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I have a hard time believing that the academy changed the conditions on Waudby. if they did, then i don't think he should he held liable. however, i can not provide a link since my assertions are based on my experiences as a cadet and discussion with current and past football players and other cadets.
i imagine the lawyer was referring either to the fact that Waudby had to take the run, as opposed to the bike, test in his spring semester, or the fact that Waudby was not given the option to serve in the military rather than pay back the tuition.
as stated earlier, i have a hard time believing Waudby would not be aware of the fact that he had to take the run test in the spring of his senior year. all of my friend who play football know they have to, and have known since they entered the academy (Waudby was here for my first two years at the academy, so there was some overlap).
with respect to Waudby not being allowed to serve in the military, rather than pay back the tuition i can not say or certain why this was. however, passing the physical fitness test is a requirement the army has for those wishing to enter the army, so if Waudby could not pass the test, then i imagine the army would not accept him. of course i am not the authority on this, nor do i speak for the academy. my assertions are based on anecdotal evidence, but i have a hard time believing that the standards were changed on or for Waudby.