The lawsuit and injunction application filed on behalf of five 2022 SFU football players has been denied by a B.C. Supreme Court Judge.
The five players, quarterback Gideone Kremler, defensive backs Kimo Hiu, Andrew Lirag and Ryan Barthelson and linebacker Dayton Ingenhaag, alleged that the university breached its contract with them in regard to scholarship obligations.
The players’ ultimate goal was to force SFU to reinstate its football program which was discontinued on April 4.
The players, and their lawyers, alleged that the school had breached the student athletes’ rights by not giving them timely notice of the program’s cancellation, leaving them with few options for next season.
Justice K. Michael Stephens said he has “significant doubt” about the strength and merits of the claims against SFU and found that the plaintiffs (the players) failed to satisfy the legal requirements and did not convince the court that an injunction is appropriate.
“What is sought here by the Plaintiffs is a mandatory injunction that would, in effect, order SFU to reinstate and run a currently cancelled varsity program,” the judge said in the report of his findings.
“The Plaintiffs have failed to satisfy the legal requirements under governing case authorities, including the test of strong prima facie legal merit, and they have not satisfied the Court that a mandatory injunction is available at law, just, and appropriate in the circumstances.”
It is not all bad news for the future of the football program however as the school announced on Wednesday it has selected a third-party special advisor the lead a review for the program.
McLaren Global Sports Solutions vice-president Bob Copeland was selected “to explore options for the future of football at SFU,” the school said.
“Mr. Copeland has deep knowledge of university sport operating structures and has provided leadership in complex football consulting projects, including for U Sports and the Canadian Football League. His selection was reviewed with the SFU Football Alumni Society president prior to the appointment,” SFU staff said in a release.
Copeland is expected to work closely with student-athletes, staff, and the SFU Football Alumni Society to understand and explore options for a “sustainable way forward for football at SFU,” according to the school.
Dialogue between Copeland and governing football bodies such as USPORTS and the Canada West Athletics Conference will be a focus.
His work is expected to begin next week.
SFU Football Alumni president Mark Bailey said he had a meeting with school president Joy Johnson Wednesday night.
He told Global News the talk was positive and he thinks there is a way forward for the alumni group and the school to work on reinstating the football program.
Joy Johnson and the school released a video message Thursday, offering some thoughts regarding the unfolding situation and announcing the selection of Copeland.
“I am sorry about the impact and the stress that the end of our NCAA program has affected, especially football student-athletes, staff and alumni,” she said.
“SFU recognizes how important football is to you. There are challenges to address and we want to find a solution together.”
She continued, “I know we have some work ahead of for all of us to rebuild trust, but that is the work we are committed to doing as we move forward.”
People can watch the entire message online.
SFU said it remains focused on supporting its current football student-athletes — including ensuring that their scholarships continue through degree completion and connecting them with other teams if they choose to transfer.