- Associated Press - Friday, October 7, 2011

COLUMBUS, OHIO (AP) - The NCAA suspended Ohio State wide receiver DeVier Posey for five more games Friday _ leaving him with only two regular-season games in his senior season _ and three other Buckeyes for one game for taking too much money for a summer job.

Posey’s attorney said he was incensed at the penalty. In response, the NCAA called Columbus lawyer Larry James‘ contentions “patently false.”

Offensive lineman Marcus Hall, defensive lineman Melvin Fellows and last year’s leading rusher, Daniel Herron, will miss this week’s game at No. 14 Nebraska on Saturday. They also must repay benefits after receiving pay for work not performed from booster Bobby DiGeronimo, who has been banned from any further contact with Ohio State athletes.

Posey, already forced to sit out the first five games, will not return until Ohio State’s home game against Penn State on Nov. 19. He will be able to play against the Nittany Lions and also the following week, the annual matchup with archrival Michigan that concludes the regular season.

“I am extremely disappointed with the NCAA’s decision regarding Devier Posey,” Ohio State athletic director Gene Smith said in a statement. “This penalty is harsh considering the nature of the violation and the five-game suspension already served by this student-athlete.”

James, Posey’s attorney, was angry at the severity of the penalty.

“I’ve been doing this for 30 years and I have not had anything that I think has incensed me more,” James said.

According to the NCAA, Posey was overpaid $728. Herron and Fellows both accepted approximately $290 in excess pay while Hall received $230 in overpayment.

Posey and Herron already had been suspended five games for accepting cash and tattoos from a Columbus tattoo-parlor owner.

All but Posey will be available to play at Illinois a week from Saturday, although Fellows is out with a medical issue.

In its decision, the NCAA noted the overpayment occurred over an extended period of time.

James said he had records which proved that the players worked and were not substantially overpaid.

“My hard evidence and common sense and logic from 30-plus years of practice tells me (the NCAA’s decision) is not supported by sound, reliable information and documentation,” he said. “We were able to document that all these players had worked the hours that they had said. Even if we were to concede where there might be holes, less than five hours are in dispute. That takes them under 100 bucks. In DeVier Posey’s situation, (the NCAA) just absolutely disregarded evidence that any person with common sense would accept. Why they did it, I do not know.”

The NCAA lashed out in response to James‘ contentions.

“These statements are patently false,” NCAA spokeswoman Stacey Osburn said. “To ensure a fair process for the involved student-athlete, each reinstatement decision is determined based on its own merits. The staff carefully reviews all information that the university puts forward during the reinstatement process. Posey’s (suspension) is based on his own actions and responsibility for the violation.”

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