Judge: NCAA's punishment of Todd McNair violated California law
A California state court said Tuesday that a key provision of the NCAA’s punishment of former USC assistant Todd McNair violated state law.
McNair had been challenging the legality of the NCAA’s penalties against him and had also sued the NCAA for defamation. State judge Frederick Shaller said in his final decision Tuesday that the show-cause penalty McNair received from the sanctioning body was illegal. From the Los Angeles Times:
Shaller’s eight-page decision voided the show-cause provision of NCAA bylaws because it constituted an “unlawful restraint” on McNair’s pursuing a lawful profession.
“McNair’s ability to practice his profession as a college football coach has been restricted, if not preempted, not only in Los Angeles, but in every state in the country,” Shaller wrote.
The judge added that the decision would “allow NCAA and member schools to conform their conduct to the law and prevent future litigation.”
McNair was charged with unethical conduct by the NCAA in 2009. He appealed the decision. The NCAA’s Committee on Infractions ruled that McNair had been dishonest with NCAA investigators regarding contact from an agent who had given improper benefits to former USC running back Reggie Bush.
The show-cause penalty was for a year. A show-cause is one of the NCAA’s biggest punishments and makes it extremely difficult for a coach to stay at the school where he committed the infractions or to move to a new school. A school who hires a coach under show-cause penalty can be penalized for that coach’s prior actions.
McNair has not coached in college football since he was punished by the NCAA. He filed the defamation suit against the NCAA in 2011 and this legal victory comes after a jury ruled against him in that defamation suit. The jury ruled 9-3 against him in May.
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Nick Bromberg is a writer for Yahoo Sports.
Follow @NickBromberg on Twitter
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