Kentucky Sports Radio
[Moderated by Matt Jones]
[Moderated by Matt Jones]
Last night the New York Times came out with a report that beat all the local news outlets (there is a shock) about UK baseball player James Paxton’s lawsuit against the University. According to the Times article (linked below), Paxton was drafted last year by the Toronto Blue Jays prior to his Senior season. He decided not to sign with the Blue Jays, and instead came back to Kentucky for his Senior year. As is sometimes the case, this sparked a look by the NCAA into the circumstances and Paxton alleges that he was told by a UK official that he should meet with NCAA investigators, but should not tell his parents or have an attorney present. Paxton also alleges that Athletic Director Mitch Barnhart told him that if he did not meet with the NCAA, he would not be able to play for Kentucky this season.
I have not seem the lawsuit or the allegations made by Paxton and am solely relying on the NY Times story. However if its recitation of the facts are correct, this suit is part of a larger trend of suits against Universities to determine how the power of the NCAA can be used over athletes. Paxton’s attorney brought a similar suit against the NCAA, alleging that the organization’s decision to conduct an investigation of an Oklahoma State athlete without allowing him access to an attorney, violated the laws of the athlete’s home state. All of these cases have a similar theme, which is the testing of the NCAA’s near authoritarian control over its student-athletes and the potential that it (via state universities) does not give players their legal rights in making its decisions.
I have no idea how the Paxton case will play out or if the allegations have any merit. But the theme of the case is one that I believe we will continue to see. The NCAA (as shown in its ABSURD handling of the Memphis basketball affair) acts as if it answers to no one and only must follow its internal regulations. Cases like this one are seeking to change that.
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December 3rd, 2009 at 11:51 am
KSR is having difficulties …….
December 3rd, 2009 at 11:53 am
Ok, sounds perfectly fine with me. Meet with the NCAA to make sure you can still play, and you can…so is he not wanting to meet with the NCAA and expects UK to play an ineligible player?
December 3rd, 2009 at 12:00 pm
It is the NY Times, so at least some of the facts might be partially true.
December 3rd, 2009 at 12:03 pm
#2, yeah seems to me this is another stupid lawsuit…on a brighter note…anyone see John Wall on ESPN’s main page? He’s considered a “NEXT” athlete and the story will be in the December ESPN magazine.
December 3rd, 2009 at 12:06 pm
Computer problems are turrible.
December 3rd, 2009 at 12:18 pm
2,4 Obviously Matt’s point about the suit’s intention to limit the NCAA’s use of punitive and capricious rulings is beyond your comprehension. For the student to not be able to consult an attorney or in this case even his parents is totally absurd. I bet if your child was treated in that matter you would not be so understanding.
December 3rd, 2009 at 12:19 pm
Quite frankly, if this is true, I hope this kid wins against the NCAA. A lack of accountability and an attitude of disregarding anything that resembles due process for schools and student athletes is sickening. The NCAA is is in desperate need of a massive overhaul.
December 3rd, 2009 at 12:24 pm
Case is filed in Fayette Circuit Court, but it’s not on a docket yet (based on what a quick Ky. Court Records search turned up.) Would be interested to read the complaint.
December 3rd, 2009 at 12:30 pm
#7 - Agree - the NCAA is out of control. I know Matt referenced the treatment of Memphis, but if you have not seen the latest (in last day or so) you need to read the article in the Memphis paper: http://www.commercialappeal.com/news/2009/dec/02/ncaa-rethinks-penalti es/
Briefly, it says if Memphis wins the appeal, the NCAA might make additional sanctions. The clear threat is that they should just take the vacated season or risk loss of future scholarships and/or post season play. I guess the NCAA has never heard of double jeopardy..
So, yes #7, I hope the kid wins vs the NCAA….
December 3rd, 2009 at 12:45 pm
9- The NCAA has never hear of double jeopardy? This is like triple jeopardy at least, they determined the player was cleared to play, then determined he had never been cleared to play and memphis should be punished, now, because memphis challenged their ruling, memphis ought to be punished more.
This lawsuit, along with reading the NCAA rulebook, really proves that the NCAA is NOT designed to ensure the best interests of the student-athletes, it’s just the best way they’ve come up with to ensure that the universities and the ncaa get paid.
December 3rd, 2009 at 12:50 pm
9 - Thanks for the link, but it angers me when I read more strong-arm tactics like this. It is, sadly, standard operating procedure for an organization that is police, prosecutor, judge (and appelate judge, and executioner. Who runs that place? Michael Corleone?
December 3rd, 2009 at 12:53 pm
#10 - Triple jeopardy indeed. I will say, however, that allowing Rose’s brother to ride on the plane without asking for reimbursement might actually be a “clerical error” but they better prove it. More than likely, after watching the AD up close and personal in Memphis, it is probably just a poorly run ship. Makes me even more happy to have a competent compliance officer in Sandy Bell up in Lexington.
December 3rd, 2009 at 12:55 pm
11 - You are welcome. It amazes me how little press this recent development is getting nationally. Corleone connections run deep, I guess.
December 3rd, 2009 at 12:59 pm
The problem with this is due process, double jeopardy, etc. are all rights of the citizenry vis a vis the government (federal or state). The NCAA is not a government agency and has thus far consistently been held to not be a government actor. Therefore none of those rights apply to the NCAA and it is free to play by its own rules. Until the courts determine that the NCAA is a government actor, thereby ruling that due process, double jeopardy, etc. are applicable to the NCAA none of this will change.
December 3rd, 2009 at 1:16 pm
The better situation would be for universities and colleges to abandon the NCAA and either create their own intercollegiate association or join an established organization, such as the NAIA. The problem with either is that the NCAA brings in millions (billion?) of dollars each year that is then doled out to member institutions. Few schools would ever contemplate giving up that kind of money.