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College Sports Law Blog



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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Onyshko v. NCAA: NCAA’s Motion for Summary Judgment Denied

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Written by Christian Dennie   
Tuesday, 04 April 2017 22:19

In June 2014, Matthew Onyshko and his wife (individually and collectively “Athlete”) filed a two-count Complaint alleging negligence and loss of consortium against the National Collegiate Athletic Association (“NCAA”) based on its alleged failure to adequately supervise, regulate, and minimize the risk of long-term brain injury resulting from repeated head impacts.  Athlete contended that these failures increased Athlete’s risk of developing long-term health conditions when, as a California University of Pennsylvania (“University”) student-athlete, he relied upon the NCAA to protect his health and safety.  This action is based on Athlete recently being diagnosed with brain and spinal cord injuries he attributed to repeated blows to his head suffered during his five-year collegiate football career at University between 1999 and 2003.

Read more... [Onyshko v. NCAA: NCAA’s Motion for Summary Judgment Denied]
 

The NCAA Committee on Infractions Has Spoken: Mississippi Valley State University

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Written by Christian Dennie   
Monday, 03 April 2017 15:07

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Mississippi Valley State University (“MVSU” or “Institution”) committed violations of NCAA legislation. This case involved improper eligibility certifications at MVSU. It also involved a former head cross country coach directing student-athletes to compete under assumed names. 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 further penalties to the Institution and the former head coach. Because the parties agreed to the proposed penalties, there is no opportunity to appeal.

Read more... [The NCAA Committee on Infractions Has Spoken: Mississippi Valley State University]
 

The NCAA Committee on Infractions Has Spoken: Southeast Missouri State University 2017

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Written by Christian Dennie   
Tuesday, 28 March 2017 21:45

The NCAA Committee on Infractions (“Committee” or “Panel”) recently issued its findings and found that Southeast Missouri State University (“SEMO” or “Institution”) committed violations of NCAA legislation. This case involved academic misconduct by a former assistant men's basketball coach at SEMO. 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 assistant coach. The Institution agreed to the additional penalties proposed by the Panel and therefore has no opportunity to appeal. The former assistant coach, after not initially participating in the SDR process, contested the length of his proposed show-cause penalty at an expedited hearing. The Committee retained the contested penalty in part. Pursuant to NCAA Bylaw 19.6.4.5, the former assistant coach has the opportunity to appeal his penalty.

Read more... [The NCAA Committee on Infractions Has Spoken: Southeast Missouri State University 2017]
 

Deppe v. NCAA: Motion to Dismiss and Strike Granted in Part and Denied in Part

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Written by Christian Dennie   
Friday, 10 March 2017 22:27

Peter Deppe (hereinafter “Plaintiff”) filed suit against the National Collegiate Athletic Association (hereinafter “NCAA” or “Defendant”) under Section 1 of the Sherman. The suit was filed on March 8, 2016 in the United States District Court, Southern District of Indiana, Indianapolis Division (“Court”). Recently, the NCAA moved for dismissal in accordance with Rule 12 and to strike certain pleadings. The Court granted the request in part and denied in part.

Read more... [Deppe v. NCAA: Motion to Dismiss and Strike Granted in Part and Denied in Part]
 
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