College Sports Law Blog

In the lasted round of lawsuits relating to conference realignment, the Big East Conference (“Big East”) has filed suit against TCU in the United States District Court for the District of Columbia seeking $5 million for breach of contract damages.  According to the lawsuit, on November 29, 2010, TCU agreed to join the Big East as a member effective July 1, 2012.  Accordingly, the parties entered into a Membership Expansion Agreement (“Agreement”).  As stated in the petition filed by the Big East, TCU participated in Big East meetings from November 29, 2010 to October 6, 2011.  On October 6, 2011, TCU agreed to join the Big 12 Conference and, subsequently, formally notified the Big East of its intentions to join the Big 12 Conference by letter dated October 17, 2011.

An NBA security guard has filed suit against Geno Auriemma, the NBA, and USA Basketball on employment discrimination grounds.  According to the lawsuit, Kelley Hardwick alleges that Auriemma tried to kiss her during a 2009 USA Basketball trip to Russia, but she denied his advances by shoving him away.  Further, according to the lawsuit, Hardwick claims Auriemma had her removed as security official overseeing the USA women’s basketball team, which denied her promotions, raises, and employment opportunities based on her gender. 

After going 28-22 during his tenure as head football coach of the Miami Hurricanes, Randy Shannon was terminated on November 27, 2010.  Earlier in 2010, Miami and Shannon agreed to a contract extension that would keep Shannon under contract until January 2014.  Following Shannon’s termination, the parties were unable to agree on a settlement and, thus, Shannon filed suit on April 27, 2012.  According to the lawsuit, Miami argued that it could reduce the amount of money he was guaranteed because he was fired less than one full year after the agreement went into effect.  Shannon argued he was entitled to fully payment and a bonus relating to Miami’s agreement to participate in the 2010 Sun Bowl (he was terminated prior to participation in the game).  Ultimately, the matter was confidentially settled.

Former UCLA men’s basketball student-athlete Reeves Nelson filed suit against Sports Illustrated relating to the story titled “Not the UCLA Way” that was published by the magazine in the print edition on March 5, 2012.  Nelson has filed suit seeking damages of $10 million pursuant to theories of defamation, false light, and intentional infliction of emotional distress.  According to the lawsuit, Nelson takes umbrage to being labeled a “psychotic bully” and claims the instances identified in the article in which Nelson was accused of bullying are false.  As stated in the lawsuit, the anonymous quotes referenced in the article have been confirmed as not attributable to any of Nelson’s UCLA teammates and, thus, are exaggerated and false.  The suit was filed in Superior Court in Los Angeles. 

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Southwest Baptist University (“SWB”) committed major violations of NCAA legislation. The violations in this case involved 472 impermissible text messages sent by the head men’s basketball coach to 29 prospective student-athletes and two parents of prospects.  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.

A lawsuit filed by two alleged victims of Bernie Fine against Jim Boeheim has been dismissed.  Judge Brian DeJoseph of the New York Supreme Court (in New York this is a trial court) in Onondaga County has dismissed the suit by stating the comments made by Boeheim “were likely to be an opinion—a biased passionate and defensive point of view of a basketball coach—rather than objective fact.”  The alleged victims’ counsel, Gloria Allred, has indicated they will appeal the decision.

Following the settlement agreement executed by West Virginia University (“West Virginia”) and The Big East Conference (“Big East”), the University of Pittsburgh (“Pitt”) has filed suit against the Big East seeking to be released prior to the twenty-seven month waiting period specified in the Big East Bylaws.   Pitt argues that the Big East knowingly and intentionally waived any right to enforce the twenty-seven month withdrawal period by failing to require TCU to abide by the withdrawal period.  Similarly, Pitt argues that the Big East also waived its right to enforce the withdrawal period by allowing West Virginia to buyout the remainder of the withdrawal period.  Further, Pitt argues that the Big East has never required any school to provide twenty-seven months’ notice of withdrawal from the conference.

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of South Carolina (“USC”) committed major violations of NCAA legislation.  The infractions in this case were limited and centered on two separate, unrelated set of circumstances, which resulted in NCAA violations: 1) student-athletes living in a local hotel at what proved to be a discounted rate; and 2) the impermissible involvement of two representatives of the institution’s athletics interests in the institution’s football and men’s basketball recruiting efforts and the provision of extra benefits by the two athletics representatives.  There was also a concomitant failure to monitor by the institution relating to the involvement of the two athletics representatives.

There has been consistent discussion about the possibility of MLB funding scholarships for baseball student-athletes, which could possibly raise baseball scholarship limits from 11.7 to a greater number.  The details of this possibility appear to be a work in progress and have been described as “exploratory”.  In return, MLB may have a greater say in other aspects of college baseball like the use of wooden bats and MLB teams providing coaches and instructors for the top summer leagues.  On the other hand, the NCAA has to balance these wonderful additions to college baseball against the time honored traditions of amateurism, which have evolved substantially overtime.  Indeed, some of the amateurism legislation allows student-athletes to accept prize money and play with professionals within certain parameters.  Another discussion point will be how to balance additional baseball scholarships, equipment, and coaching that is not available to female counterparts.  Title IX is a major consideration.

Shortly after filing suit against George Huguely, the mother of former women’s lacrosse player Yeardley Love filed suit against Dom Starsia, Marc Van Arsdale, and UVA athletics director Craig Littlepage.  In her lawsuit, she seeks $29.45 million in damages and claims that UVA coaches and administrators ignored Huguely’s volatile behavior including attacks on other women, frequent intoxication, and prior attacks on Love.  Specifically, the complaint states “[i]t is well known to the players and coaches on the UVA men’s and women’s lacrosse teams that Huguely’s alcohol abuse and erratic, aggressive behavior was increasingly getting out of control, especially his obsession with Love and his aggressiveness and threats to Love.”  The lawsuit further claims that UVA failed to discipline Huguely or request that he seek treatment despite knowledge of such erratic behavior.