Athletic Business Newswire - Blog: The Spirit of Christmas Bypasses Phil Martelli

Tuesday, December 27, 2011

Blog: The Spirit of Christmas Bypasses Phil Martelli

Attorney John T. Wolohan is a professor of sports law in the David B. Falk College of Sport and Human Dynamics at Syracuse University.

After all the bad press the NCAA and college athletics has received over the past year — recruiting scandals at Miami and Ohio State, sexual abuse scandals at Penn State and Syracuse — the last thing it needs is another black eye. However, it’s got one, courtesy of Saint Joseph's University men's basketball coach Phil Martelli.

Todd O’Brien, a former St. Joe's student-athlete who graduated last year, is trying to use the NCAA's waiver rule so that he can play basketball at the University of Alabama-Birmingham, where he is pursuing a graduate degree in public administration — a degree that is not offered at St. Joe's. St. Joe’s, however, has refused to grant him a release from his scholarship, a condition for the waiver to be granted, and the NCAA, on appeal, has refused to grant the waiver. O’Brien’s open plea to the university and the NCAA ran last week on SI.com.

A legal question: What the heck is going on here?

Are St. Joe’s and Martelli denying the requested waiver because the two schools play in the same conference? No — UAB is in Conference USA, while St. Joe's plays in the Atlantic 10. Is O’Brien a key member of the St. Joe's basketball team? Again, no — O'Brien averaged just 1 point and 1.3 rebounds in 7.2 minutes per game last season for St. Joe's, and Martelli reportedly told him he "didn't see him in the future in the program."

There is, seemingly, no legitimate reason for not releasing him. Martelli (and AD Don Dijulia) rebuffed repeated requests for comment by ESPN after the SI.com story broke. O'Brien's attorney, Donald Jackson, told ESPN.com that he talked with Martelli about O'Brien and was told by the coach that O’Brien “was the most disloyal player he has ever coached." For its part, St. Joe’s released the following statement to SI.com:

"Saint Joseph's University followed all applicable NCAA procedures and applied consistent internal practices in declining to support the requested transfer exception. Upon appeal, the NCAA legislative relief waiver team (initial decision) and the Division I Subcommittee for Legislative Relief (final decision) each reviewed the case and did not grant the requested waiver.

"Institutional policy and federal student records law prohibit Saint Joseph's from releasing additional or confidential information in this matter. As all eligibility determinations rest with the NCAA and not its member institutions, Saint Joseph's University has no further comment and considers the matter closed."

The only conclusion a reasonable person can reach is that St. Joe's and Martelli are denying the request as some punitive measure. If that’s the case, why hasn’t the NCAA done more? During the past year, the NCAA and its president Mark Emmert, have repeatedly claimed that they are working to protect athletes’ rights. With regard to O’Brien, the NCAA and St. Joe’s should do the right thing and allow the waiver.

Posted At 9:34 AM • Comments (5)

O'Brien had Martelli pay for 3 of this summer classes so he could graduate, but stay at SJU and continue to play basketball. Also. O'Brein was caught stealing laptops and Martelli covered for him whereas any other person would have gotten in considerable trouble. People need to see all the facts before they judge.

Comment By hawks At 12/27/2011 11:57 AM

Hey Hawks...you do realize that recklessly stating falsehoods, even seemingly anonymously on the internet could still open you up to a slander/libel suit. Unless, you have absolute and provable first hand knowledge of the situation, you need to keep your yap shut. Or you may be standing trial along with your beloved Frank Barrone clone coach.

Comment By Blazermonitor At 12/30/2011 6:00 PM

PHIL MARTELLI SPOKE AT ONE OUR FIRST BASKETBALL CAMPS FOR KIDS HERE IN TEXAS WHEN HE BROUGHT HIS ST. JOE'S TEAM HERE TO A TOURNAMENT. HE WAS DIRECT, AND TO THE POINT WITH THE CAMPERS ABOUT LIFE AND BASKETBALL AND I THOUGHT HE HAD A GREAT MESSAGE ABOUT JUST BEING A REAL PERSON AND THE MANY CAMPERS IN ATTENDANCE FELT THE SAME.

Comment By WAYNE THORNTON At 1/10/2012 12:19 PM

Martelli and his his enabler Don Dijulia are absolute disgraces and an embarrassment to St Josephs. Both need to be canned for perpetuating this entire charade that is keeping this true student athlete from playing the sport he loves.

Martelli is a pock mark on St Joseph. A vindictive, classless, and very petty man by all indications. In fact, Hawk's bogus claims about O'Brien is precisely the type of tripe that Martelli would fabricate out of thin air simply because his position is so outrageously indefensible. The irony is that if the myth that Martelli is spreading about having covered up O'Brien's crimes of stealing laptops were accepted at face value it only makes Martelli look worse for covering up the crimes of his players in order to protect the reputation of the program and himself from disrepute.

The FACT is that O'Brien was CLEARED of all wrongdoing and suspicion of being an accomplice while teammate Swilling was dismissed from the program.

And let's get one thing straight. It is not in Martelli's DNA to be charitable enough to pay for ANYONE's classes, much less a player who he didn't see in the future of the program. The UNIVERSITY paid for O'Brien's summer classes as part of his scholarship, the final 3 he needed to graduate. O'Brien has since offered to repay the University should that be the issue that's preventing his release. But that's obviously NOT the issue since they won't and is just being used as an EXCUSE.

Comment By Arias At 1/14/2012 5:35 AM

Thank you Mr O'Brien for these comments.

Comment By Not O'Brien At 12/27/2012 10:32 AM

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