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20 Legal Issues Collegiate Athletics 1 (2018-2019)

handle is hein.journals/lica20 and id is 1 raw text is: 

November 2018 Volume 20, Issue 1


Legal Issues in




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


2 Preliminary Injunction Granted in Title IX
    Action at Eastern Michigan University
A federal judgefrom Eastern District of Michigan has granted a
request for a preliminary injunction made by two female Eastern
Michigan University (EMU) athletes, who had sued the univer-
sity, claiming it violated Title IX when it eliminated four sports
programs -  Women' Softball, Women' Tennis, Men' Swim-
ming, and Men' Wrestling.

3 Court Dismisses Coach's Novel Premises-
    Liability Claim Involving Unruly Fan
A federal judgefrom the Northern District of Illinois has granted
the University of Chicago's motion to dismiss apremises-liability
claim brought by a University of Chicago assistant football
coach, who alleged that the university was negligent when it
allowed an inebriated fan, who assaulted the coach, into a
restricted area around the stadium.

4 McCarthy Named Ole Miss Senior Associate
    General Counsel
Paul McCarthy, an experienced lawyer with an extensive
background in intercollegiate athletics, has been named senior
associate general counsel and athletics compliance officer and at
the University ofMississippi.

5 Judge Rules NCAA's Show-Cause Order
    Violates Calif. Law
More than seven years ago, former University of Southern
California (USC) football coach, Todd McNair. brought a state
court action against the National Collegiate Athletic Association
(NCAA or Association) on numerous counts, one of which chal-
lenged the NCAA' coach disciplinary rule known as a 'show-
cause order. In October of2018, California Superior Court
Judge Frederick Shaller issued a finding in support ofMcNair,
determining that the NCAA' 'show-cause rule violated state
law by creating an unlawful restraint that impaired McNair's
ability to successfully seek a job in a lawfulprofession (i.e., col-
lege coaching). As Judge Shallerpointed out, McNair' ability
to practice his profession as a college football coach has been
restricted, if not preempted, not only in Los Angeles, but in every
state in the country (as quoted in Clifton, 2018, para. 3).


7 Big Ten, NCAA Log Partial Victories in
    Concussion Litigation
A federaljudgefrom the Northern District of Illinois has granted
in part and denied in part a motion to dismiss filed by the
NCAA and Big Ten Conference, which were named as defen-
dants in a concussion lawsuit.

9 Former Coach Finds Partial Success in
    Discrimination Claim Against Alabama State
A federal magistrate judgefrom the Middle District ofAlabama
has left intact part of a discrimination/retaliation claim against
Alabama State University (ASU), which was initiated by the
school'former women' softball coach. ASU had filed a motion
for summary judgment, which was granted in part and denied
in part.

    'One and Done' May Soon Be DONE!
 7he controversial NBA rule that keeps basketball players from
 beginning their professional careers until they've completed one
 year of college play may soon be history

 4 Study Seems to Support the Use of 'Hit
    Counts'
 Whether some football players suffer from concussion after a blow
 to the head may depend on the number and severity of head
 impacts that they sustain in the days, weeks, and months leading
 up to the concussion, rather than a single large head impact.


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