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?
(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.