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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.

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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
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Dawson v. NCAA and Pac-12 Conference: Motion to Dismiss Granted

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Written by Christian Dennie   
Wednesday, 26 April 2017 17:49

Lamar Dawson (“Dawson”), a former University of Southern California football student-athlete, filed suit against the NCAA and Pac-12 Conference (collectively “Defendants”). In the suit, Dawson sought unpaid wages, including unpaid overtime compensation and interest thereon, required minimum wage payments, waiting time penalties, liquidated damages and other penalties, injunctive and other equitable relief and reasonable attorneys’ fees pursuant to claims for violations of the Fair Labor Standards Act, California Labor Code, California Code of Regulations, and California Business and Professions Code. The Defendants moved to dismiss Dawson’s complaint and Judge Richard Seeborg of the United States District Court, Northern District of California granted Defendants’ motion to dismiss and determined that the legal theories sought by Dawson were untenable, thus amendment would be futile. 

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The NCAA Committee on Infractions Has Spoken: University of Alabama

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Written by Christian Dennie   
Tuesday, 18 April 2017 14:04

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that the University of Alabama (“UA” or “Institution”) committed violations of NCAA legislation. This case involved agreed-upon Level II and Level III football recruiting violations at UA.  The case also involved a former assistant coach's Level I unethical conduct for providing false or misleading information. 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”). After accepting the violations set forth in the SDR, the Panel also adopted the Institution's proposed penalties and corrective actions; therefore, the Institution has no opportunity to appeal. The Panel proposed a two-year show-cause order for the former assistant coach. Although the proposed show-cause order was more lenient than what the penalty guidelines require for a Level I violation of this nature, the former assistant coach nevertheless challenged the proposed penalty at an expedited penalty hearing. The Panel retained the penalty, which the former assistant coach has the opportunity to appeal.

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The NCAA Committee on Infractions Has Spoken: University of Virginia

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Written by Christian Dennie   
Friday, 14 April 2017 18:59

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that the University of Virginia (“UVA” or “Institution”) committed violations of NCAA legislation. This case involved a recruiting violation committed by multiple members of the football coaching staff at UVA.   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 proposed additional penalties to the Institution. Because the Institution agreed to the violation and penalties, there is no opportunity to appeal.

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Maloney v. T3Media, Inc.: Student-Athlete Right of Publicity Claims Preempted by the Copyright Act

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Written by Christian Dennie   
Tuesday, 11 April 2017 19:05

 

Patrick Maloney and Tim Judge (“Plaintiffs”) are former NCAA student-athletes who played for the Catholic University (“CU”) men’s basketball team between 1997 and 2001. In their final year at CU, they made it all the way to the Division III national championship game, and helped lead the underdog Cardinals to an upset 76-62 victory over the William Paterson University Pioneers. The game’s drama was captured in a series of photographs depicting the Plaintiffs in play, and later posing as members of the team with CU’s first-ever national championship trophy. The NCAA owns or controls the copyright to these photographs. It accordingly placed them into its collection, the NCAA Photo Library.

Read more... [Maloney v. T3Media, Inc.: Student-Athlete Right of Publicity Claims Preempted by the Copyright Act]
 

NCAA Division I Infractions Appeals Committee: University of Southern Mississippi, Former Assistant Basketball Coach

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Written by Christian Dennie   
Thursday, 06 April 2017 18:17

On April 8, 2016, the Committee on Infractions (“COI”) issued its report in which COI found violations of NCAA legislation in the men’s basketball program. On the basis of those findings, COI determined this was a major infractions case and imposed penalties accordingly. This case centered on violations of NCAA bylaws governing academic fraud and impermissible financial aid to enrolled student-athletes. COI imposed a show-cause order on appellant because of his involvement in the violations.

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