08/14/2008
Quarterback Ben Mauk has launched a legal Hail Mary in an effort to keep his college football career alive.
Mauk filed a lawsuit Wednesday against the NCAA, less than a week after the association rejected his final appeal for another year of eligibility at Cincinnati.
The same day the lawsuit was filed, Hardin County Judge William Hart in Mauk's home area of Kenton, Ohio, granted a temporary restraining order that says the NCAA cannot prevent him from practicing for the Bearcats.
The judge set an Aug. 22 hearing on Mauk's request for a permanent injunction against the NCAA.
Mauk was a key player as Cincinnati rose to college football's Top 25 last season. He says he should get another season because of playing time lost to injury while he was at Wake Forest.
Messages seeking comment were left with Cincinnati and the NCAA. Mauk said in a text message to The Associated Press that he could not discuss the lawsuit.
"Despite being a model student-athlete (and person) for the NCAA and despite having earned the NCAA significant revenues, the NCAA has wrongfully, arbitrarily and capriciously denied Mr. Mauk's request to participate in a fourth year of athletic competition for reasons completely beyond Mr. Mauk's control," the lawsuit states.
Mauk came back from career-threatening injuries to lead Cincinnati last year to a No. 17 ranking in the final poll. He passed for 31 touchdowns and 3,121 yards even though his right arm and shoulder were still in pain.
Mauk broke the arm and separated the shoulder in Wake Forest's season opener in 2006, then transferred to Cincinnati.
He appealed to the NCAA for an extra year of eligibility because of the injuries, but was turned down. A second appeal claiming he redshirted his freshman year at Wake Forest in part because of different injuries also was rejected.
Mauk then went to the NCAA's reinstatement committee, which ruled last week there wasn't enough medical documentation to support his claim that he missed his freshman year because of injury. His lawsuit says it's not his fault that files weren't maintained.
Cincinnati is preparing to open the season with senior Dustin Grutza as the No. 1 quarterback. Mauk replaced Grutza last season.
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