Former Vermilion High pitching star Andy Oliver has sued his former adviser and the NCAA in an effort to have his college eligibility at Oklahoma State University restored.
Oliver, OSU’s top pitcher, was declared ineligible by the university in late May during the NCAA Division I baseball regionals.
University officials at the time gave no reason for Oliver’s ineligibility, but a report in the Daily Oklahoman of Oklahoma City said the paper had been told by sources that “the sophomore left-hander is being held out pending an investigation about whether (he) spoke with someone claiming to be an agent.”
A person familiar with the situation, who asked not to be named, confirmed parts of a story that appeared Wednesday in the online edition of Street & Smith’s Sports Business Journal.
The story indicated that Oliver filed suit late last month in Erie County Common Pleas Court against the NCAA, advisers Robert and Tim Baratta, and the Barattas’ company, Baratta Partners.
The lawsuit alleges that Oliver was harmed by the actions of the NCAA and the Barattas, and seeks an unspecified amount of money in compensatory and punitive damages. The suit also seeks an injunction that would restore Oliver’s eligibility.
The suit describes a complex series of events that, according to Oliver, resulted in him being erroneously accused of violating NCAA rules concerning advisers and agents.
The court was closed Wednesday night and the clerk of courts’ Web site did not have records of the case. Oliver is in Europe as a member of the 2008 USA Baseball National Team and was unable to be reached for comment.
The story in Sports Business Journal quoted an NCAA spokesman saying NCAA officials had not seen the lawsuit as of Tuesday night and had no comment.
Andrew Entwistle, an attorney for the Barattas, called Oliver’s lawsuit “a wholly frivolous piece of litigation,” according to the SBJ story.
Oliver was a first-team All-Big 12 selection this year after going 7-2 with a 2.20 ERA. He struck out 96 in 981/3 innings with 36 walks. Opponents hit .211 against him.

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