View court docket of Balogun's case.
View the affidavit for Balogun's case.
View the memorandum regarding the NCAA and OU athletic department's investigations.
View NCAA rules that allows Balogun to appeal NCAA rulings.
Linebacker Mike Balogun has filed a civil lawsuit against the NCAA in hopes to remain eligible for his senior football season.
The NCAA has been investigating whether the senior defender participated in semi-pro football after his 21st birthday, which would cost Balogun one year of eligibility for every year he played after his 21st birthday. Since Balogun is a senior, losing a year of eligibility would end his career at OU.
According to the Oklahoma State Courts Network, Balogun is seeking $10,000 in damages from the NCAA. Cleveland County courts have scheduled a temporary injunction hearing for Aug. 24 before District Judge Tom Lucas.
The court may speed up the process Monday by choosing to hear arguments in regards to Balogun’s request for a permanent injunction, instead of deciding on Balogun’s request for a temporary injunction, said Woody Glass, Balogun’s attorney.
“Me and the NCAA lawyer … we’re trying to see if we can’t expedite that whole process and …. just [have] a hearing on the permanent injunction [Monday],” Glass said.
Balogun has received a temporary restraining order that will allow him to continue practicing until Monday’s hearing, Glass said. Initially, Balogun’s eligibility to practice with the team would have ended Wednesday.
Kenneth Mossman, senior associate athletics director of communications, said a temporary injunction, if granted Monday, would allow Balogun to continue to participate with team functions.
However, an NCAA bylaw may prove harmful to Balogun and OU, even if Balogun successfully receives an injunction Monday. NCAA Bylaw 19.7 would allow the NCAA to punish both Balogun and OU if Balogun plays or practices, but the NCAA gets a potential injunction overturned on appeal.
“[If] we win the permanent injunction, but for some reason the NCAA decides they want to appeal [a potential injunction] … and in the interim, Mike plays in several football games,” Glass said. “At some point, the Oklahoma Court of Appeals and even potentially the Oklahoma Supreme Court is going to have to make some sort of determination as to whether that 19.7 violates the Oklahoma Constitution.”
And that might keep Balogun off the field, even if he wins his case Monday.
“It is among many facets of this matter that would require our consideration,” Mossman said in an e-mail about the coaching staff’s decision to play Balogun.
The investigation into Balogun’s ineligibility stemmed from comments made by announcers during the BCS National Championship game on Jan. 8. According to a memorandum released by OU’s Athletics Compliance Department, Florida State University made a phone call to the Big 12 Conference requesting an investigation into Balogun’s semi-pro past.
Head coach Bob Stoops said he thought Balogun was previously cleared in investigation, and hopes he can continue to play with the team.
"I don't know how we could have done more than we have in this matter, and we've had a good working relationship with the NCAA on Mike's case all along," said Stoops. "We're still hopeful that Mike will be eligible for this season, but we'll have to see what happens over the coming days."
According to the court documents, the Big 12 investigated Balogun’s involvement with the Maryland Marauders, a semi-pro North American Football League team, and was satisfied with the investigation.
Florida State then contacted the NCAA stating it was aware of a box score reflecting Balogun played after his 21st birthday. Dennis Felton, a former assistant coach for the Marauders, stated he thought Balogun played during the 2004, 2005 and 2006 seasons, which would mean Balogun played organized football after his birthday.
However, in an affidavit from OU’s Athletic Compliance Department, Gary Rice, owner of the Marauders, states Balogun only participated in the 2003 and 2004 seasons, prior to his birthday.
Keenan Clayton, senior linebacker and Balogun’s roommate, said it is tough seeing a teammate in this situation and expects the team to support him.
“Watching Mike [Balogun] go through this is real tough,” Clayton said. “He's going to keep his head high until the situation is to what it needs to be and the final decision is made, but it's tough seeing anybody on your team go through something like this. There's not too much you can say about it, but just to tell Mike to keep his head up and that we're behind him 100 percent.”
After transferring from Lackawanna College, a two-year school in Scranton, Pa., Balogun saw his first start with the Sooners in last season’s Kansas State game. In the national title game, he recorded a season-high six tackles.
Charles Ward contributed to the report.
The Oklahoma Daily is pleased to provide you the opportunity to share your thoughts about this article. We encourage lively debate on the issues of the day, but we ask you refrain from using profanity or other offensive speech, engaging in personal attacks or name-calling, posting advertising, or straying from the topic at hand. To comment, you must be a registered user of OUDaily.com. Thanks for taking the time to offer your thoughts.
You must be logged in to leave a comment. Log in | Register