Skip to content

NCAA writes letter regarding addition of current athlete to O’Bannon lawsuit

Jul 11, 2013, 9:00 PM EDT

NCAA Men's Championship Game - Kansas v Kentucky Getty Images

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.

h/t USA Today

Raphielle can be followed on Twitter at @raphiellej.

Latest Posts
  1. Kansas State loses redshirt freshman to transfer

    Oct 20, 2014, 11:00 PM EDT

    La Salle v Kansas State Getty Images

    Kansas State is losing a redshirt freshman to transfer.

  2. Virginia lands four-star guard from 2016 class

    Oct 20, 2014, 10:00 PM EDT

    (adidas) (adidas)

    Virginia got a very skilled guard in the 2016 class.

  3. Florida lands three-star 2015 wing

    Oct 20, 2014, 9:15 PM EDT

    Billy Donovan AP

    Florida landed an in-state Class of 2015 wing to make it a four-man class.

  4. Memphis grabs a commitment from a 2016 guard

    Oct 20, 2014, 9:00 PM EDT

    Josh Pastner AP

    Memphis found a 2016 guard to join center Nick Marshall in the recruiting class.

  5. Report: SMU big man has work to do to be eligible for season

    Oct 20, 2014, 8:00 PM EDT

    Markus Kennedy AP

    SMU could be in trouble if a second-team all-league pick is ruled ineligible.

  6. Washington adds two forwards in 2015 class

    Oct 20, 2014, 6:00 PM EDT

    Indian Hills Community College Indian Hills Community College

    Lorenzo Romar now has a six-man recruiting class for 2015.

  7. Top 25 Countdown: No. 15 Oklahoma Sooners

    Oct 20, 2014, 5:00 PM EDT

    Buddy Hield (AP Photo) Buddy Hield (AP Photo)

    Oklahoma has a chance to be the second-best team in the Big 12, especially if a key player receives a waiver.

  8. St. Joseph’s loses another front court piece for the 2014-15 season

    Oct 20, 2014, 4:00 PM EDT

    Phil Martelli AP

    The Hawks will have a thin front court this season.

  9. 2014-2015 Season Preview: Which new coaching hires will succeed?

    Oct 20, 2014, 3:00 PM EDT

    Steve Wojciechowski AP

    Five new hires that should thrive, and five who may end up struggling.

  10. Report: Former Oklahoma State guard leaves his junior college

    Oct 20, 2014, 2:09 PM EDT

    Stevie Clark, Jevon Taylor AP

    Stevie Clark was dismissed from Oklahoma State after a pair of bizarre incidents involving the police.

  11. Maryland lands commitment from junior college point guard

    Oct 20, 2014, 12:45 PM EDT

    Mark Turgeon

    Jaylen Brantley is Maryland’s first commitment in the class.

  12. No longer supplementary pieces, two Texans will lead the way at Weber State

    Oct 20, 2014, 12:00 PM EDT

    Randy Rahe AP

    After riding the coattails of a pair of Californians, Weber State’s focus on recruiting the state of Texas will pay off this season.

  13. Former NBA guard says Emmanuel Mudiay ‘handled himself well’ in first game in China

    Oct 20, 2014, 10:39 AM EDT

    unnamed-1

    Mudiay has now played two preseason games as a professional.

  14. 2014-2015 Season Preview: Weber State won’t lack for challengers in Big Sky

    Oct 20, 2014, 9:00 AM EDT

    Weber State's Joel Bolomboy (AP Photo) AP

    Weber State will be the preseason favorites, but Northern Arizona, Sacramento State and Eastern Washington will lead a group of challengers capable of pushing the reigning champs.

  15. Highlights from San Francisco’s ‘Hilltop Hoopsfest’ event (VIDEO)

    Oct 19, 2014, 10:57 PM EDT

    Rex Walters AP

    Junior forward Mark Tollefsen may be one of the best dunkers in America.

  16. Louisville takes next step in season preparations with their annual Red-White Scrimmage

    Oct 19, 2014, 8:49 PM EDT

    Chris Jones, Dillon Avare Chris Jones, Dillon Avare

    Chris Jones’ three-pointer in the final seconds gave the White team a 75-72 win over the Red.

  17. Fractured foot to sideline Maryland forward 4-6 weeks

    Oct 19, 2014, 6:59 PM EDT

    Evan Smotrycz AP

    Evan Smotrycz was re-evaluated Saturday after suffering the injury at the end of practice Friday.