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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.

PREGAME SHOOTAROUND: Some conference matchups play out before football

Oregon forward Dillon Brooks, left, reacts after scoring a basket against Utah during the second half of an NCAA college basketball game in Salt Lake City, Thursday, Jan. 14, 2016. Oregon defeated Utah 77-59. (AP Photo/George Frey)
(AP Photo/George Frey)
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GAME OF THE NIGHT: Utah at No. 16 Oregon, 4:00 p.m.

From Rob Dauster’s Weekend Preview:

Utah suffered one of the worst losses I’ve seen in a while on Thursday night, when Brandon Taylor, for some unknown reason, decided to foul an Oregon State player firing up a half court prayer at the buzzer. The Utes, who are arguably the second-best team in the Pac-12, will look to bounce-back on Sunday against the best team in the Pac-12, No. 16 Oregon at 4:00 p.m.

FIVE THINGS TO WATCH FOR:

1. No. 12 SMU will attempt to stay atop the American standings as they travel to South Florida. While the Mustangs won the first matchup between these two teams at home by 14, they’ve dropped their last two games on the road.

2. A few more American contests are going down as East Carolina travels to UConn and Houston heads to Tulsa. The game between the Cougars and Golden Hurricane is especially interesting because both teams are sitting two games back of SMU and trying to make a move on the postseason.

3. No. 5 Iowa continues the soft part of the schedule as they face Illinois on the road. The Hawkeyes posted recent easy victories over Northwestern and Penn State and will be heavily favored again on Sunday.

4. Could be an intriguing game as No. 17 Miami travels to Georgia Tech. Although the Yellow Jackets aren’t a major contender in the ACC, they’ve been tough this season, especially at home. The Hurricanes fell victim to Georgia Tech last season while they were ranked by Marcus Georges-Hunt has to get back on track after a recent slump for that to happen.

5. There is an Atlantic 10 game that will be featured on NBCSN on Sunday: Saint Louis at St. Bonaventure (2:00 p.m.).

CLICK HERE to watch these games on NBC Sports Live Extra Sunday afternoon.

Illinois State ends No. 21 Wichita State’s 12-game win streak

Fred VanVleet
AP Photo/Sue Ogrocki
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Having won 12 straight games, No. 21 Wichita State entered the weekend one of the hottest teams in the country. And with a four-game lead atop the Missouri Valley standings, clinching the regular season title was more a matter of “when” as opposed to “if.” But none of that mattered Saturday night at Illinois State, as the Redbirds managed to hand the Shockers their first conference loss by the final score of 58-53.

In addition to the 12-game win streak, which was second to Stony Brook (15 straight wins), Wichita State also saw its 19-game win streak in Valley regular season games come to an end. Illinois State was the last Valley team to beat Wichita State, eliminating the Shockers in the Arch Madness semifinals last March, and they played with the confidence of a team that believed it could win.

And after a rough first half the Redbirds found a way to come back, erasing a 16-point second half deficit in the process.

Wichita State’s issue in the second half was the fact that they couldn’t make shots. The Shockers shot just 26.7 percent from the field and 1-for-14 from three in the second half, with Fred VanVleet going scoreless and Shaq Morris scoring just one point. And just two players, Ron Baker and Conner Frankamp, managed to make multiple field goals in the game’s final 20 minutes. Illinois State certainly deserves credit for that, as they took away the quality looks Wichita State was able to find in building its lead.

And on the other end of the floor Paris Lee took control of the game during Illinois State’s comeback, scoring 13 of his 19 points in the second half with Deontae Hawkins adding 11 second-half points. Illinois State was even worse from the field, finishing the game shooting just over 27 percent from the field. But they were able to attack the Wichita State defense and get to the foul line, outscoring the Shockers 22-9 from the charity stripe. And in a game in which neither team could get much going offensively, the ability to get points from the line proved to be the difference.

This defeat doesn’t help Wichita State, but did anything really change? Maybe the margin for error when it comes to an at-large bid gets a little smaller with the loss in the eyes of some. But when considering injuries to the likes of VanVleet and Anton Grady in non-conference play, those early season losses are understandable. Saturday was a rough night for Wichita State, but given the maturity and talent on at Gregg Marshall’s disposal the Shockers will be fine moving forward.