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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Athletics Compliance (NCAA & more); Athletics & Sports

NCAA Sexual Violence Policy Announcement (Aug. 10, 2017)

Announcement issued by the National Collegiate Athletic Association (NCAA) stating that its Board of Governors has adopted a new policy on sexual violence. The NCAA’s Commission to Combat Sexual Violence, convened a year ago by the Board to address sexual violence on campus, recommended the new policy to the Board. Among other things, the new policy requires coaches, administrators, and athletes to undergo sexual violence prevention training on an annual basis, and for campus leaders to attest annually that such trainings took place.   

8/14/2017
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Student Athlete Issues; Athletics Compliance (NCAA & more)

McCants v. National Collegiate Athletic Association (M.D.N.C. Apr. 26, 2017)

Memorandum Opinion and Order remanding the case to state court. Plaintiffs filed a putative class action in state court against the National Collegiate Athletic Association (NCAA) and the University of North Carolina at Chapel Hill (UNC-Chapel Hill), contending that the University steered them and other student athletes into courses that lacked rigor to ensure continued academic eligibility under NCAA rules. The NCAA removed the case to federal court pursuant to the Class Action Fairness Act (CAFA), and UNC-Chapel Hill moved to dismiss on Eleventh Amendment grounds. The court concluded that the University did not waive sovereign immunity because the NCAA, not UNC-Chapel Hill, unilaterally invoked federal jurisdiction. Because UNC’s defense of Eleventh Amendment immunity barred federal courts from asserting jurisdiction over UNC in the case, the court found that it was required remand the case back to state court.
4/28/2017
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Antitrust; Athletics & Sports; Athletics Compliance (NCAA & more); Authorizations & Regulations

In re National Collegiate Athletic Association Athletic Grant-in-Aid Cap Antitrust Litigation (N.D. Cal. Feb. 3, 2017)

Proposed order granting Plaintiffs’ motion for preliminary approval of a class action settlement in the case In re National Collegiate Athletic Association (NCAA) Grant-in-Aid Cap Antitrust Litigation. The class action suit was filed in 2014 by a former student-athlete at West Virginia University alleging that the NCAA violated antitrust law by capping the value of athletic scholarships below the full cost of attendance. As part of the settlement, the NCAA and 11 NCAA Division I conferences will establish a $208.7 million fund to benefit current and former NCAA Division I basketball and Football Bowl Subdivision student-athletes. The NCAA issued a press release announcing the settlement. 

2/6/2017
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Academic Misconduct; Athletics Compliance (NCAA & more); Students; Athletics & Sports

National Collegiate Athletic Association Public Infractions Decision Regarding Former California State University, Northridge Director of Basketball Operations (Dec. 7, 2016)

Public infractions decision by the National Collegiate Athletic Association (NCAA) involving the former director of basketball operations at California State University, Northridge. The NCAA Division I Committee on Infractions concluded that the former director completed coursework for ten student-athletes and submitted the coursework on their behalf for fraudulent academic credit. The University admitted that it failed to monitor the former director’s activities and to take adequate steps to investigate reports of misconduct when they first surfaced. The NCAA placed the University on three years' probation, fined the university $5,000 plus one percent of the men's basketball budget, imposed a five-year show-cause order on the former director, and vacated all wins for games in which the players involved participated. 

12/8/2016
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Athletics & Sports; Athletics Compliance (NCAA & more); Academic Misconduct; Students

National Collegiate Athletic Association Public Infractions Decision for the University of Notre Dame (Nov. 22, 2016)

Public Infractions Decision issued by the National Collegiate Athletic Association (NCAA) regarding academic violations found to have been committed by a former student athletic trainer and football student-athletes. The athletic trainer completed coursework for the two athletes over a three-year period and provided other athletes with extra academic benefits, in violation of the institution’s academic honesty and integrity policies. Penalties include one year of probation, a $5,000 fine, a two-year show-cause order against the athletic trainer, vacation of team and individual records for the 2012 and 2013 football seasons, and disassociation of the athletic trainer. 

11/28/2016
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Athletics Compliance (NCAA & more)

NCAA Changes Basketball Eligibility Rules

Announcement by the National Association of College Athletics (NCAA) adopting a proposal that changes the date by which a student must remove his name from the NBA draft. The proposal enables students to attend multiple NBA draft related events while retaining NCAA eligibility. The flexibility embedded in the rule is designed to assist college basketball players make better informed decisions on pursuing professional basketball.
2/1/2016
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Athletics Compliance (NCAA & more)

NCAA Committee on Infractions: University of Louisiana at Lafayette Public Infractions Decision

Decision by the National Collegiate Athletic Association (NCAA) Committee on Infractions related to its investigation of NCAA violations by the University of Louisiana Lafayette (ULL). Following the investigation of the ULL's football program, the Committee found that a former assistant football coach violated NCAA rules. According to the Committee, the assistant coach helped recruits obtain fake test scores and committed unethical conduct by providing false and misleading information. The Committee accepted ULL's self-imposed sanctions and added additional penalties, including a $5000 fine, two-year probation, and other recruiting limitations.
1/12/2016
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