Section B·Page 6
The University Daily Kansan
Thursday, April 9, 1998
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NCAA facing antitrust lawsuit
Coach Williams called to testify
The Associated Press
OVERLAND PARK, Kan. — One of the most significant legal battles in NCAA history begins in federal court this week, with the NCAA facing possible monetary damages that could reverberate throughout college sports.
"A judgment in the neighborhood of $100 million, which some people are speculating upon, would affect everybody," Big 12 commissioner Steve Hatchell said. "The NCAA's contingency funds would not come close to covering such an amount. The implications are serious and severe."
At issue is the amount of damages sustained by about 2,000 restricted-earnings coaches in various sports at Division I schools who were limited by the NCAA to five years employment and $16,000 in annual salary.
Instituted as a cost-cutting measure, the rule was challenged by
three groups of as s istant coaches whose antitrust lawsuits were certified as class actions representing coaches
from the roughly 300 Division I NCAA schools.
The lawsuits were combined for trial, and U.S. District Judge Kathryn H. Vratil struck down the rule in May 1995 as a violation of federal antitrust laws.
Lawyers began arguing in Vratlil's court this week about whether the amount due the plaintiffs was nearly $30 million as they claim or less than $900,000 as claimed by the NCAA.
Yesterday, Kansas basketball coach Roy Williams became the first celebrity witness in what is expected to be a five-week hearing.
to a certain amount of money."
"What I tried to say was I didn't think (the rule) was fair, and that some people did suffer financially," Williams said. "As far as I know, there are not many places in America where you're limited
Williams also told the court he thought the NCAA was taking a narrow view of the financial damages.
"There are 300 or so Division I schools, and the majority of them had somebody in that role, and their income was restricted," Williams said. "I have my own personal opinion of the damages, but they didn't ask me."
The NCAA also is liable for the plaintiffs' legal fees if the jury of six women and four men decides against the organization.
The NCAA is appealing Vratil's original ruling to the U.S. Supreme Court. But adding to the worry for many schools is the anger the judge has shown toward NCAA executive director Cedric Dempsey.
She issued an order in 1996 instructing Division I schools to provide plaintiffs' attorneys with information about expenses.
But after a letter with Dempsey's signature went out suggesting the schools did not need to comply with the order, none did. Then Vratil, citing what she called the
NCAA's arrogance, ordered Dempsey to show up in person in her courtroom. Dempsey did not have to testify but was embarrassed and inconvenienced.
"We really made a mistake with this one," Frederick said. "The thing was fraught from the very beginning because of the nature of it. We should have realized we were inviting a restraint of trade suit with a title like 'restricted earnings.'"
The case is dominating conversation at college meetings.
"We've all been concerned about this for a long time," Hatchell said. "It's something people are talking about at commissioners meetings, at conference meetings, everywhere. We're hearing all kinds of speculation as to what might happen, and not much of the speculation is what you want to hear."
"The talk on the street is that the NCAA really upset the judge," said Bob Frederick, Kansas athletic director.
There also is concern that the NCAA's ability to enforce other rules adversely could be affected by an antitrust ruling in the case.
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When: Bachelor and master candidates purchase your regalia in the store anytime until commencement. Doctoral and law candidates, and faculty members rent your regalia by April 20. Late fees apply on orders placed after this date.
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When to pick up regalia: Rentals will be available to pick up May 14, 15,16 and 17 until commencement.
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