College Sports Law Blog

A lawsuit filed by two alleged victims of Bernie Fine against Jim Boeheim has been dismissed.  Judge Brian DeJoseph of the New York Supreme Court (in New York this is a trial court) in Onondaga County has dismissed the suit by stating the comments made by Boeheim “were likely to be an opinion—a biased passionate and defensive point of view of a basketball coach—rather than objective fact.”  The alleged victims’ counsel, Gloria Allred, has indicated they will appeal the decision.

Following the settlement agreement executed by West Virginia University (“West Virginia”) and The Big East Conference (“Big East”), the University of Pittsburgh (“Pitt”) has filed suit against the Big East seeking to be released prior to the twenty-seven month waiting period specified in the Big East Bylaws.   Pitt argues that the Big East knowingly and intentionally waived any right to enforce the twenty-seven month withdrawal period by failing to require TCU to abide by the withdrawal period.  Similarly, Pitt argues that the Big East also waived its right to enforce the withdrawal period by allowing West Virginia to buyout the remainder of the withdrawal period.  Further, Pitt argues that the Big East has never required any school to provide twenty-seven months’ notice of withdrawal from the conference.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of South Carolina (“USC”) committed major violations of NCAA legislation.  The infractions in this case were limited and centered on two separate, unrelated set of circumstances, which resulted in NCAA violations: 1) student-athletes living in a local hotel at what proved to be a discounted rate; and 2) the impermissible involvement of two representatives of the institution’s athletics interests in the institution’s football and men’s basketball recruiting efforts and the provision of extra benefits by the two athletics representatives.  There was also a concomitant failure to monitor by the institution relating to the involvement of the two athletics representatives.

There has been consistent discussion about the possibility of MLB funding scholarships for baseball student-athletes, which could possibly raise baseball scholarship limits from 11.7 to a greater number.  The details of this possibility appear to be a work in progress and have been described as “exploratory”.  In return, MLB may have a greater say in other aspects of college baseball like the use of wooden bats and MLB teams providing coaches and instructors for the top summer leagues.  On the other hand, the NCAA has to balance these wonderful additions to college baseball against the time honored traditions of amateurism, which have evolved substantially overtime.  Indeed, some of the amateurism legislation allows student-athletes to accept prize money and play with professionals within certain parameters.  Another discussion point will be how to balance additional baseball scholarships, equipment, and coaching that is not available to female counterparts.  Title IX is a major consideration.

Shortly after filing suit against George Huguely, the mother of former women’s lacrosse player Yeardley Love filed suit against Dom Starsia, Marc Van Arsdale, and UVA athletics director Craig Littlepage.  In her lawsuit, she seeks $29.45 million in damages and claims that UVA coaches and administrators ignored Huguely’s volatile behavior including attacks on other women, frequent intoxication, and prior attacks on Love.  Specifically, the complaint states “[i]t is well known to the players and coaches on the UVA men’s and women’s lacrosse teams that Huguely’s alcohol abuse and erratic, aggressive behavior was increasingly getting out of control, especially his obsession with Love and his aggressiveness and threats to Love.”  The lawsuit further claims that UVA failed to discipline Huguely or request that he seek treatment despite knowledge of such erratic behavior.

After years of fighting, arguments, lawsuits, and legislation, the battle over the use of the name Fighting Sioux may very well be coming to an end.  The members of the Spirit Lake and Standing Rock Sioux tribes filed suit against the NCAA seeking $10 million and a reversal of the NCAA’s policy banning the use of Native American images, likenesses, and names.  In turn, the NCAA filed a motion to dismiss stating the tribes lacked standing and their claims were unsupported by facts.  U.S. District Court Judge Ralph Erickson agreed with the NCAA and stated the tribes are not participants in the market allegedly restrained by the NCAA and, therefore, dismissed the tribes’ claims.

The State of Minnesota has joined a growing number of states that will allow alcohol to be sold at intercollegiate athletics contests.  Originally, the University of Minnesota only wanted to provide for the sale of alcohol in suites, but the Minnesota legislature said alcohol should be sold throughout the stadium or not at all.  After showing a decline in suite revenue, the issue was taken back to the legislature and approved by a wide margin.

Former Grambling State University (“GSU”) and NFL quarterback and current GSU head football coach Doug Williams has filed suited against his alma mater and employer for breach of contract.  According to media reports, Williams is owed $40,000.00 in bonuses for guiding GSU to a SWAC championship.  At present, Williams and his staff have not been paid such bonuses.  Williams indicated in court filings that GSU agreed to pay earned bonuses if he would sign a reduced new contract.  The suit seeks both actual damages and punitive damages.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Baylor University (“Baylor”) committed major violations of NCAA legislation.  After the investigation concluded the case was submitted to the Committee through the summary disposition process, which is an alternative to a formal hearing before the Committee that may be utilized when the NCAA enforcement staff, the member institution, and involved individuals agree to the facts of an infractions case and that those facts constitute major violations of NCAA legislation.

In 2008, Patrick Edwards, a wide receiver for the University of Houston, badly injured his leg when he ran into a metal cart that was placed just beyond the end zone during a conference game at Marshall University.  Edwards filed suit against Marshall University, Conference USA, and a referee involved in the game.  The lawsuit was recently confidentially settled.