UK attorneys ask judge to toss UK pitcher's lawsuit

A Fayette Circuit judge will consider next week whether to dismiss a lawsuit filed against the University of Kentucky by a baseball player.

Pitcher James A. Paxton sued in December. He alleged that officials tried to force him to submit to NCAA questioning or face expulsion from the team, which UK denies. Paxton's attorneys say UK officials have infringed on Paxton's rights under UK's student code of conduct.

But Stephen L. Barker, an attorney representing UK, argues in a motion to dismiss the lawsuit that the student code of conduct is not relevant to Paxton's case because it concerns NCAA eligibility, not university proceedings.

According to the suit, the student code of conduct says that students have the right not to be compelled to give testimony. But under NCAA guidelines it is a violation for a student athlete to refuse "to furnish information relevant to an investigation of a possible violation of an NCAA regulation."