Attorney 'very optimistic' LSU CB Kristian Fulton will return for 2018
A decision as to whether Kristian Fulton will be eligible to return to the field is one week away. Optimism concerning the LSU cornerback’s future in Baton Rouge is at an all-time high.
Donald Maurice Jackson, The Sports Group attorney representing the Fulton family, is bracing for a reconsideration hearing one week from Thursday on Aug. 9. The hearing was scheduled in light of new evidence submitted that suggests there were multiple factual issues that were not addressed in the original case, including an error during the drug-testing protocol, which was confirmed by a New York-based forensics panel.
As a reconsideration hearing approaches, Jackson believes that the NCAA appeals committee will grant Fulton immediate eligibility to return to the field when LSU opens the 2018 season against Miami at AT&T Stadium on Sept. 2.
“The appropriate result would be a declaration of immediate eligibility. This would allow him to re-start his collegiate career for Game 1,” Jackson told TigerDetails on Thursday.
“My level of confidence is high. The reality of the matter is that I’ve been through these types of scenarios before with other student-athletes and families. You go in with optimism that the administrative process will work, and I have that belief in this case. Administratively, I believe we will receive a favorable decision here for this young man that’ll allow him to get back on the field and restart his career. That’s my goal and I’m very optimistic.”
Jackson was tabbed to represent Fulton in June of 2017, months after the NCAA handed the LSU cornerback a two-year suspension. Once he accepted the case, Jackson began collecting evidence from the original case from the NCAA.
After more than a year on the case, Jackson was led to believe that there was issue with the NCAA drug-testing protocol and other factual issues that were not initially addressed. He submitted that evidence to the NCAA in July and requested an Aug. 9 reconsideration hearing, which was the early possible date to re-examine the case.
“A forensics panel in New York evaluated the records relative to the case and determined there was a testing protocol issues,” Jackson explained. “The information was submitted to the appeals committee. We got expert analysis from the forensics panel and that is one of the issues being addressed in this re-consideration.
“There were other factual issues as well that were not addressed the first time around. We made the submission in early July to reopen the case, which leads us up to this point.”
Jackson outlined two potential scenarios in regards to the outcome of Fulton’s reconsideration hearing next Thursday. Both would lead the former All-American returning to the team this upcoming fall.
—A declaration of immediate eligibility, which would put him on the football immediately
—A reduction of the remaining one-year suspension
Because new evidence obtained suggests that there was an error in the drug-testing protocol, there is reason to believe that a shortened suspension or immediate eligibility will be issued on Aug. 9.
“After the initial decision, a reduction in the remaining one-year suspension would be inadequate,” Jackson stated. “He has already served a full year, and frankly, that initial decision as so flawed. He should have never been suspended in the first place because these testing protocol issues are very serious. Ultimately, two wrongs don’t make a right.
“If there was an error impacting the integrity of the collection process, errors in the drug-testing protocol by the test collector … if Kristian did something wrong and the test collector did something wrong, the whole process was flawed. With that, the decision to impose any sanctions would be inappropriate. Ultimately, there are obligations to complete the testing process in a way that’s consistent with the NCAA drug-testing protocol, which is a two-way obligation. That falls on the student-athlete and the collector. The collector here failed in his obligation. That’s a serious issue. In that situation, it undermines the faith in the entire process not just for this student-athlete, but every student-athlete that takes a test in the future or has in the past.”
Should the appeals committee declare Fulton eligible to play immediately for the Tigers, Jackson has another issue in mind.
Fulton is listed as a junior despite not seeing any action on the field since his freshman season in 2017. The NCAA did not grant Fulton a redshirt for the 2018 season in which he was ruled ineligible due to suspension. Jackson indicated a separation hearing would take place to re-classify Fulton as a true sophomore for the upcoming season, citing that because the initial decision was flawed, the number of competitive seasons would need to be corrected.
Before speaking with TigerDetails, Jackson spoke with Keith Fulton, Kristian’s father, who shared the same degree of confidence in the upcoming reconsideration hearing.
“We’re all optimistic. I wish it (the hearing) was this afternoon because the next seven days of waiting increases the stress level for Kristian, for Keith, for the whole family,” Jackson said. “We’re ready for this process to move along and get this young man back on the field to regain his life. The reality of the situation is that it’s more than just a suspension; this impacts a young man’s life.
“I deal with ineligibility decisions, academic reviews, drug-related suspensions and medical hardship waivers, and their lives are caught up in this. For a young person on a Division 1 college campus, that’s a commitment made a long time ago. Sacrifices were made by a lot of people for a lot of years for someone like Kristian to get onto a college football field. When that’s taken away from you — in particular, taken away for a reason you believe is improper — that’s not just an NCAA-related decision, it’s one that impacts your life. If the rationale for that decision is incorrect, that’s hard to swallow, so when I see cases like this, where a young man as talented as Kristian and the impact it has had on his future, that’s highly troubling. Our goal is to correct this to allow him to live out his dreams, and his dream was to be an LSU football player and to hopefully pursue football on the next level after that. First, we’ve got to have a modification in ths decson. dec .”