George v. The George Wash. Univ.
| Docket Number | Civil Action 22-896 (BAH) |
| Decision Date | 27 May 2022 |
| Parties | PATRICK GEORGE, Plaintiff, v. THE GEORGE WASHINGTON UNIVERSITY, Defendant. |
| Court | U.S. District Court — District of Columbia |
Seeking to undo The George Washington University's (“GW”) decision-announced nearly two years ago and implemented nearly ten months ago-to transition its men's rowing team from a varsity to a club sport plaintiff Patrick George, a senior at GW and captain of its men's rowing team, moves for a preliminary injunction under Federal Rule of Civil Procedure 65 to reinstate his team's varsity status. See Pl.'s Mot Preliminary Injunction (“Pl.'s Mot.”), ECF No. 10; Pl.'s Mem. Supp. Mot. Preliminary Injunction (“Pl.'s Mem.”), ECF No. 10-1. On April 7 2022, the Court denied identical relief after a contested hearing extending for close to two hours on plaintiff's emergency motion for a temporary restraining order. See Min. Entry (April 7, 2022). GW opposes plaintiff's request for a preliminary injunction. See Def.'s Opp'n Pl.'s Mot. Preliminary Injunction (“Def.'s Opp'n”), ECF No. 14. As explained below, this Court again finds that plaintiff has failed to show both a likelihood of success on the merits and that he will suffer irreparable harm absent injunctive relief and therefore denies plaintiff's motion for a preliminary injunction.
Pertinent factual and procedural background for resolution of the pending motion is set out below.
As alleged in the Complaint, in April 2018, plaintiff, a British citizen, accepted an offer from Mark Davis, who was then the head coach of the GW men's rowing team, “to join the GW Men's Rowing Team and attend GW as an undergraduate student athlete.” Compl. ¶ 29, ECF No. 1-1. Plaintiff's acceptance of this offer followed assurances from Davis that, although he could not guarantee plaintiff a scholarship for his freshman year, plaintiff could “earn scholarships for the remaining years of his eligibility” as a member of the rowing team. Id. ¶ 28. As head coach, “GW granted [Davis] . . . the authority to recruit student athletes for the Men's Rowing Team.” Decl. of Mark Davis (“Davis Decl.”) ¶ 4, ECF No. 10-3. Davis avers that, when he recruited plaintiff, “it was understood that if [plaintiff] committed to GW, he would have a spot on the varsity Men's Rowing Team for as long as he was eligible under NCAA rules, so long as he performed well and stayed out of trouble.” Id. ¶ 10.[1] Plaintiff similarly explains that he “understood GW's offer . . . to be that if [he] performed well and otherwise followed all rules, [he] would be guaranteed a spot on the Men's Rowing Team for all four years of [his] eligibility.” Decl. of Plaintiff Patrick George (“Pl.'s Decl.”) ¶ 8, ECF No. 10-4.
Plaintiff enrolled at GW in the fall of 2018. Compl. ¶ 32. During his second semester on campus, around February or March 2019, plaintiff alleges that he accepted scholarship offers of $60, 000 for his sophomore year and $70, 000 per year for both his junior and senior years. Id. ¶¶ 35, 38.
Plaintiff's acceptance of these scholarships was thereafter memorialized in an annual “Athletics Financial Aid Agreement” stating that “this document is the only binding agreement between the University and [plaintiff]” and that “[c]oaches and other university employees cannot obligate the University beyond this agreement.” First Decl. of Tanya Vogel, GW Athletics Director, (“First Vogel Decl.”), Ex. A, June 11, 2019 Athletics Financial Aid Agreement, ECF No. 6-1; Id., Ex. B, June 3, 2020 Athletics Financial Aid Agreement. Plaintiff has received from GW the agreed-to scholarship awards for each of these academic years. Compl. ¶¶ 41, 59, 72.
In January 2020, Eric Gehrke succeeded Davis as head coach of the GW men's rowing team. Id. ¶ 43. Two months later, in March 2020, the emergence of the COVID-19 pandemic forced the cancellation of the men's rowing season. Id. ¶ 44. To compensate for the suspended seasons, the NCAA chose to “extend all collegiate athletes' eligibility for one year.” Id. ¶ 45.[2]Varsity athletes could traditionally only compete with their teams for four years. Decl. of Eric Gehrke (“Gehrke Decl.”) ¶ 13, ECF No. 10-2. Under the pandemic-driven modification to NCAA eligibility rules, qualifying athletes were now allowed to compete for five years to make up for the seasons cut halfway through the 2019-2020 academic year. Id. ¶¶ 13-14. In a May 2020 meeting with the men's rowing team, Gehrke conveyed that not all team members would be able to row a fifth year pursuant to the NCAA's eligibility extension. Id. ¶ 20. Gehrke further explained to the team that “use of [the] 5th year does not guarantee previous scholarship[s] and will be discussed on an individual basis, ” and that those interested in rowing for an additional year “would need to discuss what they wanted to do during their fifth year; potential graduate or certificate programs that might be available; and the cost of those programs.” Id. ¶¶ 20-21.
Over two months later, on July 31, 2020, GW announced that men's rowing would no longer be part of its varsity roster and instead become a club sport. See Compl. ¶¶ 51-52.[3] This transition was not scheduled to take effect for another year until after the conclusion of the 20202021 academic year, thereby providing any affected students with sufficient notice should they “choose to transfer to another institution.” Compl., Ex. 2, July 31, 2020 Email to University Community, at 2. GW made clear at the time of this announcement that “[a]ll existing athletics scholarship aid will continue to be awarded to the affected student-athletes through their graduation.” Id.
GW's decision to transition men's rowing and other teams out of the varsity program stemmed from “growing financial concerns” and the “projected financial impacts of COVID-19, ” which in July 2020 were on track to “create a significant gap between expected revenues and expenses of at least $200 million” for the university. Id. at 1. According to GW Athletics Director Tanya Vogel, based on those financial concerns, possible changes to GW's athletic offerings were then assessed through a holistic review of “multiple criteria, including: (i) impact of gender equity and Title IX compliance; (ii) sponsorship of the sport at the NCAA Division I level; (iii) number of teams competing nationally in the sport; (iv) GW history of the program; (v) prospects for future success at GW; (vi) community engagement level and potential the sport brings to the University; (vii) potential expense savings if the sport were discontinued; (viii) investments required to keep the program at, or bring the program to, the desired level of excellence; and (ix) for non-NCAA teams like men's rowing, whether they had the ability to continue operating as GW club programs in the same or similar competitions moving forward.” Second Decl. of Tanya Vogel (“Second Vogel Decl.”) ¶ 24, ECF No. 14-1. Recognizing that the men's rowing team could “continue to compete in the same or similar conferences against the same competition that [it] did as [a] varsity program[], ” GW committed to support the team in its transition to a club sport. Compl., Ex. 3, FAQ Regarding University Efforts Streamlining GW Athletics, at 2.
In the fall of 2020, plaintiff was elected by his teammates to serve as captain of the men's rowing team for its final varsity season. Compl. ¶ 63. He subsequently led unsuccessful efforts to lobby the GW administration and Board of Trustees to maintain the team's varsity status. See id. ¶¶ 64-65, 69, 73-77; see also Pl.'s Decl. ¶¶ 36, 38, 42. On July 1, 2021, the changes to GW's athletics program announced a year earlier became effective and the men's rowing team officially became a club sport. Pl.'s Decl. ¶ 35. As a club sport, the team is unable “to compete at any IRA sanctioned event, ” including the IRA National Collegiate Championship Regatta set for June 2022. Compl. ¶ 79. In March 2022, plaintiff “filed an exception request with the IRA” seeking to allow his team's participation in the upcoming June 2022 regatta even though it was now only part of GW's club sports program. Id. ¶ 81. The IRA denied this request because “the Men's Rowing Team no longer satisfied the ‘varsity status' requirement under the IRA's Constitution.” Id. ¶ 82.
Notwithstanding the GW men's rowing team's status change from varsity to club, plaintiff has continued to row and compete at the intercollegiate level as team captain. On April 2, 2022, for instance, plaintiff led the GW men's club rowing team in a race against Georgetown University's varsity men's rowing team that kicked off the team's 2022 season. Id. ¶ 83.
Plaintiff is set to graduate from GW at the conclusion of the current academic year. Transcript of TRO Hearing (April 11, 2022) (“TRO Hr'g Tr.”) at 27:21-25, ECF No. 9. The record provides no indication that plaintiff will remain enrolled at the University as a graduate student or in any other capacity during the upcoming 2022-2023 academic year.
On April 1, 2022, almost two years after GW announced that the men's rowing team would become a club sport, plaintiff initiated this litigation in D.C. Superior Court, after which GW promptly removed the case to this Court, invoking diversity jurisdiction under 28 U.S.C. §1332(a)(2). See generally Notice of Removal, ECF No 1. Plaintiff's complaint asserts three claims against GW (1) breach of contract (Count I), Compl. ¶¶ 87-94; (2) fraud (Count II), id. ¶¶ 95-101; and (3) a violation of the D.C. Consumer Protection Procedures Act, D.C. Code §§ 283901 et seq., (Count III), id. ¶¶ 102-106. As relief, plaintiff seeks a “permanent injunction ordering GW to immediately...
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