National Collegiate Athletic Ass'n v. Gillard
| Decision Date | 07 December 1977 |
| Docket Number | No. 49739,49739 |
| Parties | NATIONAL COLLEGIATE ATHLETIC ASSOCIATION and Walter Byers v. Larry J. GILLARD, by and through Bob Tyler, as next friend, and Mississippi State University. |
| Court | Mississippi Supreme Court |
Threadgill & Smith, William J. Threadgill, Taylor B. Smith, Columbus, George H. Gangwere, Kansas City, Mo., for appellants.
Harry N. Rayburn, Jr., Stennett, Wilkinson & Ward, Erwin C. Ward, Dixon L. Pyles, Jackson, for appellees.
Before SMITH, LEE and BOWLING, JJ.
This is an appeal from the decrees of the Chancery Court of Oktibbeha County granting appellees, Mississippi State University and Larry J. Gillard, preliminary and permanent injunctions against appellants, National Collegiate Athletic Association (NCAA) and Walter Byers, the Association's executive director. The preliminary injunction was granted on September 19, 1975, and the permanent injunction was granted at the conclusion of a hearing on April 27, 1976.
We first need to dispose of appellees' "Motion to Dismiss Appeal for Mootness" filed on November 3, 1977. The allegation of the motion was to the effect that as appellee Larry Gillard was concluding his collegiate football athletic career under the preliminary and permanent injunctions, a review of the lower court's action is moot. Appellants filed opposition to the motion to dismiss for mootness, alleging that as there is a primary constitutional question involved to which this Court has not addressed itself, the Court should render a decision on this question. We agree and therefore deny appellees' motion to dismiss.
At the outset, we state in plain and unmistakable language that the issues raised in this cause are solely questions of law. A careful study of the record as applied to positive legal principles leaves this Court with only one choice. We must reverse and dismiss the cause.
Because of the widespread interest in the case and possible misunderstanding of the issues, we shall discuss them fully and plainly as possible.
Appellees filed their sworn bill of complaint requesting that appellants be enjoined from taking action that would prevent appellee, Larry Gillard, from participating in football games the remainder of the 1975 season. It was contended that Gillard was not accorded due process of law when NCAA declared him ineligible for that period of time. The principal allegation for this contention was that he was not a member of the NCAA and was not given sufficient opportunity to be heard through his school, Mississippi State University. It was contended that the actions of NCAA were contrary to the due process requirements of Article 3, section 14, of the Mississippi Constitution, and the Fourteenth Amendment of the United States Constitution.
To get a clear picture of circumstances and events leading to this contention, we relate them from the beginning. First, what is the NCAA? It is a voluntary association composed of approximately 828 colleges and universities. It has a constitution, bylaws, and rules and regulations. These are made, changed and amended at the annual meetings of the association. Representatives of all members are supposed to be at each annual meeting. Between these meetings the activities of the association are in charge of a "council," composed of eighteen members the president and secretary-treasurer, both of whom are elected by the convention, and sixteen vice presidents. The membership area is divided into eight districts; each elects a vice president. The convention elects eight vice presidents at large. This council then represents all sections of the country. Various committees are formed as shall be discussed later. A full-time administrative staff is employed, with headquarters in Kansas City, Missouri.
The primary purpose for this voluntary association is set out in its constitution, which reads as follows:
The competitive athletic programs of the colleges are designed to be a vital part of the educational system. A basic purpose of this association is to maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body, and, by doing so, retain a clear line of demarcation between college athletics and professional sports.
On December 17, 1964, the Mississippi Board of Trustees of Institutions of Higher Learning adopted certain policies on athletics, one of which was "standards of the NCAA and appropriate regional conferences shall be the standards of the several athletic departments."
As stated above, the voluntary members of the association adopt rules and regulations to carry out its purpose. These resulted in the following facts and circumstances as plainly shown by the record in the case.
Mr. Charles N. Shira, Director of Athletics for appellee, Mississippi State University, received a letter dated March 6, 1975, from Warren S. Brown, Assistant Executive Director of NCAA in charge of investigating possible rule or regulation violations. This letter was forwarded as required by these rules and was as follows:
Mr. Charles N. Shira
Director of Athletics
Mississippi State University
Mississippi State, Mississippi
39762
Dear Mr. Shira:
Undoubtedly, you are familiar with the enforcement program of the NCAA and the responsibilities and obligations of the Association's Committee on Infractions. This letter is to advise you of a preliminary inquiry into the athletic policies and practices of Mississippi State University.
Information has been submitted to and developed by the NCAA investigative staff indicating possible violations of NCAA legislation on the part of the University and its representatives. Consequently, the NCAA investigative staff will continue its preliminary inquiry into these allegations in accordance with the provisions of Section 2 of the "Official Procedure Governing the NCAA Enforcement Program," page 104, 1974-75 NCAA MANUAL. The inquiry will entail the use of a field investigator.
The purpose of a preliminary inquiry is to determine whether there is adequate evidence to warrant an official inquiry. If, following this preliminary checking, the information developed appears substantial, the Committee on Infractions will correspond with you in accordance with the provisions of Section 3 of the "Official Procedure Governing the NCAA Enforcement Program."
This letter is merely intended to acquaint you with the developments to date and assure you that you and your institution will be fully advised if there is sufficient evidence to warrant an official inquiry.
Sincerely,
/s/ Warren S. Brown
Assistant Executive
After investigations by NCAA representatives as required by the rules, Dr. Giles, President of Mississippi State University, received a confidential letter from Mr. Brown, dated April 30, 1975. Again, this letter was written as required by NCAA rules to permit the University to make a thorough and independent investigation of possible violations found by the association. This letter was as follows:
Dr. William L. Giles
President
Mississippi State University
Mississippi State, Mississippi
39762
Dear President Giles:
This letter (and enclosure) is the result of a preliminary inquiry which has been conducted by the NCAA into the athletic policies and practices of Mississippi State University. This inquiry was initiated in accordance with Section 2 of the "Official Procedure Governing the NCAA Enforcement Program," page 111, 1975-76 NCAA MANUAL.
The allegations and charges filed have been investigated and appear to be of sufficient substance and reliability to warrant an official inquiry. Accordingly, this letter (and enclosure) constitutes an official inquiry as described in Section 3 of the "Official Procedure Governing the NCAA Enforcement Program." In order that complete information may be developed, several questions are submitted to obtain the facts of these matters and to determine the practices and policies of Mississippi State University in certain areas of athletic administration.
In the interest of clarity and in accordance with general procedures established by the Committee on Infractions, the University is requested to copy each numbered item and the subparagraphs of each item contained in the official inquiry. The University's response should immediately follow each numbered item or subparagraph to which the information submitted is directly responsive.
Six copies of your response should be forwarded to the writer at the NCAA executive office and one copy should be forwarded to each member of the Committee on Infractions at the following addresses:
All responses should be on file with these individuals, including the writer, by July 1, 1975. The Committee on Infractions will meet in Kansas City, Missouri, July 11-14, to consider your response and would welcome an appearance by representatives of the University at that time.
You will be notified of the actual appearance time and date well in advance of this meeting. In this regard, your attention is directed to Section 4 of the "Official Procedure Governing the NCAA Enforcement Program," which sets forth the general guidelines to be followed at the time of the University's appearance before the Committee on Infractions.
It is requested that Mississippi State University be represented at the Committee on Infractions' hearing by at least the following individuals: head football coach Robert...
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