Jul 11, 2013, 9:00 PM EDT
With the ruling that the plaintiffs in the case of Ed O’Bannon vs. the NCAA, EA Sports and Collegiate Licensing Company would be best served to add a current student-athlete to its case, representatives stated that they would need the NCAA to guarantee that the student-athlete would not be punished for their participation.
Earlier this week the NCAA responded in a letter to Michael D. Hausfeld of Hausfeld LLP (lead lawyer for the plaintiffs), vehemently denying the assertion that a current student-athlete would be unfairly punished for joining the lawsuit.
To be perfectly clear to you, yet again, the NCAA has not and will not retaliate against any student-athlete because he or she participates in litigation against the NCAA, including your lawsuit. Indeed, there have been dozens of cases brought by student-athletes, none of whom have claimed retaliation by the NCAA. Your July 8, 2013 request for a stipulation regarding hypothetical “retaliation” against plaintiffs is completely unnecessary and, given the NCAA’s prior representations on this topic, offensive. There is no good faith basis for your contention that a current student-athlete participating in litigation against the NCAA has any worry of “retaliation, intimidation or coercion” from the NCAA. We have repeatedly made it clear to you in the course of this litigation that participation in a lawsuit against the NCAA has no effect on eligibility, and we can now only conclude that your letter has more to do with grandstanding for the press than actual concern for any potential current student-athletes seeking to join your lawsuit, or any attempt to move this litigation to a just conclusion.
The full letter can be read here.
The future status of the current student-athlete(s) has been a concern since U.S. District Judge Claudia Wilken made the ruling that the plaintiffs would be allowed to make the addition before she decides whether or not the suit will receive class action certification.
But while the NCAA stated that it would not act in a malicious manner towards a current student-athlete that joins the suit, they did close the letter to Hausfeld with the following paragraph:
Finally, while the NCAA has no reason to believe that its member institutions, conferences, athletic departments or coaches would take any action against a current studentathlete who chose to participate in this litigation, we must again remind you that we represent only the NCAA and cannot speak (or sign stipulations) for NCAA schools, conferences, athletic departments or coaches who are not present before the Court. We have no basis or authority to make any representations on behalf of our member institutions, although we are not aware of any facts that would suggest that “retaliation” against a current student-athlete who joined your litigation would be a risk.
Essentially it’s the “well we won’t do anything, but if one of our members were to then that’s something you’d need to take up with them” angle. How much of an impact will that have on a current student-athlete’s willingness to join the lawsuit is the next question that will be asked in determining whether or not the plaintiffs can make the addition.
Ultimately Judge Wilken will make the decision as to whether or not this case should receive class action certification, with the plaintiffs hoping that she’ll grant the request.
Raphielle can be followed on Twitter at @raphiellej.
May 22, 2015, 9:50 AM EDT
Mohamed and Bakersfield big man Aly Ahmed argued in 2013 that bad advice led to them being ruled ineligible that season at Houston and Bakersfield, respectively.
May 21, 2015, 10:40 PM EDT
The slender forward joins Sacha Killeya-Jones, Ty Jerome and Kyle Guy in Virginia’s 2016 haul.
May 21, 2015, 9:35 PM EDT
Davis joins grassroots teammate C.J. Williamson Jr. in Texas Tech’s 2015 recruiting haul.
May 21, 2015, 8:00 PM EDT
UNC fell short in the race for Brandon Ingram, and the investigation was a big reason why.
May 21, 2015, 7:30 PM EDT
John Calipari will coach against former assistant Orlando Antigua November 27 in Miami.
May 21, 2015, 6:35 PM EDT
The Jonesboro, Georgia native averaged 11.9 points, 6.6 rebounds and 1.7 blocks per game as a redshirt junior at UALR.
May 21, 2015, 4:58 PM EDT
Last spring Mark Turgeon was seen by some as being on the “hot seat.” This spring, one sports book believes he’s got the early favorite to win the national title in 2016.
May 21, 2015, 3:54 PM EDT
Thanks a lot, Christian.
May 21, 2015, 2:09 PM EDT
Cal is always selling his program, and his latest viral quote is no different.
May 21, 2015, 1:40 PM EDT
It’s not as weird as it sounds.
May 21, 2015, 12:40 PM EDT
Holman was expected to spend 2015-16 at a prep school.
May 21, 2015, 11:38 AM EDT
These are pretty funny.
May 21, 2015, 10:34 AM EDT
But this overt display of ‘amateurism’ may actually be good for the fight for student-athlete rights.
May 21, 2015, 9:00 AM EDT
The Red Storm are now up to seven newcomers with this addition.
May 20, 2015, 10:25 PM EDT
While Chicago has been discussed for quite some time as a franchise that may approach “The Mayor,” they still have a head coach in Tom Thibodeau.
May 20, 2015, 7:55 PM EDT
Jones was suspended two weeks after the team’s season came to an end.
May 20, 2015, 6:55 PM EDT
The news came one day after former Liberty forward Tomasz Gielo transferred to Ole Miss.
May 20, 2015, 6:06 PM EDT
Boston College was in need of additional backcourt depth, and this addition helps.
May 20, 2015, 4:39 PM EDT
Maryland’s the class of the field, but Rhode Island also has hopes of using this as a springboard into the NCAA tournament.
May 20, 2015, 3:30 PM EDT
Murray is the hot name on the recruiting circuit these days.
- LSU’s ’25 is coming’ campaign doesn’t try to hide that they’re monetizing Ben Simmons 1
- Looking Forward: Catching up on the American’s offseason 0
- Five-star center Caleb Swanigan has committed to Purdue 8
- Friday’s most important rule changes only matter if refs actually enforce them 2
- Looking Forward: Catching up on the SEC’s offseason 1
- Looking Forward: Catching up on the Big East’s offseason 3
- UConn lands former Seton Hall guard Sterling Gibbs, eligible immediately 1
- Five-star center Caleb Swanigan has committed to Purdue (8)
- NCAA rules committee proposes 30-second shot clock, fewer timeouts (5)
- Sports book lists Maryland as early favorite to win national title (5)
- St. John’s lands 2015 point guard Marcus LoVett Jr. (4)
- John Calipari is selling his program when he says national title isn’t a goal (4)