A reader asked yesterday why I have not commented on the “Brendan Sorsby Miasma” ever since he checked himself into a rehab facility to treat a gambling addiction. The reason is simple; I don’t think I have a decent understanding of the nuances of that mess. However, since he asked, I will offer these remarks today.
Brendan Sorsby placed thousands of sports bets in his young life; they were legal bets but some of them included bets on his team in games where he was on the active roster – – but did not play. Unsurprisingly, the NCAA banned him and declared him ineligible for life; Sorsby went to court and a judge ruled in his favor that he could play college football again at Texas Tech starting in the Fall. Based on the current court ruling, Sorsby will serve a two-game suspension at the beginning of the season and then be eligible to play. Two comments here:
- It is NOT true that the judge who issued the injunction is a Texas Tech grad. Judge Curry took over the case from another judge who recused himself from the case because the other judge was a Texas Tech alum.
- The two games Sorsby will miss are against Abilene Christian (home) and Oregon State (away).
Before anyone asks, I cannot explain how Judge Curry arrived at his conclusion that Brendan Sorsby had done something that merited punishment but that his punishment (two-game suspension) had greater legal standing than the NCAA’s punishment (ineligibility). Nevertheless, that is the state of play as of this morning. The NCAA has filed an appeal of that injunction with the Court of Appeals for the 7th District in Amarillo, TX. Perhaps, this is where the Internet rumor about Judge Curry being a Texas Tech alum arises.
- There are four judges on the Court of Appeals for the 7th District.
- All four judges are graduates of the Texas Tech Law School.
[Aside: Question for the lawyers reading here … What happens if all four of these judges recuse themselves?]
A lot of people have drawn dire conclusions from where things stand now. Some have said that this is a death knell for college sports because if the NCAA – or any so-called governing body – – cannot enforce a rule so basic that “you cant bet on your own team in a game where you are on the roster”, then there are no rules that can possibly be enforced. Moreover, there will be skepticism about every call and every incomplete pass thrown by Brendan Sorsby from now until the end of time.
I sort of agree with the first part there; the no-betting on your own team or games seems to be a bedrock principle that this ruling destabilizes. I think the painting of Brendan Sorsby as a perennial ne’er-do-well is a tad overblown. As to Brendan Sorsby being the instrument of death for college football, I have two words for people who take that position:
- Art Schlichter
College football survived Art Schlichter and it will survive Brendan Sorsby. It was wounded in the “Schlichter Affair” and it will take a hit in the “Sorsby Miasma”, but college football is not doomed even if the NCAA loses this case in the courts as the NCAA is wont to do.
What is most surprising to me is that Texas Tech as an institution seems to have no problem with a situation which confers a degree of “outlaw status” on the university. In fact, the school issued a statement that painted Texas Tech in a light where it is acting as an instrument to save Brendan Sorsby from his addiction; I find that logic contorted but the school seems to be comfortable with it. Georgia and Nebraska have said they will not schedule any games in any sort with Texas Tech; there seems to be no end date to those declarations and the whole thing just gets smellier and smellier by the day.
I have another question for any lawyers reading here:
- The injunction comes from a Texas court not a Federal court.
- Does that injunction exist outside the State of Texas?
- If Texas Tech were to travel to Colorado for a game scheduled on October 3rd, could the Colorado authorities declare Sorsby ineligible for that game and make it stick?
One last bit of confusion here. According to one report I read, this matter needs to be finalized by June 22nd and the reason for that is that June 22nd is the latest date available to Brendan Sorsby to declare for the NFL Supplementary Draft. Why that is any sort of hard-and-fast deadline in this matter remains a mystery to me.
That’s all I got. If any of this was enlightening to you, I am more than mildly surprised.
Finally, I think Edward R. Murrow had a perfect closing thought for today:
“Anyone who isn’t confused really doesn’t understand the situation.”
But don’t get me wrong, I love sports………