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The Honolulu Advertiser
Posted on: Wednesday, May 12, 2004

UH loses appeal, 2002 national volleyball title

 •  Costas maintains he never was a pro
 •  Students say rule lacks common sense

By Stephen Tsai
Advertiser Staff Writer

The NCAA has upheld its decision to strip the University of Hawai'i men's volleyball team of its 2002 national championship because it used a player with professional experience.

Former Warrior Costas Theocharidis says he "never had an agent ... never took money ... never had a contract."

Eugene Tanner • The Honolulu Advertiser

The Warriors now must forfeit their championship — the school's first NCAA men's team title — and pay a $5,000 fine. Yesterday afternoon, the championship banner was removed from the Stan Sheriff Center rafters, and the wooden championship trophy was in the office of associate athletic director Thomas Sadler, ready to be shipped to the NCAA headquarters in Indianapolis.

The Warriors will be allowed to keep their school-purchased championship rings, UH athletic director Herman Frazier said.

"At this point, we have to just take our medicine and move on," Frazier said.

In September 2003, the NCAA voided the Warriors' 2002 championship after it was found that former Warrior outside hitter Costas Theocharidis, a two-time national Player of the Year, played in more than 20 matches with a professional team in Greece before enrolling at UH in August 1999.

"That's ridiculous," Theo-charidis said of the NCAA's decision to reject UH's appeal. "I never had an agent. I never took money. I never had a contract. I'm not a professional."

The NCAA's ruling, in fact, was not based on whether Theocharidis was a paid athlete.

The NCAA prohibits a player from being a member of a professional team, even if he did not receive money.

UH coach Mike Wilton said the school's investigation found Theocharidis indeed did not have an agent, sign a contract or receive money for playing volleyball before enrolling at UH

"He was truthful," Wilton said of those queries. "But as to playing with professionals, that was a different deal."

Frazier said Theocharidis was asked three times — in the spring of 2002 and two times last summer — if he played on a team that included professional athletes, and each time he denied it.

In July 2003, Frazier recalled, Theocharidis admitted he was teammates with professionals in Greece.

When asked if the student-athlete — Frazier and Wilton did not identify Theocharidis because of privacy laws — had misled or was misinformed about the rule against playing with professional teammates, Frazier said, "I think of the two, I would go with the former — misled."

Wilton said: "Whether he understood what it meant, you'd have to ask him."

Theocharidis insisted he did not mislead UH officials. "Why would I deceive them if I didn't play professionally?" he said. "I'm not a professional. This is wrong."

In May 2003, the NCAA received a complaint about Theocharidis' amateur status. The NCAA notified UH, which started an investigation.

University of Hawai'i athletic director Herman Frazier tells reporters: "We've exhausted all of our appeals. This is it for us."

Eugene Tanner • The Honolulu Advertiser

In July 2003, UH turned over its findings to the NCAA. In September 2003, the NCAA found that although Theocharidis did not receive money, he was guilty of being a member of a professional team.

The NCAA did not punish UH for the 2002 regular season; thus, Theocharidis' achievements will remain in the Mountain Pacific Sports Federation record books. But the achievements of the Warriors and Theocharidis in the NCAA championship tournament were voided.

UH officials then appealed the punishment — the stripping of the title, not Theocharidis' guilt — to the NCAA Division I Committee on Infractions.

Jan Gouveia, a lawyer who filed the appeal, said UH's argument centered on a language change in the NCAA bylaws. The original bylaw noted that a team "shall" be stripped of its championship for using an ineligible player. In the revision, the bylaw was changed to "may" be stripped of the title.

UH took about two months to file an official appeal.

Frazier was told yesterday morning — six months after the appeal was received — of the NCAA's decision.

"We've exhausted all of our appeals," Frazier said. "This is it for us."

Frazier said UH hired an outside law firm to represent the school on the Mainland. Those fees, plus the airfares to argue the case in Phoenix, cost the school "probably less than $20,000," Frazier said.

Frazier said UH president Evan Dobelle approved pursuing the appeal. "We had the green light to continue to pursue it all the way until the end," Frazier said.

Theocharidis said: "I'm just very sad about what happened. I'm very disappointed that the committee didn't overturn the preceding ruling. I'm very disappointed the University of Hawai'i and the state of Hawai'i are involved in the whole process."

Dejan Miladinovic, the Warriors' middle blocker in 2002, said yesterday's ruling "doesn't change much. I really didn't think we had a shot. ... That's fine. It's not fair, but you learn to deal with it."

He said he remains close to Theocharidis. "I speak to him every night," Miladinovic said. "I don't have anything against him. I'm fine with the punishment. My only thing is if they strip our title, they should strip 10 more titles. That's my feeling. They should dig (into other programs). They might find something. I wasn't pleased with their singling out Hawai'i as the only one."

Reach Stephen Tsai at stsai@honoluluadvertiser.com or 525-8051.

• • •

The punishment

The NCAA ruled that the University of Hawai'i committed a "secondary violation" for using an ineligible player — Costas Theocharidis — during the 2002 men's volleyball season. Here is the fallout:

• UH will relinquish the 2002 national championship and trophy.

• UH will pay a fine of $5,000 to NCAA.

• UH will not forfeit regular-season matches during Theocharidis' four-season career.

• UH players will be allowed to keep their championship rings.

• Theocharidis must return all of his NCAA awards.

• Theocharidis will not be asked to repay scholarship money.


The violation

The NCAA bylaw under which UH was found to be in violation involved Article 12 regarding amateurism. Under Article 12.2.3.2, competition with professionals, the rule was revised and became effective in August 2002, after UH had won the NCAA men's volleyball title.

Here is the rule before August 2002, followed by the revised version:

• PREVIOUS VERSION

An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever participated on a team and knew (or had reason to know) that the team was a professional team in that sport. ...

• 2002 REVISION

An individual shall not be eligible for intercollegiate athletics in a sport if the individual ever competed on a professional team in that sport....

(Revised April 25, 2002, effective Aug. 1, 2002.)


The appeal

UH's appeal admitted guilt but petitioned for a lesser sanction allowed by the NCAA's own bylaws. NCAA rule 31.2.2.4, Participation While Ineligible, reads:

"When a student-athlete competing as an individual or representing the institution in a team championship is declared ineligible subsequent to the competition ... the Committee on Infractions may require the following:

( b ) Team Competition. The record of the team's performance may be deleted, the team's place in the final standings may be vacated, and the team's trophy and the ineligible student's award may be returned to the Association. (Revised: 4/26/01)

Source: 2003-2004 NCAA Division I manual