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TAYLOR & TAYLOR v. WAKE FOREST UNIVERSITY
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Transcript
TAYLOR & TAYLOR v. WAKE FOREST UNIVERSITY
Prior History
Personal Opinion
I agree with the court's decision...
- Football coaches at WFU were in communication with Gregg Taylor soliciting his enrollment at WFU as early as December 1965.
- On 27 February 1967, Gregg and his father submitted application entitled, "ACC Application For A Football Grant-In-Aid Or A Scholarship." which WFU university accepted on 24 May 1967.
- At the time the contract was entered into, WFU did not have a written Grant-In-Aid policy.
- In this policy it was stated that financial aid could be terminated for "refusal to attend practice sessions or scheduled work-out that are part of the athletic program or to act in such a manner as to disrupt these sessions."
- In compliance with contract, Gregg became a student at WFU in 1967 and participated in the football program during the Fall of 1967.
Case Summary
- This action was instituted for the recovery of educational expenses incurred by George Taylor, father, and Gregg Taylor, son, after alleged wrongful termination of an athletic scholarship issued to Gregg Taylor by Wake Forest University.
- The defendant WFU moved for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure on the ground that there was no genuine issue as to any material fact and that the defendant was entitled to judgment as a matter of law. This motion was allowed, and the plaintiffs appealed.
Plaintiff Argument
Court's Decision & Rationale
#1: Student claimed that there was a genuine issue as to whether the student acted reasonably and in good faith in refusing to participate in the football program when such participation interfered with reasonable academic.
- The court affirmed the judgement in favor of the university.
- Plaintiff failed to comply with his contractual obligations where he had agreed, in consideration of a scholarship award by defendant university, to maintain his athletic and scholastic eligibility for playing football, but refused to attend practice sessions in order to devote more time to his studies; since defendant university fully complied with its agreement, but plaintiff failed to do so, there was no genuine issue of material fact and summary judgment was properly entered.
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