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Athlete asks judge to reject NCAA head-injury deal

By WTOP Staff

MICHAEL TARM
Associated Press

CHICAGO (AP) — A former San Diego State football player has asked a federal judge to reject the recently proposed $75 million settlement of a class-action lawsuit against the NCAA, saying it unfairly forces athletes who suffered head injuries to forfeit hundreds of millions of dollars in potential damages.

The request, which came in a late Friday filing in federal court in Chicago on behalf of Anthony Nichols, is the first in what’s likely to be a monthslong approval process to raise questions about the deal, under which the NCAA would create a $70 million fund to test thousands of current and former athletes for brain trauma. It also sets aside $5 million for research.

The filing zeroes in on a settlement provision that would require football, hockey, soccer and other contact-sport athletes to give up their rights to seek a single, potentially blockbuster sum in damages as a class. They can sue as individuals, but the filing says most couldn’t afford the legal costs and so won’t.

“The proposed settlement is truly a rarity: a settlement where the class members get nothing but are forced to give up everything,” according to the 28-page court document, submitted by one of Nichols’ attorneys, Jay Edelson. “Injured student athletes will be … left in the dust.”

Nichols, who says he suffered concussions while an offensive lineman for San Diego State from 1989 to 1992, is among tens of thousands of male and female athletes who would be covered by the sweeping class-action deal.

The first class-action suit was filed in 2011 in Chicago on behalf of former Eastern Illinois safety Adrian Arrington, and 10 similar head-injury suits were later consolidated into the one that was heard in federal court in Chicago. Arrington’s lawyers took the lead in nearly a year of negotiations with the NCAA before the proposed settlement was announced July 29.

Under the settlement, the NCAA would also toughen return-to-play rules for athletes who receive head blows. Among other terms, all athletes would be given baseline neurological tests to start each year to help doctors determine the severity of any concussion during the season.

Friday’s filing describes the benefits to athletes as paltry compared to what the NCAA gains: legal protection from having to pay out what the filing argues could have been a billion dollars or more in damages.

“What makes the … settlement so unique — and so dangerous — is that nearly 90 percent of the class will get absolutely nothing from the settlement and yet will give up valuable rights,” the filing says.

One of the Arrington lawyers who spearheaded talks with the NCAA, Joe Siprut, defended the settlement, saying in a phone interview Sunday it would reduce the health risks to players.

He also denied negotiators left hundreds of millions of dollars on the table that could have gone to athletes. Legal obstacles, he said, would have made a single, massive payout impossible.

“When you are negotiating a settlement, you can’t just pound the table and say, ‘I want this and I want that,'” Siprut said. “If anyone says we should have gotten a billion dollars, they don’t know what they’re talking about.”

The Chicago lawyer added there’s no reason why thousands of athletes couldn’t successfully sue the NCAA for damages. He says the diagnostic tests mandated in the settlement would help prove athletes suffered brain damage, boosting their chances of winning an individual suit.

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Follow Michael Tarm on Twitter at http://twitter.com/mtarm .

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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