Friday, November 8, 2013

Colorado Seminary (Univ. of Denver) v. NCAA case brief

Colorado Seminary (Univ. of Denver) v. NCAA case brief summary
417 F.Supp 885 (1976)

Defendants, athletic association (association) and representative, filed a motion to dismiss the action brought by plaintiffs, university and student athletes, who claimed that defendants' actions in sanctioning the university and forcing it to declare several of its hockey players ineligible violated plaintiffs' procedural and substantive due process and equal protection rights. Plaintiffs sought summary judgment and a preliminary injunction.

Defendants imposed sanctions upon plaintiffs because the student athletes had received some sort of compensation for playing hockey in violation of the association's constitution. After following the association's procedural steps, including appeals of the association's actions, plaintiffs filed their lawsuit. A temporary restraining order was granted.

  • The court, treating defendants' motion to dismiss as one for summary judgment, considered evidence presented on the parties' summary judgment motions and plaintiffs' motion for preliminary injunction. 
  • The court held that plaintiffs asserted no interests within the protection of procedural due process and, therefore, the court did not consider the merits of the claimed violation of substantive due process rights.
  • The court further held that the association's regulations did not unconstitutionally discriminate against those in any of the classes suggested by plaintiffs, particularly not against the student athletes receiving compensation for room and board while not in school. 
  • The court also held that the defendants did not violate the university's equal protection rights by the manner in which it sanctioned the university.


The court denied plaintiffs' motions for summary judgment and a preliminary injunction, except that the defendants was directed not to take action against the university based on its refusal to forfeit the trophy and receipts from the 1973 National Collegiate Hockey Championship until the defendants considered the court's opinion with regard to its regulations and provided the university with a hearing in accordance with the opinion.

Suggested Study Aid For Sports Law

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