Lawsuit dismissed; Arkansas Tech lacked evidence against NCAA, district court rules

Arkansas Tech University's lawsuit against the NCAA was dismissed Wednesday by a district court, which stated the university lacked evidence that the NCAA had wrongfully forced the school to forfeit victories from its basketball programs.

Arkansas Tech first filed a complaint on July 7 with the U.S. District Court for the Eastern District of Arkansas, which claimed the NCAA had acted unfairly.

In January 2017, NCAA Division II unanimously approved a proposal that allowed an institution to waive or pay for pre-enrollment fees for athletes.

It was the same rule that had forced Arkansas Tech to forfeit 205 victories by its men's and women's basketball teams from 2009 to 2013, and Athletic Director Steve Mullins and other university officials believed the NCAA's Infraction Appeals Committee was aware of the rule change when it denied the school's appeal in March 2016.

The NCAA proposed the rule change on Sept. 25, 2015, nearly six months after Arkansas Tech appealed the NCAA's sanctions against its athletic programs.

Arkansas Tech also drew comparisons to other institutions -- including Henderson State University, the University of San Francisco, and Penn State -- which were penalized but not revoked of victories.

It was not sufficient evidence for the U.S. District Court to rule in Arkansas Tech's favor.

"A complaint must allege sufficient facts to entitle the plaintiff to the relief sought," the court's ruling read. "Although detailed factual allegations are not required, threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, are insufficient."

Arkansas Tech has 30 days to respond to the ruling, and Mullins said the university will consider pursuing further litigation.

"Obviously, I'm disappointed," Mullins said. "From a common sense standpoint, I still think we've got something to go with."

He deferred further comment to Arkansas Tech legal counsel Thomas Pennington, who did not respond to phone calls for comment by the Arkansas Democrat-Gazette.

Judy Simmons Henry, the attorney for the NCAA in this case, also did not respond to phone calls for comment.

The issue began in August 2013, when Arkansas Tech self-reported that it had been illegally waiving room deposits for its men's and women's basketball players.

An NCAA investigation later found a total of 57 athletes had their $250 on-campus apartment housing security deposit waived or paid by Arkansas Tech from 2009 to 2013.

The school submitted self-imposed penalties and official visit reductions. The NCAA's Committee on Infractions decided to propose further penalties that included two years' probation, a $5,000 fine and vacating the 205 victories in which the 57 players competed.

Arkansas Tech amended its initial complaint by filing a revised lawsuit on Aug. 18.

The second complaint flipped its pursuit of judgment, jurisdiction and venue through U.S. constitutional law instead of Arkansas constitutional law, and it added more than a dozen more paragraphs that further detailed its allegations against the NCAA.

Arkansas Tech also alleged that "the NCAA is performing a traditional government function" by overseeing "intercollegiate athletics at Arkansas public four year institutions of higher education," and that the "NCAA directly controls the employment of Arkansas public employees" because coaches are subject to disciplinary action by the NCAA if they violate NCAA regulations.

The district court ruled that even the added details did not meet the legal standard that "must allege sufficient facts," and it granted the NCAA's motion to dismiss, which was filed on Sept. 13.

Sports on 05/24/2018