Cincy QB Mauk files lawsuit against NCAA

From NCAA College Football Information & Resource

August 20, 2008

QB Mauk throws a hail mary with his lawsuit against the NCAA.

Cincinnati quarterback Ben Mauk, who early this month had his final appeal for an extra year of eligibility denied, has filed a lawsuit against the NCAA.

As a result, Judge William D. Hart in Hardin County (Ohio) Common Pleas Court, has released a temporary restraining order which means that the NCAA cannot prevent Mauk "from practicing, participating and playing football for the University of Cincinnati." Hearing for a permanent injunction against the NCAA was set Friday.

Mauk said that he couldn't discuss the lawsuit, which states that "despite being a model student-athlete (and person) for the NCAA and despite having earned the NCAA significant revenues, the NCAA has wrongfully, arbitrarily and capriciously denied Mr. Mauk's request to participate in a fourth year of athletic competition for reasons completely beyond Mr. Mauk's control."

NCAA spokesman Erik Christianson said that they are looking forward to explain their reasons on the decision on Mauk's eligibility.

Bearcats coach Brian Kelly said that he will not allow Mauk to practice with the team despite of the TRO since if the NCAA prevails in court, the school will be forced to forfeit games and return bowl money.

"Ben Mauk, myself and everybody else here will not go down that road," Kelly said. "That's ludicrous to even think that we would put him on the field and put our football team in harm's way."

Kelly however added that if Mauk does win in court, he will be reinstated.

"I've never heard of it," Kelly said, "but if they beat the NCAA on something and he's cleared, sure, we'd bring him back under those circumstances. But I think you've got a better chance of me losing 20 pounds in the next three weeks. That ain't happening either."

Mauk, who previously saw action at Wake Forest, broke his arm and separated his shoulder in the Demon Deacons' season opener in 2006. He then transferred to UC last year to pilot the Bearcats to a No.17 ranking in the final poll. He appealed to the NCAA for an extra year of eligibility because of the injuries and followed it up with a second appeal which claimed that he redshirted his freshman year at Wake in part because of different injuries but both were turned down.

His last attempt was denied by the NCAA's reinstatement committee last week, stating that there wasn't enough medical documentation to support his claim. Mauk's lawyer Kevin Murphy, said that he found a case that is close to Mauk's in which the NCAA ruled in the student-athlete's favor.

"We have one that we know of," Murphy said. "And we're hoping that the NCAA will allow us to present it with information so that they can give the same type of due process to Ben that they have to others."

Mauk finished 2007 passing for 3,121 yards and 31 touchdowns.

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