Manuel v. Oklahoma City University
| Decision Date | 16 June 1992 |
| Docket Number | No. 76668,No. 1,76668,1 |
| Parties | 1992 OK CIV APP 73, 76 Ed. Law Rep. 575 Eric MANUEL, Appellee, v. OKLAHOMA CITY UNIVERSITY, Appellee, National Association of Intercollegiate Athletics a/k/a NAIA, Appellant. Court of Appeals of Oklahoma, Division |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma |
Appeal from the District Court of Oklahoma County; William E. Henderson, Judge.
AFFIRMED.
Timothy E. McCormick, Tulsa, Edward J. Houlehan, Kansas City, Mo., and J. Dell Gordon, Oklahoma City, for appellant.
Mark Hammons, Michael A. Taylor, Oklahoma City, for appellee Eric Manuel.
Garvin A. Isaacs, Wendell B. Sutton, Oklahoma City, for appellee Oklahoma City University.
Appellee, Eric Manuel (Manuel), sought and obtained a permanent injunction prohibiting the Appellant, National Association of Intercollegiate Athletics (NAIA), from interfering with his scholarship to play varsity basketball for Appellee Oklahoma City University (OCU). He also sought to enjoin OCU to perform its basketball scholarship contract with him. After a nonjury trial, the trial court issued a permanent injunction enjoining the NAIA and OCU from interfering with Manuel's scholarship until he completes 10 semesters, or until he graduates, whichever occurs earlier. The NAIA appeals from that order.
The Supreme Court assigned this appeal to the Court of Appeals, Oklahoma City Divisions, on March 26, 1992, and it was reassigned to Division I on April 7, 1992. On April 8, 1992, this Court issued a show cause order to Appellant NAIA, ordering it to respond on or before April 21, 1992, why this appeal should not be dismissed as moot. Manuel has now completed his eligibility pursuant to the injunction. Appellees were directed to reply to Appellant's response on or before May 4, 1992. All parties to this appeal contend the case is not moot and that it should be decided on its merits.
The NAIA contends that this appeal presents issues of broad public interest because the trial court's action impacted upon other NAIA member schools which were allegedly told Manuel was ineligible. In its order, the trial court declined OCU's request to enjoin the NAIA from taking any retaliatory action against it as a result of its actions with regard to Manuel. It is possible, the NAIA contends, that OCU will be subject to possible sanctions and retroactive penalties, i.e., forfeitures, suspensions and additional penalties, under Article VI, Section C(3) of the NAIA By-Laws, if the appeal is dismissed and the injunction is no longer in effect. It contends that this appeal will "likely have a substantial effect upon challenges to NAIA eligibility rules." It also raises the issue of whether the trial court had subject matter jurisdiction to rule in this case, because of the general rule of non-interference by the courts to resolve disputes between members of a voluntary association, such as the NAIA.
OCU responds that the issues herein are not moot. It agrees with the NAIA that issues of OCU's potential liability in the nature of retroactive sanctions remain at issue. Absent an agreement with the NAIA that it will not seek retroactive sanctions and penalties against OCU, it contends that dismissal of this appeal will expose it to such retaliatory action by the NAIA.
Manuel also contends this appeal is not moot. He argues that although his eligibility has been completed, dismissal of the appeal and vacation of the underlying order will have the effect of lifting the injunction. He contends this could result in punitive actions against him by the NAIA, affecting his liberty and property interest in the fruits of his intercollegiate participation, i.e., the honors and awards he received during his two years of participation at OCU. Additionally, he contends vacation of the injunction would leave OCU open to punitive actions by the NAIA for its having complied with the trial court's order, which would be a material infringement on the rights of that institution.
This Court finds that issues germane to this appeal remain to be resolved. The injunction issued by the trial court was to remain in effect "until such time as Manuel completes a total college attendance of ten (10) semesters or graduates, whichever occurs earlier." Thus, the injunction has served its purpose. The NAIA by-laws provide for retroactive sanctions for violations by NAIA member schools. The dismissal of this appeal possibly could leave unresolved the issue of potential liability for OCU's alleged rules violations by honoring Manuel's contract and scholarship.
We do not agree that dismissal of this appeal, because it may be moot, would operate to vacate the trial court's injunction. The judgment would not be affected. However, the parties have abided by the injunctive order of the court, as was their duty to do. Dismissal would leave the rights of the parties undecided. We now agree that the issues involved are not moot; and, this appeal will be decided on the merits.
A factual background is necessary. Before attending OCU, Manuel attended the University of Kentucky (UK) on a basketball scholarship. UK is a member of the National Collegiate Athletic Association (NCAA). Manuel played basketball at UK during his freshman year. However, the NCAA conducted an investigation of the UK basketball program which resulted in allegations that Manuel had committed academic fraud in taking the A.C.T. college entrance examination. His basketball eligibility was revoked, and UK was put on probation. Manuel became ineligible to participate in UK's basketball program or in any NCAA member basketball program. UK offered to allow him to stay in school with the scholarship in effect, although he would not be permitted to play basketball. Manuel declined UK's offer and attended Hiwassee Junior College in Tennessee, where he graduated with an associate's degree in 1990.
After his graduation from Hiwassee, several NAIA schools recruited Manuel and contacted the NAIA regarding his eligibility. In addition to OCU, these schools included Georgetown of Kentucky, Cumberland College and Auburn Montgomery. Manuel testified that neither the schools nor the NAIA told him that he was ineligible to play for an NAIA school. He stated that he never heard back from the schools after inquiry was made. He also testified that he had not been suspended from UK, or from any other school.
In April, 1990, OCU contacted Wallace Schwartz (Schwartz), the Associate Executive Director of the NAIA National Office, about Manuel's eligibility. Schwartz testified he told OCU's Athletic Director, Joseph "Bud" Sahmaunt (Sahmaunt), that the National Eligibility Committee (NEC) had determined Manuel was ineligible in 1989, but that OCU could request a clarification of his ineligibility. Sahmaunt disputes the fact that he was told this by Schwartz but stated he was told "the only thing that we should be concerned about was the suspension rule." Sahmaunt identified the "suspension rule" as Article V, Section F(6), of the NAIA By-Laws, which provides:
Transfer students who were suspended from the immediately previous identified institution at the time of transfer must establish two full semesters, two full trimesters or three full quarters of attendance at the NAIA institution or until the institutional disciplinary period at the previous institution has been terminated before intercollegiate participation at an NAIA institution shall be permitted.
Sahmaunt testified he told OCU's basketball coach, Darrell Johnson (Johnson), that he would have to clarify whether OCU would be in violation of the above rule; if Sahmaunt was assured there was no violation, they could then approach OCU's president for permission to continue the recruiting process. He stated Johnson convinced him there was no suspension of Manuel at UK and that he had met all of the other requirements to complete an eligibility form to submit to a district eligibility chair which clarifies that person's eligibility. OCU's president gave the permission to continue the recruiting process.
Johnson later read in the newspaper that Manuel had been declared ineligible by the NAIA. Sahmaunt contacted Schwartz and inquired why he had not informed OCU of this earlier. He was told that not all information was given to all of its membership in the NAIA. He also told Sahmaunt that Manuel was ineligible under Article V, Section E(4), on "Termination of Eligibility", of the By-Laws:
4. A student who has completed eligibility at a four year institution is ineligible for further intercollegiate participation.
Johnson testified as to the interpretation of the above section. He stated that, after talking with athletic directors, college presidents and faculty reps in District 9 (which includes OCU), the unanimous consensus of the intent of the rule is He stated that "completion of eligibility" is defined in two different places within the rule book by the NAIA: (1) also under Article V of the By-Laws, and (2) page 47 of the NAIA casebook. "Completion of eligibility" can occur:
(1) at the close of the final day of class upon completion of ten (10) semesters;
(2) upon graduation; or,
(3) after participating in four seasons of competition.
Johnson stated that section E(4) is to be read in light of the preceding three sections. He stated that, to his knowledge, the NAIA has never interpreted section E(4) in the same manner that it is being interpreted for Manuel. Johnson named a minimum of 15 students who had been declared ineligible by the NCAA, but who had played, or were playing, for NAIA schools. He also stated, with regard to section E(4) and the NCAA definition of completion of eligibility, i.e., the "five-year rule": 1
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