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4 You Make the Call 1 (2002)

handle is hein.blasports/ansrvds0004 and id is 1 raw text is: Volume 4, Number 1 {Spring 20021 NCAA BYLAW AND DECISION THAT FOREIGN STUDENT IS INELIGIBLE TO PARTICIPATE IN NCAA ATHLETICS UPHELD NCAA v. LaSege, 53 S.W.3d 77 (S.C. Kentucky June 14, 2001) Lasege, a Nigerian citizen, enrolled at the University of Louisville during the 1999-2000 academic year to play basketball. In accordance with NCAA rules, before he could participate the University declared him ineligible because he had previously entered into a professional basketball contract and received benefits for playing basketball in Russia. The University asked the NCAA to reinstate Lasege due to his unfamiliarity with NCAA rules and other mitigating factors. The NCAA's Subcommittee on Student-Athlete Reinstatement denied this request, mainly because Lasege had clearly signed a contract with an agent and professional team prior to enrolling at Louisville. Following the Subcommittee's ruling, Lasege sued the NCAA seeking an injunction requiring the NCAA to reverse its decision and reinstate him. The trial court found that there was sufficient evidence to show that the NCAA had acted in an arbitrary and capricious manner and entered a temporary injunction ordering the NCAA to reinstate Lasege. The trial court also addressed the University's concern that the NCAA could potentially impose sanctions on it under NCAA bylaw 19.8 if the injunction was subsequently vacated. This bylaw allows the NCAA to seek restitution from member institutions who permit ineligible athletes to participate pursuant to a court order that is eventually vacated. After finding that the bylaw was invalid because it prevented parties from availing themselves of the protections of the court system, the trial court enjoined the NCAA from future action under the bylaw. The NCAA appealed to the court of appeals, which found the trial court's findings to be supported by substantial evidence and denied the NCAA's motion. The NCAA then appealed to the Supreme Court of Kentucky. @ Copyright 2002, National Sports Law Institute of Marquette University Law School Page 1

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