Colorado Seminary (University of Denver)
v.
National Collegiate Athletic Association

This action was brought by the University of Denver (“DU”) and several of its student-athletes to enjoin the National Collegiate Athletic Association (“NCAA”) from imposing sanctions against DU and declaring several of its hockey players ineligible. Colorado Seminary (Univ. of Denver) v. Nat’l Collegiate Athletic Ass’n, 570 F.2d 320, 321 (10th Cir. 1978), aff’d, Colorado Seminary (Univ. of Denver) v. Nat’l Collegiate Athletic Ass’n, 417 F.Supp. 885 (D.Co. 1976). Because DU refused to enforce the ineligibility of several of its hockey players despite the NCAA’s declaration of such, the DU hockey team was put on a two-year probation period, all DU athletic teams were unable to participate in post-season NCAA events and have its regular season games be televised, and the University was forced to forfeit its 1973 national title. 570 F.2d at 321. Plaintiffs claimed that the NCAA violated their due process and equal protection rights through its ineligibility declaration, however the trial court disagreed, denying Plaintiffs’ motion for summary judgment in favor of Defendant’s, albeit with some conditions. 417 F.Supp. at 893, 900. Plaintiffs appealed the denial, but the 10th Circuit affirmed the trial court’s decision and ultimately held that: the “students’ interest in participating in intercollegiate athletics did not rise to level of the constitutionally-protected property or liberty interest in invoking due process guarantees; and the Association did not unconstitutionally discriminate against the University by, among other things, placing it on probation.” 570 F.2d at 321.
Plaintiff Colorado Seminary owns and operates the University of Denver, which, at all relevant times, was a member of the NCAA. 417 F.Supp. at 889. A sole purpose of the NCAA, outlined in Article 2, Section 2