10 Legal Issues Collegiate Athletics 1 (2008-2009)

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November 2008 Volume 10, Issue 1


Legal Issues in





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

   IN THIS ISSUE


2  Outgoing
NCAA Infractions
Committee Member
Recommends
Changes
In my nine-year span of
service, the Committee on
Infractions has processed
over 100 major cases, either
through a hearing or through
the summary disposition pro-
cess. Through service on the
Committee and other roles in
college athletics, I have expe-
rienced the NCAA infractions
process from nearly every side.

3  Fourth   Circuit Sides  with  JMU   in Title IX
Dispute
The 4th US.  Circuit Court ofAppeals has affirmed a lower court'
ruling denying a motion for a preliminary injunction, which would
have halted the dismantling ofseveral mostly men' athletic pro-
grams at James Madison University until the court could consider a
plaintiff' discrimination claim.

3  Florida  Gulf  Coastal  Settles  Gender
Discrimination Lawsuits
A school that should be known for its remarkable transition from
NAIA  to Division Ipreliminary status in just 7years is getting
quite the reputation for something else - its gender discrimination
litigation.


                                    5  Coaches   -How
                                    Hard  Is it to Sign a
                                    Multi-Million  Dollar
                                    Deal?
                                    As every lawyer was
                                    taught in his or her first
                                    year contract course, the
                                    essential elements ofan
                                    agreement between two
                                    or more parties are offer,
                                    acceptance, consideration,
                                    legality and capacity.
                                    Additionally, any contract
                                    which terms cannot be
                                    performed and completed
                                    within one year has to be
                                    reduced to writing.

6  Another   Lawyer   Turned   AD:  Indiana  Hires  Fred
Glass
Indiana University has followed the lead of neighboring Notre
Dame  and filled its Athletic Director' position with an attorney
from Indianapolis office of the law firm Baker r Daniels.

7  Resignation Spurs Dismissal of Improper
Investigation   Claim
The Arkansas Supreme Court has dismissed a lawsuit that was
critical of the University ofArkansas's handling of an investigation
within its athletic department.

8  Eight  Questions with Joshua Snyder
Innovation goes hand-in-hand with Josh Snyder, the Associate
Athletic Director for Compliance at Iowa State University. Hes even
been a requested speaker at conferences, where he talks about his
ideas for communicating the importance ofcompliance not only to
student-athletes and coaches, but also the school' fans.

9  Making   the  Case  for Reasonable Standards
You know, once the NC4A membership passes a new rule, the
compliance folks on campus are supposed to find a way to make sure
that rule is understood and then followed. These verifications are
referred to as compliance monitoring systems.


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