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The case centers around former Adidas representative T.J. Gassnola’s testimony that he paid $2,500 to De Sousa’s guardian. The NCAA specified that KU must declare Gassnola as a booster before a reinstatement case is heard.
It’s a critical distinction, because booster behavior triggers stiffer penalties. But Josephine Potuto, a Nebraska law professor and former chair of the NCAA infractions committee,
said that KU could classify Gassnola as a booster for the sake of the appeal and decide to change later.
The appeal would be heard by people from universities and conferences, not NCAA staff. The argument from KU and De Sousa would be that the guideline leading to the punishment is unfair, or has been misapplied.
The general hope is that the suspension would be reduced and De Sousa made eligible for next season. Scott Tompsett, De Sousa’s lawyer, was more direct when discussing the appeal.
“The NCAA still has an opportunity to do the right thing for Silvio,” he said. “They should take it.”
NCAA enforcement is seen by many as a swinging pendulum, affected by recent cases, public opinion and self-worth. In separate conversations, three different sources who work in college athletics drew a connection between the punishments against De Sousa and Mizzou.
Mizzou was given a one-year bowl ban, recruiting restrictions, and a substantial fine among other punishments after it was discovered that a tutor completed some course work for 12 athletes. Mizzou was not found to have known about or encouraged the violations, and
cooperated fully with the investigation.
North Carolina is seen by many to have “gotten away with” an academic scandal that spanned more than a decade, and the details that came out in the Adidas trial embarrassed the NCAA.
Here comes the pendulum, then, swinging back toward the side of overly harsh punishments — Mizzou and Kansas are the first to pay. Again, that’s the perception from some.
“What seems to be occurring is a knee-jerk reaction to the FBI investigation,” Jackson said. “In an effort to quote ‘clean up college basketball,’ you essentially have an overreaction by the eligibility center staff, by the enforcement staff. They’ve lost perspective.
“Because how can you in good conscience take a player off the floor for two years who, according to everyone, had no knowledge and did not benefit in any way from what allegedly occurred?”
While Potuto said that labeling Gassnola as a booster would be a reversible decision and necessity to get the case going, Jackson saw it as potentially part of the groundwork for a bigger