MAKO Wrote:Somebody tell me the legal theory they're gonna use to challenge this rule. Maybe I'm just not creative enough but the NCAA is an organization that some colleges voluntarily participate in. By participating in that organization, they agree to abide by its rules.
Under anti-trust law, you cannot exclude someone from a voluntary organization that has economic impact on interstate commerce unless there is a legitimate business purpose OTHER than reducing competition.
The attendance component is contrary to the Division I Philosophy statement that is supposed to be used as a guideline for adopting all NCAA legislation. The Statement specifically states "members of Division I recognize the differences in
institutional objectives in support of football; therefore, the division provides competition in that sport in Division I-A and Division I-AA"
Based on the NCAA's own statement any criteria for I-A that relies on factors outside the control of an institution are automatically suspect.
That means you've got to come up with a really, really good legitimate reason for an attendance criteria.
In this case, what they have is former Southland Conference Commissioner Greg Swankey telling CBS Sportsline that they wanted tougher criteria and that they came up with 15k by taking the old 30k stadium requirement and dividing by 2.
It's a slam dunk and SJSU is the PERFECT plaintiff. This year the WAC will distribute about $1.2 million to them (most years closer to $700,000 but the defectors are leaving money on the table). WAC rules require all members to play I-A football so that means they will be expelled if reclassified and lose that money. So that helps in damages. Then you have the fact that they play Stanford. Since 1959 they have played every year except one but Stanford has played only school classified I-AA since that sub-group was created in 1978 and that was a game that was contracted while the opponent was I-A. They've not played a I-AA in the last 12 years. So reclassification likely costs them the historic (60 meetings) series with Stanford that provides them with exposure and an affordable money game nearby. Plus SJSU is a normally a mediocre school. Some bad years, but some good, ranked in the final poll in 1990, 7 bowl appearances, 4 since 1980.
Won't take long to establish that SJSU is competitive in I-A (beat a Big 10 school in 2002) and is being excluded from I-A, and will suffer measurable economic damages if excluded based on a rule designed solely to exclude schools.