But after raising $4,500, enough to cover almost half the cost of Mitchell's funeral, Fineberg stopped. An OU compliance officer told him his actions would constitute an NCAA rules violation against the Sooners.
Now, Mitchell's mother likely will never receive that money.
That money is considered illegal financial assistance under NCAA rules because Mitchell's brother is a sophomore fullback at Westfield High School in Spring, Texas, and because Fineberg is an OU fan who attends Sooner football games and solicited donations through an OU fan Web site.
"I think it's wrong,” said Fineberg, an Oklahoma City native who graduated from Heritage Hall in 1995 and lives in Houston. "Mitchell's mom is a single mother, and I just wanted to help the family out.
"I was just starting to get it rolling, too.”
OU spokesman Kenny Mossman said the an official with the university's compliance office contacted Fineberg on Monday asking to him halt his fundraising efforts until the OU received a rules interpretation from the NCAA. That interpretation came Tuesday.
"This is not a permissible expense for OU or someone who could be construed as an OU supporter,” said Mossman, an associate athletic director for communications. "We're not trying to be the bad guys, but we have to play by their rules.”
OU could apply for a waiver that would allow Fineberg to resume his fundraising and allow the Mitchell's family to receive the money, an NCAA official said late Tuesday.
"We would consider that if the university chose to go down that avenue,” NCAA spokesman Erik Christianson said.
Herman Mitchell, 17, was on his way to Westfield for a football scrimmage last Friday afternoon when a fight broke out between Mitchell and 19-year-old Emile "Rusty” Lewis over ownership of a dog, according to police.
Police said Lewis went to his apartment and returned with a rifle, shooting Mitchell several times and killing him.
Police have arrested Lewis and charged him with murder.
Coming into this season, Mitchell was regarded as one of the top high school football players in Texas.
The 6-foot, 200-pound outside linebacker had several college scholarship offers but chose the Sooners in June.
Fineberg, who graduated from the University of Houston-Downtown, received donations from posters on the Sooner fan Web site, OUInsider.com, and used "HermanMitchellOUSooners.pledgepage.org” as his Web address. He said he expected to raise at least $10,000, which would've covered the costs of Mitchell's funeral.
Fineberg said since he's been asked to stop raising money, he's had to turn down donation offers from Houston's Heisman Trophy winner, Andre Ware, and a player from the NFL's Houston Texans.
"I understand that rules shouldn't be broken,” said Fineberg. "But I don't understand this rule.”
Last month, the NCAA imposed sanctions on OU after an investigation revealed that three football players, including starting quarterback Rhett Bomar, had received payment for work they had not done at Big Red Sports and Imports, a Norman car dealership.
"I'm trying to do the right thing,” Fineberg said. "But I don't want to put the university in trouble.”
Now, Fineberg is working OU's compliance office to figure out what to do with the money.
If Fineberg doesn't refund his donors, he might be able to give it to the Texas High School Coaches Association benevolence fund, which Fineberg said already gave $3,000 to Mitchell's family for funeral expenses.
But Fineberg's money would go to a general fund and not to Mitchell's family.
The other option being discussed is creating a scholarship in Mitchell's name in cooperation with the OU club of Houston.
But first, Fineberg's donors would have to agree with how their money is used. And in either scenario, the money wouldn't reach Mitchell's family.
"The plan was for it all to go to his family with no stipulations,” said Fineberg, who originally was going to collect funds until Oct. 1, then present the money to the Mitchell family on Oct. 5. "Now, they won't get it, just because Herman had a younger brother.
"And that's unfortunate.”
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I guess I didn't get on the old box in time to see the bashing, but why are we throwing stones at each other when it's the NCAA rules that are causing the problem. We need rules, but the NCAA seems to have taken the bit in it's mouth and run away with it's rule making. I guess they feel like our politicians i.e. they must show some work or we might think there not doing their job. This is a needy family. Has nothing to do with recruiting or football, just taking care of someone in need.
I worked at OU for 5 years, and attended OSU (boy was that a mistake!) so go ahead and add me to the troll list. OU and OSU have never done me any favors. I'm a Bowling Green fan.
Hey bucko!!! My alumni donations paid for those ads!!!
Seriously, Kevin, would you like to be added to the troll list???
In my opinion the Daily Oklahoman isn’t a world class paper, but they aren’t ignorant. If they are running those type ads, they were paid for because the Gaylords don’t give free lunches.You knew that already.I’m stuck with the D.O./newsok.com because I live in Baja Oklahoma, so I make it work.
Well said Mitch. You notice Kurt didn't dispute what you said, just called you names. Usually when someone resorts to name calling it is because they have lost the debate. Don't pay any attention to Danny, as he is a bitter man because his team is on the losing end of the most lopsided rivalry in America, if you can even call it a rivalry. What is really sad about this is they are using this story to bash OU when it is about someone trying to help someone else who is in need.
Hey you all...OU is the greatest instution in the free world. If you don't believe me just open The Oklahoman and look at the full page ads they have placed. It tells you right there...see...OU is the greatest.
Screw the NCAA!! Who do they think they are? They cannot tell private citizens who are not associated with the university what to do. All of you who tell this man to stop his efforts are gutless. This is America not Russia. Does anyone remember "NATIONAL COMMUNIST AGAINST ATHLETES"?
Has anyone else noticed that it is always the same trolls that come to this forum to bash OU? Duh-Danny and his cockroach Chris must have an internet scanner that goes off when any OU story is printed. I think it’s called “get an effing life.”
The Fineberg guy solicited through a “OU fan website”? What does the NCAA have to do with a fan website? Do you have to show a receipt for OU games or donations to the athletic department to post on this site? Of course not!!! If there are indeed NCAA rules allowing them to jam their schnozzes where they don’t belong, flush them. It would be great (won’t happen though) if this story would turn the entire country against these brainless twits at the NCAA and bring them down and they could take a hike, pun intended.
I think the people bashing OU in this situation are completely rude, and you need to grow up. This is about a kid that lost his life, and a human being trying to raise money for a family in need of money for funeral expenses. It makes me sick that you bring up things like "Most Sooners don't understand the rules, especially when it applies to them. Most Sooners don't care about the rules if breaking them means winning football games" and "I myself hopes he does not stop I would like to see OU get in trouble some more." Grow up people. Regardless what he supports, the guy is trying to help the family, and it's very awesome!! And what Dave said below me, well said. Put Bedlam aside and let's help out people in need.
I am an OSU graduate and fan. This is a hurting family who needs help. It would be nice if an OSU fan reading this would start up a drive to help this family. Put Bedlam aside to help these people.
Goodness gracious. Bashing OU, then inturn bashing of OSU. This is ridiculous! This has nothing to do with OU Football or OSU Athletics. This issue has to do with a guy who likes to attend OU games, raising money to defray costs for the funeral of an OU Football recruit who was killed in an unfortunate, and tradgic way. The young man who collected the money is in no way connected to the University other than the purchase of tickets for games and raising money on a fan website. He is not an alumni or a member of an alumni association, therefore legally not attached to the University of Oklahoma in any way. The NCAA should really wake up and let the man give the money to the family, a single mother raising 2 kids needs all the help she can get, especially under the circumstances. It's pitiful the NCAA can't see this and make an exception to the rule, without the University having to spend money to file for a waiver.
Mind boggling! Chris says that OU is a laughing stock to many for being cheaters. OU is a laughing stock to many, for many reasons, who cares? Laugh all you want. Many schools are laughing stocks to many people for many reasons. Danny says most Sooners don't care about the rules, I guess that means he knows "most of the Sooners" or perhaps he is telepathic and can read hundreds of thousands of people's minds. You missed at least one of them buddy!!! Mine! Jeffrey is right, this story has nothing to do with OU football. This young man was simply trying to do something out of the goodness of his heart. It is an absolute tragedy what happened in Houston and my heart goes out to the family. I say good for you Fineberg! You did a good thing!
Nothing like moral superiority from Orange! When OSU stops endangering the lives of innocent Oklahomans because it loves the Suttons and tolerates this culture of drinking underage, driving drunk and lying to get into bars I may listen. This same "school" welcomes drug dealers, gang-bangers and has a player accused of molesting a 14 year old girl. They have 3 major football probations and boasted of Dexter Manley who after 4 years at state couldnt read a McGuffee reader. They hired Sutton after a huge scandal in Kentucky and a known alcohol problem. This scandal involved accusations of payola as well as the accusation that Sean Sutton may have "assisted" Johnny Pittman in raising his ACT score from 3 to 21 ! Even if these stories are untrue OSU does not avoid the " appearance of impropriety." Now OSU has sold its soul to T. Boone Pickens who is carrying the load. This will lead to probation within 3 years. Do you really think Bobby Reid would be kicked off the team the way Bomar was under similar circumstances? Last I saw Big Orange welcomed a drug dealer to its basketball team after concluding he was a "great guy"... this great guy showed real loyalty didnt he? When Orange needed his senior leadership ( poor) he bolted to the NBA where he was a mighty second round pick.. A stupid idea. Go pokes!
May I suggest a possibility? Let Mr. Fineberg go on the UT website, solicit donations for the funeral expenses, transfer the current funds to that UT website, and let the NCAA sort it out. If there is then some kind of infraction it will be against UT and that will satisfy Mr. Fineberg, OU Sooner fans, the Mitchell family and the NCAA. About the only people who won't like it will be UT people, and who cares? They are scheduled for a funeral in October anyway.
Jeffery is right, The guy graduated from the University of Houston-Downtown, he just likes OU and attends games. So if he can't collect donations and give it to the family, then how can those that donate the money give it to the family if it is returned. Wouldn't that be the same thing?
The NCAA (College Mafia) and see that this is just one guy trying to help out the family.
The only reason this has to do with OU is because the kid was going to come to OU and has a younger brother that in the future could come to OU. So does that mean that someone from the TEXAS A&M can't get donations and give it to the family, they are apart of the BIG XII?
Stupid rule!!! Wake up NCAA!!!
It's amazing how far some of you will go to bash OU. This story has nothing to do with OU or football, yet some of you are so blinded by hate that you turn it into something ugly. You really should be disgusted with your pathetic display. This story is about a sensless tragedy and a man who is trying to help a family that is struggling emotionally and financially. Did you notice that the guy raising money didn't even go to OU and isn't connected to OU or did your reading comprehension fail you?
Most Sooners don't understand the rules, especially when it applies to them. Most Sooners don't care about the rules if breaking them means winning football games.
At least the university stopped this one before it got caught again.
I myself hopes he does not stop I would like to see OU get in trouble some more I feel sorry for the family but he went about it the wrong way by using a fan site that the compliance dept. watches
I think it is stupid to stop the donations. So is it against the rules to have someone else do it then besides Finebery? Like a relative of the family or his mother or brother. I have always believed in the rule: If theres a WIll theres a WAY! It's for a funeral for heavens sake.
This is pushing it. There has to be rules for money and donations, I understand that. However, because he has a younger brother that might play in college, that is a really stupid reason. These people that donated money expected it to go to the family and nothing in return. That should be enough to allow it, they aren't trying to use it to convience his brother to go to OU or anything like that. Funerals can be very expensive and a difficult time. Politics play a role in charity now I guess.
You have to draw the line somewhere even though OU has leaped across that line many times. You ARE talking about a school that apparently didn't think they needed to look hard at the employment arrangements of many players, including their starting QB, at a freaking car dealership run by a jock-sniffing booster named after the football team. OU is a laughingstock to many people in the country for being cheaters.
If it is wrong for caring fans to help someone in need then let the NCAA, who exists as a result of the fans money anyway, take care of this situation. Sadly however, it is not likely that the NCAA will do such.
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Seriously, Kevin, would you like to be added to the troll list???
In my opinion the Daily Oklahoman isn’t a world class paper, but they aren’t ignorant. If they are running those type ads, they were paid for because the Gaylords don’t give free lunches.You knew that already.I’m stuck with the D.O./newsok.com because I live in Baja Oklahoma, so I make it work.
The Fineberg guy solicited through a “OU fan website”? What does the NCAA have to do with a fan website? Do you have to show a receipt for OU games or donations to the athletic department to post on this site? Of course not!!! If there are indeed NCAA rules allowing them to jam their schnozzes where they don’t belong, flush them. It would be great (won’t happen though) if this story would turn the entire country against these brainless twits at the NCAA and bring them down and they could take a hike, pun intended.
The NCAA (College Mafia) and see that this is just one guy trying to help out the family.
The only reason this has to do with OU is because the kid was going to come to OU and has a younger brother that in the future could come to OU. So does that mean that someone from the TEXAS A&M can't get donations and give it to the family, they are apart of the BIG XII?
Stupid rule!!! Wake up NCAA!!!
Let them donate to the family themselves.
At least the university stopped this one before it got caught again.