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Sports Law

No Sports Is Quite A Punishment

Guest post by Dynasty HR Director, Justin Herzig.

Throughout the past week, there has been much discussion over the recent verdict handed down in an Ohio courthouse.

deejay hunterDwayne “Deejay” Hunter, a top football prospect commonly referred to as a big-time hitter with 10.2 100 yard speed, was at the mercy of Judge Andrew Nastoff as he awaited his sanctions.  After pleading guilty to shooting a BB gun from a moving vehicle, with one of the BB’s striking a 15-year old boy in the eyelid, Hunter could have received up to 8 years in prison.

ESPN referenced the details, Law Professor Blogs discussed the issue, and the Associated Press has articles spanning across the country on the ruling.  Below is an excerpt from a local Cincinatti paper:

Tension in the room rose.

Then the judge announced, “You are not going to prison today.”

When at least a dozen supporters applauded and cheered, Nastoff quieted the crowd and told anyone who couldn’t control themselves to leave.

Then he began outlining all the conditions of probation: no sports, not even intramurals; a $500 fine; 500 hours of community service, which can include his helping youngsters in Special Olympics, pee-wee football or other sports; plus 180 days in the Butler County Jail. With credit for time served, he will be released just before Thanksgiving.

If any of the above conditions are broken, Hunter will be sent back to jail.  The issue has brought about so much discussion because the obvious question arises: Was this really the best move on the part of Judge Nastoff?

There is no doubt Nastoff was just in making sure the sanctions were severe.  This was not Hunter’s first incident with the law and Nastoff clearly thinks Hunter believes he is above the law.  Nastoff, in his closing remarks, reprimanded Hunter with “Find out who you really are without this whole aura of the athletics around you, because quite frankly in some ways it’s made you a Frankenstein monster. It’s made you think you’re owed certain things.”  Nastoff ruled with a punishment both to teach a lesson, while also better Hunter with his future.  This should then allow Hunter, as Nastoff sees it, to “see who Dwayne Hunter the person is, not who Dwayne Hunter the star athlete is.”

However, star athlete is a term that will not commonly be used when referring to Hunter in the future.  With nearly every D-1 school having displayed interest in him, his only opportunity to get a college degree may have been snatched in front of his eyes.  Any chance at playing in the NFL is clearly just a thing of the past as 5 years away from football will surely ruin his chances.

This then begs the question: Was Nastoff’s sanctions actually more detrimental than helpful?  There is no doubt this is a far greater opportunity for Hunter than going to prison for 6 years, however, how much greater?  Was there a better option that could have been reached?  I can’t help but think that some agreement could have been attained where the probation would entail strict guidelines surrounding both disciplinary and academic behavior, while still allowing Hunter the opportunity to better his life through an athletic scholarship.  I hear Jim Grobe is a great mentor…maybe his sanctions should entail having to play at Wake Forest?

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.

3 replies on “No Sports Is Quite A Punishment”

The judge is the one who decides what the best sentence should be and in most cases it does not come easily nor without much thought. It seems that you feel this young man has been somehow robbed of his right to an athletic scholorship and to “graduate” from college or university. What tuype of student is this young man, where do academics fit into his lifestyle, would he want to graduate with a degree in an academic subject or a degree in the “NFL”? Do you not think that the judge wanted to reveal to this young man that life is not to be judged on your time in the 100 or your total yards, or games won? Do you think that this young man and his admirerors will grow from this? Is it character and what you do in life, your respect for others, your selflessness that are truly determinative of your life’s worth?
This young man will again play sports, he will be allowed to enter college or university, who knows possibly he may even earn an academic scholorship! His life is in his hands, his decisions effected and affected his future and will continue to do so.

The Fig,

I completely understand where you’re coming from. This will definitely give him an opportunity to find himself as a person off the field. I do not think he was robbed of an athletic scholarship as he clearly deserves any punishment within the law for the crimes he’s committed. While I do not know what his academic lifestyle, he did graduate from high school with a 3.4 GPA.

Character and behavior are definitely things Hunter will hopefully self-evaluate but one thing that bothers me is the concept of justice being blind. If athletes should be judged no differently than anyone else, doesn’t this go against that concept? Obviously your average Joe would not have been told he can’t participate in team sports. Whether or not your average Joe would then go to jail instead, is a discussion in itself. But, it is very possible had he not been an athlete, he still would have been given the same amount of little jail time and then non-sports related, probation sanctions.

After more than 35 years in the practice of law I have seen and been involved with the criminal process and its aftermath both good and bad. I believe that this young man received a fair sentence. I also believe that had another person been convicted his sentence could have been nore severe as far as jail time. I also believe that if he demonstrates appropriate behavior that his probationary period could be lessened and that he could again participate in organized sports. I kow that the sentence seems harsh to this young man, however his actions were reckless, even though it was a bb gun and not a more powerful weapon. I believe that this fact and his resolve to act for the good of his fellow man will allow him to regain his youthful potential. Would not it be great if he were to study hard devote himself to the community and earn a scholarship bot based on his athletic abilities . I believe in the ability to change and grow, the ability to redirect your life and the earning of positive karma. I wish this young man well and if he were here where I could mentor, I would gladly lend myself to this endeavor. the fig

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