Problem: Duke University Breached Its Contract with a Student?

Andrew Giuliani (son of former New York mayor, Rudy Giuliani) was recruited by Coach Rod Myers to play golf at Duke University. Coach Myers allegedly said that Giuliani would be given "life-time access" to Duke's "state-of-the-art" training facilities when he became a Duke alum, and that he would be able to compete for the opportunity to play against the best golfers in the NCAA. Giuliani said those promises and others were instrumental in his decision to attend Duke. Giuliani alleged that Duke "promised to provide [Mr. Giuliani] with various educational services, lodging, and a right of access to the Athletic Department's Varsity program and facilities." Coach Myers unexpectedly passed away in the spring of 2007 and Coach O.D. Vincent took over. Vincent decided to cut the squad in half and announced that he was canceling Giuliani's golf eligibility. Vincent pointed to several incidents of alleged bad behavior by Giuliani. Vincent then presented Giuliani with a written agreement setting out the steps that would have allowed Giuliani to rejoin the team. Giuliani refused to sign the agreement. Giuliani then filed a breach of contract suit against Duke University and Vincent.

Questions

1. Giuliani claimed that his contractual right to play golf at Duke was based on

(a) Coach Myers's oral statements and

(b) Duke's Student-Athlete Handbook, the Duke Student Bulletin, the Duke Athletic Policy Manual, and the NCAA Division I Manual. Giuliani lost the case. Why did the Court reject Giuliani's contract claims?

2. Could you successfully sue your university for breach of contract if you were dismissed from school because of low grades? Explain. See, for example, Bissessur v. The Indiana University Board of Trustees, 581 F.3d 599 (7th Cir. 2009).