SANDUSKY, Ohio
An Ohio judge says he will not delay a hearing on whether the NCAA is violating a ruling that allowed college baseball players to have legal advisers negotiate with big league clubs.
Erie County Judge Tygh Tone also has denied the NCAA's request that he remove himself from the case, which involves a lawsuit by an Oklahoma State pitcher who is one of the nation's best.
The NCAA ruled Andrew Oliver of Vermilion, Ohio, ineligible last spring for violating a rule that prohibits athletes' legal advisers from having direct contact with big league clubs. Baseball players- unlike those in football and basketball - can be drafted before they enter college, prompting many to retain lawyers who can help them with negotiations.
The NCAA said a lawyer Oliver had hired listened in on contract negotiations after he was drafted by Minnesota following his senior season at Vermilion High School.
The judge reinstated Oliver in February and struck down the rule. An NCAA rule that allows players to hire a lawyer but prohibits them from negotiating a contract is impossible to enforce and allows for the player to be exploited, Tone said in the ruling.
Oliver says the association is not complying with that decision because it sent a memo telling players to honor the legal adviser rule during the draft.
Tome has questioned the NCAA's compliance and ordered the organization to explain itself at a contempt of court hearing set for Wednesday. The NCAA, which says it has not violated the judge's order, sought to delay the hearing.
In rejecting that request, the judge wrote that the memo sent to players May 11 was "the final straw."
A trial in October is expected over the damages Oliver is seeking.
As of May 17, the left-hander was 5-6 with a 5.58 ERA with the Cowboys this season. He went 7-2 with a 2.20 ERA for the Cowboys last season before being ruled ineligible.
Oliver is projected to be a first-round pick in this year's amateur draft.
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