Coach false promises and possible NCAA violations

[cybtronic1]

What is the name of your state (only U.S. law)? Illinois
My son plays basketball. He was recruited by a few colleges in High school and earned free ride scholarships from Detroit and NIU universities. He went to a few Ivy League camps and Cornell, Yale and Brown had serious interest. My son’s grades were not great, so we enrolled him in a post-grad prepatory high school at Winchendon Prep. He as on his way to go to prep school and then to one of the Ivy schools. Then, in his high school graduating year, summer of 2010, my son played in his last AAU tournament. A few coaches were there, and one in particular was impressed by my son’s abilities. The coach started following my son’s every game, and talking to him and texting and calling him and later me incessantly. He invited me and my son to his college campus. He told y son that he would get 15-25 minutes of playing time in each game. He repeated this three times, in three separate instances. My son, got persuaded to forgo prep school and ivy league in lieu of this latest offer because of the high regards and promises given by the head coach to him. The year started, my son worked extra hard. He ran more, practiced more, lifted more, took more shots and stayed later than everyone. The first game, my son got sporadic 13 minutes, and was able to score 10 points, and got high regards, notice and written up by the local papers and the conference web site stating “impressive debut for a freshman…”. The next game, the home opener, my son was beyond excited, all day giddy with excitement, called me and told me how much he was looking forward to it and that he had invited everyone from his dorm. But, the game came and went, and the coach did not play my son not one minute. I was upset and so was my son. I called the assistant coach and then wrote to the head coach a long letter, trying to figure out what was the problem. He called me and we had a long discussion, in which he did not provide any reason or explanation as to why he did not play my son. He did not respond to why he promised the playing minutes during recruitment. I asked him if my son had done something wrong, he said “no, that my son was doing everything they asked of him”. The weeks went by, and my son’s playing time was a few minutes at best and many games he did not even play. My son decided to transfer out, mid season, disappointed, disgusted, broken hearted, dispirited and depressed. He doubted his abilities and completely discouraged about playing again. My son was a top 30 player in Illinois. A top 500 in the nation. A McDonald All American Nominee. A fierce competitor, written up in the Chicago sun times, tribune and Harold, and featured on a nationally televised show, CBS Stars of Tomorrow with pat summers. My son lost on a stellar career at the Ivy schools, and a tremendous opportunity to get an education from an elite school. He lost a great future thereafter. A potential of earning millions from a degree from Ivy.

Can I sue the coach, and the school that recruited my son?
1- They certainly broke some NCAA rules of recruiting.
2- They 100% lied to my son and me about his playing time and future there?

Now I come to find out that in years past, this coach has been cited with ncaa recruiting violations and so he is not stranger to deceptive practices. The potential to settle out of court to avoid more scrutiny by NCAA is there.

Please let me know if I have a case.

Thanks.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Mass_Shyster]

I predict any lawsuit would be a long, uphill battle.

You would have to show monetary damages. These are highly speculative at best.

You would also have to prove, with a preponderance of evidence, that the coach promised your son a specific amount of playing time in every game. If the coach put any qualifications on the statement, like "If he can always play like that, he'll get 20 to 25 minutes of playing time every game.", they can simply state that he didn't play that well all the time. They are also likely to say that they put qualifications on the statement, and that you and your son only heard what you wanted to hear.

A last point, you cannot sue because the coach violated NCAA recruiting guidelines. You can sue because the coach violated the law.

 

[tranquility]

Can I sue the coach, and the school that recruited my son?

While you can sue, the school will defend the coach with great lawyers, your "case" is iffy at best, will be difficult to prove and you have little in provable damages. It will cost you a lot to prosecute a thing which goes on every year in every school. Few college athletes are happy with their playing time. Fewer still get what they feel the coach promised.

Now I come to find out that in years past, this coach has been cited with ncaa recruiting violations and so he is not stranger to deceptive practices. The potential to settle out of court to avoid more scrutiny by NCAA is there.

Part of your due diligence in determining the college is checking up on the coach. The only real thing preventing coaches from lying is that it catches up with them with serious athletes. Rumors get around about coaches who don't do what they say.

Unless you have a LOT more, the NCAA will not care either.

 

[cybtronic1]

Thanks for the quick reply.

He did qualify it, although he never said that my son would not play in any game, he said it this way, “I will have 50 minutes of playing time that I will divide between three players including your son. Each player will get 15 - 25 minutes. Sometimes he will play more other times less”.

I mean even if he didn’t qualify it, I am not sure if an actual law was broken. A promise was broken based on lies by a highly reputable and visible NCAA D1 head coach. The potential future of my son has been jeopardized and the potential future earnings (hypothetically speaking) if he were to have continued on his path to the IVY. Aren’t there plenty of cases where potential earnings were rewarded because of someone or something impeded or caused the loss of such earnings?

Wouldn’t the coach and his school would want to avoid such scandals, NCAA investigations, future recruitment difficulties and just settle out of court?

Thanks.

 

[Zigner]

I'm not sure why mommy thinks she has ANY case relating to her adult son...

 

[xylene]

A potential of earning millions from a degree from Ivy.

One's degree does not earn anything.

This statement shows how impossibly far off base you are.

You have no case.

 

[tranquility]

Even if the exact words were recorded on video, it still does not a contract make. The error was in not checking up on the coach beforehand or thinking a coach is doing anything but selling his program. Everything must be checked out. A coach is allowed a bit of puffery in his salesmanship.

He did qualify it,

Hard to rely on a qualified statement.

I am not sure if an actual law was broken.

Neither am I. Best I can come up with is intentional misrepresentation. (Not that that is what it is, it's just the only thing which seems related.) What are your "damages"? What you suppose could be different is not "damages" but dreams and wishes. In this case, I am uncertain as to if a *legal* case could be made the OP's child was damaged AT ALL.

A promise was broken based on lies by a highly reputable and visible NCAA D1 head coach.

A qualified statement made by the coach has been arguable fulfilled. Even if it has not, so?

The potential future of my son has been jeopardized and the potential future earnings (hypothetically speaking) if he were to have continued on his path to the IVY.

Hypothetical damages (legally) are often called bupkis. Sure, there is a theory that maybe someone could be hurt if we could theoretically prove someone else promised differently that someday far in the future under completely different conditions completely in the OP's son's control, one path may or may not be worth more than another path as guessed at by those upset with the current path. Damages are speculative at best.

Aren’t there plenty of cases where potential earnings were rewarded because of someone or something impeded or caused the loss of such earnings?

Sometimes, if a person is injured and the path is clear, some provable "potential" earnings can be had. Lots of proof is needed and is saved for those who have already accomplished something. A college athlete with potential is just not worth anything theoretical.

Wouldn’t the coach and his school would want to avoid such scandals, NCAA investigations, future recruitment difficulties and just settle out of court?

Scandal? None here. Coaches decide who will play based on what they think today, not what was said yesterday. Pro, college, high school and club have always been the same way. Relying on such statements is a bit silly and is not actionable.

The coach will laugh at you if you threaten, the school will support the coach making his own decisions and NCAA will not do an investigation.

 

[cybtronic1]

Thanks for all of the feedback. You guys are the experts so I wont argue against the legal case here. I have seen juries award potential future earnings in physical injury cases. One could argue a psychological injury and harm was done here.

But, as to recruiting, the school and coaches are extremely conscience of their reputation. Once tarnished, the school will have a difficult time recruiting quality players.

As for the NCAA, they are vigilant and constantly pressuring schools to adhere. Once they smell something rotten, and especially from someone that had already been punished by the NCAA a few years ago, they will investigate further and inevitably find more violations than just my case. The coach and school know that, and I am contending that they will feel compelled to settle.

Due diligence was done, but not extensively. You are all correct in stating that you could never foresee what the coaches will do. The least I expected from the coach was to honor his own words. It turned out that these head coaches are as bad as some of the used car salesmen.

Buyer beware!!!

 

[Zigner]

I'll say it again:

I'm not sure why mommy thinks she has ANY case relating to her adult son...

 

[xylene]

1. The NCAA does not award personal damages.

2. Concerning damages - you are comparing apples to a room of smoke. When a person is injured, there are ways of calculating what their future earning would be. There is no way of calculating what you son would have made if he went to Harvard...

3. Zigner is right, you are parent to an adult.

 

[Zigner]

Upon further review, this COULD be "dad" - I doubt it, but it's possible.

 

[tranquility]

I have seen juries award potential future earnings in physical injury cases. One could argue a psychological injury and harm was done here.

Yes. In physical injury cases with clear liability, sometimes provable future earnings can be sued for. You have no physical injury, no clear claim of ethical or legal liability, no real way to prove the facts behind that claim of liability OR anything I see as damages. I still don't see how son suffered ANY "damages" when he was paid to play--even though he didn't.

But, as to recruiting, the school and coaches are extremely conscience of their reputation. Once tarnished, the school will have a difficult time recruiting quality players.

I agree. Lying coaches are found out and don't last that long. Word gets around. However, here, unless there are a lot of facts you aren't telling us, there is nothing to indicate lying let along an NCAA ethical violation.

Once they smell something rotten, and especially from someone that had already been punished by the NCAA a few years ago, they will investigate further and inevitably find more violations than just my case.The coach and school know that, and I am contending that they will feel compelled to settle.

You have not alleged any violations. The NCAA will find nothing rotten on your facts. The school will not settle with you for at least two reasons. One, they get such complaints every year. Two, if they settle with one, they will have to settle with everyone--they don't want to do that.

YOU (SON) WILL NOT GET A SETTLEMENT.

If you get an attorney who will file suit, the school will fight it. They will not settle. They already have attorneys on staff and hardly want to set a precedent that a player can get money if he gets less than the amount of time he thought he was promised by the coach.

OP, you are just being silly. You are upset over your choice and now you want to make an issue of it. In some mental experiment way, you can make some theoretical claims. But, that's not the way the world works. The reality of the situation and the legal and practical hurdles to such a suit makes it not worth your time to prosecute.

Please see from the NCAA bylaws "10.1 Unethical Conduct". (Even 11.1 regarding conduct by athletic personnel refers to 10.) Please, also point out the purported violation by reference:
http://www.ncaapublications.com/productdownloads/D110.pdf

 

[stealth2]

Here's what I see: a parent and their child who got caught up in all the hype and glamor of an athletic career, and are now disappointed that it hasn't worked out as they expected.

In many ways, OP, you share the blame here. Play time should be only one of the many factors that go into choosing a college. What if your son had been injured, ending his playing career forever? How good would this school have been from an educational standpoint? Y'all *chose* to forgo long-term benefits of an Ivy education for the immediate gratification of this sports program. Very, very few athletes go on to make it big; the smart ones get an education to fall back on. And, in all honesty? Of your son's grades weren't great in HS? That extra year of prep may not have been enough to help him succeed at one of the interested Ivies.

So you know, I speak as a parent of an athlete, as well as an Ivy graduate.