On January 27, 2012, an op-ed in the New York Times by Joe Nocera brought attention to Temi Fagbenle ’15, a star basketball player who has been barred by the National Collegiate Athletic Association from playing at a college level. Her crime? Repeating her junior year after transferring from the United Kingdom to the United States and for taking the General Certificate of Secondary Education, a required examination for all British students around the age of 15.  As a result of a technicality of the rules of the NCAA, her actions have kept her off of the court. After making four separate appeals and retaining a lawyer with the help of Harvard, Temi eventually decided not to pursue plans to sue the NCAA for violating state antidiscrimination laws. Harvard, however, should have taken a stance for Temi Fagbenle not only to protect a student who has been grossly wronged, but also to help ameliorate wider and more endemic problems with the NCAA.

Temi has managed to rack up a significant number of titles and awards in her high school basketball career, including being named a McDonald’s All American and ranked number 13 overall and fifth at forward in the 2011 class by ESPN HoopGurlz. But her ability to continue her outstanding successes at Harvard has been curbed by seemingly reconcilable issues. The NCAA has mistakenly declared the GCSEs the graduation exams for British students. In fact, British students take GCSEs two years prior to A Level exams, which are taken in the year of graduation. Temi also repeated a year while studying at Blair Academy in New Jersey, which broke an NCAA rule dictating that British high school graduates enrol in university within two years of sitting the GCSEs. However, American students who repeat one or even two years of high school are still eligible under NCAA rules. In short—Temi is being punished for doing something that many other high school athletes do across the country, with no consequence, because of her different education. No student should be prohibited from playing because she studied in a different country.

One of its students has been treated unjustly and Harvard needs to step up.  It should make use of its vast resources and high visibility to pursue NCAA and call attention to these sorts of systemic problems with the organization. The NCAA is rife with problematic rules, like the 1.6 rule, a controversial policy opposed by the entire Ivy League.  Harvard may have already helped Temi retain a lawyer, but it needs to push forward and follow through with the suit.

Harvard has successfully provided legal help to students in tough situations in the past, as in the case of Eric Balderas. Surely the same logic should apply to athletes who have been unfairly treated. Harvard may not appear to be the most influential of athletic schools, but the college has an impressive array of prominent and respected coaches such as Kathy Delaney-Smith, Tim Murphy, Tommy Amaker, and Katey Stone who have influence in the NCAA. What’s more, Harvard can use its name recognition to take the issue one step further and make discrimination against students who come out of different systems or follow unorthodox careers a prominent feature of campus discourse around the country.

Harvard made a mistake in not helping Temi fight for her right to play basketball at this school. But it is not too late for this institution to take up the responsibility of protecting Temi and to campaign for change in the NCAA.