College Sports Law Blog

Adam Lopiccolo was a wrestling student-athlete at American University (“AU”).  Lopiccolo claimed he was recruited and offered a full scholarship by former wrestling coach, Mark Cody, but was ultimately awarded a partial scholarship.  Once Lopiccolo arrived on campus, he described mistreatment and multiple threats including threats relating to the loss of his scholarship.  He even described a situation where he was forced to continue practice despite a large cut on his leg that ultimately became infected and led to a staph infection.  In January 2007, Lopiccolo missed several days of practice due to the flu.  When he returned to practice, he was informed that his scholarship was being revoked.  Lopiccolo unsuccessfully appealed the decision within the university.  After his unsuccessful appeal, he filed suit in federal court in the District of Columbia.

On March 16, 2012 beginning at 8:45 a.m., the University of Virginia School of Law will be hosting a sports law symposium discussing The State of Sports Law.  I will be speaking on the panel.  If you are in the area, please stop by for a discussion on many hot topics relating to sports law.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Radford University (“RU”) committed major violations of NCAA legislation.  The underlying infractions centered on recruiting and extra-benefit violations committed by one current and four former coaches, primarily in the provision of impermissible transportation, lodging, and meals.  The majority of these violations occurred in the men’s basketball program with a limited number involving the men’s tennis program.  Although the original, underlying violations were major, they were exacerbated by efforts made by members of the men’s basketball staff, led by the then head men’s basketball coach to conceal some of the violations from the institution and the NCAA.  As a result of these acts, the head basketball coach and three other members of the men’s basketball staff were found to have engaged in unethical conduct, including the provision of false and misleading information and failing to protect the integrity of the investigation.  Further, the head basketball coach was also found to have failed to promote an atmosphere of compliance.

On March 2, 2012 at 1:00 p.m., the University of Mississippi School of Law will be hosting a sports law symposium discussing the Bowl Championship Series and Conference Realignment.  I will be speaking on the panel.  If you are in the area, please stop by for a discussion on these hot topics.

For any questions, feel free to contact Christian Dennie at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Two alleged victims of Bernie Fine recently filed suit against Syracuse University and Jim Boeheim relating to statements Boeheim made in defense of Bernie Fine early in the investigation.  The suit was brought in New York City because the alleged victims did not believe they could receive a fair trial in Syracuse, New York in light of the institution’s and Boeheim’s connection to the community.  The institution and Boeheim filed a motion seeking to transfer venue to Syracuse, New York that was granted by the Court.  The Court concluded the alleged victims’ fears were “nothing more than mere beliefs, suspicions, and feelings of possible bias.”  As such, this case will move forward in Syracuse, New York.

Maryland has introduced a bill seeking to protect student-athletes’ social media privacy.  The bill states that an institution of postsecondary education may not require a student or applicant to 1) provide access to his or her personal account; 2) disclosure user name(s), password(s), or other means of accessing a student’s personal account(s); or 3) install software on a student or applicant’s electronic device that monitors the content of communications.  Further, the bill does not allow an institution of postsecondary education to penalize or threaten to discipline or penalize a student or applicant for failure to provide access or disclosure any of the information described above.  If the bill passes, students will be afforded additional protections.

As previously reported here and here, former Texas Tech University (“Tech”) head football coach and current Washington State University head football coach Mike Leach submitted his breach of contract claim (among others) to the Texas Supreme Court for review.  The Amarillo Court of Appeals held that Tech is immune from suit in accordance with sovereign immunity.  On February 17, 2011, the Texas Supreme Court denied Coach Leach’s appeal by denying his petition for review.  Thus, the law in the State of Texas appears to indicate state institutions are immune from breach of contract claims and any damages that result therefrom.

Reports indicate that West Virginia University (“WVU”) and the Big East Conference (“Big East”) have resolved and settled competing lawsuits filed in West Virginia and Rhode Island.  According to published reports, WVU will contribute $11 million to the settlement, which will allow them to leave the Big East on July 1, 2012 and join the Big 12 Conference.  The Big 12 Conference will pay the remaining portion of the settlement. 

It appears from a West Virginia judge's order that both the lawsuit filed by West Virginia University against the Big East Conference and the lawsuit filed by the Big East Conference against West Virginia University will continue on a similiar path.  A West Virginia judge denied the Big East Conference's motion to dismiss and, thus, the parties will move forward to trial (subject to the possibility of settlement) in each case.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of Nebraska, Lincoln (“Nebraska”) committed major violations of NCAA legislation.  The violations were narrow in scope and centered on Nebraska student-athletes who received scholarships that included books.  Nebraska’s bookstore provided student-athletes on aid with recommended textbooks and course supplies when NCAA legislation only allows student-athletes to receive required textbooks and course supplies.  The receipt of impermissible textbooks and course supplies resulted in violations of NCAA financial aid and extra benefit legislation.  Because these violations occurred over a lengthy period of time, portions of five academic years, and involved student-athletes in every sport, Nebraska agreed that it failed to monitor this aspect of its athletics financial aid program.