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12-23-2008, 08:32 AM
http://www.newsok.com/ncaa-osu-should-help-pay/article/3332242?custom_click=headlines_widget
NCAA: OSU should help pay
BY RYAN SHARP
Published: December 23, 2008
The legal battles between pitcher Andy Oliver, Oklahoma State University and the NCAA have added another couple of rounds.
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The NCAA now wants Oklahoma State to be partially responsible for any monetary damages Oliver could be awarded in a trail slated to begin next month. The NCAA argues that because Oliver was suspended by OSU and not the NCAA, the school is obligated to help pay damages.
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 adviser/agent while he was in high school.
Oliver, who is attending classes at OSU, is suing the NCAA for reinstatement and for damages. He is suing OSU for reinstatement.
With school out for winter break, Oliver has gone home to Ohio and is preparing for the Jan. 5 trial.
"From what I see, and I can’t speak for Andy, but this is really affecting him,” Andy’s father, Dave Oliver, told The Oklahoman on Monday. "He just wants to get it all over with and play ball.”
Oliver’s lawyer, Richard Johnson, told Baseball America that to his knowledge, this is the first time the NCAA has sued one of its member schools and that the NCAA was just trying to delay the trial.
"We’re starting trial Jan. 5, and the NCAA, instead of taking responsibility for its own actions, it is now trying to blame Oklahoma State for its own liability,” Johnson told Baseball America. "The fact of the matter is when Oklahoma State investigates and enforces the NCAA’s rules, it is acting as the NCAA’s agents. If these schools don’t investigate the kids, then the NCAA punishes them.”
Dave Oliver said the only reason the case had gotten this far was because they hired Johnson, a malpractice lawyer.
"This isn’t the first time this has happened,” Dave Oliver said. "Most people just haven’t had the right lawyer or the means to battle things like this.”
Other developments
→OSU filed an appeal with the NCAA last week to have Oliver reinstated. The NCAA restored Oliver’s eligibility and reduced his suspension to 70 percent of a season. The NCAA had originally suspended Oliver for a full season and forced him to forfeit another year of eligibility, which would have ended Oliver’s career at OSU.
If Oliver loses next month’s trial, the NCAA’s latest suspension will stand, and Oliver will have to sit out 40 games this season while being allowed to play in 16.
→The NCAA’s cross-claim became available after a protective order was dissolved and a gag order on the case was lifted.
NCAA: OSU should help pay
BY RYAN SHARP
Published: December 23, 2008
The legal battles between pitcher Andy Oliver, Oklahoma State University and the NCAA have added another couple of rounds.
Advertisement
The NCAA now wants Oklahoma State to be partially responsible for any monetary damages Oliver could be awarded in a trail slated to begin next month. The NCAA argues that because Oliver was suspended by OSU and not the NCAA, the school is obligated to help pay damages.
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 adviser/agent while he was in high school.
Oliver, who is attending classes at OSU, is suing the NCAA for reinstatement and for damages. He is suing OSU for reinstatement.
With school out for winter break, Oliver has gone home to Ohio and is preparing for the Jan. 5 trial.
"From what I see, and I can’t speak for Andy, but this is really affecting him,” Andy’s father, Dave Oliver, told The Oklahoman on Monday. "He just wants to get it all over with and play ball.”
Oliver’s lawyer, Richard Johnson, told Baseball America that to his knowledge, this is the first time the NCAA has sued one of its member schools and that the NCAA was just trying to delay the trial.
"We’re starting trial Jan. 5, and the NCAA, instead of taking responsibility for its own actions, it is now trying to blame Oklahoma State for its own liability,” Johnson told Baseball America. "The fact of the matter is when Oklahoma State investigates and enforces the NCAA’s rules, it is acting as the NCAA’s agents. If these schools don’t investigate the kids, then the NCAA punishes them.”
Dave Oliver said the only reason the case had gotten this far was because they hired Johnson, a malpractice lawyer.
"This isn’t the first time this has happened,” Dave Oliver said. "Most people just haven’t had the right lawyer or the means to battle things like this.”
Other developments
→OSU filed an appeal with the NCAA last week to have Oliver reinstated. The NCAA restored Oliver’s eligibility and reduced his suspension to 70 percent of a season. The NCAA had originally suspended Oliver for a full season and forced him to forfeit another year of eligibility, which would have ended Oliver’s career at OSU.
If Oliver loses next month’s trial, the NCAA’s latest suspension will stand, and Oliver will have to sit out 40 games this season while being allowed to play in 16.
→The NCAA’s cross-claim became available after a protective order was dissolved and a gag order on the case was lifted.