OK, so now we appeal

[Stallion]

but the denial of due process does not rise to the level of a federal constitutional cause of action for a violation of federal constitutional due process. The NCAA isn't a state actor or agency of the government. If the NCAA were analogous to say the State of Texas then maybe. But the NCAA is a private association of thousands of universities who agree to follow and abide by the NCAA rules and regulations- part of which are the provide a contractual agreed due process and procedures. The NCAA report clearly shows there was procedural due process ie charges/allegations,right to contest the allegations, evidence introduced, right to examine witnesses, hearings and rights to appeal. That's what we bargained for in our agreement with a private entity. In fact, there is little question that violations of NCAA was established by the evidence. I'd love to hear from some one that has more experience on contesting violations of due process by private associations. My understanding is that about the best you can do is to file suit to restrain a private association from failing to follow its rules. But once they have the Court is almost likely to defer to administrative due process of the private association.

[Stallion]

oh and SMU alumni sued the NCAA after the Death Penalty and as I remember they found that alumni have no standing to challenge the NCAA in federal court. Decided on a preliminary motion to dismiss

a Class Action is not a cause of action that can stand on its own. Kind of like a Conspiracy. It needs to be a Class Action + Cause of action.

[SMUstangs22]

So what? We cant do anything end of story?

[Stallion]

our remedy is to exhaust our appellate due process remedies before the NCAA.

What school has even attempted to sue the NCAA on grounds that might be available to a private school like SMU. Business disparagement is about all I can think of

[SMUstangs22]

our remedy is to exhaust our appellate due process remedies before the NCAA.

Do we have any ground to stand on?

[mrydel]

You appeal for the excessive penalty. The NCAA should be happy to give us some relief or they will have problems when they have to sanction UNC. If they lighten us they will have reason to lighten theirs.

[SMUstangs22]

You appeal for the excessive penalty. The NCAA should be happy to give us some relief or they will have problems when they have to sanction UNC. If they lighten us they will have reason to lighten theirs.

I agree. However part of me thinks I am being stupid because to do so the NCAA would need LOGIC. Apparently something they are incapable of

[couch 'em]

If the "NCAA" is a private organization was always a valid argument then NCAA would still control all TV rights. "If you want to control your own TV join NAIA or start your own league!"