Kostelac Possibly Transferring

[akronzips71]

5 hours ago, NWAkron said:

I didn't say it was legal.  I said it is difficult to prove, especially in this context where his alleged poor treatment may have been because of his playing skills and not his race.  The university and the athletic director would have to handle the first situation and the courts would address the second.

I agree.
Very hard to prove.

However lawyers don't usually take cases without an expectation of making money, so we don't know what they have.

[clarkwgriswold]

Summary judgment is unlikely as there are likely to be  genuine issues of material fact left after discovery in a case like this.  Also, any strategy by the University to place the blame on Groce would be foolhardy as he's clearly an agent of the university while conducting practice.

[NWAkron]

44 minutes ago, clarkwgriswold said:

Summary judgment is unlikely as there are likely to be  genuine issues of material fact left after discovery in a case like this.  Also, any strategy by the University to place the blame on Groce would be foolhardy as he's clearly an agent of the university while conducting practice.

correct.  I was thinking of a judgment on the pleadings.  In his complaint, I didn't see the connection between the alleged discrimination and the injury.  And this forum "the court of claims" is quite conservative in its application of the law to facts.   If Mark was treated badly and unfairly for whatever reason, I hope the university will settle the case with him maybe with a non-disclosure clause.

[dre22era]

Groce should be fired. 

Negligence 

[Zipmeister]

5 hours ago, NWAkron said:

correct.  I was thinking of a judgment on the pleadings.  In his complaint, I didn't see the connection between the alleged discrimination and the injury.  And this forum "the court of claims" is quite conservative in its application of the law to facts.   If Mark was treated badly and unfairly for whatever reason, I hope the university will settle the case with him maybe with a non-disclosure clause.

 

All this lawyer talk is getting me excited.

My belly button won't stop puckering and unpuckering.

[akronzips71]

6 hours ago, NWAkron said:

correct.  I was thinking of a judgment on the pleadings.  In his complaint, I didn't see the connection between the alleged discrimination and the injury.  And this forum "the court of claims" is quite conservative in its application of the law to facts.   If Mark was treated badly and unfairly for whatever reason, I hope the university will settle the case with him maybe with a non-disclosure clause.

Not sure there would be a judgement before discovery. He is not suing over the injury, although I am certain that will be an issue in the case.

Let's see who shows up for depositions and what they have to say.

We have no idea if Mark had made a complaint to the coach (or anyone else) prior to the incident. And no idea what the teammates would say.

This is still in the what if stage.

[Zipmeister]

7 minutes ago, akronzips71 said:

Not sure there would be a judgement before discovery. He is not suing over the injury, although I am certain that will be an issue in the case.

Let's see who shows up for depositions and what they have to say.

We have no idea if Mark had made a complaint to the coach (or anyone else) prior to the incident. And no idea what the teammates would say.

This is still in the what if stage.

 

More, More, More I'm almost there.

[dre22era]

The discrimination aspect of this case is BS and the kid will need a prayer to prove that in court.

But for Groce and his staff to allow a kid to leave the scene with his extent of injuries is gross negligence that puts the program and university in a bad light and will greatly negatively effect recruiting. No way in hell I'm sending my son in that environment. Clean House 

[clarkwgriswold]

Groce dismissed as a party as he is not a state agent or instrumentality-

 

https://ohcourtportal.tylerhost.net/Portal/DocumentViewer/Index/VfOmq1UgUtYMYckZMz3Zh8yNGJlfHyssUuYPBS6e1BxVfUgdF7fFjUkIl-VwgVXfbMu_XcUZ0lkLtJOaGVEkZI31TOSgnsyqn4qskwyXvoBPZtkYxb91_ooR2iZt1RmM0?p=0

[ZipsVoice]

?

[bigjim]

Does anyone have an update on the status of this situation and lawsuit?

[clarkwgriswold]

31 minutes ago, bigjim said:

Does anyone have an update on the status of this situation and lawsuit?

 

Still pending in the Court of Claims.  Groce was dismissed as a party a while back.  Recently, the magistrate recommended dismissing the discrimination and intentional infliction of emotional distress claims, leaving only the negligence claim.  It's not scheduled for trial until June of 2021.

[1981 grad]

I saw this topic and wondered what type of year he had at Walsh.   Did not start any games and only averaged 10 minutes per game.  I thought he would play better in a lower division.  Maybe next year he will improve.

[clarkwgriswold]

9 hours ago, 1981 grad said:

I saw this topic and wondered what type of year he had at Walsh.   Did not start any games and only averaged 10 minutes per game.  I thought he would play better in a lower division.  Maybe next year he will improve.

 

He's 22 years old and going into his 5th season of post high school basketball (IMG, Akron, Akron, Walsh).  Not likely.  He may get more minutes due to experience in the program and improve his numbers, but at this point he is what he is.

[kreed5120]

It makes those comments a select few posters made about how big of a loss he was when he transferred because he's 7' all that more comical. Height certainly helps, but I'd take a 6'7 skilled big over an uncoordinated 7' big any day of the week.

[clarkwgriswold]

6 minutes ago, kreed5120 said:

It makes those comments a select few posters made about how big of a loss he was when he transferred because he's 7' all that more comical. Height certainly helps, but I'd take a 6'7 skilled big over an uncoordinated 7' big any day of the week.

 

I never understood the infatuation.  I admired him for his effort in helping the team through a very difficult season in Groce's first year here but he was always very limited in what he could bring to the court.  Some kids rise to their level of competition.  He's fallen to his in D3. 

[Zip JD]

30 minutes ago, clarkwgriswold said:

 

I never understood the infatuation.  I admired him for his effort in helping the team through a very difficult season in Groce's first year here but he was always very limited in what he could bring to the court.  Some kids rise to their level of competition.  He's fallen to his in D3. 

I cannot recall watching any player who could pick up fouls as quickly as Kostelac.  I saw him get 2 fouls in 6 seconds once which has to be an NCAA record.  Added to his slow footwork and poor technique was his fondness for pushing in the back, grabbing opponents as they ran down court and setting moving picks that frequently included sticking his legs out to trip opposing players.  All of this was accompanied by constant jawing at the refs as he contested every foul call.  I have no ill will towards him and I am sorry he had such as horrible end to his time as a Zip, but from what I saw on the court I am not surprised he is a non-factor at Walsh.  

 

For those who have been around the program for a while, who remembers Steve Swiech?  He was a 6' 9', 270 pound earth-bound 12th man who only saw the floor during extreme garbage time.  He transferred out of the program his senior year (with Dambrot's blessing) as a grad transfer.  He too was headed for Walsh, but instead went to California of PA to play for the Vulcans.  He had much less talent and ability than Kostelac, but he never stopped hustling and working.  I believe he was a team leader for the Vulcans in points and rebounds his one year there.  I hope Kostelac figures it out and has a great senior season, but his issues seem to be more than level of competition.  

[1981 grad]

I usually trust Groce's judgment on player situations but in Groce's first year in our first playoff game in Cleveland we were down a few points in the last minute and we had a free throw.  Groce substituted Klac for Patton.  I went crazy.  Patton was a hustler and had come up with several offensive rebounds off of missed free throws.  In the last minute we needed that rebound if there was a miss.  Our player missed the rebound and Klac was running down the floor to play defense and did not go for the offensive rebound.  The next offensive possession we threw the ball to Klac and it went threw his hands and game was over.  I do not blame Klac.  Groce should never had made the substitution.   I just did not feel like Klac had great instincts for basketball and that is why he was always a step slow at division 1 basketball.  I wish him the best next year and hope he is a starter for Walsh.

[clarkwgriswold]

He is 7'0" tall.  He was never more than honorable mention in the North Coast Conference.  That's really all you need to know.

Edited May 26, 2020 by clarkwgriswold

[Captain Kangaroo]

56 minutes ago, Zip JD said:

For those who have been around the program for a while, who remembers Steve Swiech?  He was a 6' 9', 270 pound earth-bound 12th man who only saw the floor during extreme garbage time.  He had much less talent and ability than Kostelac,

I would disagree.

 

Steve Sweich:

Elizabeth Forward High School: Associated Press All-Pennsylvania First Team Class AAA choice as a senior ... averaged 24.6 points, 12.0 rebounds and 3.0 blocks during his senior campaign ... scored 30 points or more eight times as a senior and 22 times during his scholastic career ... compiled 1,920 career points ... three-time First-Team All-Section 4-AAA choice and was twice named as a Pittsburgh Post Gazette South Fab 5 ...  Associated Press All-State Class AAA Third Team, WPIAL Player of the Year and a WPIAL Class AAA First Team choice as a junior ... scored 27.0 points-per-game, grabbed 13.0 boards-per-game and managed 4.0 blocks-a-contest during his junior year ... also earned the McKeesport Daily News and Pittsburgh Post Gazette Player of the Year awards, and was listed in the Pittsburgh Tribune-Review Terrific 10 as a junior ... three-year varsity starter and was a part-time varsity performer as a freshman.

 

Mark Kostelac - 

2016 News Herald honorable mention squad

[zippy5]

Sweich was a pretty decent get for us when he committed IIRC

[Let'sGoZips94]

He's quick! He's slick! He'll knee you in the WHOOP! STEVE SWEICH! STEVE SWEICH!

 

Easily one of the nicest and brightest guys to ever wear a Zips uniform. 

Edited May 26, 2020 by Let'sGoZips94

[Zip JD]

6 hours ago, Captain Kangaroo said:

I would disagree.

 

Steve Sweich:

Elizabeth Forward High School: Associated Press All-Pennsylvania First Team Class AAA choice as a senior ... averaged 24.6 points, 12.0 rebounds and 3.0 blocks during his senior campaign ... scored 30 points or more eight times as a senior and 22 times during his scholastic career ... compiled 1,920 career points ... three-time First-Team All-Section 4-AAA choice and was twice named as a Pittsburgh Post Gazette South Fab 5 ...  Associated Press All-State Class AAA Third Team, WPIAL Player of the Year and a WPIAL Class AAA First Team choice as a junior ... scored 27.0 points-per-game, grabbed 13.0 boards-per-game and managed 4.0 blocks-a-contest during his junior year ... also earned the McKeesport Daily News and Pittsburgh Post Gazette Player of the Year awards, and was listed in the Pittsburgh Tribune-Review Terrific 10 as a junior ... three-year varsity starter and was a part-time varsity performer as a freshman.

 

Mark Kostelac - 

2016 News Herald honorable mention squad

I guess I did sell Steve a little short.  I remember the write ups when he was coming into the program; however, you have to admit he was the last big on the bench and never resembled any of the comments listed above during his time with us.  Steve never advanced on the Zips depth chart and would have finished his time with the Zips as the 12th man had he stayed for his last year.  Kostelac had a year at IMG under his belt when he arrived and displayed a drop step move his first year that we never saw from Steve.  Unfortunately, we never saw much from him either.

 

I will agree Steve was one of the best kids to come through the program.  

[Zip JD]

2 hours ago, Let'sGoZips94 said:

He's quick! He's slick! He'll knee you in the WHOOP! STEVE SWEICH! STEVE SWEICH!

 

Easily one of the nicest and brightest guys to ever wear a Zips uniform. 

Without question a great kid who I believe is a teacher and hoops coach.  Probably the most popular teacher in his school.  

[Spin]

8 hours ago, clarkwgriswold said:

He is 7'0" tall.  He was never more than honorable mention in the North Coast Conference.  That's really all you need to know.

 

There is a tendency for 7'0+ men to be more Herman Munster than Shaq O'Neal.