Will Grier loses appeal

LagoonGator68

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5. The NCAA does not restrict the grounds for an appeal, but an institution bringing an appeal must comply with the requirements set forth in Section 8.0. Appeal considerations are outlined below:
a. Procedural Challenge: Either the institution or student-athlete may challenge any procedure relating to the collection or testing of the subject samples. If the institution or student-athlete proves it is more likely than not that any substantiated problem with the collection or testing procedures materially affectsa sample's integrity, the drug-test appeal subcommittee may find that no doping violation has occurred.
b. Knowledge Challenge: The student-athlete is responsible for all substances consumed. However:
i. If the institution or the student-athlete demonstrates that the student-athlete was not aware they had been administered (defined as placed into the student-athlete’s system directly or through food or drink) a substance by another person that later is found to have contained a banned ingredient, then the drug-test appeal committee may determine that no violation has occurred. In this situation, the student-athlete must show that he or she both did not know and could not reasonably have known or suspected (even with the exercise of utmost caution) that he or she had been administered by a third party a substance that is later found to have contained a banned ingredient. or
ii. If the institution or the student-athlete demonstrates that the student-athlete asked specific and reasonable questions about a particular substance, medication or product of the appropriate athletics administrator and the athletics administrator assured the inquiring student-athlete that the substance does not contain a banned ingredient, then the drug-test appeal committee may determine that no violation has occurred. In this situation, the student-athlete must show that he or she both did not know and could not reasonably could have known or suspected (even with the exercise of utmost caution) that the information provided by staff was erroneous. IN the case where the substance, medication or product reviewed and approved for use by the institution does contain a banned substance, this may result in an institutional violation.
 

alcoholica

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I think he's got as good of a chance as he could given the circumstances. He has provided zero detail and kept his mouth shut except for his vague apology. He now has a firm that is known for finding technicalities on his side. I think they are doing exactly what Threat Matrix is saying. Using intimidation and pressure to get the NCAA to settle the issue. Otherwise they wouldn't be seeking a partial reduction.
 

LagoonGator68

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I'm trying to break it down into smaller pieces for you.
 

Captain Sasquatch

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I'd like to think that if whatever the banned substance was wasn't listed in the ingredients of the supplement he took, he'd have a pretty good shot of getting the suspension shortened.
 

LagoonGator68

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Captain Sasquatch;n308095 said:
I'd like to think that if whatever the banned substance was wasn't listed in the ingredients of the supplement he took, he'd have a pretty good shot of getting the suspension shortened.


c. Reduction of Penalty Based on Mitigating Factors: The following will not be considered mitigating factors in a drug test appeal: the type or amount of banned substance detected through the drug test; evidence of the student-athlete’s good character; the degree of remorse demonstrated by the student-athlete; family hardship or history of family dysfunction; and the degree to which the banned substance may or may not affect athletic performance.
 

Captain Sasquatch

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LagoonGator68;n308103 said:
c. Reduction of Penalty Based on Mitigating Factors: The following will not be considered mitigating factors in a drug test appeal: the type or amount of banned substance detected through the drug test; evidence of the student-athlete’s good character; the degree of remorse demonstrated by the student-athlete; family hardship or history of family dysfunction; and the degree to which the banned substance may or may not affect athletic performance.

Yeah absolutely none of that covers what I said.
 

Zambo

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I can imagine all kinds of things that would be grounds for appeal.

An irregularity in the collection of the sample, the handling of the sample, or the testing of the sample.
An irregularity with labeling the substance, or having the ingredients of a regularly used substance changed without notification.
Outdated materials, presentations or other content containing lists of banned substances issued.
And the list goes on.

I wouldn't consider Grier's quick, awkward apology some sort of testimony. Whatever happened in all likelihood could be a lot more complicated than that he just took some powder drink he wasn't supposed to take. Perhaps, almost certainly, he was stupid about it but that doesn't mean it was a simple matter. I doubt that the press conference we all saw was the time or place to start rambling about an alibi. It was more like a quick admission of stupidity that let the team down.

In any event, NONE of us know the extent of what went on. Those trying to convince themselves or others that they know all the details are talking out their asses.
 

LagoonGator68

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Captain Sasquatch;n308105 said:
Yeah absolutely none of that covers what I said.

Many dietary supplement products are contami- nated with banned drugs not listed on the label.
• Any prod
 

LagoonGator68

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page2image264
 

LagoonGator68

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Captain Sasquatch;n308105 said:
Yeah absolutely none of that covers what I said.


Dietary supplements, including vitamins and minerals, are not well regulated and may cause a positive drug test result.
• Student-athletes have tested positive and lost their eligibility using dietary supplements.
• Many dietary supplement products are contami- nated with banned drugs not listed on the label.
• Any product containing a dietary supplement ingredient is taken at your own r isk
 

Durty South Swamp

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This thread has gone completely down the :flush:


Sent from my iPhone using Tapatalk
 

NavetG8r

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Yeah, thanks goon. Why you gotta harsh our buzz man?
 

LagoonGator68

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NavetG8r;n308163 said:
Yeah, thanks goon. Why you gotta harsh our buzz man?


Just trying to tell the truth. NCAA has heard every wild excuse imaginable a thousand times.
 

LagoonGator68

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Political and P.R. pressure combined with potential monetary loss is the only thing that might even remotely have a chance to sway them.
 

alcoholica

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LagoonGator68;n308172 said:
Political and P.R. pressure combined with potential monetary loss is the only thing that might even remotely have a chance to sway them.

Yeah, I agree with that. Morgan & Morgan will definitely throw the lawsuit card on them during the appeal. It's really the only tactic that makes sense at this point.
 

oxrageous

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I fully expect the suspension to be reduced. Then perhaps we can get an apology out of Lagoon.
 

TN G8tr

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I agree that the suspension will be reduced, we'll see. The biggest issue now is when does M&M get in front of the NCAA. "For the People", "For the Gators".
 

Durty South Swamp

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I get the whole picking sides thing, some think itll be reduced, others dont; some are hopeful, others mad at grier, I get it. What I dont get is why some feel the need to incessantly beat those with a different view point over the head. Like it matters what any of us think on this board... Sorry guys, but the ncaa gives no f*cks what is decided on this board :lol:
 

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Durty South Swamp;n308278 said:
I get the whole picking sides thing, some think itll be reduced, others dont; some are hopeful, others mad at grier, I get it. What I dont get is why some feel the need to incessantly beat those with a different view point over the head. Like it matters what any of us think on this board... Sorry guys, but the ncaa gives no f*cks what is decided on this board :lol:

Well **** the NCAA then.
 

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