Footblaw: NCAA violations and autograph brokers

by Travis Normand

In light of the accusations against Johnny Manziel of getting paid for autographs, the following concerns a cause of action that would apparently be available to Texas A&M if Manziel and/or Texas A&M is found to have violated a NCAA rule.  The cause of action is not necessarily available to the Manziels despite the NCAA ruling earlier this year that they (or their corporation) can profit from a trademark lawsuit.

However, none of this addresses the jurisdiction question of whether or not any of the autograph brokers who could be potentially liable under this statute, are subject to the jurisdiction of the State of Texas.  The brokers who orchestrated the reported signings with Manziel that allegedly happened in Connecticut and/or Florida might be out of reach for Texas law.  However, there was one signing that was reported to have happened in Houston, which would probably make the broker involved subject to Texas jurisdiction.

The State of Texas passed legislation in 1987 that could hold the autograph hounds liable for their actions if they paid Manziel for his autograph in violation of NCAA legislation. Section 131.004 of the Texas Civil Practice and Remedies Code states “a person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by an institution if (1) the person knew or reasonably should have know that a rule was violated; and (2) the violation of the rule is a contributing factor to disciplinary action taken by the national collegiate athletic association against the institution or a student at the institution.” This would give Texas A&M University the authority to file suit against the autograph hounds if it or Manziel receives punishment from the NCAA. Accordingly, pursuant to Sections 131.006 and 131.007 of the Texas Civil Practice and Remedies Code, Texas A&M University’s damages may include “lost television revenues and lost ticket sales of regular season and post-season athletic events” and “reasonable attorney’s fees and costs.” Certainly, if Manziel is not on the field for the Aggies, there could be substantial losses in revenue.

In short, autograph hounds might want to consider how loudly they express their purported shortcomings and alleged payments to Manziel. There is a Texas statute that can provide a hammer for their alleged actions.

The above block quote was taken from an article that can be found HERE.

[Press Release] First Annual Earl Campbell Tyler Rose Award Watch List Announced

For release:
Wednesday, August 21, 2013

First Annual Earl Campbell Tyler Rose Award Watch List Announced

TYLER, TEXAS – The first annual Earl Campbell Tyler Rose Award Watch List was announced today at the Tyler Area Chamber of Commerce East Texas Kickoff Luncheon.

The Earl Campbell Tyler Rose Award, announced in 2012 by the Tyler Chamber and SPORTyler, recognizes the top offensive player in Division 1 football who also exhibits the enduring characteristics that define Earl Campbell: integrity, performance, teamwork, sportsmanship, drive, community and tenacity; specifically tenacity to persist and determination to overcome adversity and injury in pursuit of reaching goals. In addition, the nominee must meet one or more of the following criteria: born in Texas and/or graduated from a Texas High School and/or played at a Texas-based junior college or four year college.  The Watch List announced today will be narrowed to up to 16 semi finalists in November and then up to 4 finalists in December. They will be selected by broadcasters, commentators, journalists, fans and (in the future) former winners. The finalists will be brought to Tyler for The Earl Campbell Tyler Rose Awards Banquet scheduled for January 10, 2014.

“We are fortunate to have a celebrity who exhibits the impeccable virtues that define this award. In addition to being a well known sports figure, Earl also earned a college degree, married his high school sweetheart, raised two successful sons and still supports the community where he grew up,” said Cindy Smoak, Vice President, SPORTyler.

Earl Campbell graduated from John Tyler High School in Tyler before joining the Texas Longhorns under legendary Coach Darrell K. Royal. In his senior year, he led the nation with 1744 yards rushing and 19 touchdowns, going on to win the Longhorns’ first Heisman Trophy. He was subsequently drafted by the Houston Oilers where he won Rookie of the Year honors in 1978 and went on to lead the NFL in rushing 3 times. Campbell earned NFL MVP in 1979 and was elected to the Pro Football Hall of Fame in 1991. He now resides in Austin.

“All my life, all I wanted to do was be an athlete. I kept God in my life and surrounded myself with good people. I am humbled by this award named in my honor,” said Campbell.

For more information about The Earl Campbell Tyler Rose Award go to http://www.earlcampbellaward.com/

Click HERE to see the Award’s watch list.

Why would you play this game in Houston?

by Travis Normand

Why would you tease your fans and alumni by scheduling a great non-conference game, only to then punish them by sending them to Houston, Texas (to play in Reliant Stadium)?

The upcoming Wisconsin vs. LSU match-up promises to be a good one.  However, if I were a Badger fan, I would much rather travel to Baton Rouge and see the game played on LSU’s campus.

The same goes if I were a LSU fan.  While I am sure Lambeau Field is great, I am not going to a Green Bay Packers’ game.  If I wanted to see Lambeau Field, I would go to a Packers’ game.  How disappointing it would be to travel all the way to Wisconsin (from Louisiana) and NOT see a game played at Camp Randall Stadium.

College football was meant to be played in college football stadiums.  If you have been to a college game that was played in an NFL stadium, you know exactly what I mean.

LSU will play the Badgers in Reliant Stadium in Houston to open the 2014 season and the Tigers will venture to the Packers historic home in Green Bay to play the Badgers in a return game in the 2016 opener.

See original article HERE.

Here is what one Wisconsin fan had to say about playing in NFL stadiums:

It’s an outright travesty this game isn’t a home-and-home

Here’s where the dream ends. Somehow the series was brokered to be played at Reliant Stadium in Houston and at Lambeau Field in Green Bay. On paper, playing college football in pro stadiums seems like a novel idea. In practice, it forces fans to travel farther and pay more money to see their teams play, while athletic departments make less or lose money on the deal.

Perhaps the idea is to give players a chance to bask in Reliant’s brilliant decade-long history. Or maybe both schools just wanted to help two clearly starving NFL franchises. Whatever the case, it sort of stinks for fans.

Read the entire article HERE.

 

 

College and SEC Bucket List (per ESPN)

by Travis Normand

If I have said it once, I have said it 100 times.

It is the culture, history, and environment surrounding the sport of college football that makes it so fantastic.  This is what distinguishes college football, more than anything else, from other sports (most especially the NFL / professional football).

From the ESPN.com SEC bucket list:

The pageantry that comes with college sports makes it that much more enduring to fans. The sports are great, but it’s the environment around them that add a little more flavor and excitement.

 

History of the Game: 1942 Rose Bowl

by Travis Normand

This week’s issue of Sports Illustrated apparently contains an article on the 1942 Rose Bowl.  The article is titled War and Roses — How the 1942 Rose Bowl Rallied a Rattled Country.”

Here is one of my favorite excerpts from the article:

Curtis takes readers through the mud-soaked game in which the Beavers upset Duke. Many of the players and coach Wade would later fight together in World War II, and some lost their lives. “I go into the Air Service January 24th, and if I get killed, I can take it now and die happy—that’s how you feel when you win a Rose Bowl football game,” said Martin Chaves, the winning captain. . . . (PAGE 122)

You can read more excerpts from the article by clicking HERE.

Akron considering Jim Tressel for President…?

Jim Tressel

Jim Tressel (Photo credit: WDPG share)

by Travis Normand

I found this piece of news today and thought it was interesting.

Jim Tressel is apparently being considered for the job of president at the University of Akron according to the Columbus Dispatch.

Many rumors suggest that Tressel, a University of Akron vice president for strategic engagement since February 2012, will be named interim president or president when Proenza departs.

“He’s probably going to be a candidate, but that’s about all we can say at this point,” university trustee chairman Richard Pogue said in an interview with the Beacon Journal on Monday. “ We’re not in any rush.”

If Tressel gets the job of president, it would be safe to say that he landed on his feet.

Tressel resigned as head coach at OSU in May 2011 over NCAA violations. That resulted in OSU wiping its stellar 2010 season from the record books, a post-season bowl ban for the 2012 season, the loss of scholarships and 3 years of probation for the football team. The NCAA handed Tressel a five-year “show-cause” penalty for unethical conduct for failing to report team members who improperly sold memorabilia and allowing ineligible players to compete.

Read more at Dispatch.com – both of the above block quotes came from this article at the Columbus Dispatch. 

Oregon Wins

by Travis Normand

When it comes to facilities, Oregon wins.  The competition is over and everyone else should pack their bags and go home.  If a school is planning on upgrading their football facilities, they need to take a long hard look at what Oregon has done.

Simply put, Oregon’s most recent renovation is amazing.  For more on the $68 million, 130,000-square foot facility, see the pictures and links below.

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8 Need-to-Know Rules Changes for 2013 Season [Press Release]

To see the original press release from the NFF, click HERE

NFF and CFO team up to highlight the changes designed to protect players and increase safety.

IRVING, Texas (August 7, 2013) – Since 2011, The National Football Foundation (NFF) has partnered with Rogers Redding, the national coordinator of College Football Officiating (CFO), to help generate awareness for the rule changes in college football through a series of regular columns distributed by the NFF. With training camps in full swing, the month of August provides the perfect time for the NFF to highlight the key changes featured in Redding’s columns during the past several months that will be in effect during the 2013 season. “We want to protect the game and to help reduce critical injuries with this message: play the game hard but stay away from serious fouls,” said Redding, who claimed the NFF Outstanding Football Official Award in 2010 after a three decade career in the Southwest Conference and the Southeastern Conference. “By making changes, we are signaling that the safety of the student-athlete stands at the very top of our list of priorities. The clear intent is to change player behavior.” The CFO functions as the national professional organization for all football officials who work games at the collegiate level, and the organization held its annual winter meeting of conference coordinators for football officials in late January at the NFF headquarters in Las Colinas, Texas. The NCAA Football Rules Committee subsequently adopted the CFO’s recommendations to create a safer environment for football student-athletes.

The 8 Major Rule Changes for the 2013 Season
(click on each headline for further details)

(1) Targeting Fouls: Automatic Ejection, Part I:

Players will automatically be disqualified from the game for targeting fouls, including (Rule 9-1-3) targeting and initiating contact with the crown of the helmet, and (Rule 9-1-4) targeting and initiating contact to the head or neck area of a defenseless opponent with the helmet, forearm, elbow or shoulder.  The foul itself has not changed.  These plays have been illegal for a number of years, but the penalty has been stiffened to include automatic ejection plus the 15-yard penalty.

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