Aug. 18, 2008
CBS Sports Reports on Suit Against MU, Bobby Pruett
MU Argues to Postpone Oct. 21, 2008 Trial in Federal Court
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) –- Former Marshall football coach Bobby Pruett has been given until August 25, 2008 to respond a motion to delay trial in a pending athletic department academic “fraud” and “overpayment of athletics” federal court civil suit.
Currently, two motions are pending before the court. One, to grant summary judgment and dismiss the case AND the court’s trial date of October 21, 2008. The Marshall defendants want the trial delayed due to an attorney’s kidney transplant.
CBS Sports reported August 17 that affidavits filed August 15 allege the direct involvement of the former coach in a scandal that put the program on probation in 2001. The affidavits were filed as part of litigation pertaining to a suit by Dr. David Ridpath, then a compliance officer at MU, who contends the actions by the University knocked him off the path to becoming an athletic director. He is currently an associate athletic director at Ohio University.
Mike Jenkins, a former Marshall flexibility coach, stated: “I have knowledge that the academic fraud concerning football athletes receiving special academic assistance in violation of NCAA rules, specifically certain athletes received copies of a final exam in advance of the test, was initiated and known by Coach Pruett and others on the staff. The study guide (later determined to be a copy of the PE 201 final exam ) was to be put on my desk for athletes to come pick up off my desk… I was present when Coach Pruett assured the staff that certain football athletes (specifically Dani Derricott) would be eligible for the Fall 2000 season because “they were guaranteed to get A’s in McCallister’s class.” (To download a copy of the full affidavit of MICHAEL JENKINS, click here.)
Former Marshall player Sam Goines alleged in his affidavit that during time he did not qualify for a scholarship under Proposition 48, he and “props” Alonzo Jones, Ralph Street, Kenny Lytle, and Jerome Smith were assigned $25 per hour “janitorial “ jobs at Chapman Printing and car washing at Fish & Bates Motors.
“We were instructed by the coaching staff (Coach Ralph May in particular) that we should not talk about the Job(s) or tell anyone about the job and keep it in the football family. During my senior year, I was suspended for four games for working at Chapman Printing during my Prop 48 year… in order to restore my eligibility I was told to sign a statement indicating I had made $12.50 per hour. The statements were signed at a meeting in Pruett’s office under Pruett’s direction.” (To Download a copy of SAM GOINES full affidavit and that of former compliance director B. David Ridpath, click here.)
To read a portion of COACH PRUETT’S deposition included in the suit and arguments, you may click here.
To read the arguments of Marshall, Pruett, et. al. to dismiss, click here.
To read the arguments of Ridpath which alleges Pruett’s involvement and opposes MU’s Motion to Dismiss, click here.
To read arguments regarding TRIAL DATES, click here.
(Editor’s Note: During litigation some documents are NOT available to the public, only the attorneys. A Protective Order is in place regarding the litigation. To read the PROTECTIVE ORDER, click here.)
CBS writer Dodd states that usually a four-year statute of limitations would protect the program from further sanctions. However, Dodd states that the NCAA “has gone back” in a 90s case involving Jim Tressel and Youngstown State. Dodd quoted a “veteran college administrator familiar with the Ridpath lawsuit and the NCAA process” who determined it was “not likely” the NCAA would re-open the case involving Marshall and Pruett. For the full CBS Sports article click: http://www.sportsline.com/collegefootball/story/10936502.
Still, it should be noted that NCAA Enforcement Representative LuAnn Humphrey emailed David Price, director of Enforcement, that “someone tried like hell to throw us off track on this thing from the beginning , and the evidence overwhelming (sic) points to a cover-up. But unfortunately, we may never know who was the real culprit.” Humphrey in a deposition stated that she “had concerns” that “Coach Pruett and/or other members of the football staff were involved in a cover-up at MU.”
The case has been going on since 2003 and has been on appeal to the United States Court of Appeals for the Fourth Circuit once. The Richmond, Va. Court found that the defendants were not entitled to “qualified immunity” in this case. To read that opinion click: http://pacer.ca4.uscourts.gov/opinion.pdf/041314.P.pdf
Although legal documents from the case have been posted by HNN, the actual docket contains over 250 entries. “This file of this matter consists of thousands of pages of documents, witness interviews, depositions, discovery responses and requests,” argued Vaughn Sizemore in asking for a trial delay until January 2009.
Ridpath filed the complaint after he was reassigned in 2002 from compliance director to director of judicial affairs. The reassignment occurred three months prior to the NCAA determining the university’s punishment.
Pruett retired from MU coaching in 2005, but is now working as a defensive coordinator at the University of Virginia.
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CBS Sports Reports on Suit Against MU, Bobby Pruett
MU Argues to Postpone Oct. 21, 2008 Trial in Federal Court
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) –- Former Marshall football coach Bobby Pruett has been given until August 25, 2008 to respond a motion to delay trial in a pending athletic department academic “fraud” and “overpayment of athletics” federal court civil suit.
Currently, two motions are pending before the court. One, to grant summary judgment and dismiss the case AND the court’s trial date of October 21, 2008. The Marshall defendants want the trial delayed due to an attorney’s kidney transplant.
CBS Sports reported August 17 that affidavits filed August 15 allege the direct involvement of the former coach in a scandal that put the program on probation in 2001. The affidavits were filed as part of litigation pertaining to a suit by Dr. David Ridpath, then a compliance officer at MU, who contends the actions by the University knocked him off the path to becoming an athletic director. He is currently an associate athletic director at Ohio University.
Mike Jenkins, a former Marshall flexibility coach, stated: “I have knowledge that the academic fraud concerning football athletes receiving special academic assistance in violation of NCAA rules, specifically certain athletes received copies of a final exam in advance of the test, was initiated and known by Coach Pruett and others on the staff. The study guide (later determined to be a copy of the PE 201 final exam ) was to be put on my desk for athletes to come pick up off my desk… I was present when Coach Pruett assured the staff that certain football athletes (specifically Dani Derricott) would be eligible for the Fall 2000 season because “they were guaranteed to get A’s in McCallister’s class.” (To download a copy of the full affidavit of MICHAEL JENKINS, click here.)
Former Marshall player Sam Goines alleged in his affidavit that during time he did not qualify for a scholarship under Proposition 48, he and “props” Alonzo Jones, Ralph Street, Kenny Lytle, and Jerome Smith were assigned $25 per hour “janitorial “ jobs at Chapman Printing and car washing at Fish & Bates Motors.
“We were instructed by the coaching staff (Coach Ralph May in particular) that we should not talk about the Job(s) or tell anyone about the job and keep it in the football family. During my senior year, I was suspended for four games for working at Chapman Printing during my Prop 48 year… in order to restore my eligibility I was told to sign a statement indicating I had made $12.50 per hour. The statements were signed at a meeting in Pruett’s office under Pruett’s direction.” (To Download a copy of SAM GOINES full affidavit and that of former compliance director B. David Ridpath, click here.)
To read a portion of COACH PRUETT’S deposition included in the suit and arguments, you may click here.
To read the arguments of Marshall, Pruett, et. al. to dismiss, click here.
To read the arguments of Ridpath which alleges Pruett’s involvement and opposes MU’s Motion to Dismiss, click here.
To read arguments regarding TRIAL DATES, click here.
(Editor’s Note: During litigation some documents are NOT available to the public, only the attorneys. A Protective Order is in place regarding the litigation. To read the PROTECTIVE ORDER, click here.)
CBS writer Dodd states that usually a four-year statute of limitations would protect the program from further sanctions. However, Dodd states that the NCAA “has gone back” in a 90s case involving Jim Tressel and Youngstown State. Dodd quoted a “veteran college administrator familiar with the Ridpath lawsuit and the NCAA process” who determined it was “not likely” the NCAA would re-open the case involving Marshall and Pruett. For the full CBS Sports article click: http://www.sportsline.com/collegefootball/story/10936502.
Still, it should be noted that NCAA Enforcement Representative LuAnn Humphrey emailed David Price, director of Enforcement, that “someone tried like hell to throw us off track on this thing from the beginning , and the evidence overwhelming (sic) points to a cover-up. But unfortunately, we may never know who was the real culprit.” Humphrey in a deposition stated that she “had concerns” that “Coach Pruett and/or other members of the football staff were involved in a cover-up at MU.”
The case has been going on since 2003 and has been on appeal to the United States Court of Appeals for the Fourth Circuit once. The Richmond, Va. Court found that the defendants were not entitled to “qualified immunity” in this case. To read that opinion click: http://pacer.ca4.uscourts.gov/opinion.pdf/041314.P.pdf
Although legal documents from the case have been posted by HNN, the actual docket contains over 250 entries. “This file of this matter consists of thousands of pages of documents, witness interviews, depositions, discovery responses and requests,” argued Vaughn Sizemore in asking for a trial delay until January 2009.
Ridpath filed the complaint after he was reassigned in 2002 from compliance director to director of judicial affairs. The reassignment occurred three months prior to the NCAA determining the university’s punishment.
Pruett retired from MU coaching in 2005, but is now working as a defensive coordinator at the University of Virginia.
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