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N.C.App.1 FALL SESSION 1972 121
Taylor v. University
CAMPBELL, Judge.
Plaintiffs contend that there was a genuine issue as to a
material fact and that a jury should determine whether Gregg
Taylor acted reasonably and in good faith in refusing to partici-pate
in the football program at Wake Forest when such par-ticipation
interfered with reasonable academic progress.
The plaintiffs' position depends upon a construction of
the contractual agreement between plaintiffs and Wake Forest.
As stated in the affidavit of George J. Taylor, the position of
the plaintiffs is that it was orally agreed between plaintiffs and
the representative of Wake Forest that:
"[I] n the event of any conflict between educational achieve-ment
and athletic involvement, participation in athletic
activities could be limited or eliminated to the extent neces-sary
to assure reasonable academic progress."
And plaintiffs were to be the judge as to what "reasonable
academic progress" constituted.
We do not agree with the position taken by plaintiffs. The
scholarship application filed by Gregg Taylor provided :
". . . I agree to maintain eligibility for intercollegiate
athletics under both Conference and Institutional rules.
Training rules for intercollegiate athletics are considered
rules of the Institution, and I agree to abide by them."
Both Gregg Taylor and his father knew that the application was
for "Football Grant-In-Aid Or A Scholarship," and that the
scholarship was "awarded for academic and athletic achieve-ment."
It would be a strained construction of the contract that
would enable the plaintiffs to determine the "reasonable aca-demic
progress" of Gregg Taylor. Gregg Taylor, in considera-tion
of the scholarship award, agreed to maintain his athletic
eligibility and this meant both physically and scholastically. As
long as his grade average equaled or exceeded the requirements
of Wake Forest, he was maintaining his scholastic eligibility for
athletics. Participation in and attendance at practice were re-quired
to maintain his physical eligibility. When he refused to
do so in the absence of any injury or excuse other than to devote
more time to studies, he was not complying with his contractual
obligations.
Object Description
| Title | North Carolina Court of Appeals Reports [v.016, Fall Session Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 16, Fall Session Session 1972. Cited as 16 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 35.8 MB; 826 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_016.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 145 |
| Full Text | N.C.App.1 FALL SESSION 1972 121 Taylor v. University CAMPBELL, Judge. Plaintiffs contend that there was a genuine issue as to a material fact and that a jury should determine whether Gregg Taylor acted reasonably and in good faith in refusing to partici-pate in the football program at Wake Forest when such par-ticipation interfered with reasonable academic progress. The plaintiffs' position depends upon a construction of the contractual agreement between plaintiffs and Wake Forest. As stated in the affidavit of George J. Taylor, the position of the plaintiffs is that it was orally agreed between plaintiffs and the representative of Wake Forest that: "[I] n the event of any conflict between educational achieve-ment and athletic involvement, participation in athletic activities could be limited or eliminated to the extent neces-sary to assure reasonable academic progress." And plaintiffs were to be the judge as to what "reasonable academic progress" constituted. We do not agree with the position taken by plaintiffs. The scholarship application filed by Gregg Taylor provided : ". . . I agree to maintain eligibility for intercollegiate athletics under both Conference and Institutional rules. Training rules for intercollegiate athletics are considered rules of the Institution, and I agree to abide by them." Both Gregg Taylor and his father knew that the application was for "Football Grant-In-Aid Or A Scholarship" and that the scholarship was "awarded for academic and athletic achieve-ment." It would be a strained construction of the contract that would enable the plaintiffs to determine the "reasonable aca-demic progress" of Gregg Taylor. Gregg Taylor, in considera-tion of the scholarship award, agreed to maintain his athletic eligibility and this meant both physically and scholastically. As long as his grade average equaled or exceeded the requirements of Wake Forest, he was maintaining his scholastic eligibility for athletics. Participation in and attendance at practice were re-quired to maintain his physical eligibility. When he refused to do so in the absence of any injury or excuse other than to devote more time to studies, he was not complying with his contractual obligations. |
