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A former Weber State football player has challenged the NCAA's transfer and scholarship rules in an antirust lawsuit filed Thursday in Indianapolis.
Lawyers representing former Wildcat cornerback Devin Pugh filed the lawsuit, alleging that the current transfer guidelines set by the NCAA forcing Division I athletes to sit out a year before being eligible at a new school are "unlawful."
According to the lawsuit, Pugh, who came to Ogden out of Jenks, Okla., was a star defensive back who helped his high school program to two state championships. Despite receiving several "preferred walk-on" opportunities at schools such as the University of Florida, Southern California, Tulsa, Oklahoma and Oklahoma State, Pugh chose Weber State and former coach Ron McBride. He redshirted in 2010 and played as a redshir freshman in 2011.
McBride retired after the 2011 season. Pugh played for new Wildcats coach Jody Sears in 2012, appearing in eight games, but was told by Sears after the season that he would not be renewing his scholarship. Sears told Pugh that he could transfer to another school immediately, according to the suit.
After the season, Pugh pieced together a highlight tape and received interest from Colorado, Colorado State and Troy University. Due to NCAA transfer rules, however, a transfer would require Pugh to sit out a full season. The offers from Colorado, Colorado State and Troy were dependent on his ability to play two more years, which Pugh would not be able to do after being denied a hardship waiver to play immediately.
Pugh transferred to a Division II program, Colorado State-Pueblo, where his scholarship allotment was "substantially less" than what he was receiving while at Weber State. As a result, Pugh was forced to borrow double the amount of money he had to borrow while at Weber State merely to cover his expenses, the lawsuit states.
The scholarship at CSU-Pueblo covered only tuition, which forced Pugh to double his amount of loans from an estimated $3,000 a year in Ogden to $6,000 a year, according to the suit. While Pugh earned a starting spot at CSU-Pueblo, a leg injury forced him to miss half of his junior year. Stressed about his history of injury, Pugh left school for a full-time job.
"The NCAA's limitation on the mobility of college athletes is patently unlawful," the lawsuit states. "For a striking contrast, one can simply examine the unfettered mobility of the players' coaches.
"Football coaches, including assistant coaches, are free to leave a school at any time they choose to take another job in the college of professional football ranks. This ability to better their own situation has allowed coaches to reap enormous financial benefits."
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