watched them and say what you want about
their schedule, and say what you want about whether or
not they should be included in the field of sixty
eight if they lose the MAC Tournament title game but
win all their regular season games, and I have a
(12:57):
really hard time believing the committee is going to ignore
or zero losses in the regular season. But offensively, look,
they're not brimming with NBA guys, have a lot of
guys who probably wouldn't get playing time on good Big
twelve teams. But they run really good stuff. They don't
take a bunch of bad shots. Ian Elmer's made some
(13:18):
huge shots for that team. Pete Sooter has obviously been
a great playmaker for that team. Brant Byers can shoot
the ball like they're in the upper part of the
sport in a lot of advanced offensive metrics. What you
wonder about is, and this has happened a couple of times.
It happened against UMass to a degree. The minimns shot
(13:38):
fifty one percent. Miami has defensive deficiencies.
Speaker 1 (13:44):
Now.
Speaker 2 (13:44):
I think they've gotten better relative to the way they
played against kent State, the way they played in the
first Buffalo game, and the way they played against UMass.
But we talk about this a lot in across a
lot of different sports. When does your fatal flaw catch
up to you doesn't catch up to him? Tonight, UMass
has lost two consecutive games, including a triple overtime loss
to Coastal Carolina. That's going to be a good game
(14:06):
Tonight tips off at seven pm. Kentucky tries to bounce
back after getting beaten by Florida. I felt like Kentucky
in that game, and I have not looked this up.
I felt like Kentucky might have missed twenty five layups
in that game. A lot of opportunities at the rim
against a very good Florida team on the defensive end.
The game never got completely out of hand. The game
(14:29):
never felt like it was there for the taking. Kentucky
and Georgia tonight tip off at nine o'clock. Pregame coverage
at seven thirty on ESPN fifteen thirty. And Ohio State,
a team that I think is one of the most
interesting in the country coming off that neutral site loss
to Virginia. They battle Wisconsin tonight at eight thirty. We're
guests free the rest of the way. We do have
(14:50):
to talk about tanking because it's being brought up in
the NBA right now. You know, the Reds not that
long ago essentially tanked and everybody seems to be okay
with it now. That's coming up on ESPN fifteen thirty.
Cincinnati Sports Station Cincinnati's ESPN fifteen thirty.
Speaker 4 (15:09):
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Speaker 1 (15:40):
This report