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21 Legal Issues Collegiate Athletics 1 (2019-2020)

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November2019 Volume 21, Issue 1


Legal Issues in

    CLLE                                         fEAT LIIlC


A Report of Court Decisions, Legislation and Regulations Affecting Collegiate Athletics

  IN I ISSUElI[$1]


2 Ex-College of Holy Cross Basketball Coach
    Sues for Breach of Contract, Defamation, Age
    Discrimination
 William P Gibbons, who served as the women' basketball coach
 at the College of the Holy Cross for 34years, has sued the school,
 its president and other officials in Worcester Superior Court for
 breach of contract, defamation, age discrimination, infliction of
 emotional distress, and other wrongdoings in connection with his
 termination earlier this year.

    Name, Image, Likeness and NCAA: What You
    Need to Know
 On September 30, 2019, Gov. Gavin Newsom signed Califor-
 nia' Fair Pay to Play Act, a law targeted at providing compensa-
 tion to student-athletes for use of their name, image and likeness.

 5 Lessons Learned from Feleccia v.
    Lackawanna College
A recent Pennsylvania Supreme Court decision has the possibility
of expanding athletic programs' duty ofcare to student-athletes
and limiting the protection provided by waivers of liability.
In Feleccia v. Lackawanna College, student-athletes injured
during afootballpractice sued Lackawanna College because the
two individuals who were hired to serve as athletic trainers did
not have the required state licenses. 2019 WL 3917069 (Pa.
2019). 7his article highlights three major takeawaysfrom Felec-
cia that schools, athletic programs, and their attorneys should
keep in mind when navigating the duties of care they owe to
their student-athletes.

7 Nebraska Softball Players Threatened Boycott
    Over Alleged Head Coach Mistreatment
Just days before the University of Nebraska - Lincoln (UNL)
softball team (otherwise known as the Huskers) was to start prac-
tice in the fall of 2019, members of the team broke their silence
about alleged mistreatment they were subjected to while playing
for long-time head coach Rhonda Revelle.


    Federal Judge Dismisses Athlete's Due-
    Process Claim
A federal judge granted a motion to dismissfiled by Southeastern
Louisiana University in a suit brought by a former volleyball
player, who alleged the schools athletic department failed to
provide due process concerning the non-renewal of her athletic
scholarship.

1 Ex-Auburn Softball Pitcher Sues for
    Discrimination, Retaliation
Former Auburn softballplayer, Alexa Nemeth, has suedAuburn
University, and others, for sexual discrimination and retaliation
under Title IX, 20 U.S.C. § 1681, and 42 U.S.C.

I I Court Sides with Plaintiff in Miller v. Board of
    Regents at UMD
Successful head coaches are often difficult to work with, and
so it was with Shannon Miller. Miller was the successful head
coach of the University ofMinnesota-Duluth (UMD') women'
hockey program. She had a storied career on the ice, but within
the athletic department she was no stroll on the beach. Perhaps
that was the real reason the school terminated Miller, or maybe
it was claimed financial situation, or both.

    North Idaho Coach Alleges that Termination
    Was Retaliation
North Idaho College Wrestling Coach Pat Whitcomb has filed an
intent to sue the school and others, after he was fired earlier this
year.

1   Journal of NCAA Compliance Hits the Stands
Hackney Publications, the nations leading publisher of sports
law periodicals, has announced the publication of the Septem-
ber-October issue of the Journal of NCAA Compliance.


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