NCAA Calls Lawsuit By Ineligible OSU Pitcher "Inappropriate"

By Liz Mullen, Staff Writer, SportsBusiness Journal

NCAA Calls Oliver's Lawsuit Inappropriate

The NCAA called a lawsuit filed against it by Andy Oliver, an Oklahoma State Univ. (OSU) pitcher declared ineligible earlier this year, “premature and inappropriate,” and said the school was responsible for preventing Oliver from starting in a college regional championship series game. Oliver has filed suit against his former advisors and the NCAA and has asked an Erie County (OH) judge to restore his eligibility and for unspecified compensatory punitive damages in the suit that was filed in late June. The NCAA in a statement said: “The complaint incorrectly states the NCAA was responsible for [OSU] sitting out the plaintiff during recent competition. That decision was [OSU's] alone. There has been no determination by the NCAA in this matter. There is also a process in place for student-athlete reinstatement that should precede any review by a court. In that regard, this lawsuit is premature and inappropriate."

RESPONSE BY SCHOOL, ATTORNEY: OSU Associate AD/Compliance Scott Williams said, “Once we were informed there was an issue, the NCAA and Oklahoma State began conducting a joint investigation into the matter. During that investigation, it was determined a violation of NCAA rules had occurred and as a member institution of the NCAA, the rule that was violated required the institution to declare Andy Oliver ineligible. Because we obtained information in the investigation that a violation had occurred, if we chose to play the student athlete at that point in time, we are placing the institution at risk.” Richard Johnson, Oliver's attorney, said the NCAA statement that OSU acted alone in making the decision was “untrue” because the school was forced to make the decision or face penalties imposed by the NCAA. Johnson: “In this case, OSU had no freedom but to follow the NCAA’s lead." Johnson added the NCAA’s statement that the lawsuit was inappropriate and premature was also “untrue.” Johnson noted that in the NCAA rules, only OSU can seek Oliver’s reinstatement, but the athlete cannot seek his own reinstatement. Johnson: “Andy Oliver has no standing in the NCAA system.”