Bell v. Univ. of Hartford

• Court: U.S. District Court — District of Connecticut
• Writing for the Court: Michael P. Shea, U.S.D.J.
• Citation: Bell v. Univ. of Hartford, 577 F.Supp.3d 6 (D. Conn. 2021)
• Decision Date: 22 December 2021
• Docket Number: 3:21-cv-0934 (MPS)
• Parties: Malcolm BELL, Kaleigh Fitzgerald, Jessica Harrison, Wyatt Leto, Briggs McClain, Thomas Summers, Thomas Webley, Milena Wilton, Samantha Borges, and Anthony Mendez, Plaintiffs, v. The UNIVERSITY OF HARTFORD, the Board of Trustees of the University of Hartford, and Gregory S. Woodward, Defendants.

577 F.Supp.3d 6

Malcolm BELL, Kaleigh Fitzgerald, Jessica Harrison, Wyatt Leto, Briggs McClain, Thomas Summers, Thomas Webley, Milena Wilton, Samantha Borges, and Anthony Mendez, Plaintiffs,

v.The UNIVERSITY OF HARTFORD, the Board of Trustees of the University of Hartford, and Gregory S. Woodward, Defendants.

No. 3:21-cv-0934 (MPS)

United States District Court, D. Connecticut.

Signed December 22, 2021

Brian D. Rich, Daniel J. Krisch, Matthew S. Necci, Halloran & Sage, LLP, Hartford, CT, for Plaintiffs Malcolm Bell, Kaleigh Fitzgerald, Jessica Harrison.

Daniel J. Krisch, Halloran & Sage, LLP, Hartford, CT, for Plaintiff Thomas Summers.

Kathleen Elizabeth Dion, Sandra Marin Lautier, Robinson & Cole, LLP, Hartford, CT, for Defendants University of Hartford, Board of Trustees of the University of Hartford.

RULING ON MOTIONS TO DISMISS

Michael P. Shea, U.S.D.J.

This case is a reminder that a college coach's recruiting pitch to a talented high school athlete provides no guarantee that her dreams of glory will be realized. Plaintiffs are student-athletes and student-managers on intercollegiate athletic teams at the University of Hartford. They have brought suit against the University, its Board of Regents, and its President (collectively referred to as "Defendants") for claims stemming from the Board's vote to transition the University's athletic programs from Division I to Division III of the National Collegiate Athletic Association ("NCAA"). Specifically, Plaintiffs allege various common law claims of misrepresentation and breach of contract based on statements the Defendants allegedly made to them at the time they chose to enroll about what their collegiate athletic experience would look like at the University.¹ Plaintiffs also seek an injunction to prevent the University from transitioning to Division III. Defendants move to dismiss the Plaintiffs’ Second Amended Complaint ("SAC") and Supplemental Complaint in their entirety. I heard oral argument on December 20, 2021. For the following reasons, I grant in part and deny in part Defendants’ motion to dismiss.²

I. FACTUAL BACKGROUND

The following facts are drawn from the Plaintiffs’ SAC, ECF No. 30, and the Plaintiffs’ Supplemental Complaint, ECF No. 35, and are accepted as true for the purposes of this ruling.

A. The University of Hartford

"The University of Hartford is a four-year private, non-profit university founded in 1957." ECF No. 30 ¶ 12. The University of Hartford Board of Regents ("Board") "is the governing body of the University," "has sole fiduciary responsibility for the University[,] and oversees all matters of basic policy for the University." Id. ¶ 13.

B. Divisions in the NCAA

In 1973, the NCAA placed each of its member schools into one of three divisions—Division I, Division II, or Division III—"to align like-minded campuses in the areas of philosophy, competition and opportunity." Id. ¶¶ 17–18. Generally, Division I schools "provide athletic scholarships and educational grants-in-aid to student athletes," "have the biggest student bodies, manage the largest athletics budgets, and have the most successful athletic programs." Id. ¶¶ 19–20. "Division III schools do not provide athletic scholarships and educational grants-in-aid to student athletes." Id. ¶ 21.

Member schools can transfer from Division I to Division III "by submitting an application for reclassification to the Division III Membership Committee by January 15^th of a given year." Id. ¶¶ 99–100. "The Membership Committee must approve an application for reclassification submitted by a school that satisfies the standards required for provisional applicants." Id. ¶ 101. Starting September 1^st after approval, the school becomes a "reclassifying member of Division III" for three years and then becomes "eligible for active membership in Division III." Id. ¶¶ 102–03. Beginning with the first year as a reclassifying member, a school may not award athletic financial aid to incoming students. Id. ¶ 104. During the second year, a reclassifying member may not participate in the NCAA championships. Id. ¶ 105. During the third year, a reclassifying member "may not award athletically related financial aid to any student (unless the school previously did so and the student no longer participates in intercollegiate athletics)." Id. ¶ 106 (emphasis omitted).

C. The University's Sponsorship of Division I Sports

The University became a member of the NCAA in 1962, Division I in 1984, and the America East Conference ("AEC") in 1985. Id. ¶¶ 16, 22. Currently, the University sponsors seventeen interscholastic sports in Division I. Id. ¶ 16. "The University provided nearly $6.5 million in financial aid to its student-athletes in fiscal year 2019 [and] over $6.8 million in fiscal year 2020." Id. ¶ 24. In fiscal year 2021, the University "expects to provide nearly $6.8 million." Id.

Previously, "[t]he University has won conference championships in baseball, women's basketball, men's basketball, women's golf, men's golf, men's lacrosse, women's soccer, men's soccer, and volleyball." Id. ¶ 23. The University "has [also] competed in NCAA championships for baseball, women's basketball, men's basketball, women's golf, men's golf, men's lacrosse, women's soccer, men's soccer, women's track and field, men's track and field, and volleyball." Id. The University's athletics program "has produced fourteen professional athletes, including Major League Baseball All-Star Jeff Bagwell, National Basketball Association All-Star Vin Baker, and two-time Professional Golf Association Tour winner Jerry Kelly." Id.

D. The University's Recruitment of the Plaintiff Student-Athletes and Student-Managers

i. Plaintiff Malcolm Bell

Malcolm Bell is senior on the University's men's lacrosse team and receives a partial athletic scholarship from the University. Id. ¶¶ 2, 30. The University, through its men's lacrosse coaching staff, and other schools such as Stony Brook University, Wingate University, University of Michigan, and University of Massachusetts-Amherst recruited Bell to play Division I lacrosse. Id. ¶¶ 26, 29. Bell visited the University on July 18, 2017, and during that visit, the head men's lacrosse coach, Ryan Martin, informed Bell that:

• "[P]laying lacrosse at the University was a four year commitment";

• "[Bell] would be held to expectations as a ‘Division I athlete’ for those four years"; and

• "[P]laying lacrosse at the University would allow him to compete for conference and NCAA championships."

Id. ¶¶ 27–28. The men's lacrosse coaching staff "never informed [Bell] that [the University] might transition to Division III." Id. ¶ 26. Bell alleges that he "relied on the University's Division I status, continuing representations about that status, and the specific statements made to him by Martin when he decided to attend the University." Id. ¶ 31. Although Bell is a senior, he has two years of athletic eligibility remaining due to COVID-19. Id. ¶ 32.

ii. Plaintiff Kaleigh Fitzgerald

Kaleigh Fitzgerald is a sophomore on the University's volleyball team and does not receive athletic financial aid from the University. Id. ¶¶ 3, 39. The University, through its volleyball coaching staff, and other schools such as Hofstra University and Iona University, recruited Fitzgerald to play Division I volleyball. Id. ¶¶ 34, 38. In April 2020, head volleyball coach, Vinh Nguyen, "told Fitzgerald that the University was recruiting her as defensive player for the ‘next four years.’ " Id. ¶¶ 35–36. The coaching staff "told her it was a four-year commitment" and "never informed her that [the University] might transition to Division III." Id. ¶ 34. In May 2020, "Fitzgerald committed to attend the University," and in making the decision, she "relied on the University's Division I status, continuing representations about that status, and the specific statements, made to her by Nguyen." Id. ¶¶ 37, 40. Fitzgerald still has four years of athletic eligibility because of COVID-19. Id. ¶ 41.

iii. Plaintiff Jessica Harrison

Jessica Harrison is a senior on the University's women's lacrosse team and receives a partial athletic scholarship and academic aid from the University. Id. ¶¶ 4, 50. The University, through its women's lacrosse coaching staff, and other schools such as George Washington University, East Carolina University, and University of Oregon recruited Harrison to play Division I lacrosse. Id. ¶¶ 43, 49. In December 2016, Harrison visited the University, and during that visit, the head coach of the women's lacrosse team, Meg Decker, and the assistant athletic director, Holly O'Brien made the following statements to her:

• The University had a three-year plan and a five-year plan for the team starting in 2018;

• Under the three-year plan, "the team would begin to ‘make a mark’ in the America East Conference" by 2020; • Under the five-year plan, "the team would ‘try and win’ the America East Conference title" by 2022; and

• "[T]he University was in the planning process of redoing the athletic facilities and would be breaking ground on a new indoor turf facility in 2022-2023."

Id. ¶¶ 44–47. Through April 2021, Decker repeated these points during practices and the team's end of year meeting. Id. ¶ 48. When deciding to commit to the University, Harrison alleges that she "relied on the University's Division I status, continuing representations about that status, and the specific statements made to her by Decker and O'Brien." Id. ¶ 51. The coaching staff told Harrison that "it was a four-year commitment" and "never informed her that [the University] might transition to Division III." Id. ¶ 43. Harrison has two years of athletic eligibility remaining due to COVID-19. Id. ¶ 52.

iv. Plaintiff Wyatt Leto

Wyatt Leto is a sophomore on the University's men's soccer team and receives a partial academic scholarship from the University. Id. ¶¶ 5, 60. The University, through the men's soccer coaching staff, and other schools, such as Colgate University and Northeastern University, recruited...