On Thursday December 3, 2015, the National Collegiate Athletic Association filed a motion in opposition to a proposed class certification in an Indiana federal court. Former Gardner-Webb University quarterback John Rock filed for certification earlier this year, and had requested the court to order the NCAA to produce documents to help certify the class and ascertain individual members. Rock originally filed suit against the NCAA in 2012, which was subsequently dismissed in 2013 without prejudice; currently, after amending his complaint, Rock is seeking class certification for all former Division-I football players who played in the Football Championship Subdivision after being recruited by schools in the Football Bowl Subdivision. The subdivisions have varying rules regarding scholarships, which are governed by the NCAA. These rules, Rock claims, are anti-competitive in nature and restrict student athletes playing for schools in the FCS, which is the lesser of the two Division-I subdivisions.
In its motion in opposition, the NCAA argues that Rock cannot certify any proposed class of former student athletes, because he cannot prove he was recruited by any FBS schools. Rock is seeking production of documents from Eastern Michigan University, Boise State University, and Ball State University as well, to gather evidence that the FBS schools were recruiting him. The NCAA is against this, telling the court that the discovery period in the action is over, and that if Rock wanted to obtain this information he had the opportunity to do so earlier.
Further, the NCAA alleges that Rock cannot be a representative of the class because he had lost his scholarship at Gardner-Webb only because he voluntarily withdrew from the school. By doing this, the college-sports body argues, Rock forfeited his scholarship eligibility and therefore has no standing to currently sue. Without standing, Rock cannot represent the proposed class. And without the ability to represent the class, the opposition motion claims, Rock is not entitled to his proposed injunctive relief which seeks to force the NCAA to halt enforcement of current scholarship rules and alter them to promote uniformity of financial aid eligibility to all student athletes playing Division-I football.