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LHL: Cordia Appeals KHSAA Penalties

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Why?

 

They've already took the fight this far and have a ton of sunk costs. They've already gotten some of the penalties eroded.

 

They aren't going to be able to build their program playing only 15 games per year and no postseason, so why not? What do they have to lose?

 

People were acting like it was stupid for them to even appeal, but they've already had the KHSAA themselves (the organization who brought the charges in the first place) overturn a significant number of their findings.

 

As of now, I'd even speculate as saying that the KHSAA might have dropped the least severe penalties as window dressing and have dragged it on this long so that they wouldn't have lots of time to settle it in court before the season started.

 

All that said, it's still a fact that Cordia has taken them to court twice and won both times (and the last time was in Franklin County, despite people being misinformed and thinking it was some favorable hometown Judge or something).

 

Everyone knows there are "shenanigans" taking place down there, save some faces and consider what you have received in this ruling as a bonus and move on. They are making a complete mockery of the system trying to get another bite from the apple.

 

Bottomline, they had their hand in the cookie jar one too many times and got caught.

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Can the players now at Cordia still transfer after this decision today? And still play somewhere else? If so, I have to assume that the KHSAA is allowing, contributing to further penalties against CORDIA. Do the teams in the district that normally have to play, still have to play Cordia? Their schedules have probably already been filled with the maximum games allowed. Does a tournament count as one game or the number played? Questions still need specific answers.

Is there any way that taking this further in the legal process could damage Cordia or lead to more problems? In other words, are they risking anything (other than money) by taking it to court? If not, it seems like they just about have to try that route. If they could be damaged, I would say take the KHSAA reduction and be happy.

Is there any way that taking this further in the legal process could damage Cordia or lead to more problems? In other words, are they risking anything (other than money) by taking it to court? If not, it seems like they just about have to try that route. If they could be damaged, I would say take the KHSAA reduction and be happy.

 

In short yes, but Cordia has no choice, they are fighting for their existence.

Why?

 

They've already took the fight this far and have a ton of sunk costs. They've already gotten some of the penalties eroded.

 

They aren't going to be able to build their program playing only 15 games per year and no postseason, so why not? What do they have to lose?

 

People were acting like it was stupid for them to even appeal, but they've already had the KHSAA themselves (the organization who brought the charges in the first place) overturn a significant number of their findings.

 

As of now, I'd even speculate as saying that the KHSAA might have dropped the least severe penalties as window dressing and have dragged it on this long so that they wouldn't have lots of time to settle it in court before the season started.

 

All that said, it's still a fact that Cordia has taken them to court twice and won both times (and the last time was in Franklin County, despite people being misinformed and thinking it was some favorable hometown Judge or something).

 

We still have yet to find out what is fact and what was rejected. Of the 27 charges against Cordia 17 of them stuck. That tells me a significant number of the charges were/are legit not overturned. This is still a significant penalty so there seems to be some merit in the case that the KHSAA has.

 

I'd call it day and let it go if I was Cordia. What do they gain by going to court?

In short yes, but Cordia has no choice, they are fighting for their existence.

 

 

Existence as a school? If that's the case they really need to let this go.

  • Author
Is there any way that taking this further in the legal process could damage Cordia or lead to more problems? In other words, are they risking anything (other than money) by taking it to court? If not, it seems like they just about have to try that route. If they could be damaged, I would say take the KHSAA reduction and be happy.

 

 

Not that I can think of. That's been my point with this whole thing all along. I mean, I think it's safe to say that it's not like the KHSAA is having them over for dinner anytime soon.

 

Maybe there is some ill will that carries over toward their other sports and has some ripple effect, but it's not like they have a football team and none of their other sports programs jump out at me as being super competitive (maybe cross country or something, but I don't think the KHSAA is going to drop the hammer on that just to show their might).

 

If they're going to be competitive in basketball, then this is pretty much it for them. You don't bring Rhodes in to coach at a school with dorms and all that only to fill it with the what few local kids you have and with which you've never won with before, especially when it's basically free reign for the bigger schools if one of your more promising players wants to transfer to Hazard, Perry County Central, Knott Central, what have you.

Is there any way that taking this further in the legal process could damage Cordia or lead to more problems? In other words, are they risking anything (other than money) by taking it to court? If not, it seems like they just about have to try that route. If they could be damaged, I would say take the KHSAA reduction and be happy.

 

I think Cordia risks very little by going to Court. A court is not going to decide that the penalties are not severe enough and impose more severe sanctions. Thus, other than the expenditure of money and potentially having a Court talk bad about them either in open court or in a written opinion, I don't see much downside to Cordia going to court.

 

I have not seen the actual findings upheld, but it may be that the Board of Control put themselves in a much better position by finding some of the allegations unsubstantiated and allowing the team to play a limited schedule. The actions taken today appear that the Board considered each allegation separately and independently and did not just rubber stamp the Commissioner's recommendations.

 

Letting Cordia play a limited schedule also reduces the chances a court will issue an injunction, I think. Any argument about being irreparable harmed (which must be shown to obtain an injunction) is greatly diminished by allowing Cordia to play a limited schedule.

  • Author
We still have yet to find out what is fact and what was rejected. Of the 27 charges against Cordia 17 of them stuck. That tells me a significant number of the charges were/are legit not overturned. This is still a significant penalty so there seems to be some merit in the case that the KHSAA has.

 

I'd call it day and let it go if I was Cordia. What do they gain by going to court?

 

 

Imagine this scenario, because it's how I'm looking at Cordia right now.

 

You run a business and the police come in and raid you. You are hit with 30 charges, some civil, some criminal, etc. (the point is, there is a variety of them). You find out that one of the key witnesses in the whole thing in buildling the case against you is a guy who once worked for you but that you've since fired, and that guy now works for a rival competitor (or just retired from one).

 

Police charge you with 30 things, but before you've even seen the inside of a courtroom, 1/3 of those charges are dropped by the police that raided you themselves (and at least some are apparently on basis that they weren't able to be substantiated).

 

Now you have a chance to have someone besides them go to court and fight the remaining 2/3rds of those charges in front of a completely neutral decision maker. Do you understand why people might think you could see the point in persuing the case and fighting things further given?

 

 

A Judge might look at things like the KHSAA's statement about "the most wanton and blatant disregard for KHSAA rules in it's 97 year history" and see that they can't even prove around 1/3rd of what they are saying, then consider the rest of the extenuating circumstances, and be a little more forgiving than throwing out a measley 15 games and acting like you should be thankful for it.

 

 

I know that if I'm charged with a ton of stuff and that many of them are dropped before we even start arguing about what I really did and didn't do (and what you can prove), then the other side's backpedaling is a positive sign for me, especially when I'm going into a sitaution with nothing to lose except court costs. I don't think the Judge is going to add an extra year onto the ban or say Rhodes can never coach in Kentucky again. Worst case scenario for Cordia is they are out of some money and all the penalties in place now are upheld. Worst case scenario for the KHSAA is that they lose to Cordia again, this time with the stakes immensely higher.

  • Author
I think Cordia risks very little by going to Court. A court is not going to decide that the penalties are not severe enough and impose more severe sanctions. Thus, other than the expenditure of money and potentially having a Court talk bad about them either in open court or in a written opinion, I don't see much downside to Cordia going to court.

 

I have not seen the actual findings upheld, but it may be that the Board of Control put themselves in a much better position by finding some of the allegations unsubstantiated and allowing the team to play a limited schedule. The actions taken today appear that the Board considered each allegation separately and independently and did not just rubber stamp the Commissioner's recommendations.

 

Letting Cordia play a limited schedule also reduces the chances a court will issue an injunction, I think. Any argument about being irreparable harmed (which must be shown to obtain an injunction) is greatly diminished by allowing Cordia to play a limited schedule.

 

Boom, nailed it!

Imagine this scenario, because it's how I'm looking at Cordia right now.

 

You run a business and the police come in and raid you. You are hit with 30 charges, some civil, some criminal, etc. (the point is, there is a variety of them). You find out that one of the key witnesses in the whole thing in buildling the case against you is a guy who once worked for you but that you've since fired, and that guy now works for a rival competitor (or just retired from one).

 

Police charge you with 30 things, but before you've even seen the inside of a courtroom, 1/3 of those charges are dropped by the police that raided you themselves (and at least some are apparently on basis that they weren't able to be substantiated).

 

Now you have a chance to have someone besides them go to court and fight the remaining 2/3rds of those charges in front of a completely neutral decision maker. Do you understand why people might think you could see the point in persuing the case and fighting things further given?

 

 

A Judge might look at things like the KHSAA's statement about "the most wanton and blatant disregard for KHSAA rules in it's 97 year history" and see that they can't even prove around 1/3rd of what they are saying, then consider the rest of the extenuating circumstances, and be a little more forgiving than throwing out a measley 15 games and acting like you should be thankful for it.

 

 

I know that if I'm charged with a ton of stuff and that many of them are dropped before we even start arguing about what I really did and didn't do (and what you can prove), then the other side's backpedaling is a positive sign for me, especially when I'm going into a sitaution with nothing to lose except court costs. I don't think the Judge is going to add an extra year onto the ban or say Rhodes can never coach in Kentucky again. Worst case scenario for Cordia is they are out of some money and all the penalties in place now are upheld. Worst case scenario for the KHSAA is that they lose to Cordia again, this time with the stakes immensely higher.

 

No. It's kind of like OJ Simpson to me. He was acquitted of murder but everyone still thinks he is guilty of murder. Cordia going to court and winning won't change my opinion and it likely won't change anyone's opinion. If the reasoning behind going to court is to 'clear their name' then IMO that is pretty stupid and a waste of time and money.

 

The fact that 17 of 27 allegations have stuck tells me a lot of monkey business is/was/believed to be going on. A victory in court isn't going to change my opinion of that. It just tells me they won a court case.

I think Cordia risks very little by going to Court. A court is not going to decide that the penalties are not severe enough and impose more severe sanctions. Thus, other than the expenditure of money and potentially having a Court talk bad about them either in open court or in a written opinion, I don't see much downside to Cordia going to court.

 

I have not seen the actual findings upheld, but it may be that the Board of Control put themselves in a much better position by finding some of the allegations unsubstantiated and allowing the team to play a limited schedule. The actions taken today appear that the Board considered each allegation separately and independently and did not just rubber stamp the Commissioner's recommendations.

 

Letting Cordia play a limited schedule also reduces the chances a court will issue an injunction, I think. Any argument about being irreparable harmed (which must be shown to obtain an injunction) is greatly diminished by allowing Cordia to play a limited schedule.

 

No. It's kind of like OJ Simpson to me. He was acquitted of murder but everyone still thinks he is guilty of murder. Cordia going to court and winning won't change my opinion and it likely won't change anyone's opinion. If the reasoning behind going to court is to 'clear their name' then IMO that is pretty stupid and a waste of time and money.

 

The fact that 17 of 27 allegations have stuck tells me a lot of monkey business is/was/believed to be going on. A victory in court isn't going to change my opinion of that. It just tells me they won a court case.

 

Is there a "money tree" out back in Lotts Creek?

 

Believe that player.

My guess is that all 27 charges were "fact." The 10 that were dropped simply says that the KHSAA didn't have enough proof to stand up in court.

 

No tears shed here for Cordia. They knew what they were getting into when they decided to become a basketball academy, tried to take advantage of their "private" status, and bent the rules and gain an unfair advantage.

My guess is that all 27 charges were "fact." The 10 that were dropped simply says that the KHSAA didn't have enough proof to stand up in court.

 

No tears shed here for Cordia. They knew what they were getting into when they decided to become a basketball academy, tried to take advantage of their "private" status, and bent the rules and gain an unfair advantage.

I totally agree,,Rhodes is not only guilty, every person involved in the operation of this so called school is right there with him..Would you really like to send your child to Cordia HS,,wait until they hear the word consolidation.......

  • Author
I totally agree,,Rhodes is not only guilty, every person involved in the operation of this so called school is right there with him..Would you really like to send your child to Cordia HS,,wait until they hear the word consolidation.......

 

 

Considering that every kid who goes there has scholarship money (at least in some amount) when they enroll in college, I think you can do worse.

 

I don't think you are very familiar with Cordia, the Lotts Creek Community School, etc., if you are thinking that consolidation is on their minds.

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