The civil lawsuit against BYU quarterback Jake Retzlaff could take months or even years to resolve and could even raise questions about name, image and likeness rules, lawyers who spoke to The Salt Lake Tribune say.

Here’s a look at some of the questions facing the quarterback, the university and the courts in the days ahead.

The basics of the suit

On May 21, a Salt Lake County woman filed a civil lawsuit against Retzlaff, accusing him of sexually assaulting her. The woman, identified in a 3rd District Court filing as Jane Doe A.G., alleges in the lawsuit that Retzlaff assaulted her in November 2023 after they had connected on social media and began messaging a month earlier. She is suing Retzlaff in civil court for alleged battery, assault, and intentional infliction of emotional distress, and is asking for punitive damages from him.

What’s the difference between a civil and criminal case?

Civil cases have a lower standard of proof than criminal cases.

“In a criminal case, you must show beyond a reasonable doubt that somebody has committed the crime. It’s a pretty high bar,” Utah law professor Lincoln Davies said. “In the civil context, it’s a preponderance standard, which is a much lower standard. It’s just more likely than not that something happened — like a 51% chance.”

Retzlaff has not been criminally charged.

Is Jane Doe anonymous?

While the lawsuit publicly names the plaintiff as Jane Doe A.G., the woman’s “full name and identifying information will be filed under seal with the court and provided to [the] defendant,” the lawsuit states.

What’s next in the case?

The lawsuit was filed on May 21.

Typically, the next step in a civil suit would be for a defendant to file a motion to dismiss. According to Utah’s rules of civil procedure, a defendant must typically file that within 21-30 days after the service of the summons and complaint.

If the motion to dismiss is not granted, the case enters the discovery phase.

His attorney, Mark Baute, said in a statement in May that his client is a “nice young man” who is “factually innocent.”

“Jake’s focus this year will be on football,” Baute wrote. “We don’t try cases in the media, we will respect the process and establish Jake’s innocence through the judicial system.”

How long could the case take?

Two legal experts who spoke to The Tribune said the fastest the case could go to trial is several months from now.

“Super fast, nine months. Super long, two and a half years to trial,” said Jonas Anderson, a professor of law who teaches civil procedure at the University of Utah. “That’s the range you’re looking at. But you’re not going to have a [trial] before this football season starts.”

In the meantime, both sides would engage in discovery, the exchange of information and evidence gathering before a trial.

“The more the discovery, the more time you are looking at before a trial,” Davies said.

In civil cases in Utah, discovery is broken down into tiers. Tier 1, is typically for disputes seeking less than $50,000 in damages. Tier 1 discovery sets a 120-day time limit to complete the standard fact finding. The suit against Retzlaff is seeking in excess of $300,000, which would qualify for Tier 3 discovery. That comes with a 210-day deadline for standard fact finding.

Is a settlement possible?

A case doesn’t have to go to trial. Both parties could decide to settle for an undisclosed amount of money. That could provide BYU with a legal resolution before August, but Davies noted that isn’t always a good bet in Utah.

“In general, the Utah rules are set up to try to push cases toward trial compared to many other jurisdictions,” Davies said. “In the sexual assault context, that analysis becomes a little bit more complicated because you also have the public airing of what has happened, and the risk of somebody feeling retraumatized from that re-airing. Some plaintiffs may be more willing to settle in the face of that. Obviously, other plaintiffs may feel like they want their day in court and the chance to do justice.”

NIL implications

BYU needs to prepare for the possibility it will have to make a choice about Retzlaff’s football future before the courts do.

The Cougars could allow Retzlaff to suit up and play and while the legal process plays out. He has not been charged criminally, nor has he been found liable in the pending civil suit.

But if BYU doesn’t want one of its most recognizable athletes playing while facing these allegations, it could decide to bench or even part ways with the quarterback before the lawsuit is resolved.

If he were to be cut, would the school’s NIL collective still have to pay him his seven-figure share?

In a copy of the BYU NIL collective’s standard contract, which The Salt Lake Tribune obtained, there is a termination clause. It says that a player “acknowledges that the value of his likeness is closely tied to the manner in which he publicly conducts himself. … He will also conduct himself in a manner exhibiting the utmost character and integrity.”

The contract goes on to say that that for the “avoidance of any doubt,” the university has the “right to terminate the agreement if the publicized actual, proven conduct is illegal or otherwise causes the [university] to reasonably believe that public association with the [player] would subject the [university] to public ridicule, contempt or embarrassment.”

Anderson said a “morality” clause like this is fairly common in agreements and could give BYU an out.

“Where it says, ‘If there’s anything that the university reasonably thinks is going to reflect badly on them,’ that’s a broad series of categories” to terminate the contract, Anderson said.

But Anderson pointed out the agreement says “actual, proven conduct.”

Retzlaff could potentially sue the university if he were cut before trial and had his contract voided.

“He definitely has grounds to say, ‘I didn’t do anything. I’m innocent, and just having someone accuse me of something shouldn’t eliminate this entire contract,’” Anderson said.

Anderson said that could leave open the possibility to strike a deal if the school wants to part ways with the quarterback.

“There’s some negotiation here,” he said. “It’s not going to be, ‘You’re out, we’re done.’ It’s going to be more, ‘How about we give you some money and then we call it a day?’ So it would be a negotiation in the shadow of potential litigation.”

What has BYU said?

Other schools have recently allowed players to play despite sexual assault allegations. Most recently, Texas Tech allowed basketball star Pop Isaacs to play while he had a civil sexual assault lawsuit actively pending. The lawsuit was eventually dismissed.

But is BYU willing to handle it like Texas Tech?

BYU is owned by The Church of Jesus Christ of Latter-day Saints and has a strict honor code that prohibits, among other things, premarital sex.

“I think the allegation carries more weight with the BYU administration than it would with most other schools,” Anderson said. “It doesn’t affect the law at all, but it affects how you approach the case.”

BYU said in a statement that it became aware of the civil lawsuit against Retzlaff on May 21. The university said it “takes any allegation very seriously,” but would not provide additional comment due to “federal and university privacy laws and practices for students.”

John Calipari has long-since gained the reputation as one of the top recruiters in college basketball. That hasn’t changed in the NIL era, as the Arkansas head coach has dealt with some of the most highly-touted recruits each season.

These big-time names now come with big-time paychecks. In this regard, Calipari and his staff have to tread even more lightly when evaluating talent.

“Did you see the interview with the Kansas State player (Coleman Hawkins) after the season last year, where he cried? Cried. ‘They paid me $2 million and I couldn’t live up to it.’ There’s one thing about being the star on any team,” Calipari said during an appearance on Golic & Golic on FanDuel Sports Network on Wednesday. “You guys did it, that star makes the most and, wow, but the most is expected from them. So, there’s some guys in college basketball this year making between three, four and $5 million dollars. Well, everybody knows now they’re making three, four and five. There’s teams spending 20 million on rosters. You know what? Now there’s an expectation. You better win a national title, or you better be a guy.

“If one of you paid a college player four million, would you expect that $4 million player to drag us to the Final Four? So, what’s happening is I’m dealing with 17- and 18- and 19-year-olds.”

In the instance of Kansas State’s Coleman Hawkins, he signed a highly-publicized $2 million deal to play for the Wildcats. He finished the year averaging 10.7 points, 6.9 rebounds and 4.3 assists — and revealed that he believes he hadn’t lived up to his expectations during his season with the program.

Now that millions of dollars are being thrown at highly-touted prospects and transfer portalers, being able to live up to the expectation becomes that much more necessary. The risk may not be greater than the reward and it may cost some programs, literally. In some cases so far, it already has.

“That’s totally different than a seasoned professional dealing with it. So trying to keep that away from what we do, but social media brings it right back,” Calipari said. “This guy’s making $3 million and this is the best he is. So, you know, it’s — I think we gotta really protect our kids, but some of it, you can’t. You want to be paid a lot. You’re now professional. You need to perform.”

MOSCOW, Idaho – Fifty years ago today, on June 11, 1975, the final arch of the P1FCU Kibbie Dome was placed to complete the full length of the barrel arch roof. The audacious effort took just eight months from the accepted bid to the construction of the roof structure. The end caps, lighting, insulation and roof covering would take a few more months, but the final product was ready to go for home games just a few months later.  
 
This year, the University of Idaho and Vandal Athletics are excited to announce a year-long celebration of the 50th anniversary of the dedication of the P1FCU Kibbie Dome.
 
After 50 years, the dome remains an enigma, both massive, covering 4.5 acres and standing 150 feet tall, and small, with seating less than 16,000. It is beloved by Vandal faithful and college football fans around the country and decried by its detractors as a quonset hut, airplane hanger or a beer can on its side.
 
Called “College Football’s Weirdest Stadium,” it has become a paragon of the college football world. It is celebrated in social media by college football pundits and influencers nearly every year, but to Idaho alumni, fans and community members it is an important gathering place to celebrate everything that it means to be a Vandal.
 
“We are grateful to have called the P1FCU Kibbie Dome our home for the past 50 years. In the last half century, it has become a cornerstone of Moscow culture,” Director of Athletics Terry Gawlik said. “In the college football world, it has achieved an iconic status, but it is so much more than that to us. It has hosted thousands of athletics, campus and community events. It has kept us out of the weather and provided us with an amazing home field advantage. We are excited to celebrating the dome throughout the year and look forward to securing the future of this amazing building.”
 
The celebration is a wholistic campus celebration, including the Office of the President of the University, Vandal Athletics, the UI Foundation, the University of Idaho Alumni Office, the University of Idaho Library, UI Communications and Marketing, UI Administration Operations and the VandalStore.
 
The celebration will include events, memories, special features, content and commemorative merchandise throughout the year, highlighted by a special celebration on the weekend of the September 13, game against Utah Tech.
 
The William H. Kibbie ASUI Activity Center arose from the ashes of Neale Stadium with ambitions to move to NCAA Division I-A athletics. The initial plans were to build a 23,000-seat stadium, but legislative pressure limited the building to 16,000.
 
It was first constructed as an outdoor stadium in 1971 while construction of the roof foundations and the concrete floor was laid.
 
In 1975, over just 28 days, the “barrel arch” roof was constructed with the help of Trus Joist TRUSDEK microlam system supported by steel frame that was light weight, but strong enough to support the weight of North Idaho snow. Architect Glen Cline of CSHQA, Trus Joist owner Harold El “Red” Thomas and inventor of the Glulam products Art Troutner spearheaded the construction.
 
Funding for the dome was supported by university students and William H. Kibbie, a construction executive, and former UI student donated $300,000 to secure naming rights. Athletic Director Leon “Doc” Green, oversaw the fundraising and construction of the dome roof.
 
“The P1FCU Kibbie Dome has been the setting for many memorable moments for Vandal fans over the past 50 years,” said U of I president Scott Green.  “My grandfather Leon “Doc” Green served as U of I athletic director from 1973-1978, raised money and directed the building of the initial athletic complex. His vision, work and investment by our students enabled the construction of the original ASUI Kibbie Dome.  It remains a first-class venue for Vandal athletics and serves as a hub for Idaho students, alumni and fans. We’re proud of our athletics history and look forward to hanging more championship banners in the revitalized P1FCU Kibbie Dome in the years to come.”
 
Idaho has made additions and improvements over the past 50 years. The Vandal Athletic Complex was built in the 80s, the Iverson Speed and Strength Center was dedicated in 2004. Idaho made significant improvements in 2011 with relocation of the press box to the North side of the field, the addition of the Bud and June Ford Club and replacement of the end walls with translucent panels.
 
In 2024, P1FCU entered a 10-year, $5 million naming rights agreement and a partnership with the University of Idaho, celebrating the two important Palouse-based organizations.
 
In the past 50 years, the dome has hosted championships, intramurals, icons, rodeos, concerts, trade shows, religious events, fairs, the iconic Lionel Hampton International Jazz Festival and more.
 
Idaho Vandal Soccer, basketball, tennis and indoor track and field have all called the Kibbie Dome home, but college football and its fans are where the dome earned cult status.
 
The EA Sports College Football games gave people around the world a look inside the dome. The Vandals were struggling on the field at the time of last release in a decade (2014) and fans jumped at the challenge of making the dome the toughest place to play in the game. Years later, fans continue to embrace it for what makes it unique, the field goal posts imbedded in the wall and the one of the best home field advantages in the country. The Vandals are 155-98-1 (.613) all-time in the dome, including a 6-0 record last season.
 
It isn’t just the fans, national sportswriters also celebrate the structure. The dome was named the 26th-best stadium in all of college football in by ESPN in 2024 and has made it to the finals of the College Football Campus Tour Best FCS Stadium Bracket in back-to-back years.
 
After returning to the FCS in 2018, the Vandals are 27-9 (.750) at home and have played home playoff games in each of the last two seasons.
 
The celebration of this year’s event will include alumni, athletics and foundation events. The full schedule will be announced on the celebration website at GoVandals.com/Kibbie50.
 
The website also includes, a Kibbie Dome timeline, links to specialty Kibbie Dome gear and a form for fans to fill out to and record their favorite memories of events, games and moments to be held in a digital collection and used in the celebration.
 
 
 
 
 

AUSTIN, Texas — Here’s an offseason edition of “Four Downs” which features a look at whether anyone truly cares if collegiate athletes are students, Texas Softball’s “Texas Fight,” Brent Venables and much more.

First Down: It’s a whole new world – but is it?

One of my favorite sayings I’ve heard in life is – “there are feelings and then there are facts.”

The two are mutually exclusive.

After last week’s ruling in the House v. NCAA settlement which brings us one step closer to student athletes being less student and more employee, the feeling is the way we knew college athletics has now been irrevocably changed forever.

When the fact is, we’re now just seeing what has already been the case throughout the history of college athletics play out in plain sight.

The settlement will allow for power programs such as Texas to get richer and the two biggest power conferences in the Southeastern Conference and the Big Ten Conference to grow even stronger.

That’s for certain.

However, I’m genuinely curious if the average fan truly cares whether players are employees versus student athletes?

If you ask Steve Sarkisian, he believes the players care.

“I don’t think any of us and this includes our student athletes, want to be employees,” Sarkisian said on April 14, explicitly referring to the student athletes in the “us” part of his answer.

There’s feelings and then there are facts.

This concept is represented in the ensuing sentence in Sarkisian’s well-stated answer.