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| Friday, August 2 Updated: August 13, 9:44 PM ET CU required to align with either NCAA or Bloom By Darren Rovell ESPN.com |
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The University of Colorado, caught in the middle of a legal battle with the NCAA and its football recruit Jeremy Bloom, will be forced to take sides in the suit by late next week, according to a court order issued by Judge Daniel Hale on Friday afternoon. Bloom, a highly-touted wide receiver and the world's No. 1-ranked moguls skier, filed a motion in Boulder County (Colo.) district court on July 25, seeking an injunction that would prevent the NCAA from making him ineligible if he were to accept skiing endorsements, modeling contracts and paid television work. NCAA bylaws state that student-athletes are only allowed to receive money deriving from their participation in other pro sports if that money is made in salary. In the court order, obtained by ESPN.com, the judge concluded that the university -- which had its waiver on behalf of Bloom rejected by the NCAA on Thursday -- was an interested party and had to align itself. Although the university has been fighting for Bloom's rights, it also is obviously an NCAA member institution. "CU appears to have internally conflicting interests regarding the outcome of this matter and should align itself based upon its risk/benefit analysis," the order reads. "We have received the court order, and this is obviously a unique situation," said Colorado athletics director Dick Tharp. "We're presently reviewing all of our legal options, and need to explore all of the ramifications of whatever course of action we decide. It is our intention to respond early next week." Bloom's attorneys had to present the order to the university no later than noon ET on Monday. Even if Bloom wins a permanent injunction against the NCAA, it's possible school officials still won't let Bloom play in fear that a winning NCAA appeal could once again render Bloom and the team ineligible. "In this case, if it's heads the NCAA wins, and if it's tails the student-athlete loses," Bloom's attorney Peter Rush told ESPN.com on Wednesday. That's because NCAA Bylaw 19.8 stipulates that if a student-athlete that is permitted to play via a court restraining order has his or her case reversed, the NCAA Management Council can require that the records of the athlete as well as the records of the team, in games in which the ineligible athlete played, be "vacated or stricken." The Management Council also has the authority to strike team victories, to penalize the school by preventing them from attending any number of NCAA championships and to access financial penalties, including the possible forfeiting of the school's share of television revenue. "The bylaw simply provides the NCAA with recourse should a ruling be overturned," said NCAA spokesperson Jane Jankowski. All of which leaves Bloom in limbo. "Even if Jeremy wins, the decision of whether he should play will lie in the hands of our athletic director, football coach and the Board of Regents," said Sherri McKelvey, the university's director of compliance. Darren Rovell, who covers sports business for ESPN.com, can be reached at darren.rovell@espnpub.com |
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