STATE OF OKL OHARA CLEVELAND ci Minne FILED IN THE DISTRICT COURT OF CLEVELAND CQB¥E¥ 17 STATE OF OKLAHOMA In the office of the AMANI ELUAH BLEDSOE, } ‘Court Clerk MARILYN WILLIAMS Plaintiff, ) ) vs. ) Case No. Qu BO- Wed - ¥ ) NATIONAL COLLEGIATE ATHLETIC ) ASSOCIATION, ) ) Defendant, ) PETITION Plaintiff, Amani Elijah Bledsoe (“Bledsoe”), for his causes of action against Defendant National Collegiate Athletic Association (“NCAA”) alleges and states as follows: Parties, Ju n, and Venue 1. At all times relevant and material hereto, Bledsoe resided in Cleveland County in the State of Oklahoma and is a student-athlete on a football scholarship enrolled at the University of Oklahoma (“OU”), which is located in Cleveland County in the State of Oklahoma. 2. Atall times relevant and material hereto, the NCAA was an unincorporated business association having its principal place of business in Marion County, Indiana, 3. Atall times relevant and material hereto, the NCAA is, and has been compromised of member institutions including OU and other institutions located in the State of Oklahoma.4. At all times relevant and material hereto, the NCAA has had and currently has contractual relationships and agreements with OU. These agreements and contracts include the NCAA’s Constitution and Bylaws. 5. Atall times relevant and material hereto, the actions complained of in this lawsuit involve the agreements and contracts between OU and the NCAA and between and among the bodies of the NCAA. In addition, many of the actions complained of in this lawsuit occurred in Cleveland County, State of Oklahoma. 6. Asaresult of the above-alleged facts, jurisdiction and venue are proper in this Court. Fact Allegations 7. Bledsoe attended Lawrence High School in Lawrence, Kansas from the fall of 2012 until his graduation in the spring of 2016. 8. While at Lawrence High School, Bledsoe was a member of the football and track and field teams. Bledsoe competed as a defensive and offensive lineman for the Lawrence High School football team. 9. Atall times during his high school career, Bledsoe obeyed and complied with school and team rules and enjoyed an outstanding reputation for good citizenship and work- ethic as a student-athlete. 10. Bledsoe was a highly-recruited football player during his junior and senior seasons while at Lawrence High School. Bledsoe was ranked as a 4-star (out of five) recruit by several reputable college football recruiting services such as Scout.com, Rivals.com, 247sports.com, and ESPN.11. Bledsoe was offered full-ride football scholarships by many major college football programs, including but not limited to The University of Arkansas, Baylor University, Florida State University, The University of Iowa, Iowa State University, ‘The University of Kansas, Kansas State University, The University of Miami (FL), The University of Michigan, Michigan State University, The University of Minnesota, The University of Mississippi, Mississippi State University, The University of Missouri, The University of Nebraska, The University of Notre Dame, ‘The University of North Carolina, North Carolina State University, The Ohio State University, The University of Oklahoma, Oklahoma State University, The University of Oregon, Pennsylvania State University, Texas Christian University, Texas Tech University, The University of California, Los Angeles (UCLA), The University of Southem California (USC), and The University of Wisconsin. 12.On or around January 21, 2016, Bledsoe committed to play football at OU on a full- ride scholarship. 13.On or around February 3, 2016, Bledsoe signed a National Letter of Intent to play football at OU on a full-ride scholarship. 14. Bledsoe graduated from Lawrence High School in May 2016. 15.In the summer of 2016, Bledsoe enrolled at OU and began participating in summer workouts with the OU football team. 16. Bledsoe moved from Lawrence, Kansas to the OU campus with the assistance of his mother, Elaine Cannefax. Bledsoe did not have his own car for transportation.17.In August 2016, following orientation at OU, Bledsoe was diagnosed with attention- deficit hyperactivity disorder (“ADHD”) by a medical professional. 18. Since his freshman or sophomore year of high school, Bledsoe regularly purchased and consumed standard whey protein powder to use as a protein supplement. 19. Whey protein supplements are commonly used by strength athletes such as football players to build muscle and recover from strenuous athletic activity. 20.In August and September of 2016, Bledsoe was participating in the OU football team’s practices, conditioning workouts, meetings, and games ~ all while being enrolled as a full-time student at OU. 21. Throughout the OU football team’s August and September 2016 practices, Bledsoe quickly impressed several members of the OU coaching staff. As a result, Bledsoe saw immediate playing time as a true freshman in OU’s 2016 games against The University of Houston, The University of Louisiana at Monroe, The Ohio State University, Texas Christian University, The University of Texas, Kansas State University, and Texas Tech University. 22..n September 2016, Bledsoe ran out of his own whey protein powder. Given that Bledsoe was in the middle of the OU football season and without a car, he asked an OU football teammate where he could buy more protein powder near the OU campus. 23,Bledsoe’s teammate said that he had an unopened container of “Inner Armour Sports Nutrition: Anabolic Peak” (“Inner Armour”) in his dorm room at OU that Bledsoe could use until Bledsoe bought a new protein supplement. 424.Inner Armour is a whey protein powder supplement that comes in a variety of flavors and is made to be mixed with water or milk for consumption. 25, Bledsoe accepted the container of Inner Armour from his teammate and took one very large serving of powder mixed with water. This was the only occasion where Bledsoe used this particular container of Inner Armour protein provided by his teammate. 26. Shortly after using his teammate’s Inner Armour protein, Bledsoe purchased his own protein powder. Bledsoe purchased a supplement known as “Optimum Nutrition: Gold Standard 100% Whey Protein” (Double Rich Chocolate flavor) CON”). 27.On or around October 5, 2016, Bledsoe, along with several other OU student- athletes, submitted to random drug testing administered and analyzed by the NCAA. and Drug Free Sport, Inc. (“DFS”) in the OU athletic facilities! Pursuant to standard procedure, representatives of the NCAA and/or DFS collected two (2) urine samples (an “A” sample and a “B” sample) from Bledsoe. 28.On or around October 19, 2016, Mark Bockelman (“Bockelman”), Vice President of NCAA Drug Testing, notified OU Athletic Director Joe Castiglione (“Castiglione”) that Bledsoe’s “A” sample contained a selective estrogen receptor modulator (SERM) called clomiphene. 29. Clomiphene was and is a banned substance by the NCAA. + At the time of Bledsoe’s drug test and eventual appeal tothe NCAA, DFS was operating as a corporation incorporated under the laws ofthe State of Kansas. Currently, DFS is now a limited liability company formed under the laws ofthe State of Delaware. 530.Bockelman further notified Castiglione that Bledsoe had three options: (1) To be present at the NCAA’s drug testing lab to view the “B” specimen; (2) to assign a delegate to view the “B” specimen at the lab; or (3) to approve a surrogate from the lab to view the “B” specimen. 31.Clomiphene, commonly marketed as Serophene or Clomid, is traditionally used by women to treat infertility caused by ovulation complications. When taken by a woman, clomiphene stimulates ovulation by blocking estrogen receptors at the hypothalamus. 32.In recent years, some male athletes have attempted to use clomiphene as a performance-enhancing drug due to its estrogen-blocking qualities. 33. Clomiphene has an unusually long half-life of five (5) to seven (7) days. The half- life of a drug is how long it takes for half of the drug’s original dose to be eliminated from the bloodstream. 34. Ina 1986 clinical study on clomiphene, researchers” from The University of Kansas, The University of Kentucky, and the University of Kansas Medical Center concluded that one (1) standard 50 mg dose of clomiphene could be detected in a patient's plasma for up to one (1) month. 35. Since the 1986 study on clomiphene, most instrumentation used in blood and urine testing has greatly improved in terms of sensitivity and the ability to detect foreign substances in the human body. 2 Thomas J. Mikkelson Ph.D., Patricia D. Kroboth Ph.D, William J. Cameron M.D., Lewis W. Dittert Ph.D., Vinod Chungi M.S., Paul J. Manberg Ph.D. 636. Shortly after October 19, 2016, Bledsoe was notified by OU officials that he had tested positive for an NCAA-banned substance. Bledsoe was shocked at hearing this news and was confused as to how he tested positive for a banned substance. 37.The NCAA Bylaws and drug testing policies are administered on a strict liability basis without any type of knowledge, intent, or mens rea component. 38. Bledsoe never intended to take an NCAA-banned substance, nor did he have any reason to question that the unopened Inner Armour protein was tainted. 39. Pursuant to NCAA policy, Bledsoe approved a surrogate of the NCAA drug-testing lab to view the “B” specimen as it was tested. 40.On October 28, 2016, Bockelman notified Ajit Iyer (“Iyer”), a Compliance Coordinator of the OU Athletic Department, that Bledsoe’s “B” specimen tested positive for clomiphene. Bockelman also notified Iyer that OU had until October 31, 2016 to notify the NCAA of an intent to appeal the NCAA’s findings. Iyer and OU timely notified the NCAA of an intent to appeal. 41. After being informed of the NCAA’s drug test results, Bledsoe gathered the ON protein powder and multi-vitamins he had recently used and took them to Scott Anderson (“Anderson”), the Head Athletic Trainer for the OU Athletic Department for Anderson to evaluate, Bledsoe also took the Inner Armour protein that his teammate had recently given to Bledsoe for Anderson to evaluate. 42. Anderson observed the labels of ON, Inner Armour, and Bledsoe’s multi-vitamins. Anderson concluded that all of the supplements were free and clear of any NCAA- banned substances by the terms of their labels. a43.On November 1, 2016, Bledsoe and OU submitted the ON powder, the borrowed Inner Armour powder, and Bledsoe’s multi-vitamins to the Aegis Sciences Corporation (“Aegis”) in Nashville, Tennessee for independent testing of clomiphene. 44.0n November 23, 2016, Aegis reported that the Inner Armour powder was contaminated with clomiphene at approximately 81 parts per million (ppm). Aegis also reported that the ON powder and Bledsoe’s multi-vitamins did not contain clomiphene. 45. After detecting clomiphene in the Inner Armour provided by Bledsoe and OU, Aegis purchased a brand-new sealed container of identical Inner Armour and tested it. ‘Aegis reported that the newly-purchased Inner Armour protein tested negative for clomiphene. 46.Bledsoe and OU then appealed the NCAA’s decision. On November 28, 2016, Bledsoe and OU submitted a written appeal to Bockelman, which also contained a statement from Bledsoe, OU’s banned substances policy, and the Aegis laboratory reports. 47.On December 1, 2016, the drug test appeal panel of the NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (“the Committee”) heard Bledsoe and OU’s appeal via telephone conference. Several representatives of OU participated alongside Bledsoe in the telephonic hearing. The Committee heard Bledsoe and OU’s evidence and voted to deny the appeal.48.On December 5, 2016, Mary Wilfert (“Wilfert”), Associate Director of the Sports Science Institute of the NCAA, notified Castiglione that the NCAA denied Bledsoe’s appeal. Wilfert further noted that OU was required to declare Bledsoe ineligible for one (1) calendar year beginning from 12:01 AM on October 5, 2016. FIRST CAUSE OF ACTION SUBSTANTIVE DUE PROCESS VIOLATION 49. Bledsoe incorporates ff 1-48 as though fully stated herein. 50. Article II, Section 7 of the Oklahoma Constitution guarantees that “[n]Jo person shall be deprived of life, liberty, or property without due process of law.” 51. Article II, Section 7 of the Oklahoma Constitution protects substantive rights by barring certain actions regardless of the fairness of the procedures used to implement them. 52. Article II, Section 7 of the Oklahoma Constitution authorizes a litigant to bring a private cause of action to enforce its guarantees. See State ex rel, Bd, of Regents of Univ. of Oklahoma v. Lucas, 2013 OK 14, 297 P.3d 378. 53.Bledsoe had and continues to have a substantive due process property interest secured by Article II, Section 7 of the Oklahoma Constitution to, inter alia, participate as a member of the OU football team; develop as an OU scholarship student-athlete both athletically and academically; and invest his time, resources, and efforts into building a foundation and developing his skills to earn a living as a professional football player in the National Football League (“NFL”) and/or as a football coach.54. Bledsoe had and continues to have a substantive due process liberty interest secured by Article II, Section 7 of the Oklahoma Constitution to, inter alia, participate as a member of the OU football team; develop as an OU scholarship athlete both athletically and academically; and invest his time, resources, and efforts into building a foundation and developing his skills to eam a living as a professional football player in the National Football League (“NFL”) and/or as a football coach. 58.The substantive property and liberty rights conferred to Bledsoe by Article I, Section 7 of the Oklahoma Constitution were infringed upon when the NCAA arbitrarily and capriciously enforced the NCAA Bylaws and policies on drug testing and denied Bledsoe’s appeal. 56. The NCAA’s actions were arbitrary, capricious, and unlawful because the NCAA Bylaws and policies on drug testing administer damaging, life-changing, quasi- criminal punishments to student-athletes on a strict liability basis without any type of knowledge, intent, or mens rea component. 57.The NCAA administered damaging, life-changing, stigmatizing, quasi-criminal punishments to Bledsoe on a strict liability basis, despite the fact that Bledsoe consumed the tainted Inner Armour protein on only one (1) occasion without any intent or knowledge of the tainted state of the protein. 58, The considerations of policy and justice posed by Bledsoe’s case are sufficiently compelling, necessitating judicial scrutiny and relief.59.The necessity of this Court’s action is apparent because while the NCAA is a voluntary association, it is so dominant in its field that membership in a practical sense is not voluntary but economically necessary for Bledsoe and OU. 60.For purposes of applying Article II, Section 7 of the Oklahoma Constitution, the NCAA’s conduct constitutes “state action” because of the “persuasive entwinement of public institutions and public officials in its composition and workings.” Brentwood Acad. v. Tenn, Secondary Sch, Athletic Ass’n, 531 U.S. 288, 298-99 (2001). 61.A strong majority of NCAA Division 1 institutions are public institutions. 62.0f the NCAA Division | institutions that participate in the “Power 5” conferences for collegiate football (the Big 12, Big 10, PAC 12, ACC, and SEC), over 80 percent are public institutions. 63. Many, if not most NCAA Division | athletic events are held on governmental-land and in publically-owned stadiums and gymnasiums and conducted with the cooperation and assistance of governmental and public school officials. 64. The NCAA’s legislative structure is comprised of various cabinets and committees. Many, if not most of these cabinets and committees consist of representatives from participating public institutions. The representatives of the NCAA and its member institutions routinely operate as willful participants in joint activity with the State or its agents. 65.As a direct and proximate result of the NCAA’s conduct, Bledsoe sustained damages to his good name and reputation that will also have an adverse effect on rthis ability to play professional football and/or pursue a career as a coach or other professional. 66. At all times pertinent herein, Bledsoe performed all of his obligations as a student- athlete at OU in good faith and has at all times dealt fairly with the NCAA and DFS throughout the drug testing and appellate procedures. 67.Bledsoe has fully exhausted his administrative remedies pursuant to the NCAA Constitution and Bylaws by timely appealing the NCAA’s one (1) year suspension in writing and by participating in a telephonic hearing with NCAA officials. 68. Bledsoe has no adequate, plain, and speedy legal remedy in that, inter alia: a. Bledsoe forever lost the specific and unique opportunities to play in the remainder of the highly successful 2016 OU football season, which included ‘games against The University of Kansas (a FOX prime-time game televised nationally to approximately 636,000 viewers), Iowa State University (an ESPN prime-time game televised nationally to approximately 1.399 million viewers), Baylor University (an ABC game televised regionally to a large portion of 3.751 million viewers), West Virginia University (an ABC prime- time game televised nationally to approximately 3.825 million viewers), Oklahoma State University in the de facto Big 12 championship game (televised nationally on FOX to approximately 4.817 million viewers), and Aubum University in the AllState Sugar Bowl (an ESPN prime-time gametelevised nationally to over 9.5 million viewers).? These games presented the once-in-a-lifetime opportunity for Bledsoe to develop as a collegiate football player and showcase his talents to a national audience, which included, but was not limited to professional sports agents, marketing agents, NFL draft analysts, college football analysts, and college/NFL football fans. . Bledsoe will forever lose the specific and unique opportunities to play in the first four (4) games of the 2017 OU football season against The University of Texas at El Paso (UTEP), The Ohio State University, Tulane University, and Baylor University. Much like OU’s 2016 games, these games will gamer the viewership of millions of viewers and will present the once-in-a-lifetime opportunity for Bledsoe to develop as a collegiate football player and showcase his talents to a national audience, which will include, but will not be limited to professional sports agents, marketing agents, NFL draft analysts, college football analysts, and college/NFL football fans. . Pursuant to NCAA policies, a student-athlete such as Bledsoe generally has only four (4) years of athletic eligibility to compete as a collegiate football player. As a result of the four (4) year eligibility rule, Bledsoe has a limited opportunity and time window to develop his skills and showcase his ability 2 Viewership figures were compiled from Sports Media Wetch, a television viewership database that aggregates sports ‘viewership statistics from numerous sources (including but not limited to ESPN, Fox Sports, CBS Sports, ShowBuzz Daily, Sports TV Ratings, Austin/Karp Sports Business Daily, and Programming Insider) These figures include only viewers through traditional cable, and not streaming devices. 13to compete as a varsity football player and to establish his reputation as an athlete who conducts himself within the rules of the OU and the NCAA. 4d. The one (1) year suspension has forever impugned Bledsoe’s good name and reputation as a student-athlete. The suspension will have a deterring effect on Bledsoe’s potential NFL draft status by NFL teams that value character as a critical draft attribute. e. Given the extent and nature of Bledsoe’s damages, it would be impossible to determine the precise amount of damage that Bledsoe suffered and will suffer if the NCAA’s conduct is not restrained, and Bledsoe will be deprived of rights and privileges that cannot be compensated in monetary damages. WHEREFORE, Plaintiff Amani Bledsoe prays for judgment as follows: (1) Reinstatement of one (1) full year of lost eligibility to be used as a student-athlete at OU; (2) For his costs; (3) For a reasonable attorney's fee; and (4) For such other and further relief that is just, equitable, and proper, whether it is specifically requested herein or at a later date. SECOND CAUSE OF ACTION PROCEDURAL DUE PROCESS VIOLATION 69. Bledsoe incorporates ff 1-48 as though fully stated herein. 70. Article Il, Section 7 of the Oklahoma Constitution guarantees that “[n]o person shall be deprived of life, liberty, or property without due process of law.” 1471 Article Il, Section 7 of the Oklahoma Constitution protects substantive rights by barring the arbitrary, capricious, and otherwise unlawful administration of policies and/or laws. 72. Article VII, Section 7 of the Oklahoma Constitution furthermore requires that deprivations of constitutionally protected property or liberty interests must be accomplished by an impartial and disinterested tribunal in an adjudicative process where the procedures employed are appropriate for the constitutional interest at stake, Bowen v, State ex rel. Oklahoma Real Estate Appraiser Bd,, 2011 OK 68, 4 12, 270 P.3d 133, 136-37. 73. Article II, Section 7 of the Oklahoma Constitution authorizes a litigant to bring a private cause of action to enforce its guarantees. See generally State ex rel. Bd. of Regents of Univ. of Oklahoma v. Lucas, 2013 OK 14, 297 P.3d 378. 74.Bledsoe had and continues to have procedural due process interests secured by Article II, Section 7 of the Oklahoma Constitution to, inter alia, participate as a member of the OU football team; develop as an OU scholarship athlete both athletically and academically; and invest his time, resources, and efforts into building a foundation and developing his skills to earn a living as a professional football player in the National Football League (“NFL”) and/or as a football coach, all while being free from the arbitrary, capricious, and/or otherwise unlawful enforcement of policies and laws. 75. The procedural due process rights conferred to Bledsoe by Article Il, Section VII of the Oklahoma Constitution were infringed upon when, inter alia: 15a, The NCAA arbitrarily, capriciously, and unlawfully enforced the NCAA Bylaws and denied Bledsoe’s appeal. b. The NCAA, through its Bylaws and drug testing policies, administered damaging, life-changing, quasi-criminal punishments to Bledsoe on a strict liability basis without any type of knowledge, intent, or mens rea component. Given that the NCAA Bylaws and policies on drug testing contain no knowledge component, Bledsoe was precluded from fully and fairly presenting his complete case to the NCAA, both in his written submissions and appeal hearing. The NCAA’s unconstitutional Bylaws and drug testing policies resulted in a prejudiced and predetermined outcome for Bledsoe’s hearing and appeal. c. Given the serious nature of Bledsoe’s constitutional rights that were at stake, the NCAA did not employ an appropriate level of procedural safeguards. The addition and/or substituting of other procedural safeguards would have prevented Bledsoe from being erroneously deprived of his constitutional rights. Additional procedural safeguards for Bledsoe would not have placed undue administrative or fiscal burdens onto the NCAA. 76. The considerations of policy and justice posed by Bledsoe’s case are sufficiently compelling, necessitating judicial scrutiny and relief. 71.The necessity of this Court’s action is apparent because while the NCAA is a voluntary association, it is so dominant in its field that membership in a practical sense is not voluntary but economically necessary for Bledsoe and OU. 1678. For purposes of applying Article II, Section 7 of the Oklahoma Constitution, the NCAA's conduct constitutes “state action” because of the “persuasive entwinement of public institutions and public officials in its composition and workings.” Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass’n, 531 U.S. 288, 298-99 (2001). 79. A strong majority of NCAA Division I institutions are public institutions. 80. Of the NCAA Division | institutions that participate in the “Power 5” conferences for collegiate football (the Big 12, Big 10, PAC 12, ACC, and SEC), over 80 percent are public institutions. 81.Many, if not most NCAA Division I athletic events are held on governmental land and in publically-owned stadiums and gymnasiums and conducted with the cooperation and assistance of governmental and public school officials. 82. The NCAA’ legislative structure is comprised of various cabinets and committees. Many, if not most of these cabinets and committees consist of representatives from participating public institutions. The representatives of the NCAA and its member institutions routinely operate as willful participants in joint activity with the State or its agents. 83.As a direct and proximate result of the NCAA’s conduct, Bledsoe sustained damages to his good name and reputation that will also have an adverse effect on his ability to play professional football and/or pursue a career as a coach or other professional.84, At all times pertinent herein, Bledsoe performed all of his obligations as a student- athlete at OU in good faith and has at all times dealt fairly with the NCAA throughout its drug testing and appellate procedures. 85.Bledsoe has fully exhausted his administrative remedies pursuant to the NCAA Bylaws by timely appealing the NCAA’s one (1) year suspension in writing and by participating in a telephonic hearing with NCAA officials. 86. Bledsoe has no adequate, plain, and speedy legal remedy in that, inter alia: a. Bledsoe forever lost the specific and unique opportunities to play in the remainder of the highly successful 2016 OU football season, which included games against The University of Kansas (a FOX prime-time game televised nationally to approximately 636,000 viewers), Iowa State University (an ESPN prime-time game televised nationally to approximately 1.399 million viewers), Baylor University (an ABC game televised regionally to a large portion of 3.751 million viewers), West Virginia University (an ABC prime- time game televised nationally to approximately 3.825 million viewers), Oklahoma State University in the de facto Big 12 championship game (televised nationally on FOX to approximately 4.817 million viewers), and ‘Auburn University in the AllState Sugar Bowl (an ESPN prime-time game televised nationally to over 9.5 million viewers). These games presented the once-in-a-lifetime opportunity for Bledsoe to develop as a collegiate football player and showcase his talents to a national audience, which included, butwas not limited to professional sports agents, marketing agents, NFL draft analysts, college football analysts, and college/NFL football fans. Bledsoe will forever lose the specific and unique opportunities to play in the first four (4) games of the 2017 OU football season against The University of Texas at El Paso (UTEP), The Ohio State University, Tulane University, and Baylor University. Much like OU’s 2016 games, these games will gamer the viewership of millions of viewers and will present the once-in-a-lifetime opportunity for Bledsoe to develop as a collegiate football player and showcase his talents to a national audience, which will include, but will not be limited to professional sports agents, marketing agents, NFL draft analysts, college football analysts, and college/NFL football fans. . Pursuant to NCAA policies, a student-athlete such as Bledsoe generally has only four (4) years of athletic eligibility to compete as a collegiate football player. As a result of the four (4) year eligibility rule, Bledsoe has a limited opportunity and time window to develop his skills and showcase his ability to compete as a varsity football player and to establish his reputation as an athlete who conducts himself within the rules of the OU and the NCAA. |. The one (1) year suspension has forever impugned Bledsoe’s good name and reputation as a student-athlete. The suspension will have a deterring effect on Bledsoe’s potential NFL draft status by NFL teams that value character as a critical draft attribute.e. It would be impossible for Bledsoe to determine the precise amount of damage that he suffered and will suffer if the NCAA's conduct is not restrained, and Bledsoe will be deprived of rights and privileges that cannot be compensated in monetary damages. WHEREFORE, Plaintiff Amani Bledsoe prays for judgment as follows: (1) Reinstatement of one (1) full year of lost eligibility to be used as a student-athlete at OU; (2) For his costs; (3) For a reasonable attorney's fee; and (4) For such other and further relief that is just, equitable, and proper, whether it is specifically requested herein or at a later date. THIRD CAUSE OF ACTION INJUNCTION 87. Bledsoe incorporates {ff 1-86 as though fully stated herein. 88. The NCAA has wrongfully interfered and is interfering with Bledsoe’s rights, privileges, and expectations to, inter alia, participate as a member of the OU football team; develop as an OU scholarship student-athlete both athletically and academically; and invest his time, resources, and efforts into building a foundation and developing his skills to earn a living as a professional football player in the National Football League (“NFL”) and/or as a football coach. 89. The NCAA’s continuing interference, unless and until enjoined by order of this Court, will cause grave and irreparable injury to Bledsoe. 2090. At all times pertinent herein, Bledsoe performed all of his obligations as a student- athlete at OU in good faith and has at all times dealt fairly with the NCAA and DFS throughout the drug testing and appellate procedures. 91.Bledsoe has fully exhausted his administrative remedies pursuant to the NCAA Bylaws by appealing the NCAA's one (1) year suspension in writing and by participating in a telephonic hearing with NCAA officials. 92, Bledsoe has no adequate, plain, and speedy legal remedy in that, inter alia: a, Bledsoe forever lost the specific and unique opportunities to play in the remainder of the highly successful 2016 OU football season, which included games against The University of Kansas (a FOX prime-time game televised nationally to approximately 636,000 viewers), Iowa State University (an ESPN prime-time game televised nationally to approximately 1.399 million viewers), Baylor University (an ABC game televised regionally to a large portion of 3.751 million viewers), West Virginia University (an ABC prime- time game televised nationally to approximately 3.825 million viewers), Oklahoma State University in the de facto Big 12 championship game (televised nationally on FOX to approximately 4.817 million viewers), and ‘Auburn University in the AllState Sugar Bowl (an ESPN prime-time game televised nationally to over 9.5 million viewers). These games presented the + once-in-a-lifetime opportunity for Bledsoe to develop as a collegiate football player and showcase his talents to a national audience, which included, but 2s . was not limited to professional sports agents, marketing agents, NFL draft analysts, college football analysts, and college/NFL football fans. Bledsoe will forever lose the specific and unique opportunities to play in the first four (4) games of the 2017 OU football season against The University of Texas at El Paso (UTEP), The Ohio State University, Tulane University, and Baylor University. Much like OU’s 2016 games, these games will garner the viewership of millions of viewers and will present the once-in-a-lifetime opportunity for Bledsoe to develop as a collegiate football player and showcase his talents to a national audience, which will include, but will not be limited to professional sports agents, marketing agents, NFL draft analysts, college football analysts, and college/NFL football fans. . Pursuant to NCAA policies, a student-athlete such as Bledsoe generally has only four (4) years of athletic eligibility to compete as a collegiate football player. As a result of the four (4) year eligibility rule, Bledsoe has a limited opportunity and time window to develop his skills and showcase his ability to compete as a varsity football player and to establish his reputation as an athlete who conducts himself within the rules of the OU and the NCAA. . The one (1) year suspension has forever impugned Bledsoe’s good name and reputation as a student-athlete. The suspension will have a deterring effect on Bledsoe’s potential NFL draft status by NFL teams that value character as a critical draft attribute. 22e. It would be impossible for Bledsoe to determine the precise amount of damage that he suffered and will suffer if the NCAA’s conduct is not restrained, and Bledsoe will be deprived of rights and privileges that cannot be compensated in monetary damages. 93. The considerations of policy and justice posed by Bledsoe’s case are sufficiently compelling, necessitating judicial scrutiny and relief. 94. The necessity of this Court’s action is apparent because while the NCAA is a voluntary association, it is so dominant in its field that membership in a practical sense is not voluntary but economically necessary for Bledsoe and OU. WHEREFORE, Bledsoe prays for judgment as follows: (1)A temporary restraining order preventing the NCAA from officially and effectively decertifying Bledsoe for one (1) year of eligibility as a student-athlete playing football on scholarship at OU; (2) A preliminary injunction and a permanent injunction, restoring one (1) full year of eligibility that Bledsoe lost as a student-athlete playing football on scholarship at OU; (3) For his costs; (4) For a reasonable attorney's fee; and (5) For such other and further relief that is just, equitable, and proper, whether it is specifically requested herein or at a later date. 23FOURTH CAUSE OF ACTION DECLARATORY JUDGMENT 98. Bledsoe incorporates $f 1-94 as though fully stated herein, 96. An actual dispute and controversy has arisen among Bledsoe and the NCAA with reference to Bledsoe’s eligibility to participate as a student-athlete at OU. 97. Bledsoe contends that the NCAA should reinstate his lost one (1) year of eligibility that he lost starting on October 5, 2016 in full because the NCAA’s actions infringed and will continue to infringe on Bledsoe’s substantive and procedural constitutional rights under Article VII, Section 7 of the Oklahoma Constitution, and that Bledsoe is entitled to equitable relief. 98.Conversely, the NCAA ostensibly contend that Bledsoe is not entitled to reinstatement of his one (1) lost year of eligibility as a student-athlete competing for QU. The NCAA further ostensibly argues the antithesis of the claims advanced by Bledsoe in this action. 99.A judicial determination and adjudication of these issues is necessary in order to determine the rights and obligations of the parties. 100. This Court’s determination will terminate all or part of the controversy giving rise to this action. 101. This action is brought pursuant to 12 O.S. § 1651 et seq. WHEREFORE, Bledsoe seeks a judgment from this Court declaring, adjudicating, and determining: 24(1) That Bledsoe had and has protected liberty and property interests pursuant to Article VII, Section 7 of the Oklahoma Constitution in his eligibility and participation as a student-athlete at OU, as stated in Bledsoe’s First Cause of Action, supra. (2)That the NCAA did not afford Bledsoe proper procedural due process in applying the NCAA drug testing Bylaws and in hearing Bledsoe’s appeal, as stated in Bledsoe’s Second Cause of Action, supra; (3)That the NCAA Bylaws conceming student-athlete drug testing are unconstitutional pursuant to Article II, Section 7 of the Oklahoma Constitution because they administer damaging, life-changing, quasi-criminal punishments to student-athletes on a strict liability basis without any type of knowledge, intent, or mens rea component; (4) That Bledsoe is entitled to a restraining order, injunction, temporary and permanent, as sought in his Third Cause of Action, supra; (5) Awarding Bledsoe the costs of this action; and (© Awarding Bledsoe any other and further declaratory injunctive relief that this Court considers, just, equitable, and necessary to determine and establish the rights and duties of these parties. 25ATTORNEY LIEN CLAIMED JURY TRIAL DEMANDED 26 Respectfully Submitted, tT. Stanley M. Ward, OBA#9351 Woodrow K. Glass, OBA#15690 Barrett T. Bowers, OBA#30493 Jonathan M. Irwin, OBA#32636 Geoffrey A. Tabor, OBA#32880 WARD & GLASS, L.LP. 1601 N.W. 36" Street, Suite 100 Norman, Oklahoma 73072 (405) 360-9700 (405) 360-7902 (fax) ATTORNEYS FOR PLAINTIFF