« Ind. Decisions - No transfer list for week ending September 2, 2005 | Main | Env. & Econ. Dev. - Several stories today on environment, land use, and economic development issues »

Friday, September 02, 2005

Ind. Decisions - More on "Suspended player seeks to re-enroll at Purdue" [Updated]

Updating this entry from last Tuesday, Aug. 30, the Indianapolis Star has just posted this report by Michael Pointer on its website:

Judge keeps Boiler on sideline

Uche Nwaneri’s attempts to play for the Purdue football team this season took a crippling hit today.

Tippecanoe County Superior Court judge Don Johnson declined to issue a preliminary injunction that would have allowed Nwaneri – who started all 12 games at left guard for the Boilermakers last season – to play while his suit against university officials proceeded.

Nwaneri filed the suit after he was suspended for the fall semester following a July altercation with former teammate Ryan Noblet, who has since transferred to the University of Arkansas. * * *

“It’s a huge disappointment for Uche," said Courtney A. Justice, Nwaneri’s attorney. Justice said he and Nwaneri were still discussing whether to continue with the suit, but he conceded it is unlikely Nwaneri will play for the Boilers this season. * * *

Johnson wrote that Nwaneri did not prove he had a reasonable chance at trial of proving his constitutional rights to due process were violated.

“It remains the role of the university to set policies and procedures for resolving these issues in an academic setting," Johnson wrote. “It is not for the court to substitute its own judgment for the judgment of university administration unless concerns rise to a constitutional level."

Nwaneri has enrolled at Ivy Tech Community College in Lafayette. Purdue coach Joe Tiller said earlier this week he will be allowed to return to the team and be placed back on scholarship when he returns to the university in January. Nwaneri will have one year of eligibility remaining.

“Obviously, our student-athlete has had full due process in this situation," Purdue spokeswoman Jeanne Norberg said. “The university hopes he will be returning to class next semester."

No criminal charges have been filed in the case. Tippecanoe Country prosecutor Jerry Bean said today he has asked the Purdue police to review additional information and hopes to make a decision next week.

[Update 9/3/05] Today's Lafayee Jounral & Courier reports, in a story headlined: "Judge backs Purdue: Football player sought injunction; suspension stands", that:
In a 17-page ruling Friday, Tippecanoe Superior Court 1 Judge Don Johnson denied an injunction request that would have allowed Uche Nwaneri to return to Purdue University and rejoin the football team. * * *

Johnson listened to 41/2 hours of testimony Tuesday on Nwaneri's motion for a preliminary injunction that would have lifted the suspension.

In his ruling, the judge concluded Nwaneri had failed to prove that denial of his motion for a preliminary injunction would cause him irreparable harm. * * *

[I]n his ruling, Johnson said the university "has followed its procedure in a fair manner." And while Nwaneri testified that he was acting in self-defense, Johnson wrote:

"It is sometimes very difficult for a young athlete to make the transition from the football field where one is trained to 'never back down from a confrontation' and yet be prepared to resolve differences off the field in a harmonious manner.

"However, it remains the role of the University to set policies and procedures for resolving these issues in an academic setting. It is not for the Court to substitute its own judgment for the judgment of University Administration unless concerns rise to a Constitutional level." * * *

There still remains the possibility that Tippecanoe County prosecutor Jerry Bean could file charges against Nwaneri. Bean had hoped to make that decision this week.

"I've asked the Purdue police to do a couple more things for me," Bean said Friday. "Once that's done we'll have a decision. I'm hopeful it will be maybe mid to late next week."

Posted by Marcia Oddi on September 2, 2005 03:54 PM
Posted to Ind. Trial Ct. Decisions