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Speaker 1: Found Cincinnati's ESPN fifteen thirty.

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Speaker 2: Sports headlines in just a few There is not a

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Speaker 2: ton of late breaking news for me to share with you,

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Speaker 2: so we'll push that off while we clear room for

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Speaker 2: our legal analyst from the Manila Law Group. Our friend,

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Speaker 2: attorney Stuart W. Penrose, answers our sports and legal questions.

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Speaker 1: Good afternoon, sir. How are you good afternoon?

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Speaker 3: I'm doing great. How about you?

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Speaker 2: I'm doing well. I want to start by asking about

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Speaker 2: Jerome Tang. He is now the former head basketball coach

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Speaker 2: at Kansas State. After a game last week in which

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Speaker 2: his team was throttled by the Bearcats, he popped off

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Speaker 2: on his players. He did coach one more game this weekend,

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Speaker 2: then late on Sunday night, he was fired for cause,

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Speaker 2: and the school says, well, the language and his contract

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Speaker 2: addresses certain things that can potentially bring embarrassment. His comments

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Speaker 2: about the student athletes and the negative reaction to those

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Speaker 2: comments from a lot of sources, both locally and nationally,

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Speaker 2: brought brought embarrassment to the university. The school says, I

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Speaker 2: think most of us look at a guy who had

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Speaker 2: won one game in the league and was probably gonna

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Speaker 2: lose his job. Anyway, and we see a school that

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Speaker 2: is just trying to get out from underneath the more

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Speaker 2: than eighteen million dollars that the school owes them. Let's

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Speaker 2: start from the beginning here. What is the difference between

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Speaker 2: firing for cause and without cause?

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Speaker 3: Sure, well, without cosmo, I mean it's a fault termination.

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Speaker 3: You could fire coach for any reason, including performance. And

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Speaker 3: if you fire them without cause, they're full buyout, which

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Speaker 3: in hit his case is apparently around eighteen million. Four

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Speaker 3: cause you're you're looking at violations of contract provisions. You're

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Speaker 3: usually talking MC DOUBLEA, violations, criminal conduct, moral tuper, turpitude,

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Speaker 3: or what the university is trying to claim here, you know,

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Speaker 3: public disrepute or embarrassment, you know, is what they're trying

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Speaker 3: to you know, claim here in the situation.

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Speaker 2: So embarrassment is kind of subjective, right, Like it's clear cut.

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Speaker 2: If you break an NCAA rule, fine, that's clear cut.

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Speaker 2: If you run a foul of the law and you're

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Speaker 2: convicted of a crime, that's clear cut. Embarrassment is subjective.

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Speaker 2: Disrepute is subjective. And so based on that, based on

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Speaker 2: the fact that we're talking about things that what's embarrassing

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Speaker 2: to one might not be embarrassing to the other.

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Speaker 1: Does the school really have a legal leg to stand on.

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Speaker 3: Well, it'll go forward in the court if it makes

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Speaker 3: it that far. I don't think anyone's senses are deceiving them.

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Speaker 3: It certainly appears that they're trying to get a discount

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Speaker 3: on the extent very expensive buy out they all Coach

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Speaker 3: tang here, he's hired a very reputable sports lawyer, Tom Marsh,

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Speaker 3: who was Jim Harbaugh's attorney, who came down hard on

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Speaker 3: Kansas State and said, you know, this is just the

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Speaker 3: beginning of the embarrassment for KSE State and the AD.

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Speaker 3: So it certainly seems like they're fighting it. Good for them. Look,

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Speaker 3: I mean, let's be honest. Here, he is, you know,

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Speaker 3: far from the first coach to go out and publicly

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Speaker 3: criticize his players and his team. And you know a

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Speaker 3: lot of coaches use that as a motivation tactic. If

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Speaker 3: you're looking at that and you said, and you said

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Speaker 3: to yourself, wow, this doesn't sound any different than something

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Speaker 3: I hear from coach A or coach B. Well, you again,

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Speaker 3: your senses aren't deceiving you. And you know, would the

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Speaker 3: case AD be saying something like this. If coach Tang

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Speaker 3: made the same comments to his team that was in

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Speaker 3: the top fifteen, you know, probably not.

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Speaker 1: So how often do cases like this actually end up

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Speaker 1: in court?

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Speaker 3: They can, but rarely discovery is messy. Emails can come

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Speaker 3: out that show things that that neither side wants. Schools

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Speaker 3: don't want to get dragged through the mug with something

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Speaker 3: like this. Generally speaking, they're going to come to some

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Speaker 3: sort of negotiated resolution. But you can clearly see that

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Speaker 3: Jerome Tanga is finding this hard with his attorney. He's

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Speaker 3: hired a bulldog to go to bat for him, and

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Speaker 3: we'll see what happens. I mean, LSU tried something that

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Speaker 3: Brian Kelly recently when they fired him and seemed to

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Speaker 3: try to put that off and try to come up

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Speaker 3: with some four cause reasoning. He retained counsel and he

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Speaker 3: got his full buyout, So you know, it's very possible

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Speaker 3: that that may happen here for a coach Tang.

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Speaker 2: This, I guess this may be a stupid question. So

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Speaker 2: that the comments in question were made after a game

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Speaker 2: on Wednesday. Kansas State played a game on Saturday. Jerome

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Speaker 2: Tang coached his team in that game. They lost to

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Speaker 2: Houston and then got let go on Sunday. So there's

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Speaker 2: a part of me that goes, wait a minute, if

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Speaker 2: he brought such shame and embarrassment to the university, why

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Speaker 2: would you let him represent the school on Saturday? That

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Speaker 2: tells me that this is not because of the comments

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Speaker 2: last week. If they were, he would have at least

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Speaker 2: been suspended. What would you say to that?

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Speaker 3: From a legal perspective, Once again, your senses aren't receiving you.

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Speaker 3: I mean, if it looks like a dock and it

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Speaker 3: sounds like a duck, I think it's pretty clear the

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Speaker 3: university's trying to, you know, get out from a buyout,

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Speaker 3: or get out as much as they can from a buyout.

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Speaker 3: This is his speech and his press conference is nothing

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Speaker 3: we haven't seen hundreds of times over with various coaches.

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Speaker 3: He's going to argue that they're very much stretching the

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Speaker 3: meaning of you know, embarrassment to the university. And it

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Speaker 3: seems that the coach is a very strong case here,

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Speaker 3: and certainly the fact that they let him coach another game, well,

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Speaker 3: you know, certainly gives credence to that argument.

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Speaker 1: Let's talk about the NFLPA.

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Speaker 2: So for years, for the last couple of years they've

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Speaker 2: released these team report cards, which are based on surveys

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Speaker 2: done of the players, and as a result of those surveys,

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Speaker 2: the NFLPA will release port card report cards about the

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Speaker 2: teams and how they operate, how what kind of workplace

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Speaker 2: conditions there are, how families are treated, what sort of

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Speaker 2: perks players get working for each team, that sort of thing.

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Speaker 2: The NFL has challenged this, and it has been ruled

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Speaker 2: that the NFLPA is they're allowed to conduct these surveys,

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Speaker 2: but they're no longer allowed to make the result of

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Speaker 2: these surveys public. Why was this ruling reached and is

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Speaker 2: this something that the players Association can challenge?

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Speaker 3: Sure? Well, in first off, I mean this is not

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Speaker 3: a First Amendment change. It's a labor contract case. I mean,

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Speaker 3: the arbitrator essentially decided that you know, they're publishing this publicly,

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Speaker 3: you know, violated, violated the CBA and the language of

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Speaker 3: the CBA. You know, my labor arbitration rulings are very

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Speaker 3: difficult to challenge, and they're very difficult, very rarely overturned.

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Speaker 3: Typically speaking, you know, you're looking for fraud, bias or

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Speaker 3: arbitrator misconduct. You know, the more realistic expectation is the

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Speaker 3: nfl PA either compliance or it simply negotiates new language

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Speaker 3: in their next c B A. Certainly they can still

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Speaker 3: conduct these surveys, use the data internally, and try to

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Speaker 3: push teams internally with it. But you know, the arbitrator

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Speaker 3: pretty you know, clearly ruled that it violated the language

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Speaker 3: of the c BA and something for them to work

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Speaker 3: on in the next CVA perhaps.

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Speaker 1: Yeah.

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Speaker 2: By the way, and we'll talk about this next week,

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Speaker 2: because we're gonna be talking a lot about baseball CBA

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Speaker 2: expiring at the end of this season. Their a union

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Speaker 2: had left, and so put that on the back burner

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Speaker 2: for next week because there's lots of questions about that.

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Speaker 2: I do have to ask you, though, about another college

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Speaker 2: eligibility case. We have one of these seemingly every week

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Speaker 2: old miss quarterback Trinidad Chambliss is going to get a

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Speaker 2: sixth year of eligibility.

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Speaker 1: What was the foundation of his case.

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Speaker 3: Sure, well, he's claiming that he should have had a

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Speaker 3: medical red shirt for one of his years, that at

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Speaker 3: fair s state, that he didn't suit up, that he

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Speaker 3: didn't play. The n CUBA had had declined this case

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Speaker 3: and ruled him in eligible, he appealed it. He lost

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Speaker 3: his appeal as well. And you know, we're getting in

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Speaker 3: a pattern of this on this segment. You know, we're

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Speaker 3: seeing judicial oversight of you know, college sports eligibility, and

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Speaker 3: that's you know, we're seeing it more and more, and

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Speaker 3: you know, it's it's already a ripple effect. This is

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Speaker 3: already h you know part of that. You know that

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Speaker 3: they're gonna look at it a case by case basis.

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Speaker 3: And you know, he was able to sue in a

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Speaker 3: in a Mississippi state court that certainly can't hurt you know,

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Speaker 3: you're arguing against uh, you know, state uh anti trust

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Speaker 3: laws and you know, quite frankly, in a state like Mississippi,

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Speaker 3: there's only two law schools and you know the only

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Speaker 3: public one is Old mess. I'm not saying the judge

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Speaker 3: you know, didn't did anything improper in there by any means,

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Speaker 3: but you know, yes, you know you're you're gonna get

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Speaker 3: a more favorable venue in these circumstances. UH. But it's

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Speaker 3: just very very hard for the n C double A

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Speaker 3: to uh, you know, blanketly enforce eligibility over certain issues

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Speaker 3: because different states have different laws that uh, you know,

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Speaker 3: Garner anti trust, and uh, it makes it very difficult

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Speaker 3: for the NC double A to you know, keep their

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Speaker 3: power and blankenly enforce it. And you know the young

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Speaker 3: man's gonna be able to play next year. I mean

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Speaker 3: the NC double A technically could appeal that. Uh the unction,

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Speaker 3: I mean the case technically is still going on. What

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Speaker 3: he got is an injunction. But you know cases take years,

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Speaker 3: and you know by the time this case is over,

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Speaker 3: he'll be he'll be off to the NFL.

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Speaker 2: Yeah, unless he sues for more years of college eligibility,

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Speaker 2: which you always have to account for.

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Speaker 3: That.

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Speaker 2: Attorney Stewart W. Penrose from the Manila Law Group. You

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Speaker 2: can learn more at Manila Lawgroup dot com. Awesome to

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Speaker 2: have you as always, heart, Thanks so much, Thank you.

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Speaker 2: That's our guy, Attorney Stewart W.

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Speaker 1: Penrose. He has been an awesome addition to our show.

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Speaker 2: Sports headlines are a service to Kelsey Chevrolet, home of

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Speaker 2: lifetime powertrain protection and guaranteed credit approval from their family

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Speaker 2: to yours for life kelseyshev dot com. We're gonna play

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Speaker 2: the Hunter Green audio at five oh five. You may

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Speaker 2: have heard I like Hunter Green, Hunter Green's gonna sound

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Speaker 2: You're gonna hear him sounding pretty pissed off in twenty minutes,

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Speaker 2: and you cannot blame him. Red's are continuing workouts Hunter

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Speaker 2: through live batting practice today to the Reds hitters, and I.

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Speaker 1: Rooted for Hunter Green because that's what I do.

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Speaker 2: The first Cactus League game is on Saturday, Reds and

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Speaker 2: Guardians at three to ten on Fox Sports thirteen sixty.

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Speaker 2: The franchise tag window is open. It's been open for

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Speaker 2: forty six minutes. I don't think that the Bengals have

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Speaker 2: tagged Trey Hendrickson yet, but they can now. They legally

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Speaker 2: can all the way until March fourth. College basketball tonight,

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Speaker 2: Xavier is taking on Villanovi. You know the Big East.

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Speaker 2: I would stop short of saying that there's a big

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Speaker 2: two in the Big East. And I know Saint John's

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Speaker 2: just beat Yukon at Madison Square Garden, but I will

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Speaker 2: maintain that Yukon with Dan Hurley complaining about attendance and

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Speaker 2: Huskies games still feels like a class among themselves. Now

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Speaker 2: both teams have lost one game in the league, Yukon

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Speaker 2: in Saint John's, so okay, fine, we'll make it about

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Speaker 2: the big two. And then there's like the bottom half

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Speaker 2: and then a couple of teams that at times, like

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Speaker 2: Seaton Halk can look really good and at sometimes and

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Speaker 2: right now the Pirates are playing really well. Creighton is

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Speaker 2: not very good, but when you've watched him on good nights,

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Speaker 2: you've seen a team that looks good. Then there's Villanova

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Speaker 2: that is very quietly eleven and three in the league.

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Speaker 2: They're in town tonight to play Xavier, first of two

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Speaker 2: meetings between these two schools between now and the end

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Speaker 2: of the season. Tip Off is going to be tonight

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Speaker 2: at six point thirty and you'll hear the game live

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Speaker 2: on seven hundred Wlwpre game coverage starts at six o'clock.

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Speaker 2: Kevin Willard on track to take the Wildcats of the

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Speaker 2: NCAA tournament for the first time since Jay Wright retired

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Speaker 2: in two thoy twenty two, and balanced team ranked close

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Speaker 2: to the top thirty nationally and offensive and defensive efficiency.

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Speaker 2: Playing the Xavier team that closed out Marquette and for

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Speaker 2: a lot of that game looked really good. On Saturday again,

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Speaker 2: tip off tonight at six thirty Miami battles U mass

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Speaker 2: The Red Hawks faced a pretty stiff test from the

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Speaker 2: minute men. Back on January the twenty seventh and Red

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Speaker 2: Hawks are point and a half favorites. Jay Billis ranks

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Speaker 2: the sixty eight best teams in college basketball. He has

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Speaker 2: Miami twenty sixth. He writes my on court view of

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Speaker 2: the RedHawks as the rank them in the mid forties

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Speaker 2: of the Billis Index. Jay Billis is among the best

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Speaker 2: college basketball analysts going, and so he's one of the

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Speaker 2: few people talking about the RedHawks that I would imagine

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Speaker 2: has actually watched them and say what you want about

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Speaker 2: their schedule, and say what you want about whether or

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Speaker 2: not they should be included in the field of sixty

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Speaker 2: eight if they lose the MAC Tournament title game but

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Speaker 2: win all their regular season games, and I have a

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Speaker 2: really hard time believing the committee is going to ignore

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Speaker 2: or zero losses in the regular season. But offensively, look,

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Speaker 2: they're not brimming with NBA guys, have a lot of

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Speaker 2: guys who probably wouldn't get playing time on good Big

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Speaker 2: twelve teams. But they run really good stuff. They don't

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Speaker 2: take a bunch of bad shots. Ian Elmer's made some

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Speaker 2: huge shots for that team. Pete Sooter has obviously been

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Speaker 2: a great playmaker for that team. Brant Byers can shoot

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Speaker 2: the ball like they're in the upper part of the

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Speaker 2: sport in a lot of advanced offensive metrics. What you

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Speaker 2: wonder about is, and this has happened a couple of times.

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Speaker 2: It happened against UMass to a degree. The minimns shot

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Speaker 2: fifty one percent. Miami has defensive deficiencies.

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Speaker 1: Now.

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Speaker 2: I think they've gotten better relative to the way they

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Speaker 2: played against kent State, the way they played in the

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Speaker 2: first Buffalo game, and the way they played against UMass.

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Speaker 2: But we talk about this a lot in across a

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Speaker 2: lot of different sports. When does your fatal flaw catch

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Speaker 2: up to you doesn't catch up to him? Tonight, UMass

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Speaker 2: has lost two consecutive games, including a triple overtime loss

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Speaker 2: to Coastal Carolina. That's going to be a good game

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Speaker 2: Tonight tips off at seven pm. Kentucky tries to bounce

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Speaker 2: back after getting beaten by Florida. I felt like Kentucky

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Speaker 2: in that game, and I have not looked this up.

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Speaker 2: I felt like Kentucky might have missed twenty five layups

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Speaker 2: in that game. A lot of opportunities at the rim

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Speaker 2: against a very good Florida team on the defensive end.

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Speaker 2: The game never got completely out of hand. The game

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Speaker 2: never felt like it was there for the taking. Kentucky

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Speaker 2: and Georgia tonight tip off at nine o'clock. Pregame coverage

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Speaker 2: at seven thirty on ESPN fifteen thirty. And Ohio State,

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Speaker 2: a team that I think is one of the most

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Speaker 2: interesting in the country coming off that neutral site loss

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Speaker 2: to Virginia. They battle Wisconsin tonight at eight thirty. We're

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Speaker 2: guests free the rest of the way. We do have

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Speaker 2: to talk about tanking because it's being brought up in

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Speaker 2: the NBA right now. You know, the Reds not that

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Speaker 2: long ago essentially tanked and everybody seems to be okay

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Speaker 2: with it now. That's coming up on ESPN fifteen thirty.

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Speaker 2: Cincinnati Sports Station Cincinnati's ESPN fifteen thirty.

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Speaker 4: Traffic from the UC Health Traffic Center. Around forty percent

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Speaker 4: of cancers are preventable. Lifestyle changes and screenings can make

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Speaker 4: a difference. Call five one three five eighty five UCCC

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Speaker 4: northbound seventy five. An accident has now been cleared from

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Speaker 4: the off ramp to State Route one twenty two in Middletown. However,

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Speaker 4: new accident in on Beakman that's over at Coal Raine

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Speaker 4: and slow traffic northbound seventy five between Mitchell and Paddock Road.

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Speaker 4: That is a ten minute delay Right now, I'm at

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Speaker 4: ezelic with traffic.

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Speaker 1: This report