UNC asks that student-athlete suit be dismissed

Posted April 23, 2015

— Lawyers for the University of North Carolina at Chapel Hill on Thursday asked that a lawsuit filed by former student-athletes be dismissed, laying out a number of legal arguments that, in essence, questioned the validity of the students' right to sue.

Four men and women who played for the Tar Heels are suing the university for breach of contract, among other things, arguing that it failed to provide them with a promised education.

Michael McAdoo, a former football player, and Kenya McBee, a former basketball player, filed the suit in November, seeking class-action status for other athletes who would join their case.

In a 38-page memo submitted Thursday to the U.S. District Court for the Middle District of North Carolina, UNC lawyers detailed five reasons they believe McAdoo and the other do not have standing to sue.

They questioned first whether the case had the right components to be considered in federal court.

"Plaintiffs have brought six claims arising under state law, and the case presents no questions of federal law," the attorneys wrote.

They also argued that North Carolina, as represented by the state university system, has immunity from such claims and that the former students had waited too long to file suit.

McAdoo and the others base their suit on the claim that coaches and others, in the athletic recruiting process, promised them an education. Then, once the students enrolled, "the University allegedly funneled student-athletes into non-rigorous classes 'designed to provide virtually no education,'" according to the lawsuit.

The former student-athletes are asking both that the university reimburse them for their losses and that it guarantee future scholarships for four years. They are also asking the court to provide oversight of the curriculum and course selection for all student-athletes for five years.


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  • Ty Rammstein Apr 24, 2015
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    way before the student athletes got to UNC they were told they were special and rules did not apply to them. once at UNC the university took that way above the normal spoiled athlete regime. it is time we hold all students to the same rules. it is time form grade 8 we tell students that an education matters and that grades matter and sports are not most important. and after we say all that we act in ways that prove our words. the university is complicit in these students not getting an education and are trying to squirm out of their responsibility via technicalities.

  • Abrams Gunner Apr 24, 2015
    user avatar

    View quoted thread

    Yea, lets not hold adults responsible for themselves.

  • Abrams Gunner Apr 24, 2015
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    Michael McAdoo was ruled permanently ineligible in 2011 for academic violations and wasn't drafted by the NFL. No sympathy for this clown.
    Kenya McBee and Leah Metcalf didn't make the WNBA and James Arnold failed to make the NFL. You should have controlled your own destiny.

  • Marcy Lyn Apr 24, 2015
    user avatar

    Too wrapped up in PLAYING they didn't bother to question that fact they were not actually taking classes, doing homework, studying ? Oh, that's right blame it on someone else.

    When I was in High School, Middle School, I knew I had to study to make the test grades and what classed I needed to get through to the next grade. In College I knew what direction I wanted to go after college and knew the classes required to graduate for that curriculum.

    Who is to ultimately at fault for not watching our for their own future ?

  • Chris VanderHaven Apr 24, 2015
    user avatar

    "You can lead athletes to books, but you can't make them study."

    No, but if you give them fake grades and they can't get a job, then you should be sued.

  • Al Carson Apr 23, 2015
    user avatar

    You can lead athletes to books, but you can't make them study.

  • Sammy Macloud Apr 23, 2015
    user avatar

    how much MONEY have they already made based on their affiliation w/ UNC athletics?????

    Can you say FRIVOLOUS LAWSUIT??? Always want something for nothing......smh