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College Sports Law Blog



The NCAA Committee on Infractions Has Spoken: Georgia Institute of Technology

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Written by Christian Dennie   
Tuesday, 09 September 2014 14:19

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Georgia Institute of Technology (“GT”) 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 violations of NCAA legislation.

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THE NCAA COMMITTEE ON INFRACTIONS HAS SPOKEN: CHEYNEY UNIVERSITY OF PENNSYLVANIA (DIVISION II)

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Written by Christian Dennie   
Wednesday, 03 September 2014 21:57

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that Cheyney University of Pennsylvania (“CU”) committed major violations of NCAA legislation. The case involved and centered around violations of NCAA legislation governing certification of initial, transfer and continuing eligibility involving all of CU’s sports programs during the 2007-08 through 2010-11 academic years. It should be noted that CU was considered a “repeat violator” in accordance with NCAA Bylaw 19.5.2.3.1 and, thus, was subject to enhanced penalties as set forth in NCAA Bylaw 19.5.2.3. The prior infractions case processed in 2007 and had similar eligibility certification violations.

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The NCAA Committee on Infractions Has Spoken: Saint Francis University

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Written by Christian Dennie   
Wednesday, 03 September 2014 16:34

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Saint Francis University (“SFU”) committed 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 violations of NCAA legislation.

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Ross v. University of Tulsa: Title IX Suit

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Written by Christian Dennie   
Tuesday, 26 August 2014 19:33

On August 18, 2014, a former student at the University of Tulsa (“TU”) filed suit against TU for alleged violations of Title IX (and other common law causes of action). In pertinent part, the former student claims she was sexually assaulted by a member of TU’s men’s basketball team at his on-campus apartment. The plaintiff alleges the student-athlete had a history of sexual violence and TU was aware of other claims made against the student-athlete, but TU refused to act to protect female students. Further, the plaintiff alleges TU failed to investigate the alleged sexual assault and conducted a sham disciplinary hearing, which ultimately led to the student-athlete being allowed to remain on campus and cleared to take part in intercollegiate athletics activities.

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O’Bannon v. NCAA: Summarizing the Court’s Opinion

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Written by Christian Dennie   
Monday, 25 August 2014 13:55

On August 8, 2014, the Honorable Claudia Wilken issued an opinion finding “the challenged NCAA rules unreasonably restrain trade in the market for certain educational and athletic opportunities offered by NCAA Division I schools.” The following will address the Court’s analysis of the pertinent points of the case.

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ACC and Maryland Settle Exit Fee Dispute

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Written by Christian Dennie   
Tuesday, 12 August 2014 15:09

In late 2012, the University of Maryland (“Maryland”) announced that it would exit the Atlantic Coast Conference (“ACC”) to join the Big 10 Conference (“Big 10”).   Shortly thereafter, on November 26, 2012, the ACC filed suit against Maryland seeking to enforce the exit fee of the termination procedures as set forth in Section IV-5 of the ACC Bylaws. According to Section IV-5 of the ACC Bylaws, a withdrawing member shall be subject to a withdrawal payment in an amount “equal to three (3) times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section V-1 of the Conference Bylaws, which is in effect as of the date of the official notice of withdrawal.” In 2012-13, the ACC’s operating budget was $17,422,114.00. According to Section IV-5, Maryland would owe the ACC the total amount of $52,266,342.00.  

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The NCAA Committee on Infractions Has Spoken: Henderson State University (Division II)

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Written by Christian Dennie   
Thursday, 07 August 2014 21:16

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Henderson State University (“HSU”) committed major violations of NCAA legislation. The case centered on recruiting violations, extra benefits, impermissible tryouts, impermissible countable athletically related activities, unethical conduct, failure to promote an atmosphere for compliance and failure to monitor by the institution.

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NCAA Proposed Concussion Settlement

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Written by Christian Dennie   
Wednesday, 06 August 2014 14:15

Last week, the NCAA and plaintiffs in several concussion lawsuits reached a settlement totaling $70 million. Being that the concussion litigation involves class action suits, the settlement must be approved by the Court. The terms of the proposed settlement are:

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Agu v. Regents of the University of California: Suit for Wrongful Death

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Written by Christian Dennie   
Wednesday, 06 August 2014 13:37

In February 2014, University of California, Berkley (“Cal”) football student-athlete Ted Agu collapsed following a morning training run and ultimately died. Agu had the sickle cell trait. His family has now brought a wrongful death suit against Cal. The suit claims Agu collapsed while running up a hill ten times while attached to a rope and calls the training “a lethal conditioning drill for a player with known sickle cell trait.” The suit further alleges that Cal trainers and coaches were reckless and negligent for requiring Agu to take part in training of this kind in light of the potential complications associated with the sickle cell trait. In an odd twist, Cal associate athletic trainer Robert Jackson was also present and served as a trainer when Ereck Plancher of the University of Central Florida collapsed during a training session in 2008 (Plancher also had the sickle cell trait). The suit sets forth that Cal is also negligent for hiring Jackson to serve as a trainer in light of his presence during Plancher’s collapse. Agu’s family seeks unspecified damages.

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The NCAA Committee on Infractions Has Spoken: University of New Hampshire

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Written by Christian Dennie   
Thursday, 03 July 2014 14:42

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of New Hampshire (“UNH”) 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 violations of NCAA legislation.

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