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Author Topic: Bullet dodged -ex-recruit related.  (Read 5640 times)

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The real Hogules

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Bullet dodged -ex-recruit related.
« on: March 13, 2018, 08:28:51 am »

BATON ROUGE, La. — LSU cornerback Kristian Fulton is in the process of appealing a 2-year NCAA suspension for tampering with a drug test sample.

The story was first reported by The Advocate’s Ross Dellenger.

Fulton, who sat out all of last season as part of the suspension, is attempting to get back onto the field this season. LSU appealed the ruling last spring, but was denied by the NCAA.

The Fulton family has turned to an Alabama-based lawyer, Don Jackson, to take up his case. Jackson specializes in sports-based cases and has frequently dealt with the NCAA regarding student-athlete eligibility issues.

“The NCAA suspending this young man for two full competitive seasons is unethical, and there are due process issues relative to the collection of the test specimen,” Jackson told The Advocate. “The decision in this case was ethically and legally incorrect. He’s suffered the most serious sanction I’ve ever seen for a student-athlete who failed a drug test.”

Per NCAA rules, a student-athlete faces a 730-day suspension from the date of the tampering. Article 3.4 of the NCAA Drug Testing Program Protocol states:

A student-athlete who is involved in a case of clearly observed tampering with an NCAA drug test sample, as documented by a drug-testing crew member, shall be charged with the loss of a minimum of two seasons of competition in all sports and shall remain ineligible for all regular-season and postseason competition during the time period ending two calendar years (730 days) from the date of the tampering.

Fulton was tested for the use of performance-enhancing drugs late in 2016 season.

Jackson spoke with SEC Country and provided further details about how he plans on winning the appeal, which in legal terms is a “request of consideration.”

“There are some procedural issues that were troubling. Procedural issues that were blatant,” Jackson said. “We determined the young man’s only approach was to pursue a reconsideration. A one-year suspension, though severe, is manageable. Two years in college sports is career-ending.”

NCAA institutions only have two business days to request an appeal after being notified of a student-athlete’s suspension. Jackson said that new information has come to light that LSU was unable to submit with its original appeal due to the short turnaround.

“Any time there is new evidence, it can be submitted in the form of a request of consideration,” Jackson said. “There are things in the [sample collection] protocol that are a little troubling that weren’t addressed the first time around and couldn’t have been, just based on how quickly universities are forced to submit appeals.”

Jackson won’t divulge all the specifics of his case, but did note that the phrase “clearly observed tampering” will be an element of Fulton’s defense.

“The problem in a lot of NCAA cases in any kind of quote ‘violation’ is the standard of proof may mean one thing in one case and something entirely different in another,” Jackson said. “Even though that’s one of the issues we’ll address, that’s not the entire basis.”

Based on previous experience, Jackson estimates the process to get Fulton eligible for the 2018 season will take anywhere from another 6 weeks to 3 months.

“Candidly, I would not anticipate it affecting the upcoming season,” Jackson said.

Fulton was at LSU’s first spring practice on Sunday, and spent much of last season working with the scout team. However, he is unable to travel with the team or be on the sideline for home games.

Fulton, a graduate of Archbishop Rummel in Metairie, La., was the top-rated recruit in LSU’s Class of 2016, which ranked second nationally. He has only played three games due to an injury his freshman year and his suspension.

Link -https://www.seccountry.com/lsu/lsu-kristian-fulton-appeal-ncaa-suspension
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010HogFan

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Re: Bullet dodged -ex-recruit related.
« Reply #1 on: March 13, 2018, 09:12:41 am »

what a doofus
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greenEGnHAWGS

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Re: Bullet dodged -ex-recruit related.
« Reply #2 on: March 13, 2018, 09:34:34 am »

2 years is career ending? Man...if only he had 2 more years...
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Hoggish1

Re: Bullet dodged -ex-recruit related.
« Reply #3 on: March 13, 2018, 10:26:07 am »

Would he have done that if he came here?  You got one ell of a crystal ball... LOL
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razorbacker3

Re: Bullet dodged -ex-recruit related.
« Reply #4 on: March 13, 2018, 10:29:37 am »

He knew what he was doing. He should suffer the penalty.
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kp72204

Re: Bullet dodged -ex-recruit related.
« Reply #5 on: March 13, 2018, 10:39:03 am »

Wow, I really wanted that kid. Should have just popped and let it be.
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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #6 on: March 13, 2018, 12:16:37 pm »

Damn, that is a ridiculously harsh penalty. 1 year is plenty. Hell, @ Mississippi State you can curb stomp a female and only miss a game. That is a crazy harsh penalty for a 17/18 year old to be hit with. Good luck to the kid.
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twistitup

Re: Bullet dodged -ex-recruit related.
« Reply #7 on: March 13, 2018, 12:17:06 pm »

....caught w a wizzinator
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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #8 on: March 13, 2018, 12:18:02 pm »

He knew what he was doing. He should suffer the penalty.
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hoggusamoungus

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Re: Bullet dodged -ex-recruit related.
« Reply #9 on: March 13, 2018, 01:32:06 pm »

Since suspended by the NCAA and ineligible to play, does he count against the 85 scholarship limit?
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Pork Ranger

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Re: Bullet dodged -ex-recruit related.
« Reply #10 on: March 13, 2018, 01:35:05 pm »

Since suspended by the NCAA and ineligible to play, does he count against the 85 scholarship limit?

My guess would be yes since he’s still attending the university for free
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12247

Re: Bullet dodged -ex-recruit related.
« Reply #11 on: March 13, 2018, 01:52:19 pm »

Folks we got zero real info here from either party or than 2 years suspension.  When, why, what is not known.  How can anyone make a serious decision based on the info we have here at Hogville?
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King Kong

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Re: Bullet dodged -ex-recruit related.
« Reply #12 on: March 13, 2018, 02:23:23 pm »

I’d still take him
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Dark Helmet Hog

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Re: Bullet dodged -ex-recruit related.
« Reply #13 on: March 13, 2018, 06:25:48 pm »

Hope the kid gets his life together.
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HeathWimp

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Re: Bullet dodged -ex-recruit related.
« Reply #14 on: March 13, 2018, 06:28:44 pm »

At first I thought this was going to be about Tim Dial.
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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #15 on: March 13, 2018, 06:31:51 pm »

Folks we got zero real info here from either party or than 2 years suspension.  When, why, what is not known.  How can anyone make a serious decision based on the info we have here at Hogville?
exactly. Other than my own two eyes never having seen or my own two ears never having heard of a TWO year suspension for anything from the ncaa overlords.
That Greer kid was loaded with steroids and he only got a year.
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King Kong

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Re: Bullet dodged -ex-recruit related.
« Reply #16 on: March 13, 2018, 06:37:55 pm »

exactly. Other than my own two eyes never having seen or my own two ears never having heard of a TWO year suspension for anything from the ncaa overlords.
That Greer kid was loaded with steroids and he only got a year.

Well he was suspended half a season and missed another year after he transferred. He was supposed to miss some games his first year at WV. However he won an appeal
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LZH

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Re: Bullet dodged -ex-recruit related.
« Reply #17 on: March 13, 2018, 06:58:44 pm »

I’d still take him

In a NY second.
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pigture perfect

Re: Bullet dodged -ex-recruit related.
« Reply #18 on: March 13, 2018, 07:25:45 pm »

I remember being disappointed when we didn’t get him.
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3kgthog

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Re: Bullet dodged -ex-recruit related.
« Reply #19 on: March 14, 2018, 12:07:41 am »

Damn, that is a ridiculously harsh penalty. 1 year is plenty. Hell, @ Mississippi State you can curb stomp a female and only miss a game. That is a crazy harsh penalty for a 17/18 year old to be hit with. Good luck to the kid.

It’s not harsh for tampering with a test. If he had simply failed a test, I might agree with you.
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Ched "UglyUncle" Carpenter

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Re: Bullet dodged -ex-recruit related.
« Reply #20 on: March 14, 2018, 12:42:30 am »

It’s not harsh for tampering with a test. If he had simply failed a test, I might agree with you.

In the real world, if you fail a drug test it is bad.  If you tamper with the test it is SERIOUSLY bad and takes your mess to another level.
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Jimbob111

Re: Bullet dodged -ex-recruit related.
« Reply #21 on: March 14, 2018, 02:26:26 am »

In the real world, if you fail a drug test it is bad.  If you tamper with the test it is SERIOUSLY bad and takes your mess to another level.

Exactly what I was thinking. In one case, you made a mistake. Maybe you took something that you didn't know was a banned substance, or maybe you smoked a little weed that is legal for recreational use in more and more states, but in the other case, a person takes a deliberate action to obscure/tamper with a test result showing that he had knowledge that he would fail the test and therefore, knowledge that he was taking a banned substance all along. It's covering up a failed test to cover up a deliberate action taken and speaks much louder than a mistake or youthful enjoyment of intoxicants. 

In my career, failing a drug test is bad but tampering with one can cost me my license to practice. That is truly career-ending. It's not just in college sports where it's a career-ending infraction. And there is a reason it usually is.
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hawgmasta

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Re: Bullet dodged -ex-recruit related.
« Reply #22 on: March 14, 2018, 07:45:08 am »

In the real world, if you fail a drug test it is bad.  If you tamper with the test it is SERIOUSLY bad and takes your mess to another level.

Exactly. And it looks like that's what his lawyer is going for; evidence that he maliciously did it and was observed. I think two years is pretty rough but it's the same where I work. There have been people popped with a random and admitted to my boss before they even took it that they recently smoked Mary Jane. About half of those guys ended up keeping their jobs.
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twistitup

Re: Bullet dodged -ex-recruit related.
« Reply #23 on: March 14, 2018, 11:58:13 am »

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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #24 on: March 14, 2018, 02:38:01 pm »

Well, drug tests are unconstitutional ANYWAY; I'll be surprised all these libertarians dont agree with me on that. The 5th amendment and all that.
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PorkRinds

Re: Bullet dodged -ex-recruit related.
« Reply #25 on: March 14, 2018, 02:41:37 pm »

Well, drug tests are unconstitutional ANYWAY; I'll be surprised all these libertarians dont agree with me on that. The 5th amendment and all that.

Mandatory ones, maybe.  His wasn’t mandatory. That said, the NCAA is a joke and 2 years is stupid.  I’d still take the kid. He’s a stud.
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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #26 on: March 14, 2018, 03:43:29 pm »

i mean, right? TWO YEARS? That's crazy. If this guy (a five star) ends up in the NFL, those 2 years might have cost him dozens of millions of dollars.
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wildhogman

Re: Bullet dodged -ex-recruit related.
« Reply #27 on: March 14, 2018, 07:10:38 pm »

i mean, right? TWO YEARS? That's crazy. If this guy (a five star) ends up in the NFL, those 2 years might have cost him dozens of millions of dollars.
Good. Maybe the next "5 star stud" wont be so quick to think he is above the law.  In the places I have worked you fail a drug test your history.  Maybe one day they will get over their obsession and legalize weed in all states as it is pretty much like drinking a beer.  But as of today it is not in all states.  Infact Being in construction I meet people from all over and was shocked to learn a company out of Colorado fired some employees for failing a drug test even though its legal.  I guess that's reality in the real world
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PorkRinds

Re: Bullet dodged -ex-recruit related.
« Reply #28 on: March 14, 2018, 07:17:30 pm »

Good. Maybe the next "5 star stud" wont be so quick to think he is above the law.  In the places I have worked you fail a drug test your history.  Maybe one day they will get over their obsession and legalize weed in all states as it is pretty much like drinking a beer.  But as of today it is not in all states.  Infact Being in construction I meet people from all over and was shocked to learn a company out of Colorado fired some employees for failing a drug test even though its legal.  I guess that's reality in the real world
Above the law? There’s no law involved here, judge Judy.
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LZH

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Re: Bullet dodged -ex-recruit related.
« Reply #29 on: March 14, 2018, 07:20:02 pm »

carpetbagger

 ;)

Down here, technically, I reckon I am.....
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wildhogman

Re: Bullet dodged -ex-recruit related.
« Reply #30 on: March 14, 2018, 07:40:34 pm »

Above the law? There’s no law involved here, judge Judy.
You always take things so literally?  Figure of speech.
Let me ask this. You have a 13 year old son, an 11 year old son and an 8 year old son. You catch the 13 year old taking something(lets say for giggles a $20 from your wallet).  You have choices to make.  Do you punish him? How severely if you do?
If you do not punish him. not only will he prolly do it again but you set a precedent for the other two kids.  If you just give him a slap on the wrist and ground him for a week, The other children will always ask themselves if taking that 20 is worth  the 1 week grounding. (that will depend on what they want and how bad they want it)
If you throw the book at him. Ground him for a month and take his allowance away for the rest of the year. He will most likely never think of taking anything that doesn't belong to him again. Not only that but the other two kids will say to themselves every time  they come to that bridge. "no way man no way its not worth it.  Not even for $100.00.  Thus my reply. Set an example and make all the rest think twice about it.  Quit coddling, and making excuses.   
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LZH

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Re: Bullet dodged -ex-recruit related.
« Reply #31 on: March 14, 2018, 07:46:20 pm »

You always take things so literally?  Figure of speech.
Let me ask this. You have a 13 year old son, an 11 year old son and an 8 year old son. You catch the 13 year old taking something(lets say for giggles a $20 from your wallet).  You have choices to make.  Do you punish him? How severely if you do?
If you do not punish him. not only will he prolly do it again but you set a precedent for the other two kids.  If you just give him a slap on the wrist and ground him for a week, The other children will always ask themselves if taking that 20 is worth  the 1 week grounding. (that will depend on what they want and how bad they want it)
If you throw the book at him. Ground him for a month and take his allowance away for the rest of the year. He will most likely never think of taking anything that doesn't belong to him again. Not only that but the other two kids will say to themselves every time  they come to that bridge. "no way man no way its not worth it.  Not even for $100.00.  Thus my reply. Set an example and make all the rest think twice about it.  Quit coddling, and making excuses.   


What's the 13 year old's 40 time?
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wildhogman

Re: Bullet dodged -ex-recruit related.
« Reply #32 on: March 14, 2018, 09:15:38 pm »

What's the 13 year old's 40 time?
lol, 3.5 laser timed?  does it make him "above the law"?
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bondhue

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Re: Bullet dodged -ex-recruit related.
« Reply #33 on: March 14, 2018, 09:35:32 pm »

Well, drug tests are unconstitutional ANYWAY; I'll be surprised all these libertarians dont agree with me on that. The 5th amendment and all that.
Agreeing to take a random drug test is a condition for participating in NCAA sports.  No one has an unfettered constitutional right to participate n NCAA sports.  Taking a random drug test is also often a condition of employment.  My wife had to take one last month.
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Großer Kriegschwein

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Re: Bullet dodged -ex-recruit related.
« Reply #34 on: March 18, 2018, 02:01:36 am »

Well, drug tests are unconstitutional ANYWAY; I'll be surprised all these libertarians dont agree with me on that. The 5th amendment and all that.

Not as part of an employment agreement. I'm sure you meant 4th Amendment though (Unreasonable searches and seizures).  5th Amendment pertains to indictment and due process.

Unfortunately for college athletes, the NCAA isn't the government The 4th Amendment only applies to government infringement of rights. 5th Amendment applies even less.

Mandatory ones, maybe.  His wasn’t mandatory. That said, the NCAA is a joke and 2 years is stupid.  I’d still take the kid. He’s a stud.

Weren't you the "character has to mean something" guy?
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hawgmasta

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Re: Bullet dodged -ex-recruit related.
« Reply #35 on: March 19, 2018, 07:19:35 am »

lol, 3.5 laser timed?  does it make him "above the law"?

You run a 3.5 laser timed 40 the whole team better be smoking whatever he is.
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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #36 on: March 19, 2018, 10:24:04 am »

Not as part of an employment agreement. I'm sure you meant 4th Amendment though (Unreasonable searches and seizures).  5th Amendment pertains to indictment and due process.

Unfortunately for college athletes, the NCAA isn't the government The 4th Amendment only applies to government infringement of rights. 5th Amendment applies even less.

Weren't you the "character has to mean something" guy?
the 4th applies as well. It is SUPER unconstitutional, you guys are just conditioned to it.

4th ammdt- taking my BODILY FLUIDS (mandatorily) is unreasonable search and seizure and if you know anything about history (which Im sure you do) , you know Thomas Jefferson, for instance, would have had a fit about that ish.

5th ammdt- right to not incriminate myself, aka, if i know im gonna piss hot, why would i piss? I would plead the 5th.

Now, i know, real world, college ,  osha regs, blah blah blah. Maybe SOME jobs should hold a public safety exemption or something, but, It IS unconstitutional, truly, to have to piss in a cup to play football or to stock your sheves at Walmart. And any TRUE lover of liberty, be it a real Liberal or staunch Libertarian, should agree. Only spineless , gubment lovin moderates would say otherwise IMO.
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rhames

Re: Bullet dodged -ex-recruit related.
« Reply #37 on: March 19, 2018, 11:07:38 am »

Well, drug tests are unconstitutional ANYWAY; I'll be surprised all these libertarians dont agree with me on that. The 5th amendment and all that.


Maybe I'm missing something here but did the government threaten to throw him in jail if he didn't take the test? Was he made to take the test by a government official?

Libertarians don't want the government to infringe on their lives, not private institutions.

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rhames

Re: Bullet dodged -ex-recruit related.
« Reply #38 on: March 19, 2018, 11:08:36 am »

the 4th applies as well. It is SUPER unconstitutional, you guys are just conditioned to it.

4th ammdt- taking my BODILY FLUIDS (mandatorily) is unreasonable search and seizure and if you know anything about history (which Im sure you do) , you know Thomas Jefferson, for instance, would have had a fit about that ish.

5th ammdt- right to not incriminate myself, aka, if i know im gonna piss hot, why would i piss? I would plead the 5th.

Now, i know, real world, college ,  osha regs, blah blah blah. Maybe SOME jobs should hold a public safety exemption or something, but, It IS unconstitutional, truly, to have to piss in a cup to play football or to stock your sheves at Walmart. And any TRUE lover of liberty, be it a real Liberal or staunch Libertarian, should agree. Only spineless , gubment lovin moderates would say otherwise IMO.


Again this applies to the government, not the NCAA.
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Pig in the Pokey

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Re: Bullet dodged -ex-recruit related.
« Reply #39 on: March 19, 2018, 12:36:37 pm »


Maybe I'm missing something here but did the government threaten to throw him in jail if he didn't take the test? Was he made to take the test by a government official?

Libertarians don't want the government to infringe on their lives, not private institutions.
Truest thing a lib ever said. You will let the Oligarchs get theirs EVERY time. Screw that ish. Pathetic IMO. The ACTUAL constitution applies to corporations and government and single overzealous individuals alike. It's a Bill of Rights HUMANS deserve. You Oligarch supporters are something else, i swear. That is a plantation mentality.
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RyanMallettsEgo

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Re: Bullet dodged -ex-recruit related.
« Reply #40 on: March 19, 2018, 12:43:44 pm »

Truest thing a lib ever said. You will let the Oligarchs get theirs EVERY time. Screw that ish. Pathetic IMO.The ACTUAL constitution applies to corporations and government and single overzealous individuals alike. It's a Bill of Rights HUMANS deserve. You Oligarch supporters are something else, i swear. That is a plantation mentality.

Firstly, you know there's a politics forum, right?

Secondly, lol.

Thirdly, lol.
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rhames

Re: Bullet dodged -ex-recruit related.
« Reply #41 on: March 19, 2018, 12:44:11 pm »

Truest thing a lib ever said. You will let the Oligarchs get theirs EVERY time. Screw that ish. Pathetic IMO. The ACTUAL constitution applies to corporations and government and single overzealous individuals alike. It's a Bill of Rights HUMANS deserve. You Oligarch supporters are something else, i swear. That is a plantation mentality.


You're wrong


On so many different levels.
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Großer Kriegschwein

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Re: Bullet dodged -ex-recruit related.
« Reply #42 on: March 19, 2018, 07:45:54 pm »

Truest thing a lib ever said. You will let the Oligarchs get theirs EVERY time. Screw that ish. Pathetic IMO. The ACTUAL constitution applies to corporations and government and single overzealous individuals alike. It's a Bill of Rights HUMANS deserve. You Oligarch supporters are something else, i swear. That is a plantation mentality.

The Bill of Rights absolutely does not apply to private anything. Only Government infringement of rights.

The Liberal view is the one you are espousing.

Here is a very basic example:

The guarantees of the Bill of Rights apply only to state and federal government action. They do not limit what a company or person in the private sector may do. For example, states may not impose censorship on the media or limit free speech in a way that offends the First Amendment, but your boss (in the private sector) may order you not to talk to the media.
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