i. Plaintiff seeking for the recovery of educational expenses incurred after alleged wrongful termination of an athletic scholarship issued by the University. Plaintiff was student-athlete who didn’t make GPA requirement at the end of his 1st semester of Freshman year. After spring semester, he met the GPA but still refused to participate in the football program.
ii. His argument is that if the purpose is to gain an education and the school should not take back the scholarship
i. Participation in and attendance at practice was required to maintain his physical eligibility
ii. 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
iii. There was not genuine issue as to any material fact