The following is a statement from Todd McNair's lawyer after the NCAA formally denied his client's appeal on Friday. Scott Tompsett has had 20 years' experience representing coaches in NCAA cases. He has been involved in more than 50 such cases:
"Mr. McNair is disappointed in the decision, but he’s not surprised. After all, the NCAA publicly endorsed the Infractions Committee’s decision last June before we had even filed the notice of appeal. And NCAA President Mark Emmert said last December – while the Infractions Appeals Committee was still deliberating the appeal - that he believed the Infractions Committee got the USC case right. So, today’s decision simply confirms what the NCAA leadership had already decreed publicly.
"Dr. Emmert also recently said it’s important for the NCAA to get the facts right in an infractions case. He’s correct; the NCAA owes it to involved parties, the NCAA membership and the public to get the facts right. The NCAA should get the facts right when it ends a coach’s career.
"But Dr. Emmert apparently wasn’t referring to the USC case when he talked about getting the facts right, because the Infractions Committee mischaracterized and manipulated key testimony. The Infractions Committee based Mr. McNair’s unethical conduct finding on demonstrably false statements. The Infractions Committee based its decision on inconsistent and contradictory findings. And today the Infractions Appeal Committee said that’s OK.
"Mr. McNair had hoped the Infractions Appeal Committee would set aside his unethical conduct finding so he can try to resume his career. The decision today makes that very difficult.
"Mr. McNair wants to thank the media outlets that have reported on his case. Several articles by USCFootball.com have reported on the numerous errors committed by the NCAA in Mr. McNair’s case. ESPN.com said the NCAA’s handling of McNair’s case was sloppy and arbitrary, and called McNair’s appeal strong and compelling. ESPN.com also said the NCAA’s finding offends any notion of fair play. SI.com said the NCAA’s evidence against McNair was questionable at best. These are not Mr. McNair’s statements; they are conclusions of independent media outlets.
"Moreover, according to reports, the United States Congress is considering holding investigative hearings into the NCAA’s enforcement procedures, in part because of the NCAA’s mishandling of Mr. McNair’s case. It appears the NCAA stands alone in believing Mr. McNair is guilty of a major violation.
"Mr. McNair is now considering legal action to remedy the injustice he has suffered. This has been a very difficult and trying experience for Mr. McNair and his family. He wants to publicly thank his many supporters for their interest in his case and unwavering support."