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Judge denies injunction in Ganden case

A federal judge in Chicago has denied learning-disabled swimmer Chad Ganden a preliminary injunction that would have allowed him to compete for Michigan State University this season.

Ganden is allowed to train with the Michigan State staff but not compete while he awaits the outcome of a lawsuit against the NCAA in which he claims the Association violated the Americans With Disabilities Act. A trial has not yet been scheduled to resolve the lawsuit.

In a ruling issued November 19, U.S. District Court Judge Blanche M. Manning said Ganden had not proved that he had a reasonable likelihood of success at trial, which is a requirement for a preliminary injunction.

Manning said Ganden had not proved that the NCAA discriminated against him by not allowing him to compete this season. Ganden has argued that the loss of a season of competition would inflict irreparable harm on his swimming career.

Ganden is a freshman from Lisle, Illinois, who won two straight Illinois state titles in the 100-yard freestyle while in high school. In July, the NCAA Initial-Eligibility Clearinghouse ruled that Ganden could not be certified for initial eligibility because he lacked the required 13 core courses. Ganden took special classes for learning-disabled students in high school but consequently did not take enough of the core courses the NCAA requires of student-athletes.

Following an appeal of the decision, the NCAA in August gave Ganden a partial waiver to accommodate his learning disability. The waiver allowed Ganden to practice and receive a scholarship, but did not restore the lost season of eligibility.

Ganden will be eligible to compete in intercollegiate athletics next season if he satisfies academic requirements, but he must sit out this season.

Ganden filed the lawsuit against the NCAA after he was denied a full waiver in October.

This is the second time that a U.S. District Court judge has been asked to overturn an eligibility decision by the NCAA based on a claim that the decision violated the Americans With Disabilities Act. The other case involves a University of Washington football player.