Cincy quarterback Mauk taking NCAA to court over eligibility

CINCINNATI -- Quarterback Ben Mauk has launched a legal Hail Mary in an effort to keep his college football career alive.

Mauk filed a lawsuit Wednesday against the NCAA, less than a week after the association rejected his final appeal for another year of eligibility at Cincinnati.

The same day the lawsuit was filed, Hardin County Judge William Hart in Mauk's home area of Kenton, Ohio, granted a temporary restraining order that says the NCAA cannot prevent him from practicing with the Bearcats.

The judge set an Aug. 22 hearing on Mauk's request for a permanent injunction against the NCAA.

Mauk was a key player as Cincinnati rose to college football's Top 25 last season. He says he should get another season because of playing time lost to injury while he was at Wake Forest.

"Despite being a model student-athlete (and person) for the NCAA and despite having earned the NCAA significant revenues, the NCAA has wrongfully, arbitrarily and capriciously denied Mr. Mauk's request to participate in a fourth year of athletic competition for reasons completely beyond Mr. Mauk's control," the lawsuit states.

Mauk wasn't at practice Thursday in West Harrison, Ind. Coach Brian Kelly told the Cincinnati Enquirer that he wouldn't risk using a player declared ineligible, saying the school could have to forfeit games and give back bowl money.

"That's ludicrous to even think that we would put him on the field and put our football team in harm's way," Kelly said.

Cincinnati is preparing to open the season with senior Dustin Grutza, who was replaced by Mauk last season.

Mauk said in a text message to the Associated Press that he couldn't discuss the lawsuit.

The NCAA was disappointed by the ruling, a spokesman said.

"We look forward to explaining more fully our reasons for the decision and the careful review given not only by our staff but also by representatives from our member schools," spokesman Erik Christianson said in a statement.

Mauk came back from career-threatening injuries to lead Cincinnati last year to a No. 17 ranking in the final poll. He passed for 31 touchdowns and 3,121 yards even though his right arm and shoulder were still in pain.