NCAA files motion to dismiss Amani Bledsoe lawsuit

NORMAN — The NCAA has filed a motion to dismiss the lawsuit brought against the association by OU sophomore defensive lineman Amani Bledsoe.

Bledsoe’s lawsuit seeks to restore a year of eligibility lost to suspension for a failed test of performanceenhancing drugs. Bledsoe contends he tested positive for a banned substance that was not listed as an ingredient on the label of a protein powder he used.

He argues that the NCAA bylaws surrounding the student-athlete drug testing are unconstitutional in Oklahoma “because they administer damaging, life-changing, quasi-criminal punishments to student-athletes on strict liability basis without any type of knowledge, intent” or acknowledgement that the acts could result in a punishment.

Bledsoe’s lawsuit claims that the NCAA violated his procedural and substantive process rights under the Due Process Clause of the Oklahoma Constitution.

To do that, the NCAA writes in its response, Bledsoe must establish the NCAA is a “state actor” and “the privilege of playing college football is a liberty or property interest protected by the Oklahoma Constitution.”

In court filings obtained by The Oklahoman, the NCAA argues that Bledsoe can’t establish that the NCAA is a state actor or that playing college football is a constitutional right.

A hearing is set for Nov. 20 in Cleveland County District Court.

Bledsoe tested positive for the banned substance clomiphene after a random drug test on Oct. 5, 2016, according to the lawsuit.

After failing the drug test, Bledsoe and OU submitted protein powder he had borrowed from a teammate for a one-time use to an independent lab. The results showed that the powder tested positive for clomiphene, which wasn’t listed on the label. A subsequent test of the same product, made by Inner Armour, taken from a different sample came back negative for the banned substance.

Bledsoe appealed the NCAA’s one-year suspension for testing positive, but the NCAA informed him on Dec. 5 that his appeal was denied and he would be ineligible until Oct. 5, 2017.

Bledsoe is scheduled to return from the suspension for Oklahoma’s Oct. 7 home game against Iowa State.