Dec 4, 2009, 1:20 PM EDT
James Paxton is a left-handed pitcher for the University of Kentucky. He was taken with the 37th overall pick by the Blue Jays in the draft last summer. He decided that he’d rather return for his senior year, however, and did so.
Beginning in October, the NCAA started contacting UK about Paxton. It’s still unclear what about, but they wanted to talk with him, and right now most signs point to something to do with the draft. Maybe he talked to an agent. Who knows? UK wouldn’t tell Paxton what it was about. All they’d do was to hint that (a) it was something involving Paxton’s eligibility; (b) that he couldn’t tell his parents or his lawyer about the interview, nor could they participate; and (c) if he didn’t participate, he was going to be suspended. Heck, maybe he’d be suspended even if he did participate.
Yeah, that’s a lawsuit. Right now it just involves UK, but it will likely involve the NCAA itself eventually, because it appears as though that august institution is once again acting as a law unto itself.
How so: Paxton’s lawyer — the one he was consulting with back in October, not the one who filed the lawsuit — says in an affidavit that the UK athletic director told him that “the NCAA made its own rules and could do whatever it wanted,” and that the NCAA investigator “had [Paxton's] life in his hands.” The picture that is painted by the suit (which you can view here) is that the NCAA was putting the screws to UK, who in turn put the screws to Paxton. In a lot of ways UK was probably caught in the middle, being threatened by the NCAA with forfeited games and sanctions and stuff if they didn’t treat a student athlete like he was a character in a Kafka novel.
Looming over all of this is the now-settled Andrew Oliver lawsuit from earlier this year. You’ll recall that case as the one in which the Oklahoma State pitcher sued the
NCAA — and got a lot of favorable rulings before the NCAA paid him off — claiming that its rules against players consulting with agents and lawyers were, you know, super illegal.
But the most notable thing about that case was not the rule itself — which is technically back on the books, just waiting to be shot down again — but the NCAA’s utter arrogance throughout the case. They had contempt motions filed against them and, even when the rule was enjoined by the trial judge, they kept sending out letters to students threatening them with that very rule. You know, acting like it made its own rules and could do whatever it wanted.
Know this much: for this lawsuit, Paxton has the same lawyer that Andy Oliver had. His email address has the word “Piranha” in it. In other words: get ready to get creamed again, NCAA.
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