College Sports Law Blog

After years of probing, arguing, and politicking, Utah Attorney General Mark Shurtleff has announced his agency will no longer seek to sue the Bowl Championship Series (“BCS”).  Attorney General Shurtleff has argued the BCS violates antitrust laws and has sought law firms specializing in antitrust to bring suit against the BCS.  Citing the announcement of a playoff system, Shurtleff has decided against pursuing the BCS for monetary damages under an antitrust theory.  However, he indicated his office will monitor the playoff system to determine whether antitrust violations exist in the selection of competitors in the playoff system.  Other blogs on the BCS can be found here, here, here, here, here, and here.

In 2010, the media coalition filed suit against the University of North Carolina (“UNC”) seeking to obtain internal records relating to the UNC football investigation.  UNC originally denied the request by citing the Family Educational Rights and Privacy Act (“FERPA”).  After two years of legal wrangling, the parties agreed to a settlement whereby UNC will release various records by November 5, 2012.  UNC has already released reinstatement requests made on behalf of student-athletes and legal fee statements for UNC’s counsel during the investigation.  By November 5, 2012, UNC will release unredacted interview transcripts conducted with football student-athletes during the football investigation, but the media is not permitted to post the entirety of the transcripts on the World Wide Web.

The NCAA has announced that it will find new locations for five NCAA championship events that were scheduled to occur in New Jersey.  The decision came after New Jersey decided to move forward with its effort to offer legalized sports betting including betting on intercollegiate athletic contests.  New Jersey announced that sports betting licenses could be issued as early as January 9, 2013 as long as the federal lawsuit filed by the NCAA and major professional sports leagues does not prohibit such licenses.  A discussion of the lawsuit filed by the NCAA and major professional sports leagues can be found here.

Former UCLA men’s basketball student-athlete Reeves Nelson’s suit against Sports Illustrated has been dismissed.  Los Angeles Superior Court Judge Mary Ann Murphy stated Nelson’s suit infringed upon Sports Illustrated reporter George Dohrmann’s right to free speech.  Judge Murphy also pointed out that Dohrmann had numerous sources supporting the facts referenced in the article “Not the UCLA Way” and, further, stated “[t]his man spent a lot of time and talked to a lot of people.”  A post previously discussing this case can be found here.

On September 13, 2011, the NCAA Division I Committee on Infractions (“Committee”) issued its findings relating to eighteen violations committed by Boise State University (“Boise”).  Boise, subsequently, appealed the Committee’s findings relating to a reduction in football grant-in-aids and spring football practice opportunities to the NCAA Division I Infractions Appeals Committee (“IAC”).  On June 27, 2012, IAC issued its report on these two issues.  IAC rejected Boise’s argument regarding the reduction of spring football practice opportunities, but remanded the case to the Committee for reconsideration of the reduction of football grants-in-aid penalty. 

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Texas Southern University (“TSU”) committed major violations of NCAA legislation.  The violations in this case included impermissible participation, academic improprieties and lack of institutional control.  From the 2004-05 academic year into 2010-11, TSU permitted 129 student-athletes in 13 sports to compete and receive financial aid and travel expenses when they were ineligible to do so.  Further violations included exceeding financial aid limits and failing to serve a penalty imposed by the NCAA Academic Performance Program.  Particularly serious violations occurred when 1) from May through September 2009, the former head football coach allowed a representative of TSU’s athletics interests to recruit for his program; and 2) the former head basketball coach provided false or misleading information to the enforcement staff when he denied that he and the former head football coach engaged in actions intended to circumvent limits on men’s basketball financial aid counters.  TSU has either been on probation or had violations occurring on campus, or both, for 16 of the last 20 years.

The O’Bannon plaintiffs recently filed a motion to compel non-party discovery from ESPN.  Specifically, among other things, O’Bannon sought television and licensing contracts to better understand how intercollegiate athletics contests are monetized and to value the commercial use of student-athletes’ names, likenesses, and images.  U.S. District Judge Alfred V. Covello has ordered ESPN to produce television and licensing contracts for Division I Men’s Basketball and Football since 2005.  This will give the O’Bannon plaintiffs the opportunity to review confidential agreements and the value of the same.

Former Lady Vols media director Debby Jennings filed suit against the University of Tennessee and athletic director Dave Hart alleging she was forced to retire based on her age and sex.  Jennings claims that Hart set out to create a “good ol’ boys” department with a desire to rid the department of senior women.  Jennings, further, claims that Hart and other officials “fostered a culture of intimidation and hostility,” which ultimately laid to 12 females being laid off compared to only 3 males.  Interestingly, the lawsuit also claims that Pat Summit was forced to retire.  A copy of the petition can be found here.

Former assistant football coach Mike McQueary has filed suit against Penn State seeking $4,000,000.00 in damages based on claims for defamation, misrepresentation, and whistleblower.  McQueary complains that Penn State misrepresented to him that it was going to conduct an investigation into the acts he saw performed by Jerry Sandusky.  According to the compliant, unbeknownst to McQueary, Penn State knew it was going to avoid an investigation of the matter.  McQueary, further, claims Penn State defamed him when President Spanier openly indicated that McQueary lied to investigators about reports he made of sexual misconduct.  He also claims that Penn State singled him out and refused to pay for his legal fees; whereas, other assistant coaches' legal fees were paid and they were afforded opportunities to interview for their jobs.  McQueary claims he was informed by a news report that he was being released from his position.  As a result of the foregoing, McQueary complains that these matters have caused him great distress, anxiety, humiliation, and embarrassment.  The complaint can be read here.