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.
Sep 21, 2014, 11:15 PM EDT
The Tigers, who won 25 games last season, landed their first commitment in the Class of 2015 Sunday night.
Sep 21, 2014, 10:00 PM EDT
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Sep 21, 2014, 9:21 PM EDT
URI head coach Dan Hurley landed his second 2015 commitment Sunday evening.
Sep 21, 2014, 8:25 PM EDT
Danny Manning finally has his first 2015 commitment and the player’s a very important one with regard to the future of the program.
Sep 21, 2014, 7:13 PM EDT
The Vikings have added some depth to their front court for the 2015-16 season.
Sep 21, 2014, 5:14 PM EDT
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Sep 21, 2014, 3:45 PM EDT
A good read on Colorado State’s new senior transfer, Antwan Scott, overcoming family obstacles while still succeeding on the court.
Sep 21, 2014, 2:40 PM EDT
Washington State picked up a commitment from a 2015 forward on Sunday.
Sep 21, 2014, 12:50 PM EDT
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Sep 21, 2014, 10:43 AM EDT
Wisconsin picked up a 2015 commitment on Sunday morning.
Sep 21, 2014, 10:30 AM EDT
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Sep 20, 2014, 11:29 PM EDT
Three Mountain West programs and one Big Ten program among the schools on the Las Vegas native’s list.
Sep 20, 2014, 7:50 PM EDT
The elite PG from New Jersey had his first in-person meeting with Kentucky head coach John Calipari on Thursday.
Sep 20, 2014, 6:18 PM EDT
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Sep 20, 2014, 5:03 PM EDT
The son of a former national champion has made a name for himself by scoring 28 points per game as a junior.
Sep 20, 2014, 3:35 PM EDT
Mount St. Mary’s rewarded head coach Jamion Christian with an extension.
Sep 20, 2014, 2:00 PM EDT
Gonzaga has one of its deepest teams of all time and the Bulldogs are challenging themselves with a difficult non-conference schedule.
Sep 20, 2014, 12:45 PM EDT
Bradley forward Auston Barnes has been charged with misdemeanor domestic battery following an August arrest.
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