NCAA challenged over restricted-earnings rule

Sporting News, The, Jan 30, 1995 by Gene Wojciechowski

The way attorney Jerry Roth sees it, his class-action suit against the NCAA is "the most important legal case in the history of intercollegiate athletics to come down the line."

Roth, a former Beverly Hills lawyer who now does the bulk of his work from his Allentown, Pa., office, is challenging the 1992 NCAA rule that allows a so-called "restricted-earnings coach" to make no more than $16,000 as an assistant. His suit filed in federal district court on behalf of the Division I restricted-earnings basketball coaches, charges the NCAA with violating antitrust laws.

"If the NCAA wins, then there will be no holds barred as far as controlling the earnings of head coaches, assistant coaches, contracts with shoe companies and things like that," says Roth, who expects a decision within the next two to five weeks. "If the NCAA wins this case, it can say, `We are organized to regulate intercollegiate athletics without any regard to federal or state laws.'"

At issue is the NCAA's ability to enforce a salary cap of sorts for assistants. When the restricted-earnings legislation was first approved at the 1991 NCAA Convention, supporters claimed it would cut costs and also provide opportunities to entry-level applicants.

That sounds nice in theory, but what about the veteran coaches who suffer when their salaries take a nosedive?

Duke's Pete Gaudet is 52, has a wife and three young children. He has 20 years of college coaching experience, including two seasons as head coach at Army and 12 as an assistant at Duke. When Blue Devils Coach Mike Krzyzewski was ordered by doctors to rest and rehabilitate his surgically repaired back - as it tamed out for the entire season - it was Gaudet who was chosen as the replacement.

But because of his restricted-earnings designation, Gaudet is making a little more than minimum wage. Do the math and Gaudet earns a little over $20 during a game, which is less than a good baby-sitter earns in four hours.

"And these are supposed to be my prime earning years," he says.

Gaudet wasn't interested in doing a lot of recruiting, which is why assistants Mike Brey and Tommy Amaker were designated as full-time assistants and, thus, not under the NCAA earnings umbrella. The same goes for Krzyzewski, who, like every other head coach, is free to make as much as he can.

As for Gaudet he saw his summer-camp earnings go from about $60,000 to $4,000 - because of the NCAA rule.

Gaudet filed a lawsuit of his own in state court, but last week a judge ruled against him.

"The bottom line: The judge decided that the NCAA is a voluntary organization, (it) can make a rule, however outlandish, and we have to follow it," Gaudet says.

Meanwhile, Roth, who says he has spoken with at least 83 restricted-earnings coaches, remains optimistic about a favorable outcome in the class-action suit. For what it's worth, he says the NCAA's attorneys are nervous about the case.

However, if the NCAA legislation is upheld, Gaudet, and others like him, might have to look elsewhere for a job.

"I would have to consider that, yeah," Gaudet says. "I have to consider all options. That's what a lot of guys have to do."

No ticket to ride

In the wake of a January 12 incident at Texas-El Paso, where Wyoming Coach Joby Wright says a UTEP follower yelled a racial slur at him at least three times, the Western Athletic Conference has instituted a new policy on fan abuse.

WAC Commissioner Karl Benson says the revised policy, which was detailed in a league-wide memo sent to coaches, school officials and referees, calls for the immediate removal of any fan who verbally abuses a player or team staff member.

The policy was put to use in a January 19 game between Colorado State and visiting Brigham Young. An abusive CSU fan was identified to the game referee, who then instructed security personnel to remove the person from Moby Arena.

Meanwhile, UTEP officials have conducted an investigation into the January 12 incident, but say they are unable to substantiate Wright's claim. A fan initially identified as the culprit has denied any wrongdoing.

According to reports, a UTEP fan seated behind the Wyoming bench began arguing with a referee during a timeout with about 10 minutes remaining in the game. The fan continued shouting as the ref returned to the court. At that point, Wright told the ref it was the same fan who had used a racial epithet at least three previous times during the game. After the referee spoke with UTEP Coach Don Haskins, the fan was removed.

Regardless of the UTEP investigation results, this isn't the sort of thing a coach makes up. And while we applaud the WAC's new policy, a better punishment might be a season-long ban on any fan booted from a game because of verbal abuse. After all, it's a ticket to a game, not a license to humiliate.

Speaking out

Kansas Coach Roy Williams, an outspoken critic of NCAA Convention legislation, was ready to pop a neck vein over the latest results.

First, delegates voted against a proposal that would have allowed student athletes to work part-time jobs. Next, the delegates failed to approve legislation that would have allowed academic non-qualifiers the chance to earn back a fourth year of eligibility. Under present rules, a non-qualifier must forfeit a year of playing eligibility.