×

Youngstown State appeals Ma’lik Richmond football ruling

Ma'lik Richmond -- File/Associated Press

YOUNGSTOWN– Youngstown State University today appealed a judge’s decision that would allow walk-on football player Ma’lik Richmond, who was convicted of raping a teen in a highly publicized case in Steubenville, to be temporarily reinstated to the school’s football team.

U.S. District Judge Benita Pearson granted Steubenville resident Ma’lik Richmond a temporary restraining order against Youngstown State University late Thursday. That order would have allowed him to play for the Penguins.

Richmond filed a complaint in U.S. District Court in Youngstown stating the university’s decision not to allow him to play on the football team for reasons other than his academics or his athletic performance was a breach of contract and also conflicted with Title IX regulations. The complaint also states he was denied due process when it was announced in August he would not be able to play on the team.

Richmond claims the school has violated his civil rights and is causing him to lose a year of football eligibility that could later cost him a professional football career.

His attorney, Susan C. Stone, requested the court allow for an expedited ruling on his complaint. Pearson ordered YSU attorney Christina L. Corl and Stone to provide her briefs supporting their claims by Sept. 26. A hearing will take place in Pearson’s court at 2 p.m. Sept. 28.

“This is his time to shine,” Stone said. “Every opportunity to play is crucial.”

Stone argued the university arbitrarily removed Richmond’s eligibility to play on the football team based on an online petition in which its supporters objected to Richmond playing on the team because of the trial.

Richmond served about 10 months in a juvenile prison after he and a Steubenville High School teammate were convicted in 2013 of raping a 16-year-old girl during an alcohol-fueled party. The case brought international attention and led to allegations of a cover-up to protect the school’s storied football team.

He was released in January 2014. He attended colleges in West Virginia and Pennsylvania before transferring to Youngstown State in the fall of 2016 as a sophomore.

In his complaint, Richmond’s attorney argued he chose to attend YSU based on promises made by YSU football coach Bo Pelini that he would be provided an opportunity to play on the football team provided he followed all requirements by the coaching staff and earned a position on the team. Richmond successfully fulfilled each of these requirements.

However, in August, after a female YSU student, Katelyn David, discovered Richmond was on the team, she started an online petition that more than 10,000 people signed asking he not be allowed on the team.

The university on Aug. 5 announced its decision not to allow Richmond to play in any football game during the 2017-2018 school year, although he is allowed to remain on the team as a practice player. Richmond then returned to his home in Steubenville. Coaches Pelini and Roland Smith and three teammates drove to his home, apologized, told him he had NFL potential and asked him to continue training, his complaint states.

Stone argues that by not allowing Richmond to play on the team, he was being sanctioned by the university although he had done nothing illegal or actionable during his time as a student.

Corl argued that Richmond is allowed to attend classes and even work out with the football team, but he is not allowed to play in the games, so he is being provided every right given to other students and he is not being punished by the university.

She also argued that any promises made by Pelini and any other member of the coaching staff could be overruled by YSU President Jim Tressel for the good of the university. However, when Pearson asked Corl for an example of another instance when Tressel used his position to dictate what happens on the football field, she could not provide one.

When Corl argued Richmond would not suffer irreparable harm if he lost the 2017 year of eligible play, Pearson said losing games could count as irreparable harm.

“There is a great public interest in having law and order upheld. There is great public interest in having students study in a safe environment,” Pearson said. “There should also be great public interest in keeping promises and our universities upholding contracts with their students.”

The Ohio Attorney General’s Office had submitted a scathing reply to the lawsuit on behalf of the university, arguing why Richmond’s petition for relief shouldn’t be granted. The reply said “proving no deed goes unpunished,” the school has been “hauled into court by a student that YSU has bent over backward to assist, support and provide a second chance when no one else would.”

“The rest of the world had written Plaintiff off as an unrepentant rapist, but YSU encouraged him and integrated him as ‘part of the student community,'” the reply said.

The other person who was convicted in the 2013 case, Trent Mays, is enrolled at Central State University in Wilberforce, where he’s the starting quarterback on the school’s football team.

Mays has completed 40 of his 65 passes for 468 yards and one touchdown, while throwing four interceptions. He also has scored three rushing touchdowns. The Marauders stand at 0-2 entering Saturday’s home game against Morehouse College.

NEWSLETTER

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *

Starting at $4.73/week.

Subscribe Today