Brock Hoffman's Denied Waiver Request Shows How NCAA Transfer Restrictions Fail College Athletes

In February, 6’3”, 310-pound offensive lineman Brock Hoffman agreed to transfer to and play football for Virginia Tech. He followed proper NCAA procedures and filed a waiver request to play football at Virginia Tech this upcoming season because, according to the current NCAA rules, a college athlete who transfers from a four-year college to an NCAA institution must complete one academic year of residence unless they qualify for a transfer exception or are granted a waiver from the rule. So, he sought immediate eligibility under NCAA Bylaw 14.7’s “Residency Requirement" relief, reportedly stating that he is transferring to be closer to his mom since she had a brain tumor removed and still suffers lingering effects from the surgery (“facial paralysis, hear (sic) loss and eye sight issues”).

The NCAA denied Hoffman’s waiver request.

Let’s talk a bit about (a) the requirements for this type of transfer waiver, (b) whether Hoffman’s case satisfies those requirements and whether the facts could be used in a different way for a stronger argument in his favor, and (c) how this is likely to go down on appeal and why.

Jaime, NCAA, AntitrustJaime MiettinenApril 24, 2019NCAA, College Football, transfer, waiver, Brock Hoffman, Virginia Tech, immediate eligibility, antitrustComment

Can an Event Host Cancel a Marathon Without Refunding Registration Fees?

I am officially at the end of the final stretch of marathon prep (translation: the "stay loose and rest" part!) because the Detroit Free Press/Chemical Bank Marathon is only a few days away! As it stands currently, the weather for the race looks like "blah" October weather consisting of a sunrise 45 minutes into the race, mostly clouds in the morning, a 60% chance of rain that hopefully stays in the afternoon, 80% humidity, warm, and windy. That being said, this lawsuit is right within the marathon theme, and I figured it was worth discussing.

This year would have been the seventh annual Vancouver USA Marathon from September 15-17 had it not been cancelled a month beforehand. Energy Events, the marathon event's host, claimed it decided to cancel the event, which was supposed to include a full marathon, a half marathon, a 5K, a kids' race, a bike ride, and a beer festival, after "careful consideration for several weeks and reviewing the finances." Typically, the Vancouver USA Marathon has approximately 3,000 registered runners, but at the time of cancellation, only about 65% of that had registered.

Jaime, Municipal, Civil, ContractsJaime MiettinenOctober 11, 2017Miettinen Law PLLCVancouver USA Marathon, marathon, waiver, Detroit Free Press/Chemical Bank Marathon, Boston Marathon, Boulder Marathon, Portland, Corey Bradley, Energy Events, unfair trade practices, consumer protectionComment