NCAA Men's Championship Game - Kansas v Kentucky

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.

Carter leads No. 2 Maryland past Cleveland State, 80-63

Melo Trimble
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COLLEGE PARK, Md. (AP) Robert Carter had 17 points and eight rebounds to help No. 2 Maryland beat Cleveland State 80-63 on Saturday night.

Jared Nickens added 16 points, and freshman Diamond Stone had a season-high 15 points for Maryland (6-0), set for a showdown with No. 9 North Carolina in the ACC/Big Ten Challenge on Tuesday night.

Demonte Flannigan scored 11 of his 20 points in the first half, and Rob Edwards added 14 points for Cleveland State (2-4), which was 3 of 12 (25 percent) from 3-point range. Vinny Zollo went 5 of 7 from the field and had 11 points for the Vikings.

Maryland led by just four at the break and took control by increasing the pressure to open the second half. A dunk by Stone capped an 8-0 run and the Terrapins led 45-33 with 17:06 left.

From there, the Terps used their size and depth to wear down the Vikings, who could not get closer than nine points the rest of the way. Nickens and Jake Layman hit 3-pointers and Maryland opened a 64-49 lead with 7:43 remaining.

The 6-foot-7 Flannagan picked up his fourth foul with just under 10 minutes left, hampering the Vikings at both ends of the court. A putback by Nickens and a pair of free throws boosted Terrapins’ margin to 70-53 with 5:18 left and they were never threatened the rest of the way.

Maryland was 15 of 18 from the free-throw line and had a 27-22 rebounding edge.

Maryland could not shake Cleveland State in the opening half and a jumper by Kenny Carpenter gave the Vikings their first lead, 25-24, with 8:03 left. Nickens responded with three straight 3-pointers that helped the Terps take a 37-33 lead at halftime

Maryland shot 14 of 23 (60.9 percent) in the opening half.


Cleveland State: The Vikings also lost their only other matchup against the Terrapins, 95-84, on Dec. 5 1984. … Maryland was Cleveland State highest-ranked opponent since Nov. 26, 1999, when it lost to No. 1 Cincinnati, 90-56.

Maryland: The Terrapins won their 29th consecutive game at home against an unranked team. … Maryland extended its winning streak in November to 16 games, having not lost since Nov. 17, 2013, against Oregon State (90-83).


Cleveland State is at Toledo on Wednesday night.

Maryland plays at No. 9 North Carolina on Tuesday night in the ACC/Big Ten Challenge.

PREGAME SHOOTAROUND: Kris Dunn vs. Denzel Valentine; Two 6-0 teams from Ohio battle in Orlando

Kris Dunn
AP Photo
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GAME OF THE DAY: No. 3 Michigan State vs. Providence, 9:00 p.m. (ESPN2)

Two Player of the Year candidates lock horns on Sunday night as Michigan State senior Denzel Valentine battles Providence’s Kris Dunn. Both players are strong threats to record a triple-double each time they take the floor and both are key reasons why their teams are 6-0. The Friars could probably use this game a bit more than Michigan State since they enter this game unranked and could use another confidence-boosting win for a team filled with newer players. As for the Spartans, winning the Wooden Legacy would mean another great accomplishment before December even started for a team that has national title aspirations.

THIS ONE’S GOOD TOO: No. 23 Xavier vs. Dayton, 3:30 p.m. (ESPN2)

These two 6-0 teams from Ohio will meet in Orlando in the championship game of the AdvoCare Invitational. The Musketeers have six different players averaging at least 9.7 points per game this season as they’ve received great balance on the offensive end. As for Dayton, Charles Cooke as emerged as a go-to player early this season while guard Scoochie Smith has also been outstanding. This will be the first time these two schools have played since Feb. 16, 2013.


  • One of the fun teams to watch this week has been Monmouth and their amusing end-of-bench antics. On the floor, the Hawks knocked off Notre Dame and gave Dayton a scare and they’ll face USC for the second time this season to close out the AdvoCare Invitational. The Trojans won the first one 101-90, but this is a 12:30 p.m. EST tip, so that could benefit Monmouth the second time around.
  • Wisconsin visiting No. 7 Oklahoma is an intriguing Sunday matchup. The Badgers could certainly use a true road win here as they’re off to a 4-2 start. The Sooners get more of a real test after only playing Memphis as a notable opponent their first three games.
  • Also going on in the AdvoCare Invitational is No. 20 Wichita State facing Iowa and No. 17 Notre Dame battling Alabama. The Shockers are going without senior starters Fred Van Vleet and Anton Grady as they try to escape Orlando with a win. Notre Dame is hoping to close out the event strong after its surprising upset to Monmouth.
  • Action also continues in Anaheim at the Wooden Legacy as No. 11 Arizona will take on Boise State, while Boston College plays Santa Clara and UC Irvine faces Evansville. Arizona will look to get back on the right track after the close loss to Providence in the semifinals.
  • No. 6 Duke gets an afternoon tilt with Utah State at home before they face Indiana during the week. It’ll be interesting to see if Blue Devil freshman wing Brandon Ingram keeps his strong play going from earlier in the week.
  • UCLA returns home and could badly use a win against Cal State Northridge. The Bruins went a disappointing 1-2 in the Maui Invitational and need to get back on the right track before the face No. 1 Kentucky next week.


  • Brown vs. No. 25 SMU, 2:00 p.m. (ESPN3)


  • Jackson State at Marquette, 12:30 p.m.
  • Rider at Rhode Island, 1:00 p.m.
  • Savannah State at South Florida, 1:00 p.m. (ESPN3)
  • South Carolina State at Kansas State, 2:00 p.m. (ESPN3)
  • Northern Colorado at Colorado, 2:00 p.m. (PAC12)
  • UC Santa Barbara at Arizona State, 4:00 p.m. (PAC12)