Byrd v. Lámar

• Decision Date: 27 September 2002
• Parties: Bernard BYRD v. Dr. Horace LAMAR et al.
• Court: Alabama Supreme Court

846 So.2d 334

Bernard BYRD v. Dr. Horace LAMAR et al.

1011068.

Supreme Court of Alabama.

September 27, 2002.

Britt S. Booth of Booth Law Offices, P.A., Montgomery, for appellant.

Stephen E. Whitehead, Heidi A. Wells, and Richard E. Trewhella, Jr., of Lloyd, Gray & Whitehead, P.C., Birmingham, for appellees.

LYONS, Justice.

Bernard Byrd appeals from a summary judgment in favor of several Alabama State University ("ASU") faculty members and the Board of Trustees of ASU. Byrd claimed that the faculty members and the Board of Trustees fraudulently represented to him the existence of a music media curriculum at ASU. We affirm the trial court's judgment in part and reverse it in part.

I. Facts and Procedural History¹

Byrd transferred to ASU from Miami-Dade Community College in the fall semester of 1995, to pursue a degree in music media. Byrd chose ASU based upon the information he had seen in ASU's "General Undergraduate Catalog, 1994-1996" (hereinafter "undergraduate catalog 1994-1996"). The catalog stated that ASU's school of music offered programs of study for students who wanted professional training in "music education, or broad-based liberal arts training with a strong emphasis in instrumental, keyboard or vocal music, or music media technology." The catalog stated that the school of music had a recording booth, "with state of the art equipment." The catalog further stated that specialized course work in the music media program would involve "basic and advanced recording, the physics of music, digital signal processing techniques, and audio production for film and video." Finally, the catalog stated that the senior-year curriculum included a music media internship and that a "complete music media laboratory contains some of the most advanced studio equipment available."

Dr. Horace Lamar, the dean of ASU's school of music, was Byrd's academic advisor at ASU. Early in his academic career, Byrd asked Dr. Lamar for permission to enroll in some of the music media courses. Dr. Lamar told Byrd that he had to complete ASU's core-requirement classes before he could take the music media courses. ASU's undergraduate catalog 1994-1996 stated: "Officially, all freshman are admitted to University College and must complete that College's requirements before entering a degree-granting program. However, students who plan to major in music are assigned a special advisor and begin taking music courses in their first semester." Dr. Lamar consented to Byrd's taking courses from the general music curriculum during his first three years at ASU; however, Byrd was not allowed to take any music media courses during his first three years.

Byrd alleges that, in 1997, he again asked Dr. Lamar for permission to enroll in a music media course. According to Byrd, Dr. Lamar told him that ASU was looking for an instructor to teach its music media courses. Byrd continued to take courses to satisfy his core requirements.

During his fourth year at ASU, Byrd became increasingly frustrated because he had not taken any of the courses listed in ASU's undergraduate catalog for students majoring in music media. In 1997, ASU revised the list of courses offered to students seeking a degree in music media. ASU's "General Undergraduate Catalog 1997-1999," listed the following courses for music media students: physics of music, basic recording, advanced recording, audio production, digital-signal processing techniques for musicians, music business survey, practicum in recording, internship, creative projects, and recital media. Byrd had not taken any of these courses by his fourth year at ASU.

According to Byrd, in February 1999, Carol Porter, an instructor in the music department, told Byrd that she had talked with Dr. Lamar about the music media curriculum because she was interested in several of the music media courses listed in ASU's catalog and "wanted to learn about that field as well." Porter told Byrd that Dr. Lamar told her that "he was just bull* * * *ting [Byrd] and [Erin Caudill, another music media student] about the music media program." Byrd immediately met with Dr. Lamar and voiced his concerns that he had not taken any music media courses. According to Byrd, Dr. Lamar told him that, although the sequence in which courses were to be taken had changed, Byrd could still take the necessary music media courses to graduate in May 2000. Dr. Lamar also told Byrd that he would arrange for Byrd to take the "basic recording" course during the 1999 spring semester. According to Byrd, the instructor for the "basic recording" course, Ralph Chapman, did not appear in class until four weeks into the semester; when he did appear, he offered to give Byrd and the other music media students in the class a grade for the course, even though they had done nothing to earn it.

Byrd wrote letters to Dr. Lamar, the dean of the school of music; Dr. Roosevelt Steptoe, the vice president of academic affairs; Dr. Jacqueline Williams, the vice president of student affairs; and Dr. William Harris, the president of ASU, stating that he did not understand why the courses in his music media major were not being taught at ASU and that he had been misled about the status of his degree program. In a letter to Byrd, Dr. Steptoe acknowledged receiving Byrd's letter, and he suggested that Byrd maintain his communication with Dr. Lamar during the completion of his studies at ASU. Byrd met with Dr. Steptoe shortly after he received Dr. Steptoe's letter. According to Byrd, Dr. Steptoe apologized for the fact that the instructor for the "basic recording" course had offered to give the students a grade that they had not earned, and he promised to offer more music media courses in the near future.

On May 4, 1999, Dr. Lamar mailed Byrd a memorandum listing the music media courses required for Byrd to graduate and indicating when those courses would be offered. The memorandum stated that "basic recording" and "practicum in recording" would be offered in the 1999 fall semester, "advanced recording, audio production, and an internship" would be offered in the 2000 spring semester, and "digital signal processing" and "recital" would be offered in the 2000 summer semester.

In the fall semester of 1999, Byrd enrolled in the basic recording and practicum in recording courses. According to Byrd, no instructor appeared on the first day of classes to teach the courses. Byrd alleges that about five weeks into the semester, Ron Handy, an instructor in the music department, told Byrd that Dr. Lamar asked him to show Byrd "some things in the music recording area." According to Byrd, Handy told him that ASU's music-recording equipment was outdated. Handy showed Byrd ASU's recording studio. According to Byrd, there were boxes all over the floor and most of the equipment in the studio did not work.

Although Handy agreed to bring some equipment from his home to his office to show Byrd "what he knew about music recording," according to Byrd, Handy told him that he did not have the credentials to teach either the basic recording course or the practicum in recording. Byrd alleges that Handy told him that he would show Byrd how to "break down a computer, take the cords off the computer and take the cords off [Handy's] mixer, and show Byrd the sequencing" on his computer. Handy told Byrd that if he could put the computer back together, Handy would give Byrd a passing grade for both courses. Byrd refused to accept Handy's offer.

Byrd alleges that between the 1999 spring semester and the 1999 fall semester, three ASU music professors—Ron Handy, Tony Van Free, and Doug Bristol—told him that the music media program had been discontinued several years before Byrd enrolled at ASU. Those music professors also told Byrd that ASU did not have a qualified music instructor to teach the music media courses. Byrd, frustrated because he was unable to complete the courses in his music media major, decided to withdraw from ASU in the spring semester of 2000, without completing his degree.

Byrd met with Dr. Williams, the vice president of student affairs, to obtain her signature on his withdrawal form. Byrd testified that Dr. Williams told him that she had heard about him, and she acknowledged receiving his letter regarding the music media program. Byrd testified that Dr. Williams told him that she had talked with Dr. Harris, the president of ASU, about Byrd. According to Byrd, both she and Dr. Harris "pointed fingers" at Dr. Steptoe, the vice president of academic affairs. Dr. Williams asked Byrd to talk with Dr. Steptoe once more before he withdrew from school. Dr. Williams telephoned Dr. Steptoe and scheduled an appointment for Byrd.

Byrd testified that during his meeting with Dr. Steptoe, Dr. Steptoe admitted that there was no music media program at ASU and stated that other schools offered programs in their catalogs that they were not actually able to make available to students. Byrd testified that Dr. Steptoe offered to "strike a deal" with him. According to Byrd, Dr. Steptoe told Byrd, who had at this time hired an attorney, that if he "dropped" his lawyer Byrd would be given "transportation, somewhere to stay, free schooling, and free room and board." Byrd also testified that Dr. Steptoe offered to provide the cost of tuition for Byrd to complete a music media program at another college. Byrd withdrew from ASU during the spring semester of 2000. Byrd testified that he did not know whether any music media courses were offered during the spring semester of 2000.

Byrd sued ASU, and Dr. Lamar, Dr. Steptoe, Dr. Harris, Dr. Williams (hereinafter referred to collectively as "the ASU defendants"), and the Board of Trustees of ASU, all in their individual and official capacities, alleging breach of contract and fraud. The trial court dismissed Byrd's claims against ASU, his breach-of-contract claim, and his claims against Dr. Lamar, Dr. Steptoe, Dr. Harris, Dr. Williams, and the members of the Board...