By Jay Jones
October 28, 2008
Duck Sports News has learned that the judge in the wrestling lawsuit against the University of Oregon has dismissed the case, and found in favor of Oregon.
Developing…
[Update: 12:20 p.m.]: Click here for the AP report on the lawsuit dismissal.
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By Jay Jones, June 9, 2008
Did you really think the only trials in Oregon’s future were of the Olympic variety?
On Friday, members of the University of Oregon’s wrestling team filed a suit in the Oregon Circuit Court for Marion County seeking to prevent the University from dropping wrestling. Circuit Judge Albin W. Norblad will hear the case.
And is anyone surprised by this?
While I am not surprised by this development, it is a little unexpected at the same time. As dichotomous as that answer is, I’m equally dichotomous in answering some of my own questions regarding this case. Usually, that’s called dissociative identity disorder. But for the purposes of this blog (and the endless discussion to follow), we’ll just call this:
Top 10 Grappling Questions & Answers
1. What does the case say about the Oregon wrestling team?
Oregon wrestling is desperate. And in their desperation, they have resorted to litigation. This is their last, best (and I believe, worst) hope to save Oregon wrestling. But what does this say about the character of Oregon wrestling? On this blog (and elsewhere on the nets), wrestling supporters have championed wrestling as a “character” sport. But is being litigious a “character” thing to do?
If the Oregon wrestling team believes they’ve been grievously and unjustly wronged (and I believe they have been treated unfairly), then legal action might be their only recourse. Do I have to run down a list of recent dramatic legal movies featuring a triumphant underdog? Erin Brockovich. The Rainmaker. Legally Blonde. (This brings up a good point, why isn’t the Oregon wrestling team viewed as a sympathetic underdog? Shoot. Even my answers beget more questions.) Who doesn’t root for the single mom or young lawyer against the big, bad, evil corporation? I know I do.
But to play Devil’s Advocate, this move could also be seen as a “win at all costs” move, not exactly what wrestlers are supposedly known for. While they don’t know the word “quit”, the Oregon wrestling team might get to know the word “backlash” pretty well. For most Duck fans, I believe this move will be viewed upon as a kamikaze like maneuver: the Oregon wrestling team knows they’re going down and they are going to take down as many at the University as they can.
2. What is the Oregon wrestling team’s end game?
What do they want? On the one hand, the Oregon wrestling team’s ultimate goal is reinstatement. Nothing short of that. But on the Red Right Hand, their goal might be to inflict as damage as possible on their way out. And I don’t think that’s going to sit well with Duck fans.
What would it mean for the program if they were to be reinstated under these conditions? How would they be received on campus? Within the Athletic Department? Sure, the program would be back on campus. And some would applaud it as a strike against the out-of-control Casanova Center. But wouldn’t the program kind of be viewed as that kid you don’t like who’s at your birthday party because your mom told his mom it was OK from him to come?
3. What does “discovery” and “discoverable” mean in this case?
Through this lawsuit, the Oregon Wrestling team hopes to discover the University of Oregon’s administrative machinations behind the reasons for cutting wrestling - what were the real reasons for cutting wrestling. However, as they open up this process, they are also going to open themselves up to legal exposure, as well. And do they really want to do that? What I mean is, are there some aspects of the Oregon wrestling program that would be better left “undiscovered”? I certainly hope they’ve chewed on that for a bit. Because if Oregon wrestling believes the University of Oregon to be as unjust of an institution as they claim it to be, doesn’t Oregon wrestling have to know that the University (and their attorneys) are going to go after them with everything they’ve got?
4. Is there a possibility for a settlement?
I don’t believe there is in this case. The Oregon wrestling team wants the sport reinstated. What would there be to settle? What would that look like? Partial reinstatement?
Yes. What do I mean by that? Well, I don’t mean this as a settlement solution. But what would happen if the University of Oregon preemptively reinstates wrestling at a life-support level? Are there minimal levels for athletic programs? Is one scholarship good? Can you have a minimal budget? Limits on team numbers? Would one scholarship severely impact Title IX? What would that do to this case? Oregon would have reinstated wrestling. It might not be what the Oregon wrestling team wants, but it’s reinstated. Then, what are we talking about: challenging University of Oregon Athletic Department administrative decisions in court every time? Let’s say the Athletic Department decides to cut a men’s tennis scholarship and limit the number of walk-ons to the team. Do they take the department to court? I don’t think so.
5. Why file the suit in Marion County? Why not Lane County?
The answer to this question could be of a technical nature. Since the Oregon wrestling team is suing state employees, the suit might have to be filed in Salem. I don’t know. Or does the Oregon wrestling team consider Marion county to be more sympathetic to their case? If the answer to this question is not of a technical or procedural nature, then there has to be some advantage Oregon wrestling is trying to gain by filing this case in that court.
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6. Why Circuit Court Judge Albin W. Norblad?
Again, the selection of Judge Norblad could be of a procedural nature. He might have of simply been assigned this case. And, again, I don’t know. But I don’t think it works that way. So, there has to be some advantage to Oregon wrestling. According to his Wikipedia entry, he is known for controversial and unpopular decisions, in addition to being disciplined by the Oregon Commission on Judicial Fitness and Disability.
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7. What are the implications of an injunction for Oregon baseball?
In the past, supporters of Oregon wrestling have stated that this is not a “wrestling vs. baseball” issue. with this case, however, that’s exactly what it has become. What if Judge Norblad grants a temporary injunction against eliminating wrestling? On the surface, an injunction would simply mean that during the period of the injunction, the Oregon wrestling team would remain at the University of Oregon. During the period, I don’t think anything would happen with baseball. That train is rolling and gaining steam. However, what would a decision in favor of the Oregon wrestling team mean for the future of Oregon baseball? If Title IX compliance is a key legal argument in this case (I’m not saying it is), how could both baseball and wrestling remain on campus? They might not. And then you’re looking at a potential lawsuit from the baseball folks. Or…
8. What are the implications of an injunction for women’s sports at Oregon?
If somehow the Oregon wrestling team could pull this case out of their…well, you know…the big winner on campus could be women’s sports. Assuming wrestling and baseball were to remain at Oregon in a Title IX world, the Athletic Department would be put in the position of having to add another women’s sports.
[As a side note, I know opinion varies on the implications of Title IX. Oregon could be in compliance and not in compliance, all at the same time. However, once it gets in the courts, all of that is up for interpretation. And who knows what that means.]
9. What will be the public perception of the Oregon wrestling team now?
Not good, I’m afraid. The reality is that most Duck fans don’t care about wrestling. Duck fans mostly care about football and men’s basketball. Now, that doesn’t negate wrestling as a sport. It just means that in the court of public opinion, a majority of Duck fans are indifferent, like they are about many other sports on campus. And I think most wrestling supporters would acknowledge that. However, what that also means is that when the Oregon Wrestling team resorts to a lawsuit, it does not endear them in the hearts of Duck fans. And in this case, taking legal action will quickly move wrestling from a sport of indifference to derision, in the minds of Duck fans.
10. What’s the best solution for the Oregon wrestling team?
The best solution for the Oregon’s wrestling team is to drop this lawsuit and pursue the club sport route for a few years. As wrestling gets dropped from more and more colleges and universities, the club numbers continue to grow. It’s not the NCAA, but it’s on campus. And with the money Save Oregon Wrestling has raised, they could nicely fund a club sports team.
The U.S. Olympic Track & Field Trials are only a few weeks away. With those trials, we know when they will start, and when they will end. And we’ll also know that while only a few will make it on the team, there won’t be any losers at Hayward Field.
In this case, who knows how long it will go on. But one thing is for certain: no one, and I mean one, is going to emerge a winner in this case.
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