Ole Miss to face NCAA in rules violations case on September 11

by Steven Clarke August 13, 2017, 0:09
Ole Miss to face NCAA in rules violations case on September 11

"It is, therefore, ordered and adjudged that the motion to dismiss is granted, and this case is dismissed without prejudice", Biggers wrote.

In the one-page filing, Biggers wrote: "Defendants argue that jurisdiction is lacking because both the University of MS and the Board of Trustees for Institutions of Higher Learning are arms of the state of MS and, consequently, are not "citizens" of any state for purposes of diversity jurisdiction".

Nutt tried to obtain an apology from Ole Miss, but when he did not get one, he made a decision to sue.

Nutt, who coached the Rebels from 2008 to 2011, initially filed the lawsuit July 12 claiming former Ole Miss head coach Hugh Freeze and the school defamed him and violated his severance agreement by trying to make it look like a slew of NCAA rules violations that occurred during Freeze's tenure came while he was head coach. In addition, the NCAA's response said Ole Miss didn't meet the standards required for exemplary cooperation.

Ole Miss was committed on its position that it did not owe Nutt an apology.

Nutt's attorney, Thomas Mars of Little Rock, Ark., told ESPN on Wednesday that he planned to refile the lawsuit in state court.

Mars also said he hoped the school's lawyers would "give some more thought to our settlement proposal" before refiling in state court.

This week the NCAA has set the date for the Ole Miss hearing in front of the Committee on Infractions and released its Enforcement Staff's response to all of the alleged violations in the athletic program.

The hearing could take two to three days because both sides have to navigate the 21 charges against Ole Miss, including 15 Level I violations (the most serious level).

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The revelation of that call led to an Ole Miss internal investigation that resulted in Freeze's resignation July 20 after five seasons.

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