A federal judge from the Northern District of Texas has rebuffed Southern Methodist University in its bid to have student-athlete’s breach of contract claim dismissed.
Former SMU women’s basketball player Jennifer Colli sued the school and her former coach in 2008, alleging breach of contract, intentional infliction of emotional distress, promissory estoppel, and fraud associated with the loss of her scholarship.
Colli, who is seeking a minimum of $2 million in damages and $450,000 in attorney’s fees, wrote in her complaint that she received notice in August 2006 that her scholarship was not being renewed because of “serious misconduct.” She claimed, however, that that pattern of misconduct was never documented and that she was never given a chance to defend herself in front of a “Judicial Committee.”
Colli also alleged that, on at least one occasion, her coaches criticized players during a game, questioning whether the reason they weren’t performing well was because they didn’t “get any” the night before. In addition, she claimed that one month after having her scholarship renewed, she complained about the coach’s comments during the prior season. Then, two days before the next school year was to begin, Colli said she was notified that she did not have a scholarship.
She further alleged that the defendants ruined any chances she would have playing professional basketball and winning endorsements.
SMU moved to dismiss the suit, but Federal Judge Jorge Solis in Dallas was unreceptive. Specifically, he noted that Colli signed her scholarship renewal statement before the NCAA’s July 1 deadline, and therefore it “was no longer an option” for SMU to revoke her scholarship.
Judge Solis found also flaws in the university’s investigation, noting Athletic Director Steve Orsini’s admission that he never asked any players about Colli’s allegations. Instead, SMU zeroed in on Colli, accusing her of dishonesty and harassment.
The court finally concurred with the plaintiff’s allegation that she never got a fair hearing to defend herself.
Colli is represented by attorneys Mike Kelly and Robert Brunig.
Jennifer Colli v. Southern Methodist University et al; N.D.Tex.; 9/17/10
