OSUFan
09-21-2008, 09:22 PM
Sides battling over sealed information in case between OSU's Oliver, NCAA
By Andrea Cohen
Staff Writer
Oklahoma State pitcher Andy Oliver and the NCAA have a court date scheduled for December 8. In the mean time, the NCAA and Oliver's attorney continue to battle over what documents and information will be disclosed when the case goes to trial.
The NCAA has proposed a protective order that would make all of its investigation files confidential. Protective orders are often granted to protect things like medical records and trade secrets.
Oliver's attorney, Rick Johnson, argues that a protective order would "presumptively seal the whole discovery process" and prevent Oliver from facing those who accused him of breaking NCAA rules.
"You don't get a protective order because you've investigated someone illegally," Johnson said. "This isn't Russia. They're trying to blanket this whole process with a cloak of secrecy so no one will know what they did. They browbeat this kid. They apparently relied on anonymous sources to suspend him, according to the NCAA's affidavit."
The association's vice president of enforcement, David Price, said in an affidavit that because the NCAA doesn't have the power of a regular court it can't subpoena people or compel them to testify it must be able to promise anonymity to people who come forward to report infractions.
Johnson called this argument "dysfunctional."
"To read this affidavit, you'd think the NCAA was part of homeland security rather than the keeper of the amateurism flame," Johnson said.
In the supporting the protective order, the NCAA contends that Johnson's objection "raises the suspicion that the real motive in this case is not to win the litigation but to stifle the NCAA's investigation by intimidating potential cooperative witnesses in this matter."
The NCAA also accuses Johnson of trying the case in the media.
Oliver, an OSU junior, was ruled ineligible last spring just hours before he was scheduled to pitch for the Cowboys in postseason play. Oliver was disqualified after a joint investigation by the NCAA and OSU regarding his relationship with an advisor/agent while he was in high school.
Oliver, who is attending classes at OSU, is suing the NCAA for reinstatement and for damages. Johnson said it is not yet possible to get specific about the amount of money he will seek in damages, but he referenced Rick Neuheisel's case against the NCAA, where the former Washington coach sued for wrongful termination. The case settled with Neuheisel receiving $4.5 million total, $2.5 million from the NCAA alone.
"I don't see this case a whole lot differently than I see that," Johnson said. "But at the end of the day the jury decides what it's worth."
The weeklong case is scheduled to begin December 8 in Erie County, Ohio. The federal case, where Oliver's former advisors are defendants, is on hold pending the outcome of the NCAA case.
By Andrea Cohen
Staff Writer
Oklahoma State pitcher Andy Oliver and the NCAA have a court date scheduled for December 8. In the mean time, the NCAA and Oliver's attorney continue to battle over what documents and information will be disclosed when the case goes to trial.
The NCAA has proposed a protective order that would make all of its investigation files confidential. Protective orders are often granted to protect things like medical records and trade secrets.
Oliver's attorney, Rick Johnson, argues that a protective order would "presumptively seal the whole discovery process" and prevent Oliver from facing those who accused him of breaking NCAA rules.
"You don't get a protective order because you've investigated someone illegally," Johnson said. "This isn't Russia. They're trying to blanket this whole process with a cloak of secrecy so no one will know what they did. They browbeat this kid. They apparently relied on anonymous sources to suspend him, according to the NCAA's affidavit."
The association's vice president of enforcement, David Price, said in an affidavit that because the NCAA doesn't have the power of a regular court it can't subpoena people or compel them to testify it must be able to promise anonymity to people who come forward to report infractions.
Johnson called this argument "dysfunctional."
"To read this affidavit, you'd think the NCAA was part of homeland security rather than the keeper of the amateurism flame," Johnson said.
In the supporting the protective order, the NCAA contends that Johnson's objection "raises the suspicion that the real motive in this case is not to win the litigation but to stifle the NCAA's investigation by intimidating potential cooperative witnesses in this matter."
The NCAA also accuses Johnson of trying the case in the media.
Oliver, an OSU junior, was ruled ineligible last spring just hours before he was scheduled to pitch for the Cowboys in postseason play. Oliver was disqualified after a joint investigation by the NCAA and OSU regarding his relationship with an advisor/agent while he was in high school.
Oliver, who is attending classes at OSU, is suing the NCAA for reinstatement and for damages. Johnson said it is not yet possible to get specific about the amount of money he will seek in damages, but he referenced Rick Neuheisel's case against the NCAA, where the former Washington coach sued for wrongful termination. The case settled with Neuheisel receiving $4.5 million total, $2.5 million from the NCAA alone.
"I don't see this case a whole lot differently than I see that," Johnson said. "But at the end of the day the jury decides what it's worth."
The weeklong case is scheduled to begin December 8 in Erie County, Ohio. The federal case, where Oliver's former advisors are defendants, is on hold pending the outcome of the NCAA case.