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By adjacent as a party, the little Division I school had hoped to prevent a multibillion-dollar settlement of the competitive lawsuit.
Brett Coomer/Houston Chronicle via Getty Images
Houston Christian University’s request to join the House v. NCAA antitrust situation has been denied by U.S. District Court Judge Claudia Wilken.
Wilken argued in an attempt on Wednesday that the school had failed to fulfill its legal obligations by establishing that it could not then “protect its claimed” interest without engaging in litigation. She added that HCU’s movement even was never filed in a timely manner, and that its “years-long delay in moving to act weighs greatly” in her determination.
The FCS class, which was formerly known as Houston Baptist, claimed in its action last month that neither it nor its division were named as accused in the House lawsuit nor that the NCAA and energy conferences that are defendants had ever been in contact with them.
HCU said the impending House settlement would force it to reallocate funds from school to keep maintaining its athletic programs ‘ current revenue levels, as it would mean its communicate of annual NCAA distribution would be reduced by hundreds of thousands of dollars.
But, Wilken contends that the situation is neither unavoidable nor necessary for the party to be able to survive.
The court may assume that HCU lacks “other means,’ besides action, to defend its claimed curiosity in deciding for itself how to manage its funds because HCU’s membership in the NCAA and participation in Division I sports is optional,” the judge wrote.
James Bryant, one of the direct attorneys for Houston Christian, told Sportico that the college would then consider its various legal choices while it digests Wilken’s decision.
” Evidently, we regard the prosecutor and recognize she spent a lot of time trying to apply the law correctly”, Bryant said in a phone interview Wednesday. ” We do n’t believe we have been heard. We may be heard in a variety of ways and places, as well as potential for additional dispute.
Prior to this, Bryant and Robert B. Sloan, chairman of HCU, told Sportico that they had spoken with other smaller institutions that were thinking about partnering with the initiative. However, it remains to be seen whether any other events will create a similar jump in light of the large vocabulary of Wilken’s denial.
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