Buckton v. National Collegiate Athletic Association

• Decision Date: 27 November 1973
• Docket Number: Civ. A. No. 73-3475-T.
• Citation: 366 F. Supp. 1152
• Parties: William BUCKTON et al. v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al.
• Court: U.S. District Court — District of Massachusetts

366 F. Supp. 1152

William BUCKTON et al. v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION et al.

Civ. A. No. 73-3475-T.

United States District Court, D. Massachusetts.

November 27, 1973.

Gordon A. Martin, Jr., Martin, Morse & Wylie, Boston, Mass., for plaintiffs.

John G. Fabiano, Harold Hestnes, Hale & Dorr, Boston, Mass., for Trustees of Boston University.

George R. Bisacca, Fairfield, Conn., John C. Wyman, Herrick, Smith, Donald, Farley & Ketchum, Boston, Mass., for other defendants.

OPINION

TAURO, District Judge.

This action was originally brought by two Boston University (B.U.) ice hockey players, both Canadian nationals residing in Boston, against the Eastern College Athletic Conference (E.C.A.C.) and the National Collegiate Athletic Association (N.C.A.A.) seeking to enjoin them from declaring the plaintiffs ineligible for intercollegiate sports or imposing any sanctions against B.U. for allowing the plaintiffs to play ice hockey.

In response to its requests to the E.C. A.C. and N.C.A.A. for advisory opinions as to plaintiffs' athletic eligibility, B.U. was advised that plaintiffs had been determined to be ineligible by said Associations because certain circumstances under which they played Canadian Junior hockey prior to matriculation at B.U. were allegedly in violation of their amateur standards. B.U. subsequently advised plaintiffs that they had been declared ineligible and would not be permitted to play for the University hockey team.

The Complaint sets forth three causes of action with respect to the defendant Associations. Count I states a diversity claim alleging tortious interference with contractual relations. Count II is a civil rights claim alleging a denial of equal protection pursuant to 42 U.S.C. ?? 1981, 1983 and 28 U.S.C. ? 1343(3), (4). Count III is an antitrust claim under Section 4 of the Clayton Act, 15 U.S.C. ? 15, and Sections 1 and 2 of the Sherman Act, 15 U.S.C. ?? 1, 2.

Plaintiffs' request for a temporary restraining order was denied on October 17, 1973 by Judge Garrity sitting as emergency judge. In accordance with his procedural order, the parties filed affidavits and offered testimony with respect to issuance of a preliminary injunction.

Prior to the hearing on the proposed preliminary injunction, the Trustees of Boston University (B.U.) moved to intervene. The court allowed the motion and designated B.U. as a defendant. The plaintiffs and B.U. were granted leave to file pleadings, including cross-claims, by December 7, 1973. Thereafter, the plaintiffs moved to enjoin B.U. from prohibiting them to participate as members of the University hockey team on the basis of the aforementioned determination of ineligibility by the defendant Associations.

During the hearing on issuance of a preliminary injunction, plaintiffs moved to add as parties certain officers of the defendant Associations as well as B.U.'s Athletic Director, which motions were allowed. Counsel for B.U. stipulated that he had accepted service on behalf of the Athletic Director and that he would rest on the existing record with respect to issuance of a preliminary injunction. The defendant N.C.A.A. did not so stipulate with respect to its officers named in the amended complaint.

For purposes of convenience and clarity, we shall refer during the course of the opinion to the defendants by their institutional designation, i. e., N.C.A.A., E.C.A.C., B.U.

Motions to dismiss made by N.C.A.A. and E.C.A.C. under Fed.R.Civ.P. 12 were denied.

Presently before the court is the issue as to whether the existing record supports plaintiffs' request for preliminary relief. On the basis of the following findings of fact and conclusions of law, we determine that preliminary relief should be granted.

Plaintiffs, Canadian nationals residing in Boston, are members of the Class of 1976 at B.U. and are students in good standing. They are skilled hockey players with sufficient athletic and academic potential for careers in teaching, coaching and professional hockey. A college hockey career would be of valuable assistance to them in achieving any of these goals. Plaintiffs receive financial aid from B.U. which is based solely upon need and which meets standards of the College Scholarship Service, a branch of the College Entrance Examination Board, Princeton, New Jersey.

On November 19, 1973 plaintiffs were advised by B.U. that they would not be permitted to participate as members of the University's hockey team because they were ineligible under the rules and regulations of the N.C.A.A. and E.C.A. C. The ruling of ineligibility was based upon the following circumstances involved with respect to plaintiffs' participation in Canadian Junior amateur hockey leagues prior to attending B.U.

In the Fall of 1970, plaintiff Buckton left his home, transferred to a new school and played for the Oshawa Generals Major Junior A team. During the 1970 season, the rooming house at which he stayed during the school year received $24.00 a week directly from the Generals for his room and board. Buckton also received from the team an additional $10.00 per week for expenses and a total of $4.82 for school books. He received comparable aid during September and October of the 1971 season.

Plaintiff Marzo played for the Kitchener Rangers Major Junior A team for the 1970-71 season. He, too, lived away from home and changed schools during the hockey season. The Rangers paid $24.00 a week directly to his landlord for his room and board, as well as $10.00 a week for expenses and a total of $51.47 for school books. In contrast to Buckton, Marzo returned home after the hockey season ended in mid-March. He received a lump sum of $300.00 to cover commuting expenses so that he could continue to attend the same school for the remainder of the academic year. Room, board and expense payments ceased, however, when he moved home.

The position of the defendant Associations is that the above described aid received by plaintiffs violates their rules with respect to amateur standing.

It is to be noted that prior to 1971 neither defendant Association specified that playing for a Major Junior A hockey team would be grounds for ineligibility. As of the 1971-72 season, however, such play was covered by the following regulation:

Any student-athlete who has participated as a member of the Canadian Amateur Hockey Association's major junior A hockey classification shall not be eligible for intercollegiate athletics.

N.C.A.A. Const., Art. 3, ? 1, O.I.5. (1973-74); E.C.A.C. Bylaws, Art. 3, ? 1, O.I.5. (1972).

Prior to the 1971-72 hockey season both plaintiffs withdrew from Major Junior A teams and accepted classification at levels of competition lower than Major Junior A, thereby meeting the terms of the aforementioned regulation.

During the 1971-72 hockey season Buckton played one exhibition game and two early season contests for the Oshawa Generals Major Junior A team, but he maintained his classification as a Junior B player. Ontario Hockey Association regulations permit a limited amount of interclassification play. Buckton's play was within these limits. Nonetheless, defendant Associations cite such play as a factor in their determination of Buckton's ineligibility.

The court determines, however, that plaintiff has a substantial likelihood of establishing that such play did not violate defendants' rules since even his minimal participation was not "as a member of the Canadian Amateur Hockey Association's major junior A hockey classification." O.I.5.

Marzo played the entire 1971-72 season with a Junior A team, a lower classification than Major Junior A. This particular regulation, therefore, is not an issue with respect to his case.

The E.C.A.C. is an unincorporated association of approximately 212 four year colleges and universities. It conducts the annual E.C.A.C. Division I hockey tournament. The E.C.A.C. conducts its affairs in close cooperation with the N. C.A.A. Its regulations pertinent to the areas involved in this litigation are identical to those of the N.C.A.A.

The N.C.A.A. is an unincorporated association of approximately 664 colleges and universities, half of which are state institutions. It conducts the annual N. C.A.A. hockey tournament for the championship of college hockey in the United States. The two finalists of the E.C.A. C. tournament are eligible to compete in the N.C.A.A. tournament. The E.C.A.C. and N.C.A.A. tournaments are restricted to members of the respective Associations.

B.U. is a member of both the E.C.A.C. and the N.C.A.A. No comparable associations or conferences are available to B.U. Should B.U. permit plaintiffs to play hockey in the face of a determination of ineligibility by the defendant Associations, it would run the risk of a variety of sanctions, including forfeiture of those games in which plaintiffs participated.

Since commencement of this action, both defendant Associations have agreed to review their determinations with respect to plaintiffs' eligibility.

Assuming this Court preliminarily enjoins B.U. from prohibiting plaintiffs from participating with its hockey team because of the aforementioned alleged violations, the defendant E.C.A.C. has stipulated it will not impose any sanctions against B.U., should such order be subsequently vacated after a determination by this court of the merits. The N.C.A.A., however, reserves any rights it may have to sanction B.U. should such preliminary order be subsequently vacated.

To succeed on their ? 1983 claim (Count II), plaintiffs have the burden of establishing that the N.C.A.A., E.C. A.C. and B.U., acting under color of state law, deprived plaintiffs of federally protected rights. Beaumont v. Morgan, 427 F.2d 667, 670-671 (1st Cir. 1970), cert. den. 400 U.S. 882, 91 S.Ct. 120, 27 L. Ed.2d 121. The Court finds that there is a substantial probability that plaintiffs will succeed in meeting this burden. It is unnecessary, therefore, to deal with plaintiffs' theories under...