Coach Wressel Case Study

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Coach Wressel’s strongest arguments will be against SUM, while any arguments against the NCAA will likely fail. The most persuasive claim Wressel could make is a wrongful termination claim against SUM, assuming he is an employee. This claim will assert that SUM breached its contract of employment by firing the coach without cause and without following SUM’s disciplinary proceedings. This claim will entail a detailed, fact specific analysis of the Wressel’s agreement with the SUM. It is possible that the contract of employment includes a provision that allows SUM to terminate Wressel for NCAA rules violations. If so, this claim will fail. If not, Wressel may be able to recoup damages based on his wrongful termination. Wressel’s next claim against SUM will be a 42 U.S.C. § 1983 action claiming that SUM violated Wressel’s …show more content…

Generally, court will not review that actions of private associations, like the NCAA, unless the associations actions failed to follow its own rules and regulations or failed to follow the basic rudiments of due process. In this case, Wressel will have to prove that the NCAA did not follow its investigation procedures in making its determination of violations by SUM and Wressel. This claim could be based on the fact that Wressel was not allowed to attend the Committee on Infractions hearing if under the NCAA bylaws he was permitted to do so. However, it appears SUM did not allow Wressel to attend the hearing and thus this claim against the NCAA may fail. Alternatively, Wressel can argue that his inability to confront the accusations against him or give his side of the story was a violation of rudimentary due process. However, again it appears as though SUM prevented Wressel from being involved in the process and not the NCAA. Accordingly, any claims against the NCAA for arbitrary and capacious actions will

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