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9 Legal Issues Collegiate Athletics 1 (2007-2008)

handle is hein.journals/lica9 and id is 1 raw text is: LEGAL 1 Js iN Route To: / / / COLLEGIATE ATHLETICS A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics AD Hires Coach, Despite Violations.....2 Appeals Court Finds Ohio State Men's Basketball Coach's Breach of Contract Not Material.....3 Conference Calendar..4 Recruiting Infractions Lead to Severe Penalties in University of Arkansas Track Program.... 5 CSRI Announces Advisory Committee Members........6 AD Analysis: How the University of Michigan Lost Les Miles.....7 Personnel Moves..9 News In Brief.......10 Spread of MRSA Leaves Legal Questions Unanswered.....12 Alabama Jury Sends On November 29, ajury in Alabama awarded $5 million to a former University ofAlabama football booster, Ray Keller, who claimed the NCAA defamed him when it announced the imposition of penalties on the Crimson Tide in 2002. Keller maintained that the NCAA wrongly lumped him in with other boosters who were accused of making improper contacts and payments to recruits in the 1990s. Atimber dealer and Crimson Tide fan, Keller argued that the NCAA slandered and libeled him during the announcement of penalties by referring to him and others as rogue boosters, parasites and pariahs. According to press reports, the NCAA did not use the name of Keller or other boosters in announcing penalties against Alabama, but their a Message to NCAA By Rick Karcher names appeared in news accounts and the university sent Keller a letter barring him from its athletics program. The jury awarded him $3 million in punitive damages, $1 million for mental anguish, $500,000 for economic loss and $500,000 for damage to reputation. One only needs to review the press reports to realize that this case essentially amounted to a rehearing of the penalties imposed on the Alabama football program five years ago by the NCAA, but this time the case was heard by twelve Crimson Tide fans. For example, Keller indicated that he felt this verdict could help show that Alabama was also wronged: Ifthis does anything to vindicate them, great. I'm an Alabama fan now, and I was when this started. Press reports also stated See ALABAMA page 8 Court Finds that Facility Owes No Duty of Care to Spectators The New York State Court of Appeals, the state's highest court, held last month that a facility does not have to warn or to protect non-patron spectators who are injured, while retrieving foul balls outside of a baseball stadium. In Haymon v. Pettit, 2007 Slip Op 09071 (November 20, 2007), the plaintiff's 14-year old son sustained personal injuries when he was struck by an automobile as he chased a foul ball into traffic outside ofa stadium operated by the defendant. The defendant offered Outside of Stadium By Carla Varriale free tickets to people outside of the stadium who retrieved foul balls and returned them to the ticket window as part of a promotion. The motion court held that the defendant owed a duty of care to prevent non-patron spectators from chasing foul balls into the nearby street because it created a foreseeable dangerous condition. The Appellate Division reversed and dismissed the action. Because two justices dissented and voted to affirm the motion court's See STADIUM on page 6 Digitized from Best Copy Available December 2007 Volume 9, Issue 2

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