College Sports Law Blog

The NCAA and the O’Bannon plaintiffs have been embroiled in a multitude of discovery disputes over the course of the last year.  The NCAA has now turned its attention to former marketing executive and guru of grassroots basketball Sonny Vaccaro.  The NCAA has referred to Vaccaro as an “agent,” “runner,” and “broker” of amateur basketball players.  Vaccaro, who is an unpaid consultant to the O’Bannon plaintiffs, has been requested by the NCAA to provide all communications with New York Times columnist Joe Nocera, copies of every speech Vaccaro has made in the past seven years, documents relating to movie and book projects about his life, custodial records from Vaccaro’s organization, communications with plaintiffs, camps/tournaments’ use of players’ likenesses, and payment records to or from players.

On January 17, 2012, New Jersey Governor Chris Christie signed into law an Act passed by the New Jersey State Legislature purporting to permit wagering at casinos and racetracks on the results of certain collegiate and professional sports or athletic events.  Once the gambling law becomes effective, Atlantic City casinos and racetracks across New Jersey will be able to apply for licenses and commence gambling operations on amateur and professional sports. 

The lawsuit originated following Quinnipiac University’s (“Quinnipiac”) March 2009 announcement that in the 2009-10 academic year it would eliminated its varsity sports teams for women’s volleyball, men’s golf, and men’s outdoor track and field, while simultaneously creating a new varsity women’s competitive cheerleading team.  Five women’s volleyball players and their coach filed suit against Quinnipiac in April 2009 and alleged that Quinnipiac violated Title IX by denying women equal varsity athletic participation opportunities and sought injunctive relief preventing Quinnipiac from eliminating the women’s volleyball team.  Following a bench trial, the United States District Court for the District of Connecticut (“District Court”) found that Quinnipiac violated Title IX by failing to afford equal participation opportunities in varsity sports to female students.

In October 2011, the Minnesota Court of Appeals affirmed a $1,000,000.00 jury verdict in favor of assistant coach Jimmy Williams.  Coach Williams brought a claim against the University of Minnesota (“University”) and Tubby Smith for negligent misrepresentation, alleging that Smith, University’s men’s basketball coach, offered him a position of assistant coach, but negligently misrepresented that he had authority to hire Coach Williams.  A more detailed discussion of the facts can be found here.

Ed O’Bannon and his fellow plaintiffs have been wrangling with the NCAA over discovery items for years.  After filing a variety of motions and attempting to subpoena documents from conferences and member institutions, O’Bannon scored a victory by compelling the production of important records from the NCAA and member institutions including revenue information for radio, television, licensing, and sponsorships.  U.S. Magistrate Judge Cousins found that these items are discoverable and relevant to the case.  As such, O’Bannon will have the opportunity to determine the value of television revenue and sponsorship revenue earned by the NCAA and the membership.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of Central Florida (“UCF”) committed major violations of NCAA legislation.  The case centered on the involvement of outside third-parties with prospects and student-athletes primarily in football and men’s basketball.  The Committee pointed out the impermissible activity undertaken by third-parties was both known by athletics department personnel and, in some instances, encouraged.

Following the announcement of the Consent Decree entered by the NCAA and Penn State, it would short sided to believe there would be no challenge to the entry of the Consent Decree.  Relatively new Penn State trustee Ryan J. McCombie has hired counsel to appeal the Consent Decree and has requested “an opportunity to submit [an] appeal in writing, and further request an in-person oral argument before the Infractions Appeals Committee.”  Trustee McCombie is challenging the NCAA’s adoption of findings contained in the Freeh Report including that the Board of Trustees “did not perform its oversight duties” and every sanction imposed on Penn State.  Trustee McCombie pointed out the following errors:

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the Pepperdine University (“Pepperdine”) committed major violations of NCAA legislation.  The violations in this case fell into two categories: 1) incorrect eligibility certification of transfer student-athletes; and 2) over awarding of financial aid due to incorrect application of certain financial aid 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 major violations of NCAA legislation.

Yesterday, the NCAA announced historic penalties levied on Pennsylvania State University (“Penn State”).  The Big 10 Conference (“Big 10”) followed up with penalties of their own assessed against Penn State.  The Big 10 announced that Penn State will not be allowed to compete in a Big 10 football championship game for the next four (4) years and Penn State’s share of the Big 10’s proceeds from bowl games during that time will go to children’s charities. 

The NCAA and Pennsylvania State University (“Penn State”) entered into an unprecedented Consent Decree that the NCAA acknowledges is a “matter…unlike any matter encountered by the NCAA in the past.”  By entering into the Consent Decree, Penn Stated agreed “not to challenge the consent decree and waives any claim to further process, including, without limitation, any right to a determination of violations by the NCAA Committee on Infractions, any appeal under NCAA rules, and any judicial process related to the subject matter of this Consent Decree.”