Will the appeal work for Ben Mauk?

[SeeinRed]

We are getting really close to a decision on Mauk's second attempt for a sixth year. I was just wondering how the folks on RedsZone felt about it. Do you think he will get the extra year? This is from Bill Koch's blog yesterday:

No Mauk ruling expected today




There was a feeling around UC yesterday that the NCAA would make a decision on Ben Mauk's status today. But apparently that's not going to happen. I just talked to Mike Harris in the SID office and he said that no resolution is expected today, after all, but that one is expected within the next 48 hours. Is it a good sign for UC that the NCAA is still analyzing the situation instead of merely rejecting Mauk? Perhaps. This must be nerve-wracking for Mauk and his family and, of course, for Brian Kelly, who understands better than anyone what Mauk's presence could mean for his team in the fall. If Mauk can play, it could mean the difference between UC being a Top 25 preseason pick and not being ranked at all.

I still believe Jones might be better suited for the spread, but he is still an unknown. Some people would rather have the proven QB. I'm still leaning toward Jones, but there are a lot more things that are worse than having Mauk for another year at QB.

FWIW, I don't think he will get the extra year because he didn't make the recent information available in the first request.

[Chip R]

I don't think he will either.

[SeeinRed]

Also, FWIW I worked with a UC football player for a few months. He told me that BK fully expects Mauk back because if he doesn't win the appeal he will file suit against the NCAA. The thinking is the NCAA would rather avoid the suit and let him play the sixth year. Take that at face value because I don't think he would ever file suit against the NCAA, and if he did I don't know that he would have a leg to stand on. We'll see how it works out, but that is what I was told by the player.

[SeeinRed]

Ben Mauk was denied again. From Josh Katzowitz:

MAUK IS DENIED - again (UPDATE 1:45 p.m.) Reply

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But the saga is not over yet. From UC:
University of Cincinnati quarterback Ben Mauk had his request for reconsideration on his original waiver for a sixth year of eligibility denied by the NCAA, head football coach Brian Kelly announced today.
The request for reconsideration was based on new information submitted regarding a foot injury he suffered at the beginning of his high school career. Prior to enrolling at Wake Forest University, Mauk required an additional operation on the foot in the spring of 2003.

The NCAA’s decision to deny the appeal was based a lack of contemporaneous medical documents from Wake Forest.

The Mauk family will continue to work with Ben’s former college coaches and Wake Forest University medical staff members to collect the needed information.

"This is just another step through the NCAA process and is nothing out of the ordinary," said Kelly. "The Mauks will continue to work through it. The next step in the NCAA process will give Ben his first opportunity to speak directly with the Student-Athlete Reinstatement Committee."

The Student-Athlete Reinstatement Committee is a panel of athletics directors, faculty representatives, and conference commissioners who has the authority to determine all matters pertaining to the policies and procedures for the reinstatement of eligibility for a student-athlete. The committee will need a two-third majority vote to reinstate Mauk’s eligibility.

Under NCAA rules, the UC Athletics Compliance Office will act as the conduit between the Mauks and the committee. Cincinnati has already submitted the appeal, which will be heard by the Reinstatement Committee, and expects the timetable for the response to be expedited.

UPDATE (1:45 p.m.)

We're supposed to be meeting with Ben about 3 p.m., so in the meantime, I rung up his father, Mike. Here's some of what he had to say.

"Disappointed, but not necessarily surprised," he said. "It's the next step in the process. They've received the documents we've provided for them. At the same time, I still think there's more to be seen. That's why you go through the next step in the process. We'll look at that and continue to pursue it. He's played three years, and we're hoping he can get that fourth year."

Through it all, though, the Mauks remain optimistic.

"Ben's faith has a lot to do with it," Mike Mauk said. "If it doesn't work out, there will be other things that will work out. We're disappointed, but we still feel things will work out for the best."

[Chip R]

I think Ben needs to put this behind him.

[rotnoid]

Originally Posted by Chip R

I think Ben needs to put this behind him.

Agreed. I've heard interviews with him and it sounds like Ben has though. He truly sounds like he's willing to accept either decision. I wonder how much of this is him, and how much is UC.

[Caveat Emperor]

Originally Posted by Chip R

I think Ben needs to put this behind him.

Seriously? Mauk has a chance to come back and quarterback a team with a decent shot at playing in a BCS Bowl. Why not exhaust your options and see if you can come back? For a player like Mauk (virtually no shot of ever playing football professionally), there's no harm in taking one more chance.

Its not like he's deliberately attempting to game the system or anything.

[SeeinRed]

Originally Posted by Caveat Emperor

Seriously? Mauk has a chance to come back and quarterback a team with a decent shot at playing in a BCS Bowl. Why not exhaust your options and see if you can come back? For a player like Mauk (virtually no shot of ever playing football professionally), there's no harm in taking one more chance.

Its not like he's deliberately attempting to game the system or anything.

I agree, but mostly because they have told him where his appeal is lacking. He needs more paperwork from Wake Forest evidently. If they would have said they denied him because they count his freshman redshirt as voluntary, thats fine, but they just said he didn't have enough evidence. If he can produce more, why not try. I still don't think he gets the extra year, but there appears to be more of a chance than I thought. Maybe I'm just reading that wrong though.

[SeeinRed]

From Josh Katzowitz at Bearcatlair.com:

OK, not much new is going on, but I got a text message this morning from BK explaining what should happen with Ben Mauk and his NCAA case in the upcoming weeks.

According to BK, UC is close to submitting the final appeal to the NCAA, which will then have 72 hours to review the paperwork. Then, on Tuesdays and Thursdays, the Student Athlete Reinstatement Committee meets via teleconference. The NCAA gets 10 minutes to present its case, UC gets 10 minutes and Mauk gets his 10 minutes.

The committee then can ask questions to all involved parties.

Then, according to BK, there's an immediate decision. What Maggie McKinley explained to me a couple weeks ago is that everybody except the committee members hang up on the conference call. Then, the members discuss the case and come up with the decision.

So, do you think Mauk, on his third try, will receive the good news he hopes to get? I'd say - and this is purely a guess, because I really don't have any idea - it's 75-25 the NCAA won't give him the extra year.

I don't see it happening, and even still think Jones might be a better QB for the spread offense. I don't know how much I buy into Mauk making this team better because he is familiar with the system. He is a good QB, don't get me wrong, but Jones' pure athletic ability should make up for any of the problems learning a new system should bring. He has been practicing with the team for some time now I believe. It may be a draw either way if you buy into Mauk's "intangables." The spread is more about a mobile quarterback than a pocket passer after all. Mauk ran some, but is nowhere near Jones in that respect.

Am I the only one who thinks the growth of the team may be some what slowed if Mauk comes back at QB next year? Don't get me wrong, part of me would love to have Mauk back, but maybe he is better served on the sideline than at QB next year. Or maybe he can be a great QB after being another year removed form his serious injury.

I just don't know, but looking only at the type of QB you would want in a spread offense, Jones would be my pick. Thats assuming he is healty enough to compete at a high level which may be an issue. Mauk to me is more of a pocket passer. Thats just my opinion, and I could be wrong

[SeeinRed]

Well, its been a while since his last appeal failed, and there is suppose to be another chance for him to plead his case in front of a commitee, however when that is going to take place seems to be the million dollar question. It almost seems like a dead subject. I have a few thoughts.

1. I would think it would be better for both the NCAA and UC if a decision would come down sooner rather than later. From what I understand from a source of mine is that Ben will probably pursue legal action if turned down once again. I don't know what goes into that, or what kind of case he would have, but the thinking is that the NCAA will settle before it goes to court and let him play. I don't know where that thought comes from, but my source seemed to act like both Mauk and BK thought that would be the case. That leads me to my next thought.

2. Could UC be trying to keep this thing under wraps? Maybe they are trying to keep any news of legal action away from the University. I don't know why that would be the case, but it sure has gotten quiet. True, its the middle of the offseason, but this could be big news for the Bearcats. I would think that someone would be asking some questions. They just might not be getting any answers. I would have to believe that by now BK and Mike Thomas have a better idea of what is happening with the case.

Maybe I'm the only one who is that interested in this though. I don't find #2 likely if for no other reason than I can't think of any reason for UC to quiet the news.

[paintmered]

Games start in six weeks. There's not much time left for Mauk and UC. It's nearly to the point where Kelly needs to press on without Ben Mauk. As great as it would be for Mauk to get a sixth season, I don't want to see this become a distraction when the team departs for Camp Higher Ground.

[SeeinRed]

Well, I guess there was some validity to what I was told about Mauk filing a law suit against the NCAA. From Bill Koch's blog:

I'm still waiting to hear back from Mauk's lawyer, but here's what appears to be the legal crux of his request for an injunction, from the request submitted in court.
"The NCAA denied Mr. Mauk's request even though a virtually identical request was recently granted to another student-athlete. In denying Mr. Mauk's request, the NCAA held Mr. Mauk responsible for the lack of information contained in his medical files while at Wake Forest University, even though Mr. Mauk had no control over those files. In the absence of those records, the NCAA failed to fully consider other relevant, contemporaneous medical evidence of Mr. Mauk's injury. The NCAA also made its decision without affording Mr. Mauk the opportunity for an oral hearing, an opportunity provided for in the NCAA's regulations. The NCAA's actions are breeches of its contractual and fiduciary duties it owes Mr. Mauk. Its application of its rules to Mr. Mauk is arbritray and capricious."

I doubt there is any chance of him winning, but there seems to be a belief that the NCAA will settle out of court from somewhere. That was what the whole reasoning for him doing it was reported to be in the first place, and I did hear that from someone very closely related to the football team last year. Suprising, and even though BK is acting like its not possible, I have to believe he is fronting so the NCAA doesn't get get the idea that he is behind this decision. I think there is more to the story than what we see on the surface as far as BK is concerned. I tend to think the NCAA will drag this out to oust any hopes of Mauk playing this year, which might lend some validity to the belief that they drug out the appeal process longer than it should have been intentionally.

[LoganBuck]

Mr Mauk, some people go to college for seven years, they are called Doctors.

[The Cowboy]

All i can say about it is i live in the same town that Grutza does and i talked to him and he is about as motivated as any person ive ever talked to..

[IslandRed]

I haven't followed this closely, so I'll just speak to the general principles.

If I was on the NCAA committee, since there is already a built-in extra year (five to play four), I'd hand out a sixth only in the most extreme of circumstances. Knowing that the vast majority of true freshmen redshirt anyway, I'd be disinclined to give that year back unless I was convinced that (1) he missed the season *solely* due to injury and (2) he would have seen significant playing time if not for being hurt. Based on some quick reading from 2003 season previews and recaps and such, Mauk was expected to redshirt even before he was injured, and Wake's projected starter and top backup stayed healthy. So it would be difficult to convince me that Mauk's injuries (even if legit) cost him playing time of consequence, enough to justify handing out a sixth-year exception.