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5 Legal Issues Collegiate Athletics 1 (2003-2004)

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                                                 (4A.           Route To:_  _1     _  _

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

Michigan Case Exposes Riff Between

      Findings of NCAA Committees

Collegiate   Athletics

News  in Brief ..............2


Coaches  Summit  Nets
Some  Results,
Draws  Skepticism ......4

Tennessee  State Gets
Probation, Escapes
Post-season  Ban ......  4

Conference Calendar ..5

More   Important   Cases

Alleged Rape  Victim Names
University as Defendant....8

Knight's Attorney
Appeals  Summary
Judgment  Ruling ......  9

NAIA, Baker  University
are Found  Liable
in Javelin Accident.....9

College   Is Not Liable for
Student-Athlete's  Actions
           Page 3

   The NCAA   has a heart after all.
   Stinging from an additional
one-year post-season ban that the
Infractions Committee placed on its
basketball program, the University of
Michigan appealed, claiming that it
had already been punished enough by
the self-imposed one-year ban it
endured last spring.
   Somewhat  surprisingly, the
Infractions Appeals Committee
agreed, concurring with the university
that the additional ban was excessive
as well as finding other mistakes
made by the Infractions Commitee.
Specifically, the University had
claimed in its appeal that an
additional one-year ban had the
effect of punishing our current,

   Colleges in California were put
on notice last month that their
athletic programs had better make
sure their sporting events have proper
supervision, and a coaching staff that
recognizes the importance of
summoning  medical care.
   That revelation emerged after a
California appeals court reversed a
trial court and held Citrus
Community  College (CCC) liable
after its pitcher hit a batter on the
opposing team in the head, causing
injury. The appeals court found the
college guilty of negligence for

uninvolved student-athletes, which
contradicts one of the core principles
of the NCAA.
   The Infractions Committee did not
see it that way in its May 8, 2003
ruling. In addition to imposing a
second year to the postseason ban the
University had adopted, it leveled
other penalties and corrective
measures that it deemed appropriate.
   This case centered on violations of
NCAA   bylaws governing extra
benefits provided by a booster and
amateurism in the men's basketball
program. Specifically, more than
$600,000 in cash and other benefits
was given to at least four men's
basketball student-athletes by the
                See NCAA on page 10

failing to adequately supervise the
event or provide prompt, suitable
medical care.
    The incident occurred on January
 5, 2001 in a baseball game between
 CCC  and Rio Hondo Community
'College (RHCC). CCC believed the
opposing pitcher had thrown at one of
its players. In apparent retaliation; a
CCC   pitcher threw at the head'of
plaintiff Jose Luis Avila, who was at
the plate. The ball cracked Avila's
    After the incident, the court wrote
               See BEANING on page 9

Digitized from Best Copy Available

  Court Finds College Liable
for  Baseball Beaning Incident

November   2003

Volume  5, Issue I

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