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College Sports Law Blog



Houston Nutt v. Ole Miss: Dismissed for Lack of Subject Matter Jurisdiction

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Written by Christian Dennie   
Thursday, 10 August 2017 14:33

On July 12, 2017, Houston Nutt (“Nutt”) filed a lawsuit against Ole Miss Athletics Foundation, the University of Mississippi, and the Board of Trustees for Institutions of Higher Learning (collectively “Ole Miss”) alleging Ole Miss breached his separation agreement and breached its obligation of good faith and fair dealing.  The focus of Nutt’s claims pertains to various statements purportedly made by former Ole Miss head football coach Hugh Freeze that indicated various NCAA violations were attributable to Nutt, which Nutt claims are false and in violation of the nondisparagement provision of his separation agreement.

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The NCAA Committee on Infractions Has Spoken: Grambling State University

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Written by Christian Dennie   
Tuesday, 08 August 2017 20:50

The NCAA Committee on Infractions (“Committee” or “Panel” or “COI”) recently issued its findings and found that Grambling State University (“GSU” or “Institution”) committed violations of NCAA legislation.  This case involved five Level II violations at GSU.  Generally, those violations fell into two categories: (1) improper certifications and (2) well-intentioned but incautious recruiting violations in the women's track program. COI considered this case through the cooperative summary disposition process in which all parties (the institution, the named individual coaches and the NCAA enforcement staff) agreed to the primary facts and violations, as fully set forth in the summary disposition report (“SDR”). Based on the current penalty guidelines to prescribe appropriate penalties, the Panel proposed additional penalties to the Institution and the assistant and head track coaches. The coaches accepted the additional penalties related to their conduct, therefore they do not have an opportunity to appeal. The Institution, via written submission to the Panel, challenged its additional penalties. After considering the Institution's submission, the Panel determined the penalties are appropriate and consistent with the penalty guidelines and past cases. The Institution has the opportunity to appeal the penalties.

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NCAA Division I Infractions Appeals Committee: University of Mississippi, Former Head Women’s Basketball Coach

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Written by Christian Dennie   
Tuesday, 25 July 2017 21:37

On October 7, 2016, the Committee on Infractions (“COI”) issued its report in which COI found violations of NCAA legislation in the women’s basketball program. On the basis of those findings, COI determined this was a major infractions case and imposed penalties accordingly. The case related to the women's basketball program centered on violations of NCAA bylaws governing academic fraud, unethical conduct, impermissible contact and head coach's responsibility.

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The Pennsylvania State University v. Robert H. Shoop: Suit Regarding Liquidated Damages in a Coach's Employment Agreement

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Written by Christian Dennie   
Wednesday, 05 July 2017 18:11

On March 6, 2015, Penn State entered into an Employment Agreement (“Contract”) with Shoop to serve as the Defensive Coordinator for the Penn State football team.  The Contract provided for a term of employment from January 8, 2015 through February 15, 2018.  On January 10, 2016, Shoop resigned from his position at Penn State to accept the Defensive Coordinator position with the University of Tennessee.  According to Section 6 of the Contract, Shoop agreed to pay a buyout, which included liquidated damages in the amount of fifty percent (50%) of Shoop’s remaining base salary.  Following Shoop’s resignation, Penn State requested, in writing, that Shoop make the payment under the terms of the Contract.  According to the Complaint, Shoop has failed and refused to do so.  Due to Shoop’s purported failure to make payment in accordance with Section 6 of the Contract, Penn State filed a breach of contract claim seeking recovery of $891,856.00.

Read more... [The Pennsylvania State University v. Robert H. Shoop: Suit Regarding Liquidated Damages in a Coach's Employment Agreement]
 

The NCAA Committee on Infractions Has Spoken: Sam Houston State University

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Written by Christian Dennie   
Monday, 26 June 2017 19:13

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Sam Houston State University (“SHSU” or “Institution”) committed violations of NCAA legislation.  The case involved the women's tennis program at SHSU and centered primarily on recruiting and extra benefits violations by the former head women's tennis coach. The Panel considered this case through the cooperative summary disposition process in which all participating parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (“SDR”). The Panel proposed additional penalties to the Institution and the former head coach. The Institution agreed to the proposed penalties and therefore has no opportunity to appeal. The former head coach did not respond to the Panel's letter notifying him of the proposed penalties. Accordingly, he also has no opportunity to appeal.

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The NCAA Committee on Infractions Has Spoken: University of Louisville

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Written by Christian Dennie   
Friday, 16 June 2017 17:52

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that the University of Louisville (“UL” or “Institution”) committed violations of NCAA legislation.  This case involved the men's basketball program at UL. It centers on a former director of men's basketball operations arranging for strippers and prostitutes to provide striptease dances and/or sex acts for 17 prospective and/or enrolled student-athletes, two nonscholastic basketball team coaches and a friend of one of the prospects. Some of the prospects were minors.

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The NCAA Committee on Infractions Has Spoken: Seattle Pacific University (Division II)

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Written by Christian Dennie   
Monday, 08 May 2017 18:45

The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that the Seattle Pacific University (“SPU” or “Institution”) committed major violations of NCAA legislation. This case involved the women's soccer program at SPU and centered on the former head women's soccer coach's financial mismanagement of institutional soccer camps. The parties agreed that this case involved violations of NCAA financial control, recruiting and personnel legislation, all of which demonstrated the former head coach's failure to promote an atmosphere for compliance and the institution's failure to monitor the women's soccer program.  The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (“SDR”). The Committee proposed additional penalties to the Institution and the former head coach. The Institution agreed to the additional penalties proposed by the Committee and therefore has no opportunity to appeal. The former head coach contested his additional penalty at an expedited hearing. The Committee retained the contested penalty, which the former head coach has the opportunity to appeal.

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The NCAA Committee on Infractions Has Spoken: Lenoir-Rhyne University (Division II)

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Written by Christian Dennie   
Monday, 08 May 2017 18:24

The NCAA Committee on Infractions (“Committee,” “Panel,” or “COI”) recently issued its findings and found that the Lenoir-Rhyne University (“LRU” or “Institution”) committed major violations of NCAA legislation. The case centered on recruiting violations that led to unethical conduct by former members of the men's basketball coaching staff. The case also involved a failure to promote an atmosphere for compliance by the former head men's basketball coach.  The Committee considered this case through the cooperative summary disposition process in which all parties agree to the primary facts and violations as fully set forth in the Summary Disposition Report (“SDR”). However, the two involved individuals in this case, the former head men's basketball coach and a former assistant coach, refused to be interviewed by the NCAA enforcement staff and failed to participate in the processing of this case. Because the Institution agreed to the violations and penalties, and the two involved coaches did not participate in the case, none has the opportunity to appeal.

Read more... [The NCAA Committee on Infractions Has Spoken: Lenoir-Rhyne University (Division II)]
 

The NCAA Committee on Infractions Has Spoken: Florida International University

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Written by Christian Dennie   
Tuesday, 02 May 2017 15:38

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Florida International University (“FIU” or “Institution”) committed violations of NCAA legislation. This case involved the now-former head women's basketball coach providing an impermissible cash benefit to a student-athlete at FIU. The Panel considered this case through the cooperative summary disposition process in which all parties agreed to the primary facts and violations, as fully set forth in the summary disposition report (“SDR”). The Panel accepted the Institution's self-imposed penalties and corrective actions, and proposed additional penalties to the Institution and for the actions of the former head coach. Both the former head coach and Institution objected to the proposed additional penalties. Following an expedited penalty hearing, the Panel retained the contested penalties. Therefore, both the Institution and former head coach have the opportunity to appeal those penalties.

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Oklahoma Governor Signs Law that Allows Universities to Sue Boosters and Agents

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Thursday, 27 April 2017 19:04

Oklahoma Governor Mary Fallin signed a bill that will allow colleges and universities to sue boosters and agents who cause colleges and universities to incur athletic sanctions from the NCAA (or other governing body). Senate Bill 425 states:

Last Updated on Thursday, 27 April 2017 19:11
Read more... [Oklahoma Governor Signs Law that Allows Universities to Sue Boosters and Agents]
 
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