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.

Bates-Diop, No. 22 Ohio State top Minnesota 67-49

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NEW YORK (AP) — Keita Bates-Diop had 17 points and 12 rebounds, leading No. 22 Ohio State over Minnesota 67-49 Saturday for its seventh straight win.

The game was part of a two-sport Big Ten doubleheader at Madison Square Garden. At night, Minnesota and Michigan State were set to meet in hockey.

The Buckeyes (17-4, 8-0 Big Ten) used a 24-2 burst to overcome a 10-point deficit midway through the first half. They stayed in control, and went on to match last season’s win total.

Kaleb Wesson added 15 points and eight rebounds for Ohio State.

Amir Coffey, who missed five games because of a shoulder injury, scored 11 points for the Golden Gophers (14-8, 3-6). Jordan Murphy had 13.

Maye, Pinson help No. 15 UNC beat Georgia Tech 80-66

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CHAPEL HILL, N.C. (AP) — Luke Maye had 17 points and 11 rebounds, and No. 15 North Carolina beat Georgia Tech 80-66 on Saturday.

Theo Pinson added 11 points and 10 rebounds, and Joel Berry II and Cameron Johnson finished with 16 points apiece to help the Tar Heels (16-4, 5-2 Atlantic Coast Conference).

They shot 42 percent and dominated the glass, building a 46-25 rebounding advantage and scoring 26 second-chance points to Georgia Tech’s four.

Jose Alvarado scored 17 points and hit four 3-pointers, including one that pulled the Yellow Jackets to 70-62 with about 3½ minutes left. But he fouled Berry on the Tar Heels’ ensuing possession — and then stepped over him, earning a technical foul with 3:21 to play.

Berry hit three of the four free throws he was awarded to put North Carolina’s lead into double figures to stay. The Tar Heels were 19 of 24 from the line, while Georgia Tech was just 3 of 6.

Josh Okogie led Georgia Tech (10-9, 3-3) with 18 points, while Ben Lammers and Abdoulaye Gueye each had 12. The Yellow Jackets were just 5 of 18 from 3-point range.

BIG PICTURE

Georgia Tech: The Yellow Jackets had won four in a row before this two-game run against top-15 opponents. After suffocating against No. 2 Virginia’s ACC-best defense, Georgia Tech couldn’t keep up with North Carolina’s fast-paced offense, which averages nearly 83 points — especially after one stretch in which it had two field goals in 10-plus minutes.

North Carolina: The Tar Heels’ winning streak remains intact, but Berry had a rough day until his free-throw bonanza all but iced it. The most outstanding player at the Final Four finished just 3 of 17 from the field and was just 1 of 8 from long range.

VIDEO: Ted Valentine apologizes to Joel Berry for incident

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Two weeks ago, during a North Carolina loss at Florida State, official Ted Valentine missed an obvious foul committed on Joel Berry that resulted in a turnover.

When Berry went to ask TV Teddy about the no-call, the veteran referee turned his back on Berry.

Literally.

Today, prior to Georgia Tech’s game at North Carolina which Valentine officiated, he apologized to Berry for the previous incident:

“He was just telling me that he apologized for what he did,” Berry said after the game. “That’s all he said, just apologized and made sure that there was nothing wrong between us and I told him it was all good, it was in the heat of the moment.”

Xavier’s win over Seton Hall shows they’re still a team to be reckoned with

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J.P. Macura had arguably the best game of his career as the senior guard helped will No. 11 Xavier to a 73-64 road win over No. 19 Seton Hall in the Big East on Saturday.

Putting together a strong effort on both ends of the floor, Macura finished with 27 points, five rebounds and three assists as he punctuated a Musketeers comeback with a monster tip dunk in the game’s final minutes. This was arguably the biggest win of the year for Xavier — the first road win against a top-25 team and a comeback after losing for a sizable chunk of the contest.

Macura’s efforts on both ends as the star in this one proved how dangerous Xavier can be and why they’re still a force to be reckoned with for the rest of the season. Already hovering in the range of a No. 2-3 seed, the Musketeers should elevate into the top ten of the national rankings after another bloodbath week for the best teams in college basketball.

And Xavier is showing plenty of balance by having multiple players who can take over a game. Senior Trevon Bluiett (15 points) is the All-American candidate who has often been celebrated for much of his career but he doesn’t need to play to his best for the Musketeers to beat strong opponents.

Macura seems to feed off of certain situations and the Seton Hall home crowd chanting at him must have done something to help ignite a big performance. Diving for loose balls and knocking down big shots, Macura made plays all over the floor as he’s capable of taking over a game when Xavier needs him.

Others like Kerem Kanter on the interior, Kaiser Gates on the wing, or Naji Marshall running the wing also chip in plenty of points. This team can use balanced scoring with the heavy lifting being done by the hot hand as a dangerous concoction that’s tough for opponents to stop.

Just 10 days ago, Xavier was reeling following a loss to Providence and a blowout road loss to Villanova in Philadelphia. After a three-game winning streak that includes a blowout win over Creighton and a comeback win over Seton Hall on the road, the Musketeers are right back in the Big East title race.

The next month also proves to be fairly average from a scheduling standpoint for Xavier. There isn’t a ranked opponent on the schedule until a rematch with Seton Hall in Cincinnati on Feb. 14 and another big home game against No. 1 Villanova looms right after.

If Xavier continues to pile up wins — they do have tourney-caliber opponents in Butler, Creighton and Marquette — and sweep Seton Hall, then they’ll still get a home game against Villanova that could decide the conference. If both teams keep winning that could even be an important game for the No. 1 seed discussion.

Don’t look now, but Xavier is right back in the top ten and they could stick around for a bit.

Trae Young’s 48 points not enough as Oklahoma State upsets No. 4 Oklahoma

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Trae Young snapped out of his slump, tying a Big 12 record and setting a career-high by scoring 48 points, but No. 4 Oklahoma still fell in overtime on the road against in-state rival Oklahoma State.

The Cowboys jumped out to a 25-6 lead as Young continued to struggle early on in the first half. The Sooners trailed 42-30 at the break, but they were able to rally throughout the second half and only headed to overtime after Kendall Smith hit a three to tie the game at 73 with 6.2 seconds left. Young missed a three at the buzzer that would have won the game.

This win puts Oklahoma State squarely in the bubble conversation. The Cowboys are now 13-6 on the season. They’re only notable wins to date are Oklahoma and Florida State, but they’ll have plenty of chances to add to that résumé over the final two months of the season.

The loss is the second in a row and third in the last five games for the Sooners. All three of those games came on the road, where it has been nearly impossible to win in the Big 12.

Since Texas Tech won at Kansas and TCU won at Baylor on January 2nd, Big 12 road teams have gone 2-22. (At the time of this posting, TCU was trailing at Kansas State and Kansas was yet to tip off at home against Baylor.) Those two wins were Kansas at TCU and Kansas at West Virginia, meaning that for the last 18 days, the only team to win a road game in the Big 12 is the program that has won 13 straight Big 12 regular season title.

With that in mind, Young’s performance was … almost promising?

There is no shame in this loss. Yes, it puts the Sooners two games behind the Jayhawks in the conference title race, but winning the Big 12 regular season title isn’t their only goal this year, and for Oklahoma to come anywhere near reaching any of those goals, they’re going to need Trae Young to be better than he has been over the course of the last two weeks.

Young was in the second half on Saturday. Where the concern truly lies is with the supporting cast. Young shot 14-for-39 from the floor in this loss. The rest of the Oklahoma team shot 14-for-43. Young shot 8-for-20 from three. His teammates shot 2-for-15. Young made all 12 of his free throws. His teammates shot five and missed two. Young scored 48 points. Every other Sooner combined for 33.

As I wrote last week, part of the reason for Young’s struggles was because he was trying to do too much.

Maybe this is why.

It’s a catch-22.

Young needs to be able to trust that his teammates can make winning plays when defenses key on him and take him out of the game, but his supporting cast – Brady Manek, Christian James, Kameron McGusty – need to give him a reason to trust them.