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NCAA writes letter regarding addition of current athlete to O’Bannon lawsuit

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With the ruling that the plaintiffs in the case of Ed O’Bannon vs. the NCAA, EA Sports and Collegiate Licensing Company would be best served to add a current student-athlete to its case, representatives stated that they would need the NCAA to guarantee that the student-athlete would not be punished for their participation.

Earlier this week the NCAA responded in a letter to Michael D. Hausfeld of Hausfeld LLP (lead lawyer for the plaintiffs), vehemently denying the assertion that a current student-athlete would be unfairly punished for joining the lawsuit.

To be perfectly clear to you, yet again, the NCAA has not and will not retaliate against any student-athlete because he or she participates in litigation against the NCAA, including your lawsuit. Indeed, there have been dozens of cases brought by student-athletes, none of whom have claimed retaliation by the NCAA. Your July 8, 2013 request for a stipulation regarding hypothetical “retaliation” against plaintiffs is completely unnecessary and, given the NCAA’s prior representations on this topic, offensive. There is no good faith basis for your contention that a current student-athlete participating in litigation against the NCAA has any worry of “retaliation, intimidation or coercion” from the NCAA. We have repeatedly made it clear to you in the course of this litigation that participation in a lawsuit against the NCAA has no effect on eligibility, and we can now only conclude that your letter has more to do with grandstanding for the press than actual concern for any potential current student-athletes seeking to join your lawsuit, or any attempt to move this litigation to a just conclusion.

The full letter can be read here.

The future status of the current student-athlete(s) has been a concern since U.S. District Judge Claudia Wilken made the ruling that the plaintiffs would be allowed to make the addition before she decides whether or not the suit will receive class action certification.

But while the NCAA stated that it would not act in a malicious manner towards a current student-athlete that joins the suit, they did close the letter to Hausfeld with the following paragraph:

Finally, while the NCAA has no reason to believe that its member institutions, conferences, athletic departments or coaches would take any action against a current studentathlete who chose to participate in this litigation, we must again remind you that we represent only the NCAA and cannot speak (or sign stipulations) for NCAA schools, conferences, athletic departments or coaches who are not present before the Court. We have no basis or authority to make any representations on behalf of our member institutions, although we are not aware of any facts that would suggest that “retaliation” against a current student-athlete who joined your litigation would be a risk.

Essentially it’s the “well we won’t do anything, but if one of our members were to then that’s something you’d need to take up with them” angle. How much of an impact will that have on a current student-athlete’s willingness to join the lawsuit is the next question that will be asked in determining whether or not the plaintiffs can make the addition.

Ultimately Judge Wilken will make the decision as to whether or not this case should receive class action certification, with the plaintiffs hoping that she’ll grant the request.

h/t USA Today

Raphielle can be followed on Twitter at @raphiellej.

Defensive progress will determine No. 4 Iowa State’s ceiling

Monte Morris
Associated Press
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Even with the coaching change from Fred Hoiberg to Steve Prohm, No. 4 Iowa State remains one of the nation’s best offensive teams. Given their skills on that end of the floor many teams find it tough to go score for score with the Cyclones, and that’s what happened to Illinois in Iowa State’s 84-73 win in the Emerald Coast Classic title game.

Georges Niang scored 23 points and grabbed eight rebounds, with Monté Morris adding 20, nine rebounds and six assists and Abdel Nader 18 points as the Cyclones moved to 5-0 on the season. The three-pointers weren’t falling in the second half, as Iowa State shot 0-f0r-12, but they shot 19-for-24 inside of the arc to pull away from a team that lost big man Mike Thorne Jr. late in the first half to a left knee injury.

Illinois’ loss of size in the paint opened things up offensively for Iowa State, and the Cyclones took advantage. But where this group grabbed control of the game was on the defensive end of the floor, and that will be the key for a team with Big 12 and national title aspirations.

Nader took on the responsibility of defending Illinois’ Malcolm Hill (20 points) in the second half and did a solid job of keeping the junior wing in check, with that serving as the spark to a 12-2 run that put the game away. There’s no denying that the Cyclones can put points on the board; most of the talent from last season is back and the productivity on that end of the floor hasn’t changed as a result. Niang’s one of the nation’s best forwards, and both Morris (who now ranks among the country’s best point guards) and Nader have taken significant strides in their respective games.

Iowa State will add Deonte Burton in December, giving them another option to call upon. Front court depth is a bit of a concern, as Iowa State can ill afford to lose a Niang or Jameel McKay, but there’s enough on the roster to compensate for that and force mismatches in other areas.

But the biggest question for this group is how effective they can become at stringing together stops. Illinois certainly had its moments in both halves Saturday night, but Iowa State also showed during the game’s decisive stretch that they can step up defensively. The key now is to do so consistently, and if that occurs the Cyclones can be a threat both within the Big 12 and nationally.

No. 24 Cincinnati beats George Washington 61-56

Troy Caupain
AP Photo
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NEW YORK (AP) Troy Caupain scored 16 points, including the go-ahead three-point play with 1:38 to play, and No. 24 Cincinnati beat George Washington 61-56 on Saturday in the championship game of the Barclays Center Classic.

The fact the game came down to a three-point play was ironic as both teams took 22 3-point attempts and there were times it seemed a 3-point shooting broke out.

Caupain’s traditional three-point play gave the Bearcats (7-0) a 55-54 lead. After a missed 3 by the Colonials (6-1) Octavius Ellis, who chosen the tournament MVP, scored on a tip-in. Patricio Garino scored on a drive for George Washington with 29 seconds left.

The Colonials let the Bearcats pass the ball around and they finally fouled when Ellis touched the ball with 14 seconds to play. Ellis, a 56 percent free throw shooter, clinched his MVP award by making both for a 59-56 lead. Two free throws by Caupain with 6.1 seconds left capped the scoring.

Farad Cobb and Kevin Johnson both had 11 points for the Bearcats while Ellis had nine points and seven rebounds.

Garino had 15 points for George Washington, Tyler Cavanaugh had 13 and Joe McDonald 11.

The Colonials finished 11 of 22 from 3-point range, not bad for a team that came in shooting 27.9 percent (29 of 104) from there. The 50 percent doesn’t look so good when you consider the Colonials made five of their first six 3-point attempts and were 8 of 11 from beyond the arc in the first half. They went 16:42 between 2-point field goals but led 30-27 at halftime.

The Bearcats were 7 of 22 from 3-point range but their advantage came at the free throw line where they were 10 of 12 compared to George Washington’s 3 of 4.


George Washington: The Colonials beat Tennessee in the opening round and they were 3 of 15 on 3s. … George Washington was off to its best start since it was8-0 in 2005-06. … The Colonials finished 10 for 34 from 2-point range.

Cincinnati: The win gives the Bearcats a 13-1 all-time record against George Washington and this was their sixth straight. The last win came on Jan. 31, 1976. … Cincinnati is 7-0 for the fourth time in the last six seasons. … The Bearcats are 51-8 in and have won 24 of 25 in November under coach Mick Cronin. They have won 49 straight games when scoring over 60 points. The 60th point against the Colonials came with 6.1 seconds to play.


George Washington hosts Seton Hall on Wednesday.

Cincinnati hosts Butler on Wednesday.