What is the name of your state (only U.S. law)? Pennsylvania
I am a college basketball coach. During the 2006-2007 season a student athlete was certified eligible for competition by the compliance office. The student athlete participated in 25 of the 26 games in which the team won 12. He competed in all 12 wins. He also participated in 7 games during the 2007-2008 season and was certified by the compliance officer to participate. The student athlete failed to pass the required number of credits during the fall semester and was declared ineligible for the remainder of the 2007-2008 season. It was also discovered that the student athlete was incorrectly certified for the 2006-2007 season. Consequently a self report was submitted by the director of athletics to the NCAA admitting that the student was incorrectly certified. In the report the AD indicated that it was an oversight by the compliance person however the coach should have known. I was not given an opportunity to be heard. The NCAA sent a letter to the AD stating that the coach is to be suspended for two games.
My argument is I am not part of the protocol to certify student athletes for practice or competition. I was given a form that indicated the S/A was eligible to compete. I also argue that there was no due process and the the NCAA suspended me based on the information that was solely provided by the AD.
Can anyone explain if I have a case to seek an injucntion to have the suspension lifted until the University can conduct an investigation to my lack of due process claim? Also can I file for an injunction in a court? What court? Does an attorney have to file? The first game is this Saturday November 15, 2008.
I am a college basketball coach. During the 2006-2007 season a student athlete was certified eligible for competition by the compliance office. The student athlete participated in 25 of the 26 games in which the team won 12. He competed in all 12 wins. He also participated in 7 games during the 2007-2008 season and was certified by the compliance officer to participate. The student athlete failed to pass the required number of credits during the fall semester and was declared ineligible for the remainder of the 2007-2008 season. It was also discovered that the student athlete was incorrectly certified for the 2006-2007 season. Consequently a self report was submitted by the director of athletics to the NCAA admitting that the student was incorrectly certified. In the report the AD indicated that it was an oversight by the compliance person however the coach should have known. I was not given an opportunity to be heard. The NCAA sent a letter to the AD stating that the coach is to be suspended for two games.
My argument is I am not part of the protocol to certify student athletes for practice or competition. I was given a form that indicated the S/A was eligible to compete. I also argue that there was no due process and the the NCAA suspended me based on the information that was solely provided by the AD.
Can anyone explain if I have a case to seek an injucntion to have the suspension lifted until the University can conduct an investigation to my lack of due process claim? Also can I file for an injunction in a court? What court? Does an attorney have to file? The first game is this Saturday November 15, 2008.