LUBBOCK, Texas (KCBD) – A hearing began at 9 a.m. Monday to determine whether Texas Tech quarterback Brendan Sorsby can play college football while his lawsuit against the NCAA proceeds through the court system.<\/p>\n
Judge Ken Curry, a retired judge out of Tarrant County and Houston law school graduate, is assigned to preside over the case, in the 99th District Court of Lubbock County.<\/p>\n
Last month the NCAA declared Sorsby permanently ineligible for gambling, including betting on his own team. Sorsby filed a request for an injunction that would allow him to play during the legal process.<\/p>\n
He completed a gambling rehabilitation program last week.<\/p>\n
Court documents filed by the NCAA says, Sorsby placed\u00a0thousands of sports bets\u00a0from 2022\u20132026 while at\u00a0Indiana, Cincinnati, and Texas Tech.<\/p>\n
The documents say Sorbsy did bet on\u00a0college sports, including bets on\u00a0Indiana football, his own team and bets on the\u00a0performance of his teammates.<\/p>\n
The NCAA says Sorsby later moved to other people\u2019s accounts and apps\u00a0to place bets, including after transferring to\u00a0Texas Tech, where online sports betting is\u00a0illegal under Texas law.<\/p>\n
Monday\u2019s arguments<\/p>\n
Jeffrey Kessler, an attorney representing Sorsby, said the temporary injunction should be granted because the NCAA failed to uphold its reinstatement process.<\/p>\n
Kessler cited the NCAA constitution and bylaws, including Article 1 Section D, which states student athlete well-being is designed to protect their physical and mental health.<\/p>\n
\u201cMental health of the athlete is the main focus here,\u201d Kessler said. \u201cWe have Sorsby, who has been diagnosed with a mental health addiction, he should be supported here.\u201d<\/p>\n
Kessler said Sorsby did not engage in betting activities that threaten the integrity of any games.<\/p>\n
He said the NCAA\u2019s reinstatement guidelines state the Division 1 committee prioritizes student athlete well-being. He said the NCAA did not consult a professional about Sorsby\u2019s mental health condition and instead declared him permanently ineligible because he bet on his team before he was an active member.<\/p>\n
At the time of Sorsby\u2019s bets on Indiana football, he was practicing but not traveling for road contests, Kessler said. He said Sorsby stopped betting on Indiana two weeks prior to his only appearance in the 2022 season.<\/p>\n
Kessler said Sorsby never bet on the team in a game he participated in, which is uncontested by the NCAA. He said Sorsby never posted Indiana information to anyone else to give them a betting advantage.<\/p>\n
Kessler said the same was true at Cincinnati and that Sorsby never bet on Texas Tech.<\/p>\n
\u201cBased on these facts, there can be no doubt that there was no competitive integrity issue,\u201d Kessler said.<\/p>\n
A clinical report from Sorsby\u2019s residential treatment program shows a diagnosis of gambling disorder and anxiety, Kessler said. He said it is uncontested that Sorsby has a mental health disorder.<\/p>\n
Kessler said Sorsby is fully committed to continuing therapy for full recovery and that nothing should impede his recovery. <\/p>\n
If the judge denies Sorsby\u2019s request for an injunction, he could enter the NFL\u2019s supplemental draft.<\/p>\n
The hearing is ongoing. This story will be updated through the day, including with arguments from the NCAA\u2019s counsel. <\/p>\n
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