Crimson White article entered as exhibit in NCAA motion for recusal in Bediako case ...Middle East

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Crimson White article entered as exhibit in NCAA motion for recusal in Bediako case

The NCAA issued a motion for recusal against Circuit Judge James H. Roberts in Charles Bediako’s eligibility case Monday, citing media and public scrutiny over the judge’s connections to Alabama athletics. Judge Roberts was recently discovered to have donated more than $100,000 to UA Athletics, among other connections to the University.

Judge Roberts granted Bediako a restraining order against the NCAA last Tuesday to allow him to compete, making him the first college athlete to enter the draft for and sign a contract with the NBA before rejoining college sports. The center went on to score double-digit points and nine total rebounds in Alabama’s duels with Tennessee and Missouri, taking over the role as starting center and solidifying himself among the more impactful players on the roster.

    As evidence that the public was questioning the judge’s impartiality, the NCAA’s motion pointed to Reddit comments from r/CollegeBasketball and news articles from The Crimson White and other publications like AL.com, Sports Illustrated and FrontOfficeSports.com. . The NCAA also said that the judge’s donations constituted “indirect financial ties” that required recusal. “The NCAA contends that proceeding in this Court has created an impermissible appearance of impropriety because of the intense media scrutiny and public speculation surrounding the Court’s relationship with the University of Alabama and its athletics programs and student-athletes,” attorneys for the NCAA said. They clarified that the NCAA “does not allege that any actual bias motivated the Court’s granting of a temporary restraining order.” The NCAA also said that the temporary restraining order was initially issued “without the opportunity for response.”

    “The NCAA did not receive any notice, formal or informal, from Plaintiff’s counsel on the filing of the Complaint or the motion for entry of the TRO. Instead, Plaintiff’s counsel informed other outside counsel for the NCAA of the entry of the TRO after it was entered by the Court and after it had been covered by media outlets,” the motion said.

    The NCAA said in its motion for recusal that the final ruling on Bediako’s eligibility could draw “a core line of demarcation” between pro and college sport.

    “Confidence in the outcome of a case presenting issues of national concern requires a strong appearance of impartiality that, due to this media coverage and public concern, has become untenable without recusal,” the NCAA said.

    The NCAA has recently allowed former pros that haven’t enrolled in college before to play college basketball, a decision which Bediako’s attorneys argue is inconsistent, discriminatory enforcement of eligibility rules.

    In an interview with The CW, Charles Bediako’s attorney Darren Heitner said that, while the plaintiff didn’t oppose the motion, that recusal wasn’t necessary to secure a fair verdict. Regardless of the judge appointed to the case, he said, the “facts are the facts” and the NCAA acted “arbitrarily and capriciously” in its capacity to enforce its own eligibility rules.

    Heitner referenced the NCAA’s official definition of “amateurism,” that players must not “receive compensation that exceeds actual and necessary expenses,” as an example of the NCAA not enforcing its rules evenly.

    “How can other players who have made more money than Charles Bediako, logged more professional minutes than Charles Bediako, have an opportunity to come play, but he doesn’t just because he signed a few two-way contracts,” Heitner said. “I think, no matter who is sitting on the bench, hopefully that person agrees.”

    The plaintiff’s filing also pointed to the NCAA’s reliance on Reddit commenters and media scrutiny as a weakness in the motion’s reasoning: “Whatever the ultimate outcome may be, whether in front of this Court or any other, someone, somewhere will allege impropriety in the result. That is not, and cannot, be the standard for judicial qualification.” “The NCAA definitely gave me a laugh when it started referring to Reddit users and placing their usernames in their filing,” Heitner said. “That was a new one for me.”The NCAA filed its motion for recusal on the same day that Charles Bediako’s hearing for eligibility was delayed. Judge Roberts and the NCAA agreed to extend Bediako’s temporary restraining order an additional 10 days as one of the NCAA’s attorneys was unable to travel due to inclement weather. The argument set to take place in the courtroom has roiled the world of college sports. AP voter Connor Earegood left Alabama out of his basketball ranking, saying, “I will not rank a team that has to circumvent the rules through a court order to win.” Alabama basketball’s head coach Nate Oats has contended that Bediako’s case is only a “degree of separation” from other ex-pros enrolling, calling the eligibility system “broken.”

    Thanks to the extended restraining order, Bediako is set to take the court for Alabama’s matchup against Missouri tonight. Depending on when his hearing is scheduled, Bediako could also suit up for Alabama’s matches with Florida and Texas A&M. The Crimson White called Judge Roberts’ office and was told there would be no comment.

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