That's a breach of contract case

Posted on: February 2, 2019 at 10:27:52 CT

What prohibits "selective enforcement" and "unequal disciplinary action"?

The "due process" and "equal protection" clauses are applicable to laws and their enforcement by government action. The NCAA by-laws aren't laws and the NCAA is not a governmental entity.

Mizzou (and every other NCAA member) have entered into a contract with each other to form the NCAA, to be members, to agree to rules to govern intercollegiate athletics, etc.

Any obligation for the NCAA to not engage in selective enforcement and not take unequal disciplinary action arises from the "contract" between the NCAA and its members. So it's a breach of contract case.

The NCAA has an established classification system for violations of its by-laws, that system has set ranges of penalties for each class. The penalty issued against Mizzou falls within the specified range for Class I violations. Essentially, the NCAA can argue that Mizzou "agreed" to a range of punishments for Class 1 violations, it committed a Class 1 violation and it essentially agreed the NCAA could impose the punishment it did if Mizzou committed a Class 1 violation.