NCAA requests new judge in Todd McNair case – again
The NCAA filed a motion this week requesting to remove a judge from the defamation lawsuit by former USC running backs coach Todd McNair.
One reason for the motion? The judge went to USC.
According to the Los Angeles Times, the NCAA wrote that the “public perceives potential judicial bias” because of Judge Frederick Shaller’s alma mater. The NCAA also referenced anonymous message board posts, blog posts, blog comment sections and news stories – mainly relating to the NCAA’s decision to sanction USC in 2010 – in the motion.
“While it is unlikely the NCAA can ever receive a fair trial – just miles from USC where students and alumni publish vitriolic, hateful messages about the NCAA with each case development – the court should guard against any public perception of bias arising from a trial judge’s ties to USC,” the motion said.
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In this week’s filing, the NCAA cited years-old news stories about the case in addition to anonymous postings on message boards and comments below stories.
“Strong hatred of the NCAA for sanctioning USC permeates social media posts,” the motion said.
It added that “even mainstream media has vilified the NCAA,” citing a 2012 column about the penalties in the New York Times by Joe Nocera headlined “The Next Tobacco?” The motion cited two blog posts from 2012 and the comments below them as evidence that “the public, too, has observed that Judge Shaller is a USC graduate and suggested potential bias.”
McNair first sued the NCAA in June 2011 after he was penalized as a result of the investigation into former USC running back Reggie Bush. The (former) Heisman winner was found to have received extra benefits, and McNair was given a show-cause penalty. With a show-cause penalty, McNair could not contact recruits for a year and USC later opted not to renew his contract.
The lawsuit has not painted the NCAA in a positive light. The organization first attempted to have the lawsuit dismissed in 2012, but Shaller rejected the motion, citing emails between members of the NCAA’s Committee on Infractions. Documents, including those emails, were unsealed in 2015 and showed vitriol toward McNair and USC. One official described McNair as a “lying, morally bankrupt criminal.”
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The NCAA has filed multiple appeals in the case. Most recently in March, the California Supreme Court denied an appeal which called for a review of an appellate court’s ruling in the lawsuit. The Court’s decision allowed the case to proceed in Los Angeles Court.
A subsequent hearing in the case is scheduled for June.
The NCAA made a previous attempt to remove Shaller from the case, first failing to do so in March.
For more USC news, visit TrojanSports.com.
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Sam Cooper is a writer for the Yahoo Sports blogs. Have a tip? Email him or follow him on Twitter!
