Ohio State stands to lose either way in NCAA ruling

	Strange as it sounds, Ohio State may be hoping for a "major violation" so it doesn't have to pay former coach Jim O'Brien major damages. AP
	Weekend Pickoff I feel like Indiana, Stanford and Louisville. As the end of the season grows nigh, my prospects for a satisfying conclusion grow dimmer. I began last week's pickoff facing a two-game deficit against the readers, and I responded by going a subpar 4-6. On the other hand, Rajiv Leventhal of Woodbridge, N.J., turned in a fundamentally sound 6-4 mark. (Darn those Bucknell Bison for folding against Northern Iowa!) That leaves me trailing by a season-high four games with only two weeks remaining. That does not include the Final Four, which at this rate won't even be in play if I don't turn this thing around. I warn you, however, that I feel a big weekend coming on. That's right, I'm about to go Redick on y'all. If you think you can Morrison me right back (or, if you dare, Pittsnogle my tattoo-less behind), send in your predicted scores -- not just winners -- for the 10 games listed below. Be sure to include a few sentences explaining your choice for the featured game, as well as your full name and your hometown. Then check back Friday to see if we used your picks. Good luck! Featured game: Villanova at Connecticut Other games: Kansas at Texas Iowa at Illinois Arkansas at Tennessee Kentucky at LSU Nevada at Utah State Marquette at Notre Dame Florida at Alabama Maryland at North Carolina Cal at Washington
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The bizarre saga of Jim O'Brien's demise at Ohio State is inching toward closure, but the end comes with a twist. When the NCAA infractions committee issues its final ruling some time in the next couple of weeks, Ohio State will actually be hoping that the NCAA deems its infractions to be "major." In other words, the school will be rooting for the hammer, not a slap on the wrist.

This strange dynamic has been brewing for months, as Ohio State's case before the NCAA came up at the same time O'Brien's $3.5 million breach-of-contract lawsuit against OSU was coming to a head. One line of thinking heading into both cases was that if the NCAA rules that O'Brien committed a major infraction, it will fortify the university's contention that it had just cause for firing him in June 2004, thus weakening O'Brien's lawsuit. (That's why, after the infractions committee finished hearing Ohio State's case on Feb. 5, O'Brien's attorney, Joseph Murray, complained that the school did not put up more of a fight on its own behalf.)

However, Ohio Court of Claims Judge Joseph T. Clark ruled before the NCAA did, stating last Wednesday that it was Ohio State, not O'Brien, that had breached the coach's contract. Judge Clark has not yet decided on final damages, and may not for several months, but he could award O'Brien in excess of $9 million with interest and other damages.

To be sure, the ruling wasn't all good news for O'Brien. Judge Clark found that O'Brien had reasonable cause to believe he had committed an NCAA violation when he gave $6,000 to a recruit. Clark even said that O'Brien had breached his contract by failing to tell his bosses about it. But the judge found that because those transgressions did not rise to the level of a "material" breach, the school is required to pay O'Brien the buyout money that was outlined in the contract.

On the heels of that ruling, the NCAA is getting ready to issue its own finding. If Ohio State gets severely penalized, possibly to the point of having its 1999 Final Four appearance erased and having to return the money that came with it, the school may have a stronger argument for pressing Judge Clark for a lower damage amount. Or it may even appeal Clark's ruling, believing its case has been made stronger by the NCAA ruling. Weird, huh?

You might wonder how a coach who has brought NCAA scrutiny on his school could successfully sue said school for millions. The answer is that Ohio State negotiated itself a lousy deal. Flush with affection for O'Brien after he took the Buckeyes to the Final Four, Ohio State rewarded him with a six-year deal that not only paid him $1.2 million annually but also severely limited the reasons OSU could fire O'Brien for cause. The contract specifically stated that there would have to be a finding of guilt by the NCAA -- not just a serious allegation -- before Ohio State could cut the coach loose. The deal even went so far as to outline a scenario in which O'Brien could keep his job in the face of an ongoing NCAA investigation.