By guest columnist Paul Spillman
College football is having the off-season from hell. Not only has NIL, revenue sharing, and an endless transfer portal caused everyone from the casual fan to the occupant of the White House to demand change but recently a “visiting judge” in Lubbock, Texas has managed to do what no person, group, or legislation has until now – unite every interested party in college athletics. Visiting Judge Ken Curry ruled earlier this week Texas Tech quarterback Brendan Sorsby is eligible to play this season with only a two-game suspension after having been suspended and ruled ineligible by the NCAA for gambling on college football and on his own team.
Briefly, Sorsby began his college career at Indiana but transferred after one year to Cincinnati. He started at quarterback for Cincinnati for two years before transferring this past winter to Texas Tech. LSU also pursued Sorsby. In late April Sorsby checked himself into rehab and admitted to placing over $90,000 in bets on college football including 40 times on his own team and using various means to avoid detection. Shortly after the NCAA ruled Sorsby ineligible. But Sorsby, with the support of Texas Tech, filed suit. District Judge Phillip Hayes recused himself without comment but Hayes did his undergraduate work at Texas Tech and attended law school there. Curry was assigned the case by the 19th Judicial Region presiding judge.
Since the infamous Black Sox Scandal throwing the 1919 World Series and the resulting ruling by the newly appointed commissioner of baseball Kenesaw Mountain Landis issuing lifetime bans to players for gambling the one sacrosanct rule in sports is you do not bet on your own team. Literally no one has questioned the wisdom of that rule. Maintaining the integrity of the competition would be impossible without it.
Yet Judge Curry has found that Sorsby would suffer “irreparable harm” if ruled ineligible citing “breach of contract,” a lack of institutional support for his gambling addiction, and the necessity to play in order to make an informed decision about the NFL draft. The last is dubious at best as it is questionable whether any NFL team would sign Sorsby, much less draft him. It’s also questionable whether there has been any lack of institutional support as Sorsby went to some effort to conceal his actions.
To be fair the NCAA is not at fault in this. It is correct in ruling Sorsby ineligible. Any competition he is involved in would be suspect. Even if his team wins the contest there are a number of ways money can be made on a football game and the skepticism would be too great to overcome.
The Big 12 conference, of which Texas Tech is a member, is considering its options. Other schools, such as Nebraska, have already instructed their Athletic Directors to not schedule Texas Tech in any sport. Almost everyone with an interest in college sports is dumbfounded with this decision and opposes it. Also, this ruling has lit a fire to pass the Protect College Sports Act which would probably do nothing as far as this issue is concerned. The legislation would grant the NCAA a limited antitrust exemption, but only to rule on matters covered by the legislation. As it is currently written there is no language on gambling in the bill and student athletes would still be allowed to sue for eligibility. As previously stated Congress is a solution, but not the best solution.
The NCAA has asked for an “accelerated appeal” and a ruling from the Court of Appeals for the Seventh District of Texas is expected soon. All four justices on the appeals court who will hear the case have law degrees from Texas Tech.
Stay tuned. We’re still 80 days from kickoff.



