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College Sports Law Blog



NCAA v. Christie II: Third Circuit Concludes that New Jersey Law Violates PASPA

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Written by Christian Dennie   
Thursday, 03 September 2015 18:41

In 1992, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”) to prohibit state-sanctioned sports gambling. In 2011, the New Jersey Legislature held a referendum asking New Jersey voters whether sports gambling should be permitted, and sixty-four percent (64%) voted in favor of amending the New Jersey Constitution to permit sports gambling. The constitutional amendment provided:

Read more... [NCAA v. Christie II: Third Circuit Concludes that New Jersey Law Violates PASPA]
 

Kinsman v. Florida State University: Motion to Dismiss Denied

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Written by Christian Dennie   
Friday, 21 August 2015 18:25

Erica Kinsman (“Student”) filed suit against Florida State University (“FSU”) and the action was brought under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688 (“Title IX”). Student claims FSU failed to properly investigate or respond to reports of sexual assault and that this denied her educational benefits. FSU moved to dismiss the complaint in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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NLRB Decides Against Exercising Jurisdiction in Northwestern University v. College Athletes Players Association

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Written by Christian Dennie   
Friday, 21 August 2015 17:37

On March 26, 2014, the Regional Director for Region 13 issued a Decision and Direction of Election in which he found that a petitioned-for unit of all football players receiving grant-in-aid athletics scholarships from Northwestern University are employees within the meaning of Section 2(3) of the National Labor Relations Act (“Act”) and that the petitioned-for unit is appropriate. In a much awaited decision, the National Labor Relations Board (“NLRB”) decided against exercising jurisdiction in the case.

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The NCAA Committee on Infractions Has Spoken: University of North Carolina at Greensboro

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Written by Christian Dennie   
Monday, 27 July 2015 20:00

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that the University of North Carolina at Greensboro(“UNCG”) committed violations of NCAA legislation.   The violations at issue centered on UNCG’s improper certification of student-athletes' initial eligibility. Specifically, from the 2007-08 through 2012-13 academic years, UNCG improperly certified the initial eligibility of 57 student-athletes in 13 sport programs. UNCG permitted those student-athletes to practice, compete, receive athletically related aid and/or receive actual and necessary expenses associated with competition prior to UNCG certifying their initial eligibility status.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.

Read more... [The NCAA Committee on Infractions Has Spoken: University of North Carolina at Greensboro]
 

The NCAA Committee on Infractions Has Spoken: East Central University (Division II)

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Written by Christian Dennie   
Monday, 27 July 2015 19:29

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that East Central University (“ECU”) committed major violations of NCAA legislation. This case primarily centered on violations of NCAA recruiting bylaws that occurred in the men's basketball program during the spring and summer of 2011. It also included a violation resulting from a student-athlete failing to sign the NCAA Drug-Testing Consent Form prior to the student-athlete engaging in athletically related activity. In addition, the former head men's basketball coach violated NCAA head coach responsibility and ethical conduct legislation because of his involvement in the violations in this case and for his failure to engage ECU's compliance staff to determine whether certain actions he took were permissible under NCAA 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.

Read more... [The NCAA Committee on Infractions Has Spoken: East Central University (Division II)]
 

The NCAA Committee on Infractions Has Spoken: Arkansas Tech University (Division II)

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Written by Christian Dennie   
Monday, 27 July 2015 19:08

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that Arkansas Tech University (“ATU”) committed major violations of NCAA legislation. This case centered on ATU providing impermissible benefits to student-athletes from 2009 to 2013. During that time, ATU paid the required on-campus housing security deposits or waived the deposits entirely for 57 prospective and enrolled student-athletes in five sports. ATU committed further violations when it reserved rooms in campus housing for an indeterminate number of student-athletes. Because ATU did not have procedures in place to monitor certain aspects of the housing operation, the violations also constituted a failure to monitor. 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. However, there was a dispute regarding a proposed penalty, thus the Committee held an expedited penalty hearing.

Read more... [The NCAA Committee on Infractions Has Spoken: Arkansas Tech University (Division II)]
 

The NCAA Committee on Infractions Has Spoken: Morehouse College (Division II)

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Written by Christian Dennie   
Monday, 27 July 2015 18:52

The NCAA Division II Committee on Infractions (“Committee”) recently released its findings and found that Morehouse College (“MC”) committed major violations of NCAA legislation. This case involved the football, cross-country, basketball, golf and baseball programs. 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.

Read more... [The NCAA Committee on Infractions Has Spoken: Morehouse College (Division II)]
 

NCAA Seeks a Stay from the Ninth Circuit

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Written by Christian Dennie   
Tuesday, 21 July 2015 19:45

The NCAA has filed a motion with the 9th Circuit, United States Court of Appeals to stay an injunction entered in O’Bannon v. NCAA. Per the district court’s ruling, football and men’s basketball student-athletes would be permitted to start deferring payments of $5,000.00 each year beginning on August 1, 2015. The parties are waiting on a ruling from the 9th Circuit on the NCAA’s appeal. Oral arguments were heard on the appeal on March 17, 2015.

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O'Bannon v. NCAA: NCAA Ordered to Pay O'Bannon Lawyers' Fees and Costs

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Written by Christian Dennie   
Tuesday, 14 July 2015 14:53

On July 13, 2015, Federal magistrate judge Nathanael Cousins ordered the NCAA to pay nearly $44.4 million in attorneys' fees and $1.5 million in costs to lawyers for the plaintiffs in the Ed O'Bannon class-action lawsuit. Lawyers for the O'Bannon class had previously requested attorneys' fees in the amount of nearly $45.6 million and nearly $5.3 million in costs and expenses.

Read more... [O'Bannon v. NCAA: NCAA Ordered to Pay O'Bannon Lawyers' Fees and Costs]
 

The NCAA Committee on Infractions Has Spoken: Southeastern Louisiana University (2015)

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Written by Christian Dennie   
Thursday, 28 May 2015 20:01

The NCAA Committee on Infractions (“Committee”) recently issued its findings and found that Southeastern Louisiana University (“SELU”) committed violations of NCAA legislation.   This case centered on impermissible athletically related activity that took place outside of SELU’s declared playing season during the spring and summer of 2013. It also included impermissible lodging and tryouts for prospective student-athletes. A former head women's volleyball coach arranged and, in some instances, observed the impermissible athletically related activity. Much of this impermissible activity also involved a former volunteer assistant women's volleyball coach. Because of her activities and involvement, the former volunteer assistant women's volleyball coach became a countable coach under NCAA legislation – a status that the head coach knew. Finally, the case involved the unethical conduct of the former head women's volleyball coach because he provided false information when asked about the role and responsibility of the former volunteer assistant women's volleyball coach.

Read more... [The NCAA Committee on Infractions Has Spoken: Southeastern Louisiana University (2015)]
 
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