Judge Orders NCAA To Reinstate P Andy Oliver, Stop Investigation
By Liz Mullen, Staff Writer, SportsBusiness Journal
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An Ohio state court judge has issued a temporary restraining order against the NCAA, ordering the organization to reinstate the athletic eligibility of Oklahoma State Univ. (OSU) P Andy Oliver, effective immediately. Judge Tygh Tone on Friday also ordered the NCAA to stop investigating Oliver and to produce all items in its investigation file, including documents and tape recordings, to Oliver's attorney. Tone also set a hearing for September 9 in his Erie County, Ohio, courtroom to determine whether to issue a preliminary injunction. "We are disappointed in the ruling granting the temporary restraining order," said NCAA Dir of Public & Media Relations Erik Christianson in an e-mail to SportsBusiness Journal. Oliver was declared ineligible last spring, hours before he was to pitch in a regional championship series game as OSU's ace pitcher. Oliver has contended he has done nothing wrong and his attorney has said in court documents that he was denied the same due process rights afforded to other OSU students who are not athletes. Tone issued the order without hearing arguments from the NCAA, finding that Oliver, who was returning to school this week, would suffer "immediate and irreparable harm" if the order was not issued. Tone: "This court finds that whatever injury could be suffered by the defendant NCAA, if there is any, will not outweigh the potential, as well as on-going injuries, being suffered by the plaintiff absent injunctive relief."
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