The NCAA is going back to court in Oakland, California – to clarify two points in U.S. District Judge Claudia Wilken’s ruling.
Attorneys for the governing body filed a three-page legal brief Monday in California, asking for clarification of which players will be eligible.
Wilken wrote Friday, in the landmark Ed O’Bannon case, that the decision would apply to athletes who enroll in school after July 1, 2016, or the next recruiting cycle.
The NCAA claims the term “next recruiting cycle” could be ambiguous and would like the court to establish a clearer date. NCAA attorneys also wrote that its member schools want clearer language about who the ruling actually applies to.
“Under existing NCAA rules, student-athletes in the next recruiting cycle (i.e., student-athletes who would first enroll in college in Fall 2016) may receive offer letters from colleges starting on August 1, 2015. Bylaw 18.104.22.168. NCAA seeks to confirm that the existing NCAA rules can remain in force until August 1, 2015, although we understand the injunction would not permit the NCAA to adopt or enforce rules inconsistent with the injunction on or after that date,” attorneys wrote in the filing, pointing out that is the first day schools can offer scholarships to players in the 2016-17 recruiting class.
On the second point, the NCAA contends, is Wilken’s language regarding the “licensing or use of prospective, current, or former student-athletes” could be interpreted to apply to current players.
“This has prompted concerns among colleges and universities that the injunction might, contrary to the Court’s opinion, apply immediately to current student-athletes,” the attorneys wrote.
NCAA president Mark Emmert said Sunday that the governing body would appeal “at least in part” the ruling.
“We look forward to presenting our arguments on appeal, and in the meantime we will continue to champion student-athlete success on the field and in the classroom,” NCAA chief legal officer Donald Remy said.