SPOKANE, Wash. (Legal Newsline) – A quarterback thrown off the Washington State University football team for shoplifting has successfully argued his due process rights were violated.
A Nov. 17 ruling by the Washington Court of Appeals allows Zaire Webb to pursue claims the school’s Athletic Award Appeal Committee treated him unfairly, though it affirmed dismissal of other counts against other defendants, like former coach Mike Leach.
The Appeal Committee will not be entitled to quasi-judicial immunity from Webb’s claims.
“The Appeal Committee’s procedures were lacking in several ways,” Judge Robert Lawrence-Berry wrote.
“Most notably, Webb was not permitted to hear or respond to adverse witnesses and perhaps was not entitled to call his own witnesses.
“Also, the hearing was not recorded, and the committee was comprised of three WSU officers who were asked to review the decision of an influential WSU coach.”
There was no written decision and Webb was told he could not appeal.
“Webb’s proposed procedures would require the committee to allow Webb to hear and respond to adverse witnesses, issue a written decision with basic findings and conclusions, record the hearing and allow an appeal,” Lawrence-Berry wrote.
“These procedures are probative of truth finding and promote consistent, well-reasoned decision.”
In addition to school guidelines for student-athletes, Leach imposed four core rules: Don’t steal, don’t use drugs, don’t hit women and don’t hurt the team.
Webb had a couple of issues in 2017. The strength and conditioning coach reported a lack of effort to Leach and he had a drug test invalidated because his sample was diluted.
“A person must drink an extraordinary amount of water to produce a diluted sample,” the decision says.
In October, Webb was arrested for shoplifting from Walmart. In his haul were home drug-testing kits. His scholarship was revoked soon after.
Webb is now a defensive back at Georgetown University.