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Former Texas Tech Transfer Jaylon Tyson Denied NCAA Waiver to Play at Cal

October 26, 2023
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Former Texas Tech transfer Jaylon Tyson, who left the program to transfer to Cal following former head coach Mark Adams’ resignation after allegations he suggested Tyson behave as his slave was informed yesterday that his appeal for immediate eligibility was denied by the NCAA.

A waiver is required by the NCAA for any second-time transfer who has not completed their degree. For many years, waivers were regularly granted often on the basis of a player claiming to need to be near an ailing relative.  Earlier this year, the NCAA decided to tighten up this criterion, limiting appeals to medical or safety concerns that necessitated a transfer. 

Denny Medley/USA TODAY/Reuters/Fil
Former Texas Tech head coach Mark Adams

In a statement to ESPN, the NCAA said, "On January 11, the Division I Council -- which includes a voting representative from each Division I conference -- voted unanimously to significantly tighten the criteria for undergraduate students who transfer for a second time to be granted a waiver to play immediately." As a result of the DI Council vote, multiple-time transfers who cannot demonstrate and adequately document a personal need for medical or safety reasons to depart the previous school are not eligible to compete immediately following their second undergraduate transfer. National office staff, at the direction of NCAA members, have begun applying those criteria for multiple-time transfers for the 2023-24 academic year."

Tyson shined in his prep career at John Paul II High School in Plano, Texas, leading his team to a state championship as a junior and earning a ranking as the number 34 prospect in the nation by Rivals, number 35 by 247 Sports Composite & number 42 by ESPN after averaging 22.3 points, 4.7 rebounds, 4.1 assists & 2.1 steals per game as a senior.

The 6’7 forward began his collegiate career at Texas in the fall of 2021 before transferring to Texas Tech in December of the same year.

In March of 2023, Texas Tech suspended head coach Adams for what the university called an “inappropriate, unacceptable, and racially insensitive comment” that was made to Tyson after allegations that Adams quoted a bible verse telling the player to see him as his master and the player as his slave. There was also a separate incident earlier in the season the school is investigating in which Adams spit on a player.

“I can spit on you whenever I want to,” one person close to the situation stated that Adams said to the player involved.

Adams surprisingly was not fired and instead received $4M in severance after being forced to resign later that week and is now currently employed as the head coach at East Carolina University.

Meanwhile, Jaylon Tyson, seeking to escape the obvious racially-charged toxicity of Texas Tech for a safer environment was denied in his appeal by the NCAA to resume his career at Cal without having to sit out a season. In any rational world, it’s hard to imagine the incident(s) not being considered the definition of an unsafe environment, particularly and profoundly since Tyson was the player who was physically and verbally assaulted by Adams.

“Last year, I was racially discriminated against on multiple occasions. I was called a slave, and that Mark Adams was my master,” Tyson told Sports Illustrated. “When he said that I kind of froze and went down a dark path in my life that I had never [experienced] before. It was very embarrassing for me and my family to have to go through this process.”

texastech.com

Clearly, no player should have to choose between sitting out a year or remaining at a university that allowed this type of behavior to be excused with a public statement from their athletic director stating that “Adams was encouraging the student-athlete to be more receptive to coaching and referenced Bible verses about workers, teachers, parents, and slaves serving their masters. ” 

Adding another layer of complication to the matter, the state of Texas has been moving away from DEI (Diversity, Equity, and Inclusion) protections, setting up a situation where a coach can receive a multi-million dollar golden parachute and a new head coaching job after committing an egregious pair of offenses that would easily justify termination for cause without financial compensation, while at the same time, a student-athlete of color has to sit out a year to get away from a racially toxic environment to further his career.

Cal has appealed the decision and a decision is expected on that appeal by the end of next week. In what should seemingly be an open-and-shut appeal, the answer cannot come soon enough. And should that answer be no, don’t expect Cal to take the response sitting down. Far from it, in fact. 

Story addendum:

In this afternoon’s press conference, Cal head coach Mark Madsen addressed Tyson’s denied waiver request, expressing disappointment with the decision and confidence that there is enough evidence so see a reversal of the waiver denial.

"The NCAA has set forth the criteria," Madsen said. "I've looked at the waiver material. I've been looking at it for months. And obviously, It will be extremely important for Jaylon Tyson to be granted this second waiver, not only for himself but for every other student-athlete who finds himself in a situation like this. In the future,

"As far as why a waiver is denied, I do not have the information to talk about that, because I wasn't in the decision-making room. But as far as why it should be approved, I've seen the content of the material in the waiver. And I believe that this falls within the guidelines that the NCAA has set forth, 

"I'm extremely hopeful that they will (approve the appeal) because of what Jaylon experienced in previous situations, so I'm extremely hopeful that whatever reasons factored into the denial of Jaylon's waiver, I'm truly hopeful that people will look at this very objectively and say, 'Okay, we need to take a hard look because if you set this precedent, that is not a good precedent to set.'"

Discussion from...

Former Texas Tech Transfer Jaylon Tyson Denied NCAA Waiver to Play at Cal

19,839 Views | 57 Replies | Last: 12 mo ago by GMP
oskidunker
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Good
Thank you for posting. My guess is Tyson will disclose more information to help the appeal
Go Bears!
bearsandgiants
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Spread this story far and wide, Bear Territory.
BearSD
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MoragaBear
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Staff
bearsandgiants said:

Spread this story far and wide, Bear Territory.


Like and retweet. We tagged a bunch of people and sent a breaking news email blast to get the story out there.
Grrrrah76
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Still waiting for Texas to secede.........
Econ141
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The only part I don't agree with the article is "don't expect Cal to take the response sitting down. Far from it, in fact."

I can assure everyone this is 100% what Cal will do. Cal admin always takes the response sitting down. See any countless examples from the offsides penalty in ND, to sitting on the sidelines throughout the entire realignment fiasco ultimately getting saved by Stanford alums.

When have we not taken a beating and asked for another? This is the "may I have another" in long line of " anothers."
oskidunker
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Econ141 said:

The only part I don't agree with the article is "don't expect Cal to take the response sitting down. Far from it, in fact."

I can assure everyone this is 100% what Cal will do. Cal admin always takes the response sitting down. See any countless examples from the offsides penalty in ND, to sitting on the sidelines throughout the entire realignment fiasco ultimately getting saved by Stanford alums.

When have we not taken a beating and asked for another? This is the "may I have another" in long line of " anothers."
. i guess we will have to wait and see. Many said Cal would not appeal. They have.
Go Bears!
MoragaBear
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Econ141 said:

The only part I don't agree with the article is "don't expect Cal to take the response sitting down. Far from it, in fact."

I can assure everyone this is 100% what Cal will do. Cal admin always takes the response sitting down. See any countless examples from the offsides penalty in ND, to sitting on the sidelines throughout the entire realignment fiasco ultimately getting saved by Stanford alums.

When have we not taken a beating and asked for another? This is the "may I have another" in long line of " anothers."

You're wrong.
CalWSportsFan
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I think all athletes, male or female, should think hard before deciding to attend college in Texas. Why? Let me count the ways…
philbert
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Civil Bear
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"Former Texas Tech transfer Jaylon Tyson, who left the program to transfer to Cal following former head coach Mark Adams' resignation..."

If the timing in this statement is accurate, then I'm not so sure Tyson has a strong appeal. Had he transferred out prior to the "resignation" then the waiver would have been a no-brainer. Since Tyson left after TT removed the "obvious racially-charged toxicity", then I guess we will have to wait and see.
philbert
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Civil Bear said:

"Former Texas Tech transfer Jaylon Tyson, who left the program to transfer to Cal following former head coach Mark Adams' resignation..."

If the timing in this statement is accurate, then I'm not so sure Tyson has a strong appeal. Had he transferred out prior to the "resignation" then the waiver would have been a no-brainer. Since Tyson left after TT removed the "obvious racially-charged toxicity", then I guess we will have to wait and see.
Read the Si story linked above. Think the NCAA is gonna look really bad on this one.
StillNoStanfurdium
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Civil Bear said:

"Former Texas Tech transfer Jaylon Tyson, who left the program to transfer to Cal following former head coach Mark Adams' resignation..."

If the timing in this statement is accurate, then I'm not so sure Tyson has a strong appeal. Had he transferred out prior to the "resignation" then the waiver would have been a no-brainer. Since Tyson left after TT removed the "obvious racially-charged toxicity", then I guess we will have to wait and see.
Removing the coach would be a great step in addressing the issues but it wouldn't solve for any institutional or systemic issues at Texas Tech. Further, even if the school did identify and pledge to make all necessary changes it doesn't mean that it's an environment that a player would still feel comfortable in.

If someone experienced sexual harassment at work, just because the offending harasser got fired doesn't mean that all of a sudden that victim would feel safe with the status quo. There are more factors to consider.
blungld
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Coaches can desert teams for $. Teams can desert conferences for $. But you player, you stay where you belong. We'll tell you where you can and can not play.
The Bear will not quilt, the Bear will not dye!
philbert
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calumnus
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Civil Bear said:

"Former Texas Tech transfer Jaylon Tyson, who left the program to transfer to Cal following former head coach Mark Adams' resignation..."

If the timing in this statement is accurate, then I'm not so sure Tyson has a strong appeal. Had he transferred out prior to the "resignation" then the waiver would have been a no-brainer. Since Tyson left after TT removed the "obvious racially-charged toxicity", then I guess we will have to wait and see.


Requesting entrance to the portal, the school posting it and then entering the portal, then having discussions with prospective new teams and review of his academics by the new school all comes before the player actually transfers.

And while the coach was gone by the time he actually transferred, the AD that initially defended Adam's use of "scripture" is still there. Plus Adam's defenders and sympathizers (he is a Texas Tech alum) are still there. Go read some of the Texas Tech message boards to see what many/most of their fans think about him (and race, religion, politics, science and history). He was at best viewed by the fans as "toxic" a "cancer" "uncoachable" "anti-Christian" and worse.

With the removal of diversity and equity protections in Texas, Tyson has no assurance he will not be retaliated against. Leaving was for his own safety and mental health as the NCAA states is the main basis for granting a waiver.
MoragaBear
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The story has been updated to specify that Tyson was the player the coach committed these offenses against. Initially he didn't want to go public with that information but the waiver denial must have made him think twice. We'll also add some comments from Madsen from the presser I was just at asap.
concordtom
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Wow.
Sounds like (another instance where) the NCAA needs to be sued.
BearGoggles
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calumnus said:

Civil Bear said:

"Former Texas Tech transfer Jaylon Tyson, who left the program to transfer to Cal following former head coach Mark Adams' resignation..."

If the timing in this statement is accurate, then I'm not so sure Tyson has a strong appeal. Had he transferred out prior to the "resignation" then the waiver would have been a no-brainer. Since Tyson left after TT removed the "obvious racially-charged toxicity", then I guess we will have to wait and see.


Requesting entrance to the portal and then entering the portal, then having discussions with prospective new teams and review of his academics by the new school all comes before the player actually transfers.

And while the coach was gone by the time he actually transferred, the AD that initially defended Adam's use of "scripture" is still there. Plus Adam's defenders and sympathizers (he is a Texas Trch alum) are still there.

With the removal of diversity and equity protections in Texas, Tyson has no assurance he will not be retaliated against. Leaving was for his own safety and mental health as the NCAA states is the main basis for granting a waiver.

I didn't realize the slave comment was directed to Jolly, which makes his case even more compelling. I think he has (or should have) a slam dunk case and can't believe the NCAA is so tone deaf/arrogant to believe they can get away with this.

I also think the argument that he didn't enter the portal immediately is BS. Was he supposed to drop out of school and/or make a final decision before the end of the semester (remember, entering the portal means the school can terminate your scholly). I see no reason to impose that risk on the affected student. And beyond that, at the time Jolly was considering these things, the NCAA was operating on a totally different standard that led him to believe transferring again would not be an issue. The NCAA adopted a more strict policy and are applying it to situations/people who had not notice of the new policy.

That being said, the assertion that the Texas DEI law is relevant is pretty silly - including the second to last paragraph of the article. There was no removal of "DEI protections" - there are still many state and federal anti-discrimination laws that apply in Texas. The law did eliminate DEI programs and the ability to require DEI statements (which is arguably unconstitutional for a public school and clearly an impingement on academic freedom).

And I would point out that Cal is subject to Prop 209. Does that mean that all Cal athletes can transfer at will because of California's anti-DEI/affirmative action policies? i don't mind Cal using the DEI argument to increase the pressure on the NCAA, but it is the weakest part of its claim.
concordtom
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Econ141 said:

The only part I don't agree with the article is "don't expect Cal to take the response sitting down. Far from it, in fact."

I can assure everyone this is 100% what Cal will do. Cal admin always takes the response sitting down. See any countless examples from the offsides penalty in ND, to sitting on the sidelines throughout the entire realignment fiasco ultimately getting saved by Stanford alums.

When have we not taken a beating and asked for another? This is the "may I have another" in long line of " anothers."
Cal can deal with the short end of this stick.
Think about the player - they are robbing him of his prime. What a joke. I'm so sick of the NCAA stupid rules. They are so weak, and have been using players ever since it became lucrative to do so.
MoragaBear
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Story addendum:

In this afternoon's press conference, Cal head coach Mark Madsen addressed Tyson's denied waiver request, expressing disappointment with the decision and confidence that there is enough evidence so see a reversal of the waiver denial.

"The NCAA has set forth the criteria," Madsen said. "I've looked at the waiver material. I've been looking at it for months. And obviously, It will be extremely important for Jaylon Tyson to be granted this second waiver, not only for himself but for every other student-athlete who finds himself in a situation like this. In the future,

"As far as why a waiver is denied, I do not have the information to talk about that, because I wasn't in the decision-making room. But as far as why it should be approved, I've seen the content of the material in the waiver. And I believe that this falls within the guidelines that the NCAA has set forth,

"I'm extremely hopeful that they will (approve the appeal) because of what Jaylon experienced in previous situations, so I'm extremely hopeful that whatever reasons factored into the denial of Jalylon's waiver, I'm truly hopeful that people will look at this very objectively and say, 'Okay, we need to take a hard look because if you set this precedent, that is not a good precedent to set.'"
oskidunker
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I think what people want to know is did Cal,present additional evidence to change the ncaas decision ? Madson said he did not provide any info to the ncaa. I read that as maybe this is being done by the AD or another agency at Cal. As I assumed, it looks like Tyson clarified that the slurs were directly to him, not some unamed person . i don't want to second guess anyone, but maybe it would have been better to go in with all the information we could possibly present .hoping for the best.

Is there a separate appeals group at the ncaa or are we trying to convince ths same people that said no.There needs to be some transparency at the Ncaa at a minimum
Go Bears!
MoragaBear
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Madsen was just saying that he didn't personally contribute to the appeal. But yes, they had to be more forthcoming with the appeal which they were hoping to not have to do to draw attention to Jaylon being the direct victim
oskidunker
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MoragaBear said:

Madsen was just saying that he didn't personally contribute to the appeal. But yes, they had to be more forthcoming with the appeal which they were hoping to not have to do to draw attention to Jaylon being the direct victim


We are not the only ones upset. The Earth just let go with a big Earthquake in San Bruno, centered at the airport.
Go Bears!
philbert
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The_Ark
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The more I learn about the background on this, the angrier and more disgusted I find myself. Does anyone know who we can email or contact at the NCAA to express our disappointment?

The NCAA's primary responsibility is ostensibly to safeguard the health and welfare of student athletes.They appear to be doing the exact opposite in Jaylon's case.
oski003
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The_Ark said:

The more I learn about the background on this, the angrier and more disgusted I find myself. Does anyone know who we can email or contact at the NCAA to express our disappointment?

The NCAA's primary responsibility is ostensibly to safeguard the health and welfare of student athletes.They appear to be doing the exact opposite in Jaylon's case.


Death threats work. Ask UNC.
BarcaBear
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how exactly is racism not grounds for the voiding of a contract? How the hell did Adams walk away with $4 milliion?

also, can Jaylon Tyson sue Adams for the racist behaviour? mental trauma, etc?







calumnus
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BarcaBear said:

how exactly is racism not grounds for the voiding of a contract? How the hell did Adams walk away with $4 milliion?

also, can Jaylon Tyson sue Adams for the racist behaviour? mental trauma, etc?




Plus, officially he resigned.

It is Texas. Texas Tech is already under tremendous pressure from the governor and conservative media for being "woke" and "denying Adam's rights to free speech and freedom of religion." Even black Christian conservatives rallied to Adam's defense and attacked Tyson (his identity was unknown but guessed) saying "the Bible is the word of God, no part of it is racist and quoting it cannot be racist." If Adams had a better record last year there would have been A HUGE uproar, but since most wanted him gone for performance they are going along with it. It doesn't mean Tyson would be welcome back.

As for a lawsuit, to be filed in Lubbock with a local jurry?

Let's just get Tyson his waiver and root him on to an NBA career.
stu
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calumnus said:

As for a lawsuit, to be filed in Lubbock with a local jurry?
Can any lawyers out there tell me if a lawsuit can be filed where the plaintiff resides?
BeachedBear
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The_Ark said:

The more I learn about the background on this, the angrier and more disgusted I find myself. Does anyone know who we can email or contact at the NCAA to express our disappointment?

The NCAA's primary responsibility is ostensibly to safeguard the health and welfare of student athletes.They appear to be doing the exact opposite in Jaylon's case.
Excellent use of OSTENSIBLY:

per dictionary: "apparently or purportedly, but perhaps not actually."

If I recall my history (which may be off), the NCAA was organized to set up collegiate tournaments among various conferences and independent schools (at the time Bowl games and Invitational tournaments were the norm - think NIT).

Soon after that came coordinating Radio and TV (and subsequently revenue - when that became a thing much later).

Rule consistency was next. Then eligibility and scholarship management.

I'm not sure safeguarding the health and welfare of student athletes has EVER been part of their responsibility. They probably assume the schools and conferences take care of that. But that's just my take.

Regardless; IGNORING student well being is NEVER a good position and makes them look like ass hats.

concernedparent
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stu said:

calumnus said:

As for a lawsuit, to be filed in Lubbock with a local jurry?
Can any lawyers out there tell me if a lawsuit can be filed where the plaintiff resides?
California courts likely don't have personal jurisdiction over Texas Tech.
calumnus
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concernedparent said:

stu said:

calumnus said:

As for a lawsuit, to be filed in Lubbock with a local jurry?
Can any lawyers out there tell me if a lawsuit can be filed where the plaintiff resides?
California courts likely don't have personal jurisdiction over Texas Tech.


The more effective lawsuit would be against the NCAA, and they do "operate" in California. They would fold as soon as it is filed. They do not want another court ruling telling them they cannot use their monopoly power to "restrain trade." Especially in violation of their own rules in an example that may violate Federal legal protections against racial discrimination. Just a lose-lose case for them.
bearsandgiants
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You want to really make news, just put him into the game, waiver or not.
oskidunker
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So we are at the end of the week and no news. Not good.
Go Bears!
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