Goliath (NCAA) hits back at David (South Dakota)
The NCAA made a new House-related filing in federal court today - this time South Dakota's Jackrabbits and Coyotes are taking not-so-friendly fire from the bosses. UPDATE: 11/18/24 (See Below)
The South Dakota AG, on behalf of its FCS schools, sued the NCAA in State court on the financial impact of the backpay portion of the House Settlement. The NCAA filed a motion to move the case to the federal level (attached below). The SD AG’s response to that motion is also attached below.
Setting aside the legal arguments regarding jurisdiction (I’m not a lawyer), the filings by both parties make their case for and against the settlement. FCS schools are riled because they were not a party to the House lawsuit and were not consulted on the settlement. The Idaho State Athletic Director called it “taxation without representation” at a hearing last month before the Idaho State Board of Education. Here are a couple of excerpts from the South Dakota filing.
The filing today (November 5, 2024) comes from the NCAA and is a rebuttal to SD’s argument against removal to federal court. Here is a key excerpt from the NCAA’s filing regarding the financial impact of the ruling on FCS schools.
I’ll leave it to the lawyers to discuss the legal arguments on state versus federal jurisdiction, but I’ll continue to follow the case because of its potential financial impacts on FCS schools.
UPDATE 11/18/24: Title IX elements removed
On 11/15/24 the South Dakota AG submitted a revised complaint in federal court. The new complaint and attachments are listed below, plus the original complaint that was previously not included. The primary changes relate to removing most Title IX arguments. The attachments are correspondence between NCAA and non-P5 leaders.
October 9th Filing by NCAA (First in Federal Court)
October 15th Filing By South Dakota
November 5th Filing by NCAA
November 15th Filing by South Dakota AG
Grant House, when he was persuaded to represent this outrageous lawsuit, was completely unaware of the concept of unintended consequences. He was totally in the dark. Once a swimmer for ASU, House will now be remembered as the person who brought chaos to college Olympic sports. Just follow the money...