Posted on 07/24/2008 9:52:41 AM PDT by Rebelbase
But New York City's former first son is swinging back hard.
Late Wednesday, his attorneys filed a federal lawsuit in North Carolina, contending the university has violated its obligations to him as a student-athlete and demanding he be invited back to Duke's state-of-the-art golf-training facility.
(Excerpt) Read more at newsday.com ...
He's currently in California making some motions in an old suit.
While he’s at it, he might as well sue for not being offered a position as starting forward on the basketball team as well.
This is probably an even bigger issue if there is an athletic scholarship involved.
I have no idea if this suit has any merit based on the facts, but based on everything I know about that big-time racket known as the National Collegiate Athletic Association I'd say this guy has every right to pursue all legal avenues to restore his spot on the team.
The coach, who was planning on downsizing the team, encouraged (or required?) other teammates to harass Giuliani—that is,
they were to help out with eliminating their competition for remaining places on the team. Their own chances of being on the team might be affected by whether the coach thought they were being effective in harassing Giuliani.
Giuliani was also required to get letters supporting him from all the other team members; if even one didn’t respond, he would be eliminated from the team.
After one player sent such a letter, praising Giuliani, the coach said it wasn’t supportive enough to count.
And so on.
It also tried to get him to sign waivers of his rights, which they claimed (falsely?) were not legal documents;
and when he refused to sign, he got more harassment.
There are all sorts of ways in which coaches try to get rid of team members; but I would think that Duke would have been especially careful after the lacrosse incident to tread the straight and narrow legal line. Instead, the coach (and his superiors at the school) appear to have been heavy-handed and bludgeoned the other teammates into compliance; and perhaps tried to pull some odd moves with regard to legal waivers.
So, Duke can now shell out even more bucks for lawyers.
I’m sure the Duke Board of Trustees and the alumni must be pleased that a trainload of Duke’s money will be going to pay attorney fees.
It seems more than just a coincidence that the new coach of the team did this, just as AG is entering his senior year in college. There is more here than meets the eye—obviously.
Why can’t a coach simply CUT a college player? Is this illegal now, since it might hurt his f-f-f-feelings? Have we slipped that far already?
“Why can’t a coach simply CUT a college player? Is this illegal now, since it might hurt his f-f-f-feelings? Have we slipped that far already?”
If the school induced a player to attend there, based on promises of being on the team, lifetime use of facilities, lifetime support, etc.; and the player then pays the school $200,000 for his four years; and then is cut from the team so that he loses his final year of eligibility and loses his lifetime support and use of training facilities, etc.—
he may have a case, because the school sought him, and made him promises to get him, which it then broke.
Looks like the kid got his ticket punched by some jerk, but so what? He isn’t the first one, and won’t be the last one either! Sounds like he needs to get a life and move on. Duke sucks anyway, this just helps prove it.
So players can’t be cut from any sport, ever? (Well, other than for conduct unbecoming, etc) That just doesn’t ring true to me. Players who were recruited are cutt all the time. Just as players cannot guarantee championships, schools cannot guarantee lifetim benefits. What each offers the other is the OPPORTUNITY, IMHO.
“It sounds like Andrew is guilty of being the son of a Republican.”
I thought it said his Dad was Rudy Giuliani?
Surely they're used to that sort of thing by now. If all you say is true, the coach is an idiot...having said that, in the wake of the lacrosse fiasco, I'd also have to question the intelligence of any student athlete who would choose Duke.
Let's just suppose the coach is a die hard leftist and had a hard-on for Junior Giuliani, simply because he was the son of an alleged Republican...how desireable would that spot on the golf team be anyways? Especially when a number of your team mates have been willing to cave to pressure in getting you kicked off...
Then why did the coach not just ‘cut’ him as you say? Why not just announce, “I am shrinking the team, Giuliani, your cut.” If as you say there was no contract, why not just cut him? Why did the Coach come up with this letter writing idea and other strange actions, expell him, and bar him from the training facility of which he was promised lifetime use as an inducement for chosing Duke?
Link to Lawsuit:
http://www.wral.com/asset/news/state/2008/07/24/3262235/Andrew_Giuliani_vs_Duke.swf
Nobody seems to notice this story was written by the sneering little RAT Ellis Hennican. Seeing that punk’s name is enough to make me assume this is a hit piece. Funny how many Freepers jump to believe what a RAT mouthpiece tells them.
(from the suit) :
45. After his athletic eligibility was terminated, Andrew sought a meeting with the Interim Athletic Director, Dr. Christopher Kennedy. Kennedy initiated an investigation of the matter, meeting with six team members as a group and separately with Andrew for approximately ten minutes.
46. Kennedy notified [coach] O.D. Vincent that he wanted to have a further meeting alone with Andrew and his teammates—coaches excluded—to learn more about the situation. O.D. Vincent then met with the returning team members, notified them of Kennedy’s intention, and directed them to confront Andrew publicly, which they did that same day, in a public area near O.D. Vincent’s office, where they harassed and attempted to intimidate Andrew.
47. After that, O.D. Vincent contacted Kennedy to insist that no meeting among the returning team members and Andrew was necessary.
48. Shortly thereafter, Kennedy’s investigation was shut down by Pamela Bernard, the University’s General Counsel. Bernard declared that the Counsel’s office would conduct its own investigation into the matter, and demanded that all communication relating to this matter be directed to her. In response, Andrew’s counsel delivered a letter to Bernard that detailed the facts as alleged herein, annexed relevant documents, and requested a meeting.
49. Bernard delegated the responsibility for investigating O.D. Vincent’s misconduct to Deputy General Counsel, Kate Hendricks. At the time, and throughout her investigation, Ms. Hendricks was in Mississippi, on extended leave from her duties. The Hendricks’ investigation was a sham.
50. Ms. Hendricks promised Andrew’s counsel personally that she would meet with Andrew as part of the investigation. Ms. Hendricks never met with or spoke with Andrew at all.
Whiner, just like his no-talent poser mom.
Trust me, Andy. Considering how some of the athletes at Duke have been treated recently, that coach did you a solid favor.
No, I read the article and now I’m absolutely certain that cut is a blessing in disguise. Kid, sometimes it’s just better to take “no” for an answer. Get the hell out of there.
Just what I was thinking. Duke is a lieberal cesspool.
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