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12 Legal Issues Collegiate Athletics 1 (2010-2011)

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November 2010 Volume 12, Issue 1


Legal Issues in



COLLEG IATE ATHLET ICS


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


2  Court  of Appeals   Rules                0
Football  Player  May  Proceed
with Negligence Lawsuit
The 8h U S. Circuit Court ofAppeals has
affirmed a district court' decision not to
disturb a jury' verdict, which favored a col-
legefootballplayer in his negligence lawsuit
against an orthopedic and physical training
clinic.

3  Hiring Assistant   Coaches:
Lessons   for Coaches,   Job
Candidates   and  Athletic
Directors
Earlier this year, ajury in Hennepin County
(MN)  District Court awarded just under
$1.25 million to Jimmy Williams, former Oklahoma State Uni-
versity basketball assistant coach, who successfully claimed Coach
Tubby Smith and the University ofMinnesota offered him ajob
and subsequently rescinded the offer. In post-trial motions, the uni-
versity moved to reverse the verdict or, in the alternative, for a new
trial. The judge denied both motions.

3  Student-Athlete   Recruiting  and  the Campus
Visit
The recruitment ofprospective student-athletes is a tedious and
never-ending task for college coaching staffs. SuccessflI recruiting re-
quires the formation ofrelationships between the coaching staffand
the prospect, prospectsfamily members, coaches and others within
the prospects sphere of influence.


                                         rnoio Dy iviax 1-laCKney

5  Conference,   as  Indirect Funds  Recipient,  May
Be  Liable
A federal judge from the Northern District ofAlabama has re-
fused the dismiss the lawsuit of several former members of Samford
University' softball team, who sued The Southern Conference,
alleging that it violated Title IX when it reduced the number of
teams advancing to post-season tournaments in men' and women'
soccer, men' and women' tennis, women' volleyball, and women'
softball.

7  Athlete's  Sexual  Harassment Claim Survives
Motion   to Dismiss
A student athlete, who alleged that she was a victim ofsexual ha-
rassment by her coach and that her school condoned it, has with-
stood, for the most part, the school' motion to dismiss.

9  Conferences Settle to Avoid Getting 'Tied Up in
the  Courts'
The remaining six presidents in the Western Athletic Conference
have reached an agreement with their counterparts at Fresno State
University and the University of Nevada, which will delay the
departure of those two schools from the WAC to the Mountain West
Conference.


10  News   in Brief


. . . .. .. . .


I  IN THIS ISSUE


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