• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

college coach

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

vousetje

Junior Member
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.
 


racer72

Senior Member
My cousin is a coach at a small Division II school and he has an agent that just happens to be an attorney. I would suggest you need the same, at least the attorney part. As far as due process goes, the NCAA is a private organization and does not have to provide due process. Based on other similar reports I have read about in the news, you should have the right to file a grievance, this is something you would likely have to do through your AD. Also, as far as the penalty, it is designed to penalize the institution for violating the rules. The NCAA cannot suspend players that were not involved. The NCAA cannot suspend the AD or others under the AD. Who does that leave? You. There are many instances of a coach being punished for transgressions they had no control over.
 

vousetje

Junior Member
Thanks for your insight, especially the agent/ lawyer.
I believe the AD is the one that made the recommendation to the NCAA. Plus we have not seen eye to eye for quite sometime. My argument is when the AD did the self report did not give me an opportunity to be heard. Did not follow University proceedure in terms of disciline issues with employees.

At this point the University will now investigate and my suspension has been delayed. This just happenend today.

What I don't understand is an AD can basically submit a self report make a recommendation of the sanction and as a coach I have no standing to appeal on my own to the NCAA. My hope in this case is the Univesity decides the sanction was to severe and misplaced. Of course the NCAA is going to want blood:eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top