Taylor v. Wake Forest Univ. - 16 N.C. App. 117, 191 S.E.2d 379 (1972)

Rule:

Plaintiff failed to comply with his contractual obligations where he had agreed, in consideration of a scholarship award by defendant university, to maintain his athletic and scholastic eligibility for playing football, but refused to attend practice sessions in order to devote more time to his studies; since defendant university fully complied with its agreement, but plaintiff failed to do so, there was no genuine issue of material fact and summary judgment was properly entered.

Facts:

Gregg Taylor was awarded an athletic scholarship by the university. After one semester of academic ineligibility, Gregg received grades sufficient to resume athletics but refused to participate in the football program. The university terminated his scholarship at the end of his sophomore year. This action was instituted for the recovery of educational expenses incurred by Gregg and his father.

Issue:

Was there a genuine issue as to a material fact and that a jury should determine whether Gregg acted reasonably and in good faith in refusing to participate in the football program at Wake Forest when such participation interfered with reasonable academic progress?

Answer:

No

Conclusion:

The court held that there was no error in granting the university's motion for summary judgment. Specifically, the court rejected Gregg’s claim that there was a genuine issue as to a whether he  acted reasonably and in good faith in refusing to participate in the football program when such participation interfered with reasonable academic progress. In consideration of the scholarship award, Gregg agreed to maintain his athletic eligibility and this meant both physically and scholastically. As long as Gregg’s grade average equaled or exceeded the requirements of the university, he was maintaining his scholastic eligibility for athletics. When Gregg refused to meet the physical requirements in the absence of any injury or excuse other than to devote more time to studies, he was not complying with his contractual obligations.