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Opinion

How Rose and U of M Ran out the Clock

Derrick Rose and the University of Memphis employed a similar strategy when confronted with allegations of cheating by the NCAA: We can’t be blamed and held responsible for what we say we don’t know.

The shenanigans will come to an end on Saturday in a hearing behind closed doors in Indianapolis. It will be a long day for university officials who made a risky bet on a risky star athlete and will now see their excuses scrutinized by experienced examiners who, unlike the testing service’s forensic document examiner that the U of M tries to discredit in its report, will be able to bite back.

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News

Strickland Proposes Moving MSARC to the County

After Mayor Herenton’s update on MSARC to the City Council’s executive committee, council member Jim Strickland proposed moving the Memphis Sexual Assault Resource Center to Shelby County government.

“It’s a regional service, so it makes more sense as a county organization, just like the health department,” he said.

The proposal was later held for two weeks, but Strickland says he will propose de-funding MSARC at tomorrow night’s City Council budget hearing.

If approved, such a move would skirt the mayor’s authority over the center and give the County Commission a chance to pick it up, if it so desires.

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Politics Politics Beat Blog

Mulroy Confident Anti-Discrimination Resolution Will Hold Up in Court

dab2/1243972114-steve_mulroy2.jpgBoth during and after Monday’s meeting of the Shelby County Commission, questions were raised about the legal impact of the anti-discrimination resolution passed, 9-4, by the commission. Commissioner Steve Mulroy, who authored an anti-discrimination ordinance of his own before yielding to a substitute resolution from colleague Sidney Chism, maintains stoutly that the resolution provides substantial protection for gays, lesbians, and transgendered persons who may choose to litigate on the basis of it.

Following is a statement from Mulroy on the issue, dispatched to a reporter at another publication who had raised questions and forwarded also to the Flyer.

I don’t think it’s correct to say that because the item is a Resolution and not an Ordinance that “it can’t be used in court.”

If an employee claiming discrimination (wrongful termination, for example) takes her case to the Civil Service Appeals Board and fails to get relief, she can file a Chancery Court suit. In that suit, she would rely on the Resolution and claim that the County violated its own stated, binding policy, and that because of that the Court should order reinstatement.

As a technical matter, she may be relying on the general obligation in Chancery Court for the county not to act “arbitrary or capricious,” with the Resolution serving as evidence of that, rather than filing directly to enforce an Ordinance in General Sessions Court. But the distinction seems somewhat technical to me—in either case, the employee is relying on the Ordinance/Resolution in court, and it gives the employee the ability to get a court to issue an injunction against the County.

This was my understanding when I agreed to the substitute language. I just double-checked this with County Atty Brian Kuhn today to make sure I had it right before I presumed to quibble with you.

I hope that clears things up more than muddies things.

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summer wines

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News

Mayor Says MSARC Will Stay in City

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News

U of M To NCAA: Rose Denied Faking SAT

John Branston looked over the University of Memphis’ 63-page “Response to NCAA Notice of Allegations” and reports on what he read.

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Opinion

Inquiry in Indy

Opposing players weren’t the only ones who had trouble trapping basketball star Derrick Rose during the 2008 season.
While the University of Memphis was in the midst of its run to the NCAA Finals, the Educational Testing Service was sending letters to Rose to try to clear up questions about his entrance exams.

The test police, and the letters, never caught up to Rose, and it was a month after the tournament that the university learned that Rose’s SAT score had been invalidated due to suspicions that someone else took the test for him.
So in the off-court equivalent of the biggest game of the season, the University of Memphis will tell the NCAA on Saturday that it could not have known that Rose was ineligible in the 2007-2008 season and therefore should not be penalized.

“Certainly, the University of Memphis should not suffer a financial penalty or vacation of records for the 2008 NCAA tournament as a result of this allegation,” the university says in records it released to the media Tuesday morning.
The Inquiry in Indy will include President Shirley Raines, Athletic Director R. C. Johnson, legal counsel, and – via teleconference – former heard coach John Calipari. Rose and current head coach Josh Pastner will not attend. A decision could take eight more weeks.

The 63-page “Response to NCAA Notice of Allegations” doesn’t clear up the mystery of Rose and the SAT entrance exam. There were rumors about Rose getting someone to take his ACT or SAT test in 2007, but the unnamed female accuser changed her story. Another rumor that Rose got a grade changed in one course was also investigated by the Chicago schools and the University of Memphis but was deemed irrelevant to his admission.
Rose took both the ACT and the SAT more than once, suggesting he needed to improve his score. His mother would not even tell him what his scores were after he took the test, but would only say whether he passed it or needed to take it again. The NCAA, relying on a forensic document examiner as well as allegations, concluded that Rose probably did not take his own SAT, but the university did not know that while Rose was playing ball.
Rose, according to the report, said he did take his own tests when he was asked about that before the 2008 NCAA tournament, but he “has declined to participate further in the investigation of his ineligibility.” He now plays for the Chicago Bulls of the NBA.

The university interviewed Rose about possible grade changes and test fakery in 2007 after the rumors surfaced. The basketball coaches didn’t know when he took the tests or what his scores were. The scores are blacked out in the exhibits attached to the report.

The bottom line:

“The University does not have sufficient information to conclude that (redacted) engaged in unethical conduct in regard to (redacted) taking of the SAT. Specifically, the university has no knowledge that (Rose) did not complete the SAT. Accordingly, the University does not know whether the information included in the allegation is substantially correct and is unable to conclude whether a violation of the cited NCAA regulations has occurred.”

The university got a notice of allegations on January 16, 2009, but did not disclose it until a reporter forced it to last week.

In a post on the university’s website, Lipman addressed that.

“Although we knew the gist of what was to be contained in the notice of allegations, we had not seen the actual document and the specifics of what was alleged. Once we received the notice, we had approximately 90 days to respond, based on a review of all the evidence.

“If we had released the notice in January of 2009, as suggested by some, we could not have “gotten out in front of the issue” by answering everyone’s questions because we were still engaged in our review, our follow-up on certain aspects of the allegations, and our drafting of a response.

“Even today, the University is crippled in its ability to respond to questions about these issues. We appear before the Committee on Infractions on Saturday, June 6. That Committee is charged with the responsibility to adjudicate this matter, and to pre-judge how they will view things is inappropriate and presumptuous. The Committee has the right and the power to act as they see fit, without the University “trying the case” in the court of public opinion.”

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News

Mayor Says MSARC will Stay with City

Mayor Willie Herenton went before the City Council’s executive committee today to update them about the Memphis Sexual Assault Resource Center.

He told them he would not turn MSARC over to county government and that MSARC was still a national model.

Selected remarks from his comments after the jump.

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News

Bianca Knows Best

and helps out a very unlucky tenant.

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Opinion

Bianca Knows Best … And Helps an Unlucky Tenant

Dear Bianca,

My apartment building was recently taken over my a small property management company, and they refuse to take care of black mold, a broken AC, and a huge gaping hole in my ceiling (which leaks filthy water onto my carpet).

I’ve lived in the same place for three years and all was well until a couple of months ago. That’s when one of the neighbor’s pipes busted, causing my ceiling to break open and water to drip onto my floor. I have a bucket under the hole to catch the water, but I’ve noticed a thick black mold forming on the ceiling where the hole was.

I’ve placed numerous service calls with the management company, and they always tell me they’ll send someone by to correct the situation. But after 12 phone calls over the past month, no one has shown up. Should I just move out and break my lease?

— Moldy Tenant

Dear Moldy,

Gross, gross, gross! I’m sorry you have to live in such deplorable conditions. I’m sure you already know this, but black mold can be toxic!

Instead of contacting me for advice, you need to give the Shelby County Health Department and maybe even the city code enforcement office a call, pronto! Black mold can cause allergic reactions, headaches, decreased attention span, dizziness, and even damage to the respiratory and nervous systems.

You’d think your management would rather avoid a possible lawsuit by taking care of this quickly, but some slumlords just don’t care. For legal purposes, I’d suggest sending the company a letter alerting them of the problem and your subsequent attempts to contact them. Make a copy for your records as well.

You’ll also want to take pictures of the hole in the ceiling and the mold surrounding it as proof that you have a problem. Send copies to the health department and the code enforcement office.

As for your lease, you should contact an attorney for further advice. If you manage to break free of the lease, check on the next company you rent from with the Better Business Bureau before signing a lease.

Got a problem? E-mail Bianca at bphillips@memphisflyer.com.