“The lawsuit is based on the NCAA maliciously attacking his character through a completely false and highly offensive statement that was widely reported in the media and substantially and irreparably damaged his reputation,” according to a statement from law firm McCathern, PLLC.
The NCAA statement in question was issued to ESPN, along with other media outlets, on July 28, 2021, in response to an inquiry about the possibility of Bush having his records and participation restored in light of changes to name, image and likeness rules that went into effect earlier that month.
“Although college athletes can now receive benefits from their names, images and likenesses through activities like endorsements and appearances, NCAA rules still do not permit pay-for-play type arrangements,” an NCAA spokesperson said in that statement. “The NCAA infractions process exists to promote fairness in college sports. The rules that govern fair play are voted on, agreed to and expected to be upheld by all NCAA member schools.”