Auburn and Cam Newton: The NCAA, College Football, Pay-To-Play and The SEC

By now, the only people unaware of that Cam Newton was declared ineligible by the NCAA and almost immediately reinstated are aboriginal tribes in Australia lacking access to radios or the Internet. Like every other aspect of this scandal, the NCAA actions have prompted a great deal of discussion.  So what does it really mean?

What We Know

To begin with, the affair is not yet over.  The NCAA investigation by the Enforcement Committee continues to drag on.  Until their final report is released, no one will really know much about their findings or the implications to college athletics.

We also know that Cecil Newton and another person, as yet unnamed, were evidently involved in negotiations for a pay-to-play scheme of some sort that constituted a violation of NCAA rules.

The NCAA has also made it clear that based on the current evidence gathered in the course of their investigation, neither Cam Newton nor Auburn were aware or had any reason to be aware that Cecil Newton and the unnamed third party were engaged in serious discussions in matters prohibited by NCAA bylaws.

Auburn was deemed to be unaware that Cecil Newton or anyone else associated with the Newton family was engaged in soliciting payment for commitment. This indicates the NCAA has found no evidence (to date) linking payments by Auburn or one of its boosters to Cam Newton or Cecil Newton.

Yet despite the apparent finding that a violation has indeed been committed by Cecil Newton and the unnamed person somehow affiliated with Mississippi State University, the NCAA has seen fit to reinstate Cam Newton’s eligibility without conditions.

What We Don’t Know

One key thing we don’t know is what led to the finding that a violation occurred.  Presumably Cecil Newton confessed to investigators and his cooperation may have mitigated the NCAA findings.

We don’t know if the ongoing NCAA investigation is finished with Auburn, nor do we know if the emphasis has shifted to Mississippi State now that the NCAA ruled that neither Cameron Newton nor Auburn had any knowledge of evidence that would suggest to the reasonable mind that a pay-for-play negotiation was being arranged.

And of course, we have no idea if the investigation will turn up new evidence as stones are turned over and shadows illuminated.  Nor do we know what, if any, relationship the FBI investigation had to the Cam Newton saga. 

Speculation as to What Happened

All along, the question was whether an infraction occurred at all and whether such a violation involving a school other than Auburn would result in Cam Newton being ruled ineligible to play for the Tigers .  By extension, a finding that Newton had been ineligible all season could have forced Auburn to forfeit all games in which their junior college transfer quarterback had played.  

As things stand, it appears that the first question can be answered affirmatively but such an answer does not mean Newton is automatically ineligible at Auburn (and perhaps anywhere else) thus effectively responding to the second question.

Not that I have any inside track to the NCAA's thought process, but it seems difficult to imagine the NCAA reinstating Newton’s eligibility if they thought there was more to the story or that the infraction potentially warranted a declaration of ineligibility involving Auburn University. 

It is certain that the NCAA dislikes Cecil Newton’s behavior but their by-laws coupled with the evident lack of any sign that money changed hands may have left the NCAA with little choice but to confirm Newton’s eligibility while decrying the actions of his father and others.  With no money to pay back and all publicly known infractions occurring with a university other than the one Cam Newton decided to attend, the NCAA probably felt they could not justly penalize Auburn University.  

Further, it appears the NCAA found no evidence suggesting Cam Newton was aware of his father’s activities, making it difficult to rationalize punishing the son for things beyond his control while attending a university other than the one at the center of the pay-for -play scheme.

Having found no dirt on Auburn University or Cam Newton, the NCAA seems to have felt that their only recourse was not to declare Newton ineligible, thereby punishing innocent parties for activities by third parties at other universities. 

Unlike the public at large, the NCAA realizes that punishments must fit the crime and in the case of Cam Newton and Auburn, the lack of evidence implicating them in a crime or NCAA violation made taking punitive actions against Auburn or their star quarterback a risky undertaking with profound legal ramifications.

No reasonable person should be surprised at the actions taken by the NCAA, even with the official finding of rules violations.  There was always a question of whether Newton’s eligibility at Auburn University would be negatively impacted by findings involving another school.  Solicitation of improper payments may indeed be a violation of the rules, but the penalty is not automatic ineligibility against playing for any team.

Where We Go from Here

The investigation goes on and may for some time.  New allegations against Newton or Auburn University may still surface, although the nature of the NCAA response to matters suggest that is unlikely. 

It is also important to note that the NCAA expressly ruled that Auburn University had no compelling reason to suspect Newton was ineligible before November 30, when it was notified by the NCAA of a violation.   

Unless evidence is uncovered that Auburn either paid Newton to come to their school or offered to do so, it is unlikely that new revelations will jeopardize the Tigers with renewed threats of forfeitures or worse, sanctions.  The NCAA has determined that Auburn has no reason to fear Newton is ineligible, thus playing him should not be taken as misconduct by Auburn University.  I think that will be true even if something new comes along, so long as the school itself or its boosters are not implicated.

The loophole this ruling will open won’t last long.  Rest assured the NCAA and the SEC will slam the door shut so this peculiar situation does not arise again.  Accordingly, those wringing their hands about the horrible precedent this sets can save their energy for something more useful.  This finding by the NCAA in no ways sets a real precedent other than demonstrating that the NCAA does not operate merely by innuendo and speculation.

Conclusion

In many ways, the whole thing leaves a bad taste in the mouths of sports fans everywhere.   Some people will never come to grips with the NCAA findings, preferring to bask in conspiratorial speculation of backroom deals and suitcases of cash.  Even if nothing else is ever discovered, Auburn’s incredible season will forever be tarnished in the eyes of many and that is a shame because it is so undeserved.

I confess that I was hoping Cecil Newton was being set up by someone else (I know…conspiracy theories…) but it is clear Cam’s father is a man of questionable ethics and poor judgment.  That a father could stoop to shopping his child like that defies acceptable morality and made worse by his profession.  It is unfortunate that there is no real way to punish Cecil Newton without harming his son and Auburn University, who have been cleared so far of any wrong doing.

There is no evidence that Auburn is in the crosshairs of the NCAA and considerable reasons to conclude they are not.  That leaves MSU at the center of the storm, given their affiliations with Bell and Rogers.  Will anything come of it?  It is anyone’s guess.

The only thing we know for certain is that when the SEC championship game kicks off on Saturday, Cam Newton will be taking the snaps for the Auburn Tigers. For the first time in a month, the questions as to his eligibility and Auburn’s 12-0 record have been laid to rest.