Tressel hires former NCAA Committee on Infractions chair as lawyer
Jim Tressel has retained the services of Gene Marsh, a former chairman for the NCAA Committee on Infractions. Marsh will represent Tressel at the NCAA hearing on August 12th, where Tressel will defend himself against allegations brought forth by the NCAA.
Coincidentally, Doug Lesmerises of the Plain Dealer contacted Marsh six weeks ago, before he was representing Tressel, and questioned him on the specifics of the case.
Six weeks ago, Marsh, in his role as an expert on compliance issues, told The Plain Dealer in an interview that he believed Tressel had a chance to survive these NCAA sanctions because of his past record as a coach and in the community. He also believed the underlying violation that Tressel covered up, players selling memorabilia, wasn't as severe as the violations in some other NCAA cases.
Marsh has been working on the case for several weeks now, and his familiarity with the process makes him a wise hire for Tressel. From 2004-2006 Marsh chaired the Committee on Infractions, and in total he worked for the group for nine years before leaving to work in the private sector. Marsh is a 1978 graduate of Ohio State but does not appear to be a big Buckeye football fan. He did not know Tressel prior to being hired, and he has only attended one Ohio State football game in the past 25 years.
It's interesting to note that Tressel is acquiring separate representation from the university's. Ohio State has hired Chuck Smrt, another lawyer with NCAA experience, to represent them at the hearing.
Chuck was employed by the NCAA Enforcement Staff for over 17 years. He was responsible for the overall coordination of the major infractions process while at the NCAA. While in that position, he was involved in the decision-making process, including examining case precedent to determine whether the case was secondary or major and whether allegations of institutional control and unethical conduct should be filed. He also drafted many of the enforcement procedures and assisted in their interpretation.
It was crucial that both Tressel and Ohio State acquire legal representation with NCAA experience. An NCAA hearing is unique from the legal system, and their various codes, bylaws, and precedents require a level of expertise that you cannot expect from normal litigation.
Ohio State must send its official response to the NCAA "notice of allegations" by June 5th before continuing preparations for the official hearing on August 12th. There is quite a bit of time before this saga will be complete, but acquiring proper representation was an important step in the process.
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Doesn't the school pay?
Usually, I think the school pays for the coach’s counsel. I’m thinking that’s not the case here, what with the 250k fine and all…

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