Former University of Southern California (“USC”) assistant football coach Todd McNair has filed suit against the NCAA relating to the Committee on Infractions’ and Infractions Appeals Committee’s decisions relating to him and the investigation undertaken by the NCAA relating to Reggie Bush’s relationship with Lloyd Lake.  On June 3, 2011, Coach McNair filed suit in Superior Court in Los Angeles County requesting unspecified damages based on causes of action for libel, slander, tortuous interference with prospective economic advantage, tortuous interference with contractual relations, breach of contract, negligence, and declaratory relief.

Coach McNair’s primary complaints relate to the way the investigation was handled.  In his compliant, Coach McNair alleges the NCAA “selectively [chose] witnesses and provided suggestive questions to unfairly, improperly, and wrongfully implicate [Coach McNair]” and he was never provided an opportunity to cross-examine or question witnesses adverse to him.  Additionally, Coach McNair claims the NCAA acted arbitrarily and capriciously in finding that he violated NCAA unethical conduct bylaws by failing to provide any evidence to show Coach McNair had knowledge of improper benefits given to Reggie Bush.  As such, Coach McNair claims the NCAA “decided to ruin Plaintiff Todd McNair’s career to further their own agenda.”

Coach McNair’s indicates in his complaint that 1) comments made by NCAA officials in the media and statements made in published reports were false; 2) the investigation and findings damaged his ability to obtain future employment as a college football coach; 3) USC would not renew his contract because of the unethical conduct charge that was based on false information and a lack of evidence; and 4) the NCAA conducted the investigation in an arbitrary and capricious manner.  As a result of the foregoing, Coach McNair requests that the court declare NCAA rules and regulations as written and applied to Coach McNair be stricken as arbitrary, capricious, and in violation of all notions of fairness and good faith.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.