Despite lawsuit, Paxton absolutely wants to play for UK

Tweet

Senior left-handed pitcher James Paxton is suing UK, but still hopes his UK career isn’t over.

According to the  lawsuit, filed in Fayette County Circuit Court on Wednesday, Paxton was approached by UK Senior Associate Athletics Director Sandy Bell, who told him in October he would have to meet with an NCAA investigator. Bell would not inform Paxton what allegations had been brought against him. Paxton was also instructed he was not to speak to his parents or a lawyer about meeting with the NCAA investigator.

The lawsuit also alleges UK Athletics Director Mitch Barnhart told Paxton he would not be allowed to play on the team until he agreed to the interview. Paxton is seeking an injunction that would allow him to play without meeting with investigators.

Paxton was the 37th overall pick in this summer’s MLB draft, but returned to UK after deciding not to sign with the Toronto Blue Jays. Paxton’s lawyer, Tony Miller, told the Kernel Wednesday  that Paxton absolutely wants to pitch for UK this coming season. Paxton is considered a potential first round prospect for the 2010 draft.

Miller said that by requiring Paxton to submit to an interview with NCAA investigators without informing him of the allegations against him, UK violated Paxton’s rights as a student.

“Mr. Paxton is a student at the University of Kentucky,” Miller said. “And as such he has the rights and privileges set forth in the Student Code of Conduct.”

The lawsuit cites Article 1, Sections 7(c) and 25(a) as well as Section 7(b) of the Student Code of Conduct as reasons for the lawsuit. Section 7(b) states that “a student shall not be compelled to give testimony and refusal to do so shall not be considered evidence of responsibility for an alleged violation (in front of a university hearing agency).” Section 7(c) states the “…  student shall be informed in writing of the reasons for appearance before any hearing agency and given sufficient time to prepare for the appearance.” The lawsuit claims UK has not followed either practice.

Barnhart and Bell declined to be interviewed through UK athletics spokesman DeWayne Peevy early Thursday afternoon. A phone message left for the NCAA was not immediately returned.

Paxton struck out 115 batters in 2009, leading the team and ranking fourth in the Southeastern Conference.