Entertainment & Sports Law
Ohio Judge Axes NCAA Ban on Lawyers for Student-Athletes
Posted Feb 13, 2009, 01:56 pm CST
By Martha Neil
An Ohio judge's finding that a National Collegiate Athletic Association ban on student-athletes using attorneys in contract negotiations is "arbitrary and capricious" could encourage significant legal representation changes nationally concerning Major League Baseball draft picks.
The ruling came in a case filed by Andrew Oliver, an Oklahoma State pitcher. Drafted out of high school to play professionally, he had his lawyer present at negotiations with the Minnesota Twins. University officials later declared him ineligible to play college ball after his status became an issue with the NCAA, reports the New York Times.
“Student-athletes must have their opportunity to access the court system without fear of punitive actions being garnered against themselves or their institutions and teams of which they belong,” writes Erie County Judge Tygh Tone in his opinion. His decision yesterday makes permanent a temporary injunction granted in August 2008.
The NCAA reportedly plans to appeal.
Oliver, who never played for the Twins although he considered doing so, is seeking monetary damages. A subsequent trial will be held to determine the amount, according to the Associated Press.