Rudy Giuliani's Son Sues Duke University for Dismissal from Golf Team

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ANDREW GIULIANI, Plaintiff, v. Civil Action No. 1:08—cv—00502 DUKE UNIVERSITY and ORRIN DANIEL VINCENT, III. Defendants. COMPLAINT JURY TRIAL DEMANDED Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 1 of 29 NATURE OF THE ACTION Andrew Giuliani brings this action to obtain a declaration from this Court that Duke University must keep the promises that it makes to induce its students to enroll; and, further, that in all of its dealings with its students, the University is bound to the same law of contract and the same covenant of good faith and fair dealing that every party to a contract in North Carolina is bound. Specifically, this action is brought because: It is wrongful for a coach to secretly expel a student from a team, in violation of numerous University policies enacted to protect the student. It is wrongful for a coach to secretly expel a student from a team without notice, without an opportunity to defend himself, and without cause. It is wrongful for a coach, by threat of expulsion, to attempt to coerce a student into waiving rights guaranteed to him. It is wrongful for a coach to retaliate against a student who refuses to waive his rights to fairness and basic due process. It is wrongful for the University’s lawyers to shut down an Athletic Director’s investigation of a student grievance, to conduct a sham investigation, to prevent a student from meeting with his Athletic Director, to insist that a student pursue a “grievance procedure,” and then to vitiate that procedure by publishing false and misleading findings and concluions based on their “investigation.” It is wrongful for a coach to set teammates against one another and then delegate to team members the power to expel a teammate who competes with them for limited places on the roster. Amazingly, Duke University insists that none of these acts is wrongful and that each one is, instead, within its “significant authority.” The purpose of this suit is to establish what common sense and basic morals plainly dictate: each of the acts described above and detailed within is wrongful and must be stopped. 1 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 2 of 29 THE PARTIES 1. PLAINTIFF ANDREW GIULIANI is a rising senior, enrolled as a student in good standing at Duke University. Andrew is, and at all times relevant to this action, was a citizen and resident of New York. 2. DEFENDANT DUKE UNIVERSITY is an educational institution formed under the laws of North Carolina, with its primary place of business in Durham, North Carolina. In furtherance of its educational mission, Duke established an Athletic Department, which operates 26 NCAA Division I teams, including a men’s golf team. 3. DEFENDANT ORRIN DANIEL “O.D.” VINCENT, III, is, and beginning in the summer of 2007, was the Head Coach of the Duke University Men’s Golf Team. At all relevant times, O.D. Vincent reported directly to Associate Athletics Director Michael Sobb. O.D. Vincent is, and at all times relevant to this action, was a citizen and resident of North Carolina. PARTIES NOT PRESENTLY NAMED IN THE ACTION 4. RYAN RESSA is, and beginning in the summer of 2007 was, O.D. Vincent’s Assistant Coach. 5. MICHAEL SOBB is, and at all times relevant to this action was, an Associate Athletics Director with supervisory authority over O.D. Vincent and the Golf Program. 6. PAMELA BERNARD is, and at all times relevant to this action was, Duke University’s Senior Vice President and General Counsel. In that capacity, Bernard is a University officer with policymaking authority over interpretation of documents purporting to establish the procedures, rights, and responsibilities of the University with respect to its students. 2 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 3 of 29 7. MICHAEL QUAGLIANO is, and at all times relevant to this action was, a member of the Duke University Men’s Golf Team. 8. ADAM LONG is, and at all times relevant to this action was, a member of the Duke University Men’s Golf Team. 9. MATTHEW PIERCE is, and at all times relevant to this action was, a member of the Duke University Men’s Golf Team. JURISDICTION & VENUE 10. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1332, because there is complete diversity in the citizenship of parties, and the amount in controversy, without interest and costs, exceeds the sum or value specified by 28 U.S.C. § 1332. Venue is proper in the Middle District of North Carolina pursuant to 28 U.S.C. § 1391(b)(1), (2), and (3), because all of the Defendants reside or may be found in the Middle District of North Carolina, and a substantial portion of the events that give rise to this action took place in the Middle District of North Carolina. FACTS COMMON TO ALL CLAIMS FOR RELIEF A. DUKE UNIVERSITY MADE PROMISES TO ANDREW TO INDUCE HIM TO CHOOSE DUKE OVER MANY OTHER SCHOOLS THAT SOUGHT HIM. 11. A little more than four years ago, when Andrew was a junior in high school, the late Rod Myers was the Head Coach of Duke University’s Men’s Golf Team. Coach Myers and his assistant coach, Jim Kubinski, both aggressively recruited Andrew to Duke. 12. When Coach Myers was recruiting Andrew, Coach Myers knew that it was Andrew’s dream to become a professional golfer after college. Coach Myers knew well 3 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 4 of 29 the long odds of making it to the professional tour, but he also knew of Andrew’s talent, accomplishments, and strong work ethic. Coach Myers knew about the thousands of hours Andrew had already spent practicing and improving, and he encouraged Andrew to continue. Coach Myers also knew that Andrew was going to select the university that would provide him with the best preparation to achieve his dream. 13. In light of that, Coach Myers focused Andrew’s attention on the University’s “state-of-the-art” training facilities which were “second to none” and were for the exclusive use of the men’s and women’s golf teams. In addition, Coach Myers repeatedly emphasized to Andrew that he would be given life-time access to those training facilities as an alumnus of the Duke Golf Program. Further, Coach Myers assured Andrew that, if he matriculated to Duke, he would have the opportunity to compete with his teammates to earn spots in the most competitive tournaments against the most talented players in the NCAA. 14. These inducements were material to Andrew’s decision to enroll in Duke University. Andrew decided to accept Duke University’s offer to enroll based in material part upon the promises that the University made to him through Coach Myers. Until his untimely passing in the Spring of 2007, Head Coach Myers kept the promises that he made to Andrew on behalf of the University. Things changed when O.D. Vincent took over. B. 15. DUKE UNIVERSITY AND ANDREW ALSO ENTERED INTO A $200,000 CONTRACT. Upon his enrollment at Duke University, Andrew and Duke University entered into an agreement. The Agreement required Andrew to pay Duke University roughly $200,000 in tuition and fees and by definition required him to forego numerous opportunities at other colleges and universities that compete with Duke for top studentathletes. In exchange, the University promised to provide Andrew with various 4 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 5 of 29 educational services, lodging, and a right of access to the Athletic Department’s Varsity program and facilities. 16. The Agreement between Duke University and Andrew is memorialized in several documents that govern the dimensions of the relationship between Andrew and the University. Collectively, these documents will be referred to herein as “the Contract.” C. O.D. VINCENT ILLEGALLY CANCELLED ANDREW’S ELIGIBILITY TO PARTICIPATE IN THE ATHLETIC PROGRAM WITHOUT NOTICE, HEARING, OR CAUSE. O.D. 17. When O.D. Vincent took over the program, the team had 13 players. Vincent wanted to make it smaller, about half the size it was. The goal of a smaller squad was discussed by O.D. Vincent with members of the Athletic Department at the time he was hired as the late Coach Myers’ replacement; the players were not given any choice in the matter. 18. On February 11, 2008, O.D. Vincent announced to the team that he was unilaterally cancelling Andrew’s eligibility to participate in the University’s Athletics Program immediately and indefinitely. Andrew and his teammates were shocked. Andrew had no prior notice of what was about to happen. At no time was Andrew ever given an opportunity to defend himself; instead he was summarily dismissed. 19. None of the events O.D. Vincent cited involved conduct that potentially authorized suspension under the Contract, and certainly not expulsion from the team. Further, most of the alleged conduct occurred in a two day period. The allegations were: • On February 2, 2008 Andrew flipped his putter a few feet to his golf bag; on February 3, 2008 Andrew leaned on his driver and it broke; in O.D. Vincent’s telling, this became “throwing and breaking” a club. 5 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 6 of 29 • On February 3, 2008 Andrew walked ahead of his playing partner, Chance Pipitone, at Treyburn Golf Course; O.D. Vincent later admitted that he had instructed players to do this to help other players increase their pace of play. • The same day, Andrew “gunned” the engine of his car and drove fast while leaving the golf course parking lot. • On February 4, 2008, during a football game that was part of the team’s training session, Andrew played harder than some of the other boys wanted to play. • Andrew was allegedly disrespectful to a trainer sometime in October, 2007, although no trainer has ever said so to Andrew. • On February 10, 2008, after a teammate, Brian Kim, twice hit Andrew’s hand knocking an apple to the ground and slammed a door hitting Andrew’s face, Andrew tossed the apple at the teammate, glancing off the side of his face. 20. As will be demonstrated here and at trial, the foregoing “charges” were a fabricated and insufficient excuse O.D. Vincent employed to cut the Gordian knot that the Contract imposed on his rush to shrink the size of the Men’s Golf Team. D. O.D. VINCENT IMPOSED A BIZARRE, “LORD OF THE FLIES” SCHEME TO DETERMINE WHETHER ANDREW’S ELIGIBILITY WOULD BE CANCELLED PERMANENTLY. 21. O.D. Vincent then created—from whole cloth—unique requirements for Andrew’s Specifically, Andrew’s suspension would become a permanent reinstatement. cancellation of his athletic eligibility at Duke unless every single one of his twelve teammates wrote a letter to O.D. Vincent that O.D. Vincent deemed “satisfactory” supporting Andrew’s reinstatement to the team and explaining the reasons why. If even one member declined, and no reason was required, Andrew was permanently expelled. 6 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 7 of 29 22. All of this took place at a time when O.D. Vincent was increasing the pressure on the players through a forced shrinkage of the roster. The termination of Andrew’s eligibility would mean less competition for the few spots available. E. O.D. VINCENT’S “INDEFINITE SUSPENSION” WAS IN FACT AN ILLEGAL AND SECRET CANCELLATION OF ANDREW’S ATHLETIC ELIGIBILITY. 23. What O.D. Vincent called an indefinite suspension was, in fact and in effect, the termination of Andrew’s eligibility to participate in the University’s intercollegiate athletic program, including its facilities. 24. O.D. Vincent’s conduct breached multiple provisions of the Contract, including, for example: a) O.D. Vincent breached the Contract because the Contract does not give him the power to unilaterally cancel Andrew’s eligibility; b) O.D. Vincent breached the Contract by cancelling Andrew’s eligibility when Andrew had not engaged in any of the specific conduct enumerated in the Contract as sufficient cause for cancelling a student-athlete’s eligibility; c) O.D. Vincent breached the Contract by refusing to consult with the Director of Athletics prior to cancelling Andrew’s eligibility—in fact, he kept it a closely guarded secret—when the Contract requires all coaches to do so prior to taking any adverse action against a student-athlete; 7 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 8 of 29 d) O.D. Vincent breached the Contract because he refused to give Andrew any prior notice of the allegations he used to justify his cancellation; e) O.D. Vincent breached the Contract because he refused to give Andrew an opportunity to respond to his allegations, disprove them, or to simply be heard before imposing the suspension—in violation of the Contract’s due process provisions and procedural safeguards; and f) O.D. Vincent breached the Contract by delegating to Andrew’s teammates the power to terminate Andrew’s eligibility, because (1) the Contract does not authorize O.D. Vincent to delegate such authority to anyone, and (2) the Contract does not give O.D. Vincent power to unilaterally cancel Andrew’s eligibility under any circumstance. 25. O.D. Vincent was well aware that Andrew has been the subject of significant media interest throughout his life, and that news of O.D. Vincent’s wrongful conduct could cause Andrew to be unjustly subjected to harsh public scrutiny. O.D. Vincent’s deliberate misconduct evinces his malicious intent to deprive Andrew of his rights under the Contract, to injure Andrew’s reputation in his chosen profession, and to subject Andrew to public scrutiny and humiliation. Knowing all of the foregoing was occurring, University Senior Vice President and General Counsel Pamela Bernard condoned and ratified O.D. Vincent’s misconduct, evincing her own callous disregard and/or deliberate indifference to the bad faith violations of Andrew’s rights under the Contract. Because Bernard is a University official with final policymaking authority with respect to the Contract, her callous disregard and/or deliberate indifference to Andrew’s rights is imputed to Duke University. 8 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 9 of 29 F. ANDREW WORKED WITH HIS TEAMMATES, AND THEY RESPONDED FAVORABLY, UNTIL O.D. VINCENT INTERVENED AND INCREASED THE PRESSURE. 26. Under the duress of O.D. Vincent’s unfounded accusations and unjustified cancellation of his eligibility, Andrew determined not to quibble with the details of O.D. Vincent’s false and petty allegations; instead, Andrew accepted responsibility for any hurt feelings he may have caused among his teammates and asked for their forgiveness and support in returning to the team. 27. That same night, February 11, 2008, Andrew’s teammate, Brian Kim wrote a long email supporting Andrew’s immediate reinstatement to the team. Kim wrote that he was in a “rage” after his exchange of words with Andrew the day before, that he did not mean the things he said, that Andrew was a “great guy,” and that he did not think Andrew should be suspended. O.D. Vincent wrote back that Brian’s email did not qualify as a letter supporting Andrew’s reinstatement. 28. Andrew personally met with each of the nine returning team members at least two times each over the subsequent weeks. Eight of the nine expressly assured Andrew that they supported Andrew’s return to the team. Several complimented, as they had previously many times, Andrew’s work ethic and dedication to the team. 29. In March, one of Andrew’s teammates who had expressed shock at the surprise suspension, Clark Klaasen, told O.D. Vincent that he wanted to take a leadership role in Andrew’s reinstatement to the team. O.D. Vincent instructed Klaasen to back off, and warned Klaasen to “focus on his golf game.” 30. O.D. Vincent instructed Klaasen and his teammates not to write their letters until they “heard more from Andrew.” At the same time, unbeknownst to the team members, O.D. Vincent instructed Andrew to “back off” and limit his contacts with his teammates. For example, Andrew told O.D. Vincent that he had made plans to drive himself to the tournament the team would play in beginning March 23, so that he could support his teammates as a spectator. O.D. Vincent directed Andrew not to go. Upon information 9 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 10 of 29 and belief, Andrew’s teammates did not know he had made plans to travel to their tournament during the suspension to cheer for them, or that he did not do so only because O.D. Vincent directed him not to do so. 31. Contemporaneously with Andrew’s efforts to win support for his reinstatement from his teammates, O.D. Vincent was instilling new fears in his teammates that their positions on next year’s roster were also in jeopardy. Among other things, O.D. Vincent began implementing his plan to drastically cut the size of the team roster through a qualifier that would and did eliminate several players. 32. It was plainly obvious to each team member that their own personal interests were directly in conflict with Andrew’s reinstatement to the team. They feared that O.D. Vincent could unilaterally dismiss them from the team without warning or notice. G. AFTER WILLFULLY VIOLATING ANDREW’S CONTRACT RIGHTS, O.D. VINCENT TRIED TO COERCE ANDREW TO SIGN A WAIVER OF THOSE SAME RIGHTS. 33. O.D. Vincent originally advised the team that those who participated as a member of the Varsity team in a tournament in 2007-2008 were exempt from O.D.Vincent’s "qualifier"; i.e., the individual would not be required to “re-qualify” to maintain his status as a member of the Duke Men’s Golf Team for 2008-2009. Andrew was one of the team members who qualified through Varsity tournament play. 34. Nevertheless, in late March, O.D. Vincent summoned Andrew to his office. There, O.D. Vincent told Andrew that he would have to participate in the qualifier in order to have a spot on next year’s team roster (but only if, in addition, Andrew’s teammates all wrote “satisfactory” letters supporting his return). O.D. Vincent told Andrew that if Andrew agreed to certain “parameters” O.D. Vincent would draw up, then Andrew would not be required to participate in the qualifier. 35. Andrew immediately objected to O.D. Vincent’s scheme, stating the truth that O.D. Vincent ignored: Andrew had already qualified for the 2008-09 team, having 10 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 11 of 29 played as a member of the Varsity team in two tournaments in the fall in Illinois and Georgia. Undeterred, O.D. Vincent still pursued his efforts to coerce Andrew into agreeing to “parameters.” 36. The “parameters” O.D. Vincent had in mind were presented to Andrew in a written agreement prepared by Vincent (“O.D. Vincent’s Waiver Agreement”). Remarkably, O.D. Vincent’s Waiver Agreement actually commits to writing much of the bizarre manipulation that O.D. Vincent had engaged in since February 11, 2007, and is annexed as EXHIBIT 1. 37. O.D. Vincent characterized the document as an agreement, and styled it as such. It contained two signature lines, one each for O.D. Vincent and Andrew. H. ANDREW DID NOT SIGN THE WAIVER AGREEMENT THAT WOULD FORCE HIM TO GIVE UP HIS RIGHTS AND WOULD CLOAK O.D. VINCENT’S BIZARRE SCHEME IN SECRECY. 38. O.D. Vincent’s Waiver Agreement was designed to obtain Andrew’s release of his rights under the Contract and place a lid of secrecy on the sordid scheme. O.D. Vincent presented his Waiver Agreement to Andrew on two separate occasions. Andrew refused to sign it both times. 39. First, on April 2, 2008, O.D. Vincent presented his document to Andrew for his signature in the presence of Andrew’s step-father, Ed Oster, and Associate Athletic Director Michael Sobb. At the meeting, Sobb was present in his capacity as a University officer, director, or manager with supervisory authority over O.D. Vincent and policymaking authority with respect to the University’s compliance with its obligations under the Contract. 40. At that meeting, O.D. Vincent advised Andrew that his Waiver Agreement was “not a legal document.” In fact, however, O.D. Vincent’s Waiver Agreement would constitute Andrew’s express waiver of his rights under the Contract and the procedural safeguards that O.D. Vincent had already violated multiple times. 11 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 12 of 29 41. O.D. Vincent’s Waiver Agreement’s “secrecy” provisions evinced O.D. Vincent's The secrecy provisions malicious intent and deliberate indifference to Andrew's rights. were also Vincent’s transparent effort to avoid being caught violating the Contract. The most notable of them was that Andrew was prohibited from knowing anything at all about what his teammates wrote to the coaches or vice versa, or even who had written; only O.D. Vincent would know. For example, O.D. Vincent’s Waiver Agreement stated: “All correspondence between players and coaches regarding this topic will be kept anonymous and confidential. … [A] status report on how many ‘approvals’ have been received is acceptable, a question as to who has or has not written is unacceptable.” 42. Andrew reviewed the document and did not sign it. This took place in the presence of O.D. Vincent, Sobb, and Andrew’s step-father, Ed Oster, who is a practicing attorney. After Mr. Oster left North Carolina, O.D. Vincent called Andrew to his office alone. Again, O.D. Vincent presented Andrew the document and demanded that Andrew sign it. When Andrew refused to sign it, O.D. Vincent stated “that’s a bad decision.” O.D. Vincent made clear what he meant in short order. I. AFTER ANDREW DID NOT SIGN O.D VINCENT’S WAIVER AGREEMENT FOR THE SECOND TIME, O.D. VINCENT RETALIATED AGAINST ANDREW BY EXPELLING HIM. 43. Following Andrew’s second refusal to sign O.D. Vincent’s Waiver Agreement, O.D. Vincent retaliated against Andrew by orchestrating a sequence of acts, including, for example: a) The very next day, Andrew’s teammate, Michael Quagliano, wrote Andrew an email, on behalf of himself and four of the other team members mentioned in O. D. Vincent’s Waiver Agreement, notifying Andrew that they had decided that Andrew’s membership on the team should be terminated. In 12 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 13 of 29 the weeks prior to that, all but one of them had expressed their support for his return to the team. The e-mail is annexed as EXHIBIT 2. b) An anonymous notice was placed on Andrew’s vehicle stating that his parking privileges at the Athletic Department’s facilities were revoked, and his car would be towed if he parked there again. The Parking Notice is annexed as EXHIBIT 3. c) O.D. Vincent’s assistant coach Ryan Ressa sent an email to the University golf course’s pro shop stating, “Andrew Giuliani has been removed from the Duke Varsity golf team. We would appreciate if you could take him off the official list of players who is [sic] allowed to play and practice for free.” Ressa’s e-mail is annexed as EXHIBIT 4. 44. All of the foregoing occurred without O.D. Vincent contacting Andrew to tell him that he had terminated Andrew’s eligibility; instead, O.D. Vincent hid behind the returning team members and the pro shop staff. J. UNIVERSITY LAWYERS POISONED THE GRIEVANCE PROCESS, AND THEN INSISTED THAT ANDREW SUBJECT HIMSELF TO IT AS HIS ONLY REMEDY. 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 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, 13 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 14 of 29 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. 51. At the conclusion of Hendricks’ “investigation,” and knowing that Andrew's mother and step-father had requested a meeting with Provost Peter Lange, Ms. Bernard issued an uninvited and unannounced opinion letter based ostensibly on the Hendricks’ investigation (“Bernard’s Opinion”). Bernard’s Opinion ignored numerous positive letters from other individuals, including student-athletes at Duke, describing Andrew’s interaction with other students, and attesting to Andrew’s good sportsmanship and good character. None of these individuals was interviewed. Nevertheless, Bernard’s Opinion, issued on behalf of the University, purports to declare the facts of the matter and establish the University’s legal conclusions with respect to Andrew's rights under the Contract. 14 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 15 of 29 52. Bernard’s Opinion claimed that O.D. Vincent’s bizarre conduct and his unilateral termination of Andrew’s eligibility was “within the significant authority of the coach.” In the same breath, Bernard insisted that Andrew’s only option was to pursue a grievance procedure conducted by an administrator who must defer to Bernard on such questions. 53. At every turn, Bernard’s Opinion is oblivious to its own most obvious consequence: the Opinion unequivocally declares the University’s position on all issues that were to be adjudicated in any meaningful grievance procedure. 54. Bernard’s Opinion thereby vitiated any meaningful administrative remedy that theoretically could have been available to Andrew in the grievance procedure she directed Andrew to pursue. K. THROUGH THIS ACTION, ANDREW NOT ONLY SEEKS TO VINDICATE HIS RIGHTS BUT ALSO THOSE OF HIS FELLOW STUDENTS, SO THAT DUKE UNIVERSITY MAY NO LONGER INSIST THAT ITS STUDENTS DO NOT ENJOY THE SAME BASIC RIGHTS OF CONTRACT THAT ARE SHARED BY EVERY OTHER CITIZEN WHO ENTERS INTO A CONTRACT IN THIS STATE. 55. Since Andrew’s exclusion from the University Athletics Department's program and facilities, Andrew has been barred from practicing at the University’s state-of-the-art training facilities. Further, because he was a competitor in three NCAA tournaments in the 2007-2008 season, he is disqualified from obtaining a Waiver from the NCAA for his junior year. Andrew cannot recover the lost period of NCAA eligibility during the period beginning on February 11, 2008, until the end of the 2007-2008 season to compete in NCAA tournaments. 56. Andrew has exhausted all viable sources of relief within the University. He has been thwarted in every effort, most recently by the University's General Counsel, who published her findings and conclusions on the matter when she learned that a meeting with the University Provost had been scheduled to address this matter. Andrew asks this Court to declare that Duke must keep the promises it makes to its students, who do not abandon their rights at the University gates. 15 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 16 of 29 CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF BREACH OF CONTRACT (Against O.D. Vincent and Duke University) 57. Plaintiff incorporates by reference all of the foregoing allegations as though fully set forth here. 58. The Contract is a valid, enforceable agreement for services between Duke University and Andrew. 59. Pursuant to the Contract, Andrew agreed to, among other things; pay Duke University well in excess of $200,000 over four years, to allow the University to use his likeness in its solicitations and advertisements, and to abide by the rules established in the Contract. In exchange, Duke University promised to provide Andrew an array of educational services, the opportunity to participate in the University’s intercollegiate golf program, and lifetime access to the University’s “state-of-the-art” golf training facilities. 60. The specific provisions of the Contract that are at issue in this action are annexed to this Complaint as EXHIBIT 5 (the Duke University Student-Athlete Handbook, Revised May, 2007); EXHIBIT 6 (the Duke University Athletic Department Policy Manual); EXHIBIT 7 (the Duke University Student Bulletin); and EXHIBIT 8 (the 2007-2008 NCAA Division I Manual (Constitution and By-Laws)). 61. Duke University materially breached the Contract with Andrew in multiple ways, including, for example: 16 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 17 of 29 I. CANCELLATION OF ELIGIBILITY 62. The Contract guarantees to Andrew that, while he was a student enrolled at Duke University, he would be able to participate in the University’s intercollegiate golf program (the Program) and that he would have an unfettered right of access to the Program’s facilities. The Contract provides that Andrew’s rights of access and participation could be “cancelled” or “terminated” only upon the occurrence of specific events and conditions. For example, the Contract provides that Andrew’s eligibility could be “terminated” or “cancelled” only under the following circumstances: a) If Andrew failed or refused to pay any portion of the more than $200,000 that the Contract requires Andrew to pay at the time and in the manner detailed in the Contract; b) c) If Andrew failed or refused to submit to a specified number of drug tests; If Andrew was charged with a serious felony (and, in that event, termination would be within the discretion of identified officials); or d) If Andrew was engaged in certain conduct specifically enumerated in the Contract. 63. No other conduct or circumstance justified the cancellation of Andrew’s eligibility. 64. Andrew did not engage in any of the conduct specified in the Contract as a basis for termination or cancellation of his eligibility to participate in the University’s intercollegiate athletic program. The University has never alleged that Andrew did engage in any such conduct. 17 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 18 of 29 65. Nevertheless, O.D. Vincent unilaterally cancelled Andrew’s eligibility to participate, without notice, hearing, or required cause, in violation of the Contract. II. VIOLATION OF PROCEDURES THE CONTRACT ESTABLISHED TO PREVENT WRONGFUL CANCELLATION OF ELIGIBILITY 66. O.D. Vincent violated the due process rights and procedural safeguards that the Contract guaranteed to Andrew. For example: a) O.D. Vincent refused to give Andrew any notice whatsoever of the allegations upon which O.D. Vincent claimed to base his suspension and subsequent cancellation of Andrew’s eligibility; b) O.D. Vincent refused to consult with the Director of Athletics before he unilaterally suspended and before he unilaterally terminated Andrew’s eligibility, in violation of, inter alia, the Contract, Part I, “Standards of Behavior”; c) O.D. Vincent delegated authority to terminate Andrew’s eligibility to each and every one of his teammates, in violation of, inter alia, the Contract, Part I: “Standards of Behavior.” d) In violation of the Contract’s anti-harassment provisions, O.D. Vincent met with five of the returning team members and directed or encouraged them to confront Andrew in a public place, where they shouted obscenities at him, attempted to intimidate him, demanded that Andrew cease his attempt to restore his own eligibility, and warned Andrew that they would wield the power that O.D. Vincent had delegated to them to ensure that Andrew would never play competitive NCAA golf again unless he transferred to a different school. 18 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 19 of 29 67. All of the foregoing constitute material breaches of the University’s obligations under the Contract. III. O.D. VINCENT’S “LORD OF THE FLIES” SCHEME VIOLATED THE CONTRACT 68. Nothing in the Contract or any University handbook, manual, or governing documents contemplates the bizarre scheme O.D. Vincent concocted for the wrongful cancellation of Andrew’s eligibility. himself, and executed it in secret. 69. O.D. Vincent’s scheme imposed undeserved and draconian punishments according Instead, O.D. Vincent designed the scheme to decisions made by students who were subject to O.D. Vincent’s authority, who were in fear themselves that O.D. Vincent would single them out for the same malicious and unfounded punishments, and who stood to lose opportunities to compete in NCAA events if they “allowed” Andrew’s return to compete with them for those opportunities. 70. The Contract prohibits subjecting students to the deprivation of their rights under the Contract to biased or potentially conflicted decision makers, much less decision makers with a personal, vested interest in the decision. The only University document that is consistent with O.D. Vincent’s scheme is the library’s copy of William Goulding’s The Lord of the Flies. O.D. Vincent’s bizarre scheme violated both the spirit and the plain meaning of the Contract. 71. The disciplinary processes codified in the Contract require notice, an opportunity to answer false accusers and false allegations with facts, a determination by neutral factfinders, free of bias, intimidation, harassment, or any other form of obstruction or interference. Students have the right, for example, to challenge any fact-finder who has a bias or a personal stake in the outcome of the inquiry. That is not only an express requirement of the contract, but it is also an essential element of fundamental fairness. 19 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 20 of 29 72. Furthermore, O.D. Vincent did not have the power to cancel Andrew’s eligibility unilaterally; he could exercise the power only if specified facts existed and only in consultation with the Director of Athletics. Thus, his delegation of the power to cancel Andrew’s eligibility to Andrew’s teammates was the delegation of a power that O.D. Vincent himself did not have. Further, the Director of Athletics was never even notified of O.D. Vincent’s extraordinary scheme until long after O.D. Vincent cancelled Andrew’s eligibility and the returning team members “decided” to make it “final.” Therefore, O.D. Vincent’s delegation of the power to cancel Andrew’s eligibility 73. to Andrew's teammates was ultra vires and a material breach of the Contract. ************ 74. As a direct and proximate result of each of the foregoing material breaches of the Contract, O.D. Vincent cancelled and/or terminated Andrew’s eligibility to participate and right of access to the University’s intercollegiate athletic program and facilities, which constitutes a material breach of the Contract. 75. O.D. Vincent engaged in the conduct alleged herein in the course and scope of his employment with Duke University. His conduct is therefore imputed to Duke University for purposes of this action. 76. Further, the University’s Senior Vice President and General Counsel, Pamela Bernard, authorized, ratified and/or condoned O.D. Vincent’s material breaches of the Contract and the tortious conduct that attended those breaches. As a University officer, director, or manager having policymaking authority with respect to O.D. Vincent’s conduct and the cancellation of Andrew’s rights under the Contract, Bernard’s conduct is imputed to the University for purposes of this action. 77. Further, knowing that O.D. Vincent had engaged and was continuing to engage in willful or wanton, fraudulent, and malicious conduct in the course and scope of 20 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 21 of 29 his employment with the University, Bernard, Hendricks, and Sobb participated in, condoned, and/or ratified O.D. Vincent’s wrongful conduct. 78. As a direct and proximate result of the foregoing material breaches of the Contract, O.D. Vincent's tortious conduct, and University officials' ratification of them, Andrew has suffered and will continue to suffer economic losses, including direct and reasonably foreseeable consequential damages. 79. Andrew is therefore entitled to recover direct and consequential compensatory damages and exemplary damages from O.D. Vincent and Duke University, jointly and severally, in an amount to be determined by a jury at trial. SECOND CLAIM FOR RELIEF BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING (Duke University and O.D. Vincent, in his individual and official capacities) 80. Plaintiff incorporates by reference all of the foregoing allegations as though fully set forth here. 81. In every contract governed by the law of the State of North Carolina, there is an implied covenant of good faith and fair dealing that neither party will do anything which injures the right of the other to receive the benefits of the agreement. 82. The University breached the Contract’s implied covenant of good faith and fair dealing when, for example: a) In response to Andrew's refusal to waive his rights under the Contract, O.D. Vincent retaliated against Andrew by transforming Andrew’s already wrongful suspension into a permanent cancellation of Andrew’s eligibility, and/or causing Andrew’s teammates to do so; 21 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 22 of 29 b) O.D. Vincent deliberately and maliciously obstructed the Athletic Director’s investigation of Andrew’s report of O.D. Vincent’s abuse of authority and misconduct in his dealings with Andrew by causing Andrew’s teammates to confront and harass Andrew and (through directives, threats, and/or intimidation) to uniformly make false statements and otherwise misrepresent the facts under investigation; and c) In the absence of any legitimate means of cancelling Andrew’s eligibility, O.D. Vincent concocted his bizarre scheme to do so in secret. 83. In these ways as well as those detailed in the preceding claims for relief, O.D. Vincent and Duke University, individually and in concert, engaged in conduct that injured Andrew’s right to receive the benefits of the Contract. 84. As a direct and proximate result of Defendants’ breaches of the Contract’s implied covenant of good faith and fair dealing, Andrew has suffered and will continue to suffer economic losses, including direct and consequential damages. 85. Andrew is therefore entitled to recover direct and consequential compensatory damages from O.D. Vincent and Duke University, jointly and severally, in an amount to be determined by a jury. THIRD CLAIM FOR RELIEF TORTIOUS INTERFERENCE WITH CONTRACT (Against O.D. Vincent, in his individual and official capacities) 86. Plaintiff incorporates by reference all of the foregoing allegations as though fully set forth here. 22 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 23 of 29 87. The Contract is a valid contract between Andrew and Duke University which conferred upon Andrew certain contractual rights, as described in this action. 88. Knowing the Contract existed, O.D. Vincent intentionally, maliciously, fraudulently, and without justification induced the University to cease performance of the Contract with Andrew. O.D. Vincent’s conduct evinced a conscious and intentional disregard of and indifference to Andrew’s rights and a malicious intent to harm and potentially humiliate Andrew by cancelling Andrew’s eligibility, expelling Andrew from the team, and thereby subjecting Andrew to intense, harsh public scrutiny. 89. As a direct and proximate result of O.D. Vincent’s wrongful conduct, Andrew has suffered actual damages, and is therefore entitled to recover from O.D. Vincent personally an award of compensatory damages in an amount to be determined by a jury at trial. 90. Further, because O.D. Vincent was acting at all relevant times in the course and scope of his employment with Duke University, Duke University is jointly and severally liable for the same damages. ********* 91. The tortious conduct for which O.D. Vincent is liable for damages was aggravated by O.D. Vincent’s bad faith, fraudulent, malicious, and willful or wanton conduct, as described herein. As such, Andrew is entitled to recover from O.D. Vincent, individually, exemplary damages in the amount that the jury determines to be sufficient to deter O.D. Vincent and other similarly situated individuals from engaging in similar misconduct in the future. 92. Further, because Duke University officers, directors, and/or managers, including but not limited to Bernard, Hendricks, and Sobb, participated in and/or condoned O.D. Vincent’s fraudulent, malicious, and/or willful or wanton conduct, Andrew is entitled to recover from Duke University exemplary damages in the amount that a jury determines 23 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 24 of 29 to be sufficient to deter Duke University and its officers, directors, and managers from engaging in similar misconduct in its future dealings with its students. FOURTH CLAIM FOR RELIEF PROMISSORY ESTOPPEL (Against Duke University) 93. Plaintiff incorporates by reference all of the foregoing allegations as though fully set forth here. 94. 95. Duke University aggressively recruited Andrew to enroll at Duke. Knowing Andrew had determined to pursue a career in professional golf, Coach Myers promoted the University’s “state-of-the-art” training facilities, which he hailed as “second to none.” Coach Myers promised Andrew that if he agreed to enroll at Duke, he would have a lifetime right of access to those training facilities. 96. A reasonable person would expect that the University’s promises would induce Andrew’s action and forbearance. 97. Coach Myers’ promises were sincerely made. They were designed to—and did— induce Andrew to enroll at Duke and thereby forego the multitude of other opportunities available to Andrew. 98. Duke University and O.D. Vincent have eviscerated the promises made by the late Coach Myers, and now insist that the University is not bound by the promises made by Coach Myers to induce Andrew to enroll at Duke because they claim that a coach is vested with "significant authority” to dishonor such promises. 99. Because an obvious injustice would result from this Court’s sanction of Duke’s refusal to honor its promises, the Court must enforce them by declaring Duke University in breach of the Contract as described herein. 24 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 25 of 29 100. As a direct and proximate result of O.D. Vincent’s breach of Coach Myers’ promises, Andrew has suffered past economic losses and will incur future economic losses, and harm to his reputation in his chosen profession. As such, Andrew is entitled to an award of direct and consequential compensatory damages in an amount to be determined by a jury at trial. FIFTH CLAIM FOR RELIEF DECLARATORY RELIEF (Against Duke University) 101. Plaintiff incorporates by reference all of the foregoing allegations as though fully set forth here. 102. An actual controversy now exists between Andrew and Duke University. Specifically, Andrew seeks a declaration from this Court that: a) A coach may not unilaterally and in secret cancel a student-athlete’s eligibility to participate in the University’s intercollegiate athletic program and facilities. b) A coach may not delegate to student-athletes the power – which he does not have - to cancel a competitor’s eligibility. c) It is not “within the significant authority of a coach” to cancel a student- athlete’s eligibility in retaliation against him for having refused to waive the same rights that the coach had already violated with impunity. d) It is not “within the significant authority of the coach” to direct student- athletes under his control to harass a student who has lodged a complaint about the coach’s conduct for purposes of thwarting the investigation the student’s complaint launched. 25 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 26 of 29 e) It is not “within the significant authority of the coach” to intimidate student-athletes who were fact witnesses in an active Athletic Department investigation for purposes of interfering with and obstructing an investigation of the coach for purposes of preventing the investigation from uncovering the truth. f) It is wrongful for the University’s General Counsel to demand that a student submit to a “grievance procedure,” and, at the same time, vitiate the procedure by orchestrating its own, bogus “investigation” of the facts at issue and publishing a false and misleading report of the investigation’s factual findings and legal conclusions that would be binding on those who would adjudicate the grievance. 103. Duke University's policies and practices, as alleged in this complaint, have deprived and continue to deprive Andrew of the benefit of his bargain with the University and his rights under the Contract. 104. These continuing deprivations evince a deliberate indifference and/or callous disregard of the Contract rights of Andrew, who was assured of said rights prior to enrollment and deprived of them only after he abandoned other valuable opportunities to contract with other, similarly situated universities who have not adopted the practice of callously disregarding the rights of their students. 105. Therefore, Andrew is entitled to a declaration of rights declaring that the Contract, as stated herein, is a valid and enforceable contract between Andrew and the University; that Defendants' conduct, policies, and practices, as set forth herein, constitute material breaches of the Contract, and, that those breaches give rise to an immediate cause of action against the University for damages and equitable relief. 26 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 27 of 29 PRAYER FOR RELIEF 106. WHEREFORE, to establish and declare the rights and obligations of the parties under the Contract; to redress the injuries proximately and directly caused by the Defendants’ conduct; and to prevent the substantial risk of similar injury to other students enrolled in Duke University as a result of the University’s policy and practice of condoning the misconduct alleged herein, Plaintiff hereby requests the following relief: 1. The issuance of a Declaratory Judgment establishing that the conduct of O.D. Vincent and Duke University, as stated in Paragraph 102, is wrongful, and constitutes a material breach of the Contract as specifically alleged herein, and, further, specifically declaring that: a) Andrew may not be deprived of his full right of access to and use of the University’s intercollegiate golf program’s training facilities for the rest of his college career; b) Upon his graduation, Andrew will have the same right of access to and use of the University’s intercollegiate golf program’s training facilities that is given to alumni of the Golf Program; and c) An individual’s status as a “student” or “student-athlete” does not diminish or impair the contractual or common law rights enjoyed by all citizens who enter into private contracts governed by the laws of North Carolina and the United States. 2. An award of compensatory damages against all Defendants, jointly and severally, in an amount to be determined by a jury, plus interest as provided by law; 27 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 28 of 29 3. An award of exemplary damages, jointly and severally, against O.D. Vincent, individually, and Duke University, in the amount that a jury determines to be sufficient to deter O.D. Vincent and Duke University from engaging in similar conduct in the future; 4. 5. An award of attorneys’ fees and the costs of this action; and All other and further relief that the Court deems proper and just. JURY TRIAL DEMAND Plaintiff hereby demands a trial by jury on all issues so triable in this matter. Dated: July 23, 2008 Respectfully submitted by: EKSTRAND & EKSTRAND LLP /s/ Robert C. Ekstrand _______________________________ Robert C. Ekstrand (NC Bar #26673) Attn: Stefanie A. Sparks 811 Ninth Street Durham, NC 27705 Email: rce@ninthstreetlaw.com Email: sas233@law.georgetown.edu Counsel for the Plaintiff, Andrew Giuliani 28 Case 1:08-cv-00502 Document 1 Filed 07/23/2008 Page 29 of 29 EXHIBIT 1 Case 1:08-cv-00502 Document 1-2 Filed 07/23/2008 Page 1 of 3 Case 1:08-cv-00502 Document 1-2 Filed 07/23/2008 Page 2 of 3 Case 1:08-cv-00502 Document 1-2 Filed 07/23/2008 Page 3 of 3 EXHIBIT 2 Case 1:08-cv-00502 Document 1-3 Filed 07/23/2008 Page 1 of 2 Case 1:08-cv-00502 Document 1-3 Filed 07/23/2008 Page 2 of 2 EXHIBIT 3 Case 1:08-cv-00502 Document 1-4 Filed 07/23/2008 Page 1 of 2 Case 1:08-cv-00502 Document 1-4 Filed 07/23/2008 Page 2 of 2 EXHIBIT 4 Case 1:08-cv-00502 Document 1-5 Filed 07/23/2008 Page 1 of 2 E-MAIL SENT ON APRIL 15, 2008 Case 1:08-cv-00502 Document 1-5 Filed 07/23/2008 Page 2 of 2 EXHIBIT 5 ______________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. Case 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 1 of 30 EXHIBIT 5 Page 1 of 29 DUKE UNIVERSITY STUDENT-ATHLETE HANDBOOK 1 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 2 of 30 EXHIBIT 5 Page 2 of 29 TABLE OF CONTENTS Topic Introduction Mission Statement Ethical Standards of the Department of Athletics Important Academic Information Academic Advising Textbook Policy Financial Aid Departmental Standards of Behavior Discrimination and Harassment Policy Social Networks Alcohol Policy Drug Policy and Testing Program Important NCAA and ACC Regulations The Media, Sports Information, and You Training Room Policies and Procedures Weight Room Policies Directory Page 3 4 5 6 9 10 11 13 14 15 16 21 25 28 30 32 33 2 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 3 of 30 EXHIBIT 5 Page 3 of 29 INTRODUCTION This handbook is designed to provide varsity student-athletes with information concerning policies of Duke University and of the Duke University Athletic Association (DUAA). It is not intended as a substitute for other important university publications such as the First-Semester Registration Workbook, the Bulletin of Undergraduate Instruction, the Bulletin of Information and Regulations, or T-Reqs (http://www.aas.duke.edu/trinity/t-reqs/) . Therefore, it does not duplicate much of the information contained in those publications. This handbook is a supplement to other sources of information and should be regarded and used as such. The most important thing to remember is that help of all kinds--academic, social, athletic, health-related-- is available if you need it. If you cannot find the answers to your questions in these books, ask your dean, ask your RA, ask your coach. A wide variety of services is available to you at Duke; use them. 3 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 4 of 30 EXHIBIT 5 Page 4 of 29 ETHICAL STANDARDS of the DEPARTMENT OF ATHLETICS The Duke University Department of Athletics has a long tradition of striving for distinction in athletic competition, in academic pursuits, and in community involvement. As student-athletes, coaches, and staff of the Department of Athletics, we reaffirm our commitment to continuing and enhancing this tradition. In the pursuit of this distinction, we affirm our commitment to integrity in all that we do and to respect for ourselves, for others, and for the University. We affirm that the decisions we make and the behaviors we choose will be informed and guided by integrity and respect at all times. As members of a community of scholars and learners, we reaffirm our commitment to the principles and values expressed in the Duke Community Standard--the honor code to which all undergraduates pledge themselves--and the policies derived from it. We recognize that our position as a public face of the University imposes upon us the responsibility to represent Duke with honor and dignity. As role models to young people, we recognize the necessity of modeling positive values and exemplary behavior. As members of the Duke and Durham communities, we will foster respect for others, regardless of race, ethnicity, sexual orientation, or gender. We affirm our commitment to the Ethical Standards of the Department of Athletics: exemplary behavior, taking responsibility for our actions, conducting ourselves in a respectful and ethical manner in our relationships with others, and making positive choices in representing ourselves, our families, our teams, and our University. 5 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 5 of 30 EXHIBIT 5 Page 5 of 29 IMPORTANT ACADEMIC INFORMATION TRANSITION TO COLLEGE Duke is not high school. This may seem so obvious that it need not be said, but every year many freshmen act as if Duke were exactly the same as high school. You cannot study for the same amount of time as you did in high school and expect to succeed. You cannot put things off and get away with it any more. If you try to do four weeks of Duke work in one or two nights before a test, you won=t do very well. You cannot afford to take it easy for the first two or three weeks of the semester; if you don=t keep up early, you may never catch up. You will be much better off if you overestimate the difficulty of Duke and underestimate your level of preparation than the other way around. It is all too common for students who are perfectly capable of doing good work at Duke to have a terrible first semester or year and then spend the rest of their academic careers trying to raise a low GPA. This happens because, although they recognize that Duke is different and harder than high school, they persist in studying in the same ways and the same amounts as they did in high school. KEEP UP--DON=T CATCH UP. CLASS ATTENDANCE If you expect to do well, you must go to class. In virtually every case in which a student has been academically dismissed, lack of class attendance was a factor. In addition, if you do not attend class regularly, you will not be eligible for tutoring assistance or summer school financial aid. Go to class. THE GRAPEVINE Relying on misinformation can be dangerous. Very few students understand all Duke academic and graduation requirements. Do not rely, therefore, on what you hear from other students. Check out what you hear on the grapevine with your academic dean and with the academic support office in the Athletics Department. STUDY HALL Designated students will be required to attend regular study hours. The schedule of these hours will depend on your class schedule and will be arranged during the first week of classes. Your academic performance will determine how long you are required to attend study hall. ACADEMIC PROGRESS REPORTS Some students will be required to make academic progress reports at regular weekly appointments. The reports will cover grades earned, class attendance, incomplete assignments, progress on term papers, etc. SUMMER SCHOOL DUAA does not automatically pay for summer school. In general, those students who are required to attend summer school in order to meet continuation requirements will be supported to the extent that they are supported during the academic year (e.g., if you receive half an athletic scholarship during the academic year, DUAA will pay for half of your summer school expenses). Awarding of summer school financial aid is determined by the Director of Academic Support. If you think that you may have to go to summer school, you should see him prior to March 15 in the spring semester. You are responsible for earning the two Aextra@ credits that are necessary to reach the 6 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 6 of 30 EXHIBIT 5 Page 6 of 29 graduation requirement of 34 courses. DUAA will not finance summer school for this reason alone. ACADEMIC DISHONESTY Duke University views academic dishonesty (cheating or plagiarism) as an extremely serious offense. A student who is found guilty of plagiarism or cheating by the Undergraduate Judicial Board is almost invariably suspended from the university for two semesters. In some cases, students have been expelled. This is as it should be. The student who cheats is committing the most serious offense possible in an academic community. It is much better to turn in a paper or assignment late or request an extension from your instructor than to turn in work that is not your own. Moreover, the student who is suspended for academic dishonesty also loses his or her athletic scholarship. You need to be especially careful about indicating the sources of information you have used in writing papers. You need to cite everything you have derived from other sources. If you have citation questions, see your instructor and/or a staff member in the University Writing Studio. What may seem like a simple oversight or act of carelessness will look like plagiarism to the Judicial Board. Remember, no one ever got in trouble for having too many footnotes. For the definitions of various kinds of academic dishonesty and for additional information about rules of conduct at Duke, see the Bulletin of Duke University: Information and Regulations. DEADLINES If you use your time wisely, you should never have trouble meeting deadlines for papers or other homework assignments. Every instructor allows plenty of time to complete the assigned work thoroughly and competently. It is up to you to use that time efficiently. The earlier you start on an assignment, the better your chances to do well. If you think of classes as a form of competition--after all, you are being judged compared to other students in the class--then procrastination amounts to giving your competitors a head start. Is it reasonable to expect to do as well on an assignment in two or three days as other students who have spent two or three weeks on it? In addition, most professors penalize late work or simply do not accept it. Think ahead; give yourself enough time to do a good job. LATENESS Nothing irritates an instructor as much as a student who is frequently late. Lateness is a sign of disrespect, lack of interest, and lack of commitment. Be on time. UNDERSTAND WHAT=S EXPECTED OF YOU Make sure that you know exactly what is expected on each assignment. If a professor assigns a paper, you need to know what kind of paper she expects. How long is it supposed to be? Does she expect research or completely independent thought? How broad or narrow should the topic be? To prepare adequately for a test, you need to know what kind of test to expect. Essay or short answer? Will it be based primarily on class notes or on the readings or both? You have a legitimate right to know the answers to these questions. Do not be afraid to ask them. TUTORING DUAA provides tutoring at no cost to varsity athletes provided that: 7 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 7 of 30 EXHIBIT 5 Page 7 of 29 1) You have attended class regularly. DUAA will not provide tutors as a substitute for class attendance; 2) You have utilized the assistance services associated with the class (help sessions, professor=s office hours, etc.) to the extent possible. 3) You arrive on time for each tutoring session. If you are concerned about your performance in any class and meet the above qualifications, report to the appropriate academic support office in the Athletics Department during regular office hours to discuss the possibility of being assigned a tutor or contact a tutor directly at www.duke.edu/web/athletetutor. For the most part, tutoring is most effective when it is undertaken on a sustained, regular basis. Do not expect to be dramatically helped by one or two last-minute sessions. Also, do not expect or ask the tutor to do homework assignments, write papers, etc. You should go to tutoring sessions prepared to tell the tutor clearly what questions you have or what problems you have encountered. DUAA will pay only for tutoring that has been authorized. If you do not follow the proper procedures, you will have to pay for any tutoring you receive. MISSED CLASSES The university=s official policy is that you are excused from classes when you are acting as an official representative of the university (i.e., traveling to away games). You cannot be penalized for what you have missed during these classes and must be allowed to make up any work that was due at the time. You should inform your instructor early in the semester that you will have to miss some classes. Whether the instructor requests it or not, it is a good idea to obtain an official excuse for these absences. These excuses are available from your academic dean. The fact that you will be required to miss some classes to participate in your sport makes it imperative that you do not miss any other classes. Once again, class attendance is crucial to academic success. And under no circumstances will you be excused from class to attend an oncampus athletic practice. DUAA COMPUTERS The Department of Athletics provides computers for the use of student-athletes who are travelling to an out-of-town contest. These computers include a limited number of lap-tops which can be checked out for 48 hours. In addition, computers in the Campbell Academic Center are accessible 24 hours a day. ACADEMIC DEANS Every student has an academic dean, depending on the major that he or she has declared. The deans are your official primary source of academic information and assistance. The academic support unit of the Department of Athletics acts as a supplement to the services the deans provide, but never as a replacement for those services. 8 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 8 of 30 EXHIBIT 5 Page 8 of 29 ACADEMIC ADVISING Academic advising may be the most important form of assistance you receive as an undergraduate. This is especially true early in your career when you may be less sure of the direction you want to take and certainly know less than you will about requirements, courses, faculty members, and the curriculum in general. When you first arrive at Duke, your official advisor is the faculty member in the Academic Advising Center or the School of Engineering to whom you are assigned during freshman orientation. When you declare a major you will then be assigned an advisor in your major department. You must consult this advisor during each registration period or you will not be allowed to register. If you cannot register on time, you will have to pay a late fee and will also have a much more difficult time getting onto the courses you want since many required courses close during the registration period. THE ACADEMIC ADVISING CENTER No Duke student in Trinity College may declare a major before the end of the freshman year; your major must be declared, however, before Spring Break of the sophomore year. Until you do so, you will be advised by a faculty member assigned to you by the Advising Center. The directors of the Center are strict, and rightly so, about following the proper procedures for advising and registration. If you fail to do so without a valid excuse, you will have to register late and accept the consequences. DUAA ACADEMIC ADVISING Advising from the academic support office of the Athletics Department should be regarded as preliminary and unofficial. Most students have found that the most productive way to proceed is to consult with the academic support personnel before meeting with their official academic advisors. But remember that this meeting does not excuse you from your official advising conference. ON-LINE REGISTRATION All registration and course changes (drop-add) are completed over the internet using the Automated Computer Enrollment System (ACES). In order to have access to ACES, you must have acquired your personal identification number (PIN) from your advisor at your advising conference. Without this number, you will be unable to register and will have to pay the late fee. Always remember to safeguard your PIN; it grants access not only to registration but also to grade reports and other private information. The procedures for registration through ACES are outlined in the Official Schedule of Courses which is available on-line at www.duke.edu. 9 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-6 Filed 07/23/2008 Page 9 of 30 EXHIBIT 5 Page 9 of 29 FINANCIAL AID In general, student-athletes who are receiving financial aid fall into three categories: full athletic scholarship, partial athletic scholarship, and need-based, non-athletic institutional aid. Students who are on some form of athletic aid need to be aware of the relevant NCAA regulations. 1) You may not receive any aid in excess of the cost of a full athletic scholarship. For full scholarship students this means that you are not eligible for any other form of financial aid. Students on partial athletic scholarship may receive aid from other sources as long as the total of aid from all sources does not exceed the value of a full scholarship. If, for example, a full scholarship is worth $30,000 and you have been awarded an $18,000 athletic scholarship, you are free to accept other forms of aid up to $12,000. Any aid that you receive in excess of the cost of a full scholarship will have to be deducted from your athletic grant. 2) This prohibition on excessive aid does not apply to earnings from employment, as long as: Τ The compensation does not include any remuneration for value that the student-athlete may have for the employer because of the publicity, reputation, fame, or personal following he or she has obtained because of athletics ability; The student-athlete is compensated only for work actually performed; The student-athlete is compensated at a rate commensurate with the going rate in that locality for similar services. Τ Τ These earnings must be approved and monitored by the Director of Compliance in the Department of Athletics (Campbell Academic Center, Schwartz-Butters Building). 3) The NCAA allows a limited number of exceptions to these rules. The most significant of these for Duke students is the Pell Grant. Students who qualify for a Pell Grant may receive up to $4050. Because this money is in the form of a grant, you are under no obligation to pay it back. Any student who is interested in Pell Grant should contact the Duke Office of Financial Aid (684-6225). In addition, if you receive a Pell Grant, you also have access to the NCAA Needy Student Athlete Fund. This fund, administered by the ACC, can provide additional assistance for medical or dental bills, emergency travel, clothing, and other items. Applications for access to this fund are coordinated by the Duke Office of Undergraduate Financial Aid (6846227). Finally, all student-athletes, regardless of need, have access to the NCAA Student Athlete Opportunity Fund. At Duke, this fund may be used to by textbooks and related academic supplies. This fund is administered by the Business Manager of the Department of Athletics (118 Cameron Indoor Stadium). 11 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 10 of 30 EXHIBIT 5 Page 10 of 29 Under NCAA regulations, athletic scholarships are granted for one year renewable terms. Under normal circumstances, Duke=s policy is to treat an athletic scholarship as a four year grant. Your scholarship will not be taken away for reasons of health or injury. However, the university may revoke your scholarship if you render yourself ineligible for athletic competition (this includes academic failure), falsify information on your application or letter of intent, or fail to follow the rules established for your sport, including failure to adhere to the student-athlete drug policy. You are free at any time to withdraw from the team voluntarily and resign your scholarship. If you do so, your scholarship, of course, would not be renewed. 12 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 11 of 30 EXHIBIT 5 Page 11 of 29 DEPARTMENTAL STANDARDS OF BEHAVIOR While individual teams are free to develop their own team rules, all studentathletes are also bound by department-wide standards of behavior: It is illegal for underage persons to possess or consume alcoholic beverages. It is illegal to drive while impaired. It is both illegal and a violation of University rules to engage in hazing or harassment. DUAA prohibits all student-athletes from drinking alcoholic beverages, using tobacco products, or using illegal substances whenever traveling with their team and/or acting as official representatives of Duke University. This prohibition extends to travel to and from an event, home games, team gatherings before or after games, and any time the team is together in an official capacity. It also prohibits consuming alcohol at any Athletics Department sponsored event. DUAA prohibits student-athlete hosts from providing potential student-athletes with alcoholic beverages on official or unofficial recruiting visits. DUAA requires any student-athlete cited for any off-campus violation to self report that violation to his/her Head Coach within 48 hours. Failure to adhere to these standards of behavior may result in the Head Coach, after consultation with the Director of Athletics, imposing one or more of the following disciplinary actions: Reprimand Probation Suspension Loss of athletic aid Cancellation of eligibility and dismissal from the athletic program Finally, in the event that a student-athlete is charged with a felony, absent extraordinary circumstances as determined by the University administration, he/she will not be permitted to represent Duke in game competition until the charge is resolved and all court, University, and Athletics Department conditions for reinstatement have been met. 13 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 12 of 30 EXHIBIT 5 Page 12 of 29 DISCRIMINATION AND HARASSMENT POLICIES Duke University does not discriminate on the basis of race, color, national and ethnic origin, disability, sexual orientation or preference, gender, or age in the administration of educational policies, admission policies, financial aid, employment, or any other University program or activity. It admits qualified students to all the rights, privileges, programs, and activities generally accorded or made available to students. The University also does not tolerate harassment of any kind. Questions, comments, or complaints of discrimination or harassment should be directed to the Office of the Vice President for Institutional Equity: (919) 684-8222. Further information, as well as the complete text of the harassment policy, may be found at http://www.duke.edu/web/equity/ 14 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 13 of 30 EXHIBIT 5 Page 13 of 29 ALCOHOL POLICY University-Wide Policy As a community of scholars and learners, Duke University expects those within its community to be responsible with the use of alcohol. This policy shall guide the role of alcohol everywhere on the Duke campus and at all events sponsored by Duke organizations, schools, or administrative units. Students, staff, and faculty members are encouraged to learn about the social, physiological, and psychological consequences of drinking and alcohol abuse. Excessive and high-risk drinking can lead to negative consequences for the Duke community, including assault, illness, injury, litter, noise, property damage, and driving under the influence. All members of the Duke community share responsibility for creating an environment that limits dangerous drinking behaviors and, therefore, reduces the likelihood of these negative outcomes.The following shall guide the role of alcohol in the Duke community: $ All possession, consumption, and distribution of alcohol at Duke University shall be in accordance with applicable North Carolina state laws. $ Members of the Duke community are responsible for behaving in a manner that is not disruptive or endangering to themselves or others. Being under the influence of alcohol shall not be a mitigating factor for an individual=s behavior. $ When persons under 21 years of age can reasonably be expected to be present at an event, proper precautions must be taken to restrict distribution and consumption of alcohol to persons of legal drinking age. Student organizations shall also adhere to the specific guidelines for events outlined in the undergraduate Bulletin of Information and Regulations or the Graduate and Professional Student Alcohol Policy. $ Advertising or other communication that references the availability of alcohol at a function may not promote alcohol as the focus of the event or promote excessive drinking. $ Each community (e.g. Undergraduate, Fuqua, Law, etc.) may establish additional guidelines and policies governing the possession, consumption, and distribution of alcohol that reach beyond these minimal expectations. Violations of policies shall be adjudicated using existing procedures within each segment of the university. Undergraduate Policy The remainder of this policy, specifically for undergraduates, augments Duke=s university-wide alcohol policy. For individuals as well as groups, prohibited behavior includes: Underage Possession/Consumption; Unsafe/Irresponsible Behavior; Violation of Community Expectations; and General Provisions Violation. Sanctions for violations of any of these prohibited behaviors are outlined in thechapter of this Bulletin entitled Resolution of Student Conflict and Alleged Violations of University Policy. Parents of students under the age of 21 will be notified of alcohol-related disciplinary violations when a student=s health or safety has been/is at risk. See 16 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 14 of 30 EXHIBIT 5 Page 14 of 29 Appendix E, Information and Resources Concerning Substance Use, for health effects associated with alcohol and other drug use, helpful resources for assistance, andlegal ramifications of illicit possession, use, or distribution. Underage Possession/Consumption Students under 21 years of age are not permitted to purchase, possess, or consumealcoholic beverages. Being under the influence of any amount of alcohol while underageis considered a violation of this provision. For individuals as well as groups, prohibited behavior includes: Underage Possession/Consumption Unsafe/Irresponsible Behavior Violation of Community Expectations. Sanctions for violations of any of these prohibited behaviors may include, but are not limited to, one or more of the following: educational initiatives, restitution to the community, fines, revocation of housing and/or on-campus driving privileges, referral to a substance abuse specialist, treatment through a professional agency such as the Duke Addictions Program, formal warning, disciplinary probation, suspension, or expulsion from the university. Parents of students under the age of 21 will be notified of alcoholrelated disciplinary violations when a student=s health or safety has been/is at risk.For complete information regarding North Carolina state laws governing alcohol, consult the North Carolina General Statutes, Chapter 18B (available online at http://www.ncleg.net/gascripts/Statutes/Statutes.asp). Criminal penalties for a violation of these laws include a misdemeanor conviction, community service, possible loss of driver=s license, and/or fines. (Click here for information concerning health effects associated with alcohol and other drug use, helpful resources for assistance, and legal ramifications of illicit possession, use, or distribution.) Underage Possession/Consumption Students under 21 years of age are not permitted to purchase, possess, or consume alcoholic beverages. Being under the influence of any amount of alcohol while underage is considered a violation of this provision. Unsafe/Irresponsible Behavior Unsafe or irresponsible behavior is defined as actions that are harmful or potentially harmful to one=s self or others involving the use of alcohol. Such behavior includes, but is not limited to: consuming an excessive quantity in a short amount of time; participating in or facilitating drinking games or progressive parties; taking shots of liquor or consuming through beer bongs; use or attempted use of fraudulent identification or another=s identification to obtain alcohol; and making alcohol available to underage drinkers. Community Expectations Violation It shall be a violation of the alcohol policy to engage in an action while under the influence of alcohol that is disruptive to the community. Such behavior includes, but is not limited to: 17 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 15 of 30 EXHIBIT 5 Page 15 of 29 driving; exhibiting disorderly conduct, damaging property, and/or fighting; vomiting and/or urinating in public; and cursing and/or shouting at others. General Provisions Violation Additionally, Duke University has established the following general provisions regarding alcohol: No kegs are permitted in private rooms, student apartments, commons rooms, or other public space. (University-approved bartenders, who will be responsible for carding, may distribute alcohol from kegs in public space at officially approved and registered events.) Only university-approved bartenders are permitted to distribute alcohol on campus, including alcohol from common-source containers. Except at events in a licensed facility providing a cash bar, no spirituous liquor or fortified wines may be served to undergraduates. All students on university property consuming or possessing alcohol mustcarry a valid driver=s license, state identification card, military identificationcard, or passport. Alcohol may not be brought in glass containers to BYOB events that require registration. No alcoholic beverages are permitted in first-year houses (or the surrounding grounds) on East Campus. No alcoholic beverages are permitted within the confines of athletic facilities during sporting events. The use of alcoholic beverages as a prize is prohibited. Group-Sponsored Social Functions Recognized groups may be held accountable for violations of the alcohol policy that occur during a group-sponsored event. As it is expected to ensure that such violations do not occur, a group will be held accountable if the group failed to take appropriate precautions. Appropriate precautions must include: a party monitor for every 25 persons expected to attend the event; adequate and accessible non-alcoholic beverages and food; compliance with all fire safety regulations; adequate control of access to event; enforcing occupancy limits for the venue, including commons rooms, hallways, and stairwells; calling for medical/police assistance as needed; and serving of alcohol by licensed bartenders only. 18 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 16 of 30 EXHIBIT 5 Page 16 of 29 Student party monitors must have attended a party management seminar presented bythe Office of Student Activities and Facilities. Their duties shall include, but are not limited to, prevention of alcohol policy violations, intervention and care of inebriated, at-risk individuals, elimination of safety hazards, and attention to group precautions. Checking identification will be the responsibility of licensed bartenders.Social events that fail to meet any of these expectations must be shut down immediately. Health and Safety Intervention Because health and safety of students are of primary importance, students are encouraged not only to look out for their own health and safety but also for that of their peers. When a person=s health and/or safety is/are threatened or appear(s) to be in jeopardy, immediate action should be taken to prevent injury/illness/danger. The action may be a call to Duke Police (911; 684-2444 from noncampus phones) or Student Health (681-WELL (9355)) for assistance and guidance. Whatever the particular need/problem, itis important to respond in a responsible and timely manner.Formal disciplinary action for a violation of the alcohol policy will not be taken against students for whom medical assistance is sought, or against those who seek medical assistance for themselves or for others, provided that the student/group has not violated other university policies that warrant formal disciplinary action. A student who receives medical assistance shall be required to meet with a substance abuse specialist in Counseling & Psychological Services (CAPS) for education, assessment, and possible referral for treatment. The student will also be required to complete an educational assignment. Parents of such students under the legal drinking age will also be notified.In the event that a student fails to meet with the specialist, chooses not to participate inthe treatment program outlined, or exhibits a pattern of abusive behavior with alcohol, the student may be subject to formal disciplinary action and/or placed on a Medical Leave of Absence until he/she produces documentation that appropriate treatment has been successfully sought. Resources The following resources are available to members of the Duke community: Duke Police and Emergency Medical Service: 911 or (919) 684-2444. Professionals will respond to assess the medical needs of an individual who isincapacitated or at-risk. Counseling and Psychological Services: (919) 660-1000. CAPS offers evaluation, consultation, counseling, and referrals for students concerned about alcohol use. Personal Assistance Service: (919) 416-1727. PAS offer assessment, short-term counseling, and referrals for employees and faculty members concerned about alcohol use. Duke Addictions Program: (919) 684-3850. DAP offers evaluation, consultation, and treatment for individuals with alcohol and other substance abuse issues, as well as support services for family members. Holly Hill Hospital: (800) 447-1800. 24-hour confidential advice on alcohol abuse. 19 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 17 of 30 EXHIBIT 5 Page 17 of 29 Academic courses related to alcohol use, treatment, and research. See course listings through the Office of University Registrar (http://registrar.duke.edu) or the Bulletin of each school. DUAA Alcohol Policy While student-athletes are governed by the University Alcohol Policy, and individual teams may develop their own policies concerning consumption of alcoholic beverages, all student-athletes are also subject to a department-wide policy. Studentathletes who are found guilty of under-age consumption and/or driving while impaired will be subject to sanction, depending on the severity of the offense. The range of possible sanctions includes suspension from team activities, expulsion from the team, and/or revocation of athletic financial aid. 20 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 18 of 30 EXHIBIT 5 Page 18 of 29 DRUG POLICY AND TESTING PROGRAM The intent of these policies is to prevent the use of prohibited substances by studentathletes through education, testing, and professional guidance. Systematic drug testing is appropriate and necessary to ensure the health, safety and welfare of our student-athletes, to promote fair competition in intercollegiate athletics, to affirm compliance with applicable rules and regulations governing drug use, and to identify student-athletes who are improperly using drugs and assist them before they harm themselves or others I. Prohibited use of banned substances. All student-athletes enrolled at the University are prohibited from using any substance belonging to any of the classes of banned substances published by the NCAA, and updated from time to time. The classes of banned substances are: stimulants, anabolic steroids, diuretics (masking agents), street drugs (e.g., heroin, marijuana, cocaine), and peptide hormones and analogues (e.g., human growth hormones and erythropoietin (EPO)). The University may test for any substance contained on the NCAA’s list of banned substances, including unlisted compounds that are related to specific drugs listed by the NCAA (i.e., substances that are included in a class of drugs by their pharmacological action and/or chemical structure). The student is responsible for everything that goes into his or her body; students use all drugs and nutritional or dietary supplements at their own risk. Before taking any drug or supplement, students should consult with their team trainer or physician. Unannounced drug-testing. All student-athletes identified on the NCAA official squad list and all intercollegiate teams will be subject to unannounced drug testing. All student athletes will be required to execute a waiver consenting to such testing. Testing may occur during any period the student is present on campus, including the preseason, during the regular academic year, and during the summer session. The consequences of a positive test for street drugs and other classes of banned substances, other than anabolic steroids, peptide hormones and analogues, and diuretics. A first positive test for a street drug, or other banned substance, other than anabolic steroids, peptide hormones and analogues, and diuretics, will be treated as a matter calling for evaluation, treatment, and counseling. A student will be subject to unannounced drug testing as part of his or her treatment. As part of a treatment plan, the student may be suspended from competition. A positive test which indicates that the student has used a banned substance during the period of evaluation, treatment, and counseling shall 21 II. III. a. Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 19 of 30 EXHIBIT 5 Page 19 of 29 be treated as a second positive test, if it is a street drug or other banned substance, other than an anabolic steroid, peptide hormone or analogues, or a diuretic. If the positive test is for an anabolic steroid, peptide hormone or analogues, or a diuretic, it will be treated in accordance with the provision of this policy dealing with a positive test for those substances. b. A second positive test for a street drug or other banned substance, other than an anabolic steroid, peptide hormone or analogues, or a diuretic, will result in a suspension of eligibility to compete in all intercollegiate competition for at least 50% of the total regular season’s contests, to be carried over into the next regular season, if necessary. A third positive test for a street drug or other class of banned substances, other than anabolic steroids, peptide hormones and analogues, or diuretics, will result in the permanent termination of eligibility to compete in all intercollegiate competition at Duke University. The consequences of a positive test for anabolic steroids, peptide hormones and analogues, and diuretics. The use of anabolic steroids and peptide hormones and analogues is cheating and undermines the integrity of any athletic competition in which the offending student participates. A first positive test for an anabolic steroid, a peptide hormone or analogue, or a diuretic will result in a suspension of eligibility to compete in all intercollegiate competition for one calendar year. A second positive for an anabolic steroid, peptide hormone or analogue, or a diuretic will result in a permanent termination of eligibility to compete in all intercollegiate competition at Duke University. Additional sanctions. In addition to the foregoing sanctions, the Athletic Director or coach may treat a violation of this drug policy as student-athlete misconduct and impose appropriate additional sanctions. Labeling of urine samples. All urine samples shall be divided into two parts, Sample A and Sample B. If the student’s A sample tests positive for a banned substance, it will be deemed conclusive proof that the student violated this policy, unless the student requests an appeal from the positive test, in the manner required by this policy. Self-reporting. A student may self-report his or her use of a banned substance, except where it is done to evade an unannounced drug test. When a student selfreports the use of a banned substance, he or she will be tested immediately and will be treated as having tested positive for the banned substance actually used. 22 c. IV. a. b. V. VI. VII. Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 20 of 30 EXHIBIT 5 Page 20 of 29 VIII. Notice of a violation of this policy. When a student has been found guilty of using a banned substance, the Athletic Director, the student’s parents or guardians, and his or her coach will be notified. The student also will be required to notify his or her teammates of a positive test for a banned substance, except where the student has self-reported the use of the substance under this policy, in which case whether and when others will be notified of the self-reported use of the banned substance will be decided on a case by case basis. Consequences of failing to participate in or cooperate with the drug testing program. All student-athletes are required to comply fully with the drug-testing program created by this policy. A failure to execute the drug testing consent form; an un-excused absence from a drug test; or a refusal to provide a sample or the tampering with or manipulation of a sample will be treated as a positive for an anabolic steroid. A failure to provide an adequate sample within a reasonable period of time may result in a suspension of eligibility until the student provides an appropriate sample under circumstances set by the University. If, based upon the written report of the sample collector, the failure to provide a urine sample occurs under circumstances that amount to a refusal to provide the sample, the failure will be treated as a positive for an anabolic steroid. All urine samples actually provided by a student may be tested. Appeal from a positive test. Any student who tests positive for the use of a banned substance may appeal to a drug testing appeal board. The request for an appeal must be made in writing within 5 days of the written notice to the student that his A sample tested positive for a banned substance. If the student requests an appeal, his or her B sample will be tested to confirm the presence of a banned substance. In case of an appeal, the Athletic Director, in consultation with the Chair of the Athletic Council, will appoint a 3-member panel to hear the appeal. The members of the board may include an athletic department administrator, a head trainer or team physician, a faculty member from the Athletic Council, and other members from outside the Athletic Department. The chair of the board shall be a person from outside the Athletic Department. No person associated with the student’s team shall be appointed to the board. The student may appeal on any ground, including on the ground that he or she had "no fault" for the doping violation (i.e., that he or she did not know and could not reasonably have discovered or suspected that he or she was 23 IX. a. b. X. a. b. Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 21 of 30 EXHIBIT 5 Page 21 of 29 administered or took a banned substance) or that he or she had "no significant fault" (the student's fault or negligence in the totality of the circumstances was not significant in relationship to the doping violation). In the case of no fault, the student will be absolved of the violation; in the case of no significant fault, the board may reduce any suspension by up to 50% of what it other wise would have been, except in the case of a first positive for a street drug or other class of banned substances, other than anabolic steroids, and peptide hormones and analogues. However, it shall not be a basis for appeal solely that the student unwittingly used a product that contained a banned substance. c. On appeal, the student will have the burden of establishing his or her defense by clear and convincing evidence. The sanctions authorized by this policy shall not be imposed ( a )until the hearing board has decided any appeal by the student; ( b ) the student has withdrawn the appeal in writing; or ( c ) the time for the student to appeal has expired. Confidentiality. Except as required by law, the University will treat confidentially all information relating to a student’s alleged or confirmed use of a prohibited substance, aside from such disclosures to University personnel, parents, guardians, coaches, and the student’s teammates that are required to be made under this policy. Employees of the University who breach this policy of confidentiality or who disclose information about unannounced random drug testing, such as the dates of such testing and the students or teams subject to testing on a particular date will be treated in the same manner as employees who breach the confidentiality of patients’ medical records. Oversight Committee. d. XI. a. b. XII. a. The President will appoint a committee to oversee the program established by this policy. The members of the committee shall include an Athletic Department administrator, a member of the faculty, a representative from Student Affairs, and a trainer or team physician. b. The oversight committee will be responsible for determining the appropriate drug screening test to use, the frequency of tests, and the selection process for unannounced testing. The Committee also will be responsible for evaluating the adequacy of all drug educational programs established for student-athletes. Finally, the Committee will be responsible for making an annual report to the President and Athletic Director concerning implementation of this policy. The report shall include any recommendations for modification of the policy, drug educational programs, or sanctions for violating the policy. 24 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 22 of 30 EXHIBIT 5 Page 22 of 29 IMPORTANT NCAA and ACC REGULATIONS As a member of the National Collegiate Athletics Association (NCAA) and the Atlantic Coast Conference (ACC), Duke is committed to upholding rules of fair play and to complying with NCAA regulations. The individuals responsible for maintaining compliance with national and conference rules are Chris Kennedy, Senior Associate Director of Athletics and Jamie Pootrakul, Compliance Coordinator. See them if you have any questions or concerns about your eligibility or any other issues related to the rules governing college athletics. COMPLIMENTARY ADMISSIONS POLICY Under NCAA rules, members of teams which charge admission to their contests are entitled to receive up to four complimentary admissions for each regular season contest and six for each NCAA Championship contest or bowl game. There is no restriction on who may receive these passes. You may also give your passes to a teammate who may then designate the recipients. The Department of Athletics will issue a form to each eligible student-athlete prior to each contest. On this form, you will be asked to designate the recipients of your complimentary admissions. On the reverse of the form is a copy of NCAA rules governing complimentary admissions which you are required to obey: NCAA Bylaw 16.2.1.2: AComplimentary admission shall be provided only by a pass list for individuals designated by the student-athlete. >Hard tickets= shall not be issued.@ NCAA Bylaw 16.2.2.1: AA student-athlete may not receive payment from any source for his or her complimentary admissions and may not exchange or assign them for any item of value.@ You will be asked to sign this card. You must understand that DUAA is required to comply with and enforce NCAA rules and will do so if you abuse the use of complimentary admissions. Abuse of this rule will result in penalties ranging from loss of ticket privileges for one or more contests to suspension from the team. GAMBLING Gambling is an enormous industry in this country. Every year, more than 20 billion dollars are wagered on sports. With this much money at stake, gamblers place a premium on anything which will give them an edge, especially inside information. Be careful. Do not discuss Duke athletes or teams with anyone you do not know, including other students. Be especially wary of phone calls seeking information about injuries, weather, or any other factor that could affect the outcome of a game. You could lose your eligibility for placing or accepting a bet or for giving information to gamblers. AMATEURISM In order to participate in intercollegiate athletics, you must be an amateur in your sport. You lose your amateur standing if you use your athletics skill in any form for pay, 25 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 23 of 30 EXHIBIT 5 Page 23 of 29 sign a contract to play professional athletics, sign with an agent, compete on a professional team, or accept reimbursement or pay from a professional sports organization, The rules governing amateurism are complicated and your eligibility to compete for Duke is at stake. If you have doubts or questions about any situation, check with the Duke Compliance Office. REDSHIRT/HARDSHIP These two terms, which are frequently used interchangeably, refer to two completely different ways of maintaining eligibility through five years of competition. ARedshirting@ refers to the practice of intentionally holding a student out of competition for an entire year. Since all student-athletes have five years in which to use their four years of eligibility, this means that the student may be a sophomore academically and yet still have four years of eligibility remaining. Duke=s policy is to use the redshirt rule on a very limited basis. Unlike many institutions, Duke will not redshirt whole classes. The Duke policy mandates that the student take an active role in seeking a redshirt year: Ano earlier than the beginning of his or her sixth semester and no later than the end of his or her seventh semester, a student-athlete who desires to compete during a post-eighth semester must apply in writing for permission to do so. The application should be made to the team coach . . . If the coach determines that in his or her judgment approving the request would be beneficial to the student-athlete and to the athletic program, he or she must indicate approval in writing . . . to the Director of Athletics.@ AHardship@ refers to gaining an extra year of eligibility after suffering an injury serious enough to prevent you from competing for the rest of the season. You are eligible to apply for a hardship year if your injury occurs in the first half of the season and if you have not competed in more than two events or twenty percent (whichever is greater) of the institution=s completed events in your sport. If you become eligible for a hardship extension of eligibility, you should consult with your coach concerning application for approval. ENDORSEMENTS NCAA rules prohibit the use of a student-athlete=s name or picture to endorse a commercial product or service. The penalty for doing so is loss of eligibility. Seemingly innocent things, such as posing for a calendar to benefit a fraternity or sorority, can be interpreted as violations of this rule. Check with your coach if you have any questions or concerns. PLAYING AND PRACTICE SEASON LIMITATIONS There are limits on what can be required of you by your coach. During the season, you cannot spend more than 20 hours per week or four hours per day in required athletically-related activities (practice, conditioning, meetings, film study, weight lifting). In addition, you must be granted one day off each week. In the off-season, you cannot be required to spend more than eight hours per week on conditioning activities; two of those eight hours may be spent on skill instruction with your coach. 26 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 24 of 30 EXHIBIT 5 Page 24 of 29 TRANSFER TO ANOTHER ACC SCHOOL If you were recruited by Duke, if the Department of Athletics interceded for you in admissions, or if you received athletic financial aid, and you want to transfer to another ACC institution, you are subject to the following restrictions: 1) You must complete a year of residency at the school to which you transfer before you are eligible to compete or receive athletic financial aid; 2) your year of residency will count as one of your four seasons of eligibility; 3) you will count toward the team scholarship limits at your new institution. 27 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 25 of 30 EXHIBIT 5 Page 25 of 29 THE MEDIA, SPORTS INFORMATION, AND YOU PURPOSE A high-profile athletics program such as Duke=s attracts extensive media coverage. The Duke Sports Information Department (SID) exists to help student-athletes and coaches cooperate with members of the media in a constructive and efficient manner. Duke student-athletes typically make excellent spokesmen for all the university represents. Therefore, we encourage you to interact with media members whenever possible. The Sports Information staff understands and appreciates the many demands on your time, further emphasizing the need for communication between you and the SID staff when it comes to media access. INTERVIEW POLICIES All interviews with Duke student-athletes are arranged through the Sports Information Office. Media are asked to contact the SID at least 24 hours in advance to arrange a time for an interview that is convenient for you. Interviews are normally scheduled before or after practice sessions so as not to interfere with the student=s time away from athletics. The location is usually the SID office (115 Cameron Indoor Stadium) or the practice site. For post-game interviews, there is a ten minute Acooling off@ period for student-athletes before they interact with the media. Duke has an equal access policy regarding post-game interviews in the locker room. In Football and Women=s Basketball, players are brought to an interview area following comments from the head coach. In Men=s Basketball, the locker room is open to all media members. The rules vary from sport to sport but insure equal access to media members. Representatives of the media are not permitted to call Duke student-athletes in their dorms or apartments or on their cell phones for interviews. The SID office has a strict policy of NEVER distributing student-athletes= phone numbers, and it discourages students from providing their numbers to reporters for Afollow-up@ calls or for any other reason. If a reporter should call your room or cell phone, instruct him or her to contact the SID office and follow the proper procedure. TIPS TO MAKE INTERVIEWS MORE ENJOYABLE Relax and have fun. The media always appreciate honest answers and you=ll feel more comfortable just being yourself. Always remember that you are not only representing yourself, but your coach and your school. Be prompt. When we set up an interview for you, we expect you to keep your appointment. If a problem arises, call us. There is nothing more distressing for the athletics staff and embarrassing for the university and your program than to have media members waiting for your appearance. You can say Ano@. Most of your interviews will come about because of success. On occasion, however, you may be asked about a situation that is delicate or controversial. If you are asked about something that may reflect negatively on you, your team, or Duke, remember 28 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 26 of 30 EXHIBIT 5 Page 26 of 29 that you have the right not to discuss a particular subject. Be polite but firm. Say AI=d rather not discuss that subject.@ Use the sports information staff as a sounding board if you are uncomfortable with certain subjects. Be quotable. You can develop a reputation as a good interview by being creative and quotable without being outrageous or controversial. Remember that your opponents already have plenty of motivation. There=s no reason to say anything that will provide them with more. You can improve. If you=re interested in improving your ability to handle interviews or public speaking situations, we can help you. Our business is dealing with the media, so make use of the sports information staff. You can make a positive impression in interview situations if you know what you=re doing. Positive interaction between Duke student-athletes and the media is important to the university, but this importance is relative. You will never be asked to miss class or postpone schoolwork to conduct an interview, and you should not volunteer to do so. In an interview, you are encouraged to be open, honest, and prudent. Avoid situations in which you are speaking Aoff the record@. Information obtained in these circumstances very rarely remains off the record. OTHER FUNCTIONS OF THE SID OFFICE The Sports Information Department publishes the media guides and publicity materials for each varsity sport at Duke. We always work in the best interests of the university and we are not members of the media. During your freshman year you will be asked to fill out a publicity questionnaire by our office so that we have all of your vital information on file. Please fill it out completely and honestly. This helps us with biographical information and allows us to be more knowledgeable about you. We will contact your hometown newspapers as often as possible so your family and friends back home can hear about your accomplishments. We are here to help you, so please feel free to provide us with any facts or accomplishments we may not know. MEDIA IN THE TRIANGLE Five major newspapers cover Duke athletics on a daily basis. They are the Durham Herald-Sun, the Raleigh News and Observer, The Greensboro News and Record, the Winston-Salem Journal, and the Charlotte Observer. Three television stations have full-time sports staffs: WRAL (CBS), WTVD (ABC), and WLFL (Fox). Duke=s radio station rights belong to Moore Productions, Inc. with WDNC (620 AM) as the flagship station in Durham. Over 30 stations cover every Duke football game and over 65 cover every basketball contest. The student newspaper, The Chronicle, also provides the Duke community with extensive coverage of all 26 sports. Duke also attracts a large national audience and thus it is not uncommon to have media members from all over the country in town to cover a Duke event or interview a Duke student-athlete. 29 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 27 of 30 EXHIBIT 5 Page 27 of 29 TRAINING ROOM POLICIES AND PROCEDURES There are four Duke University Varsity Training Rooms, located in the Murray Athletic Facility (Olympic Sports), The Yoh Center (Football, injury rehabilitation), the SchwartzButters Building (Men=s and Women=s Basketball), and the Brodie Gym (Field Hockey, Volleyball). These training rooms are open to all students who are members of intercollegiate teams. They are staffed by 10 certified athletic trainers. Along with the staff athletic trainers, there are five physicians who work directly with Duke athletes. Dr. Tee Moorman is Director of Sports Medicine. He is responsible for care of all orthopaedic (injury) problems, along with Dr. Allison Toth, Dr. Bill Garrett, and Dr. Dean Taylor. Dr. Jeff Bytomski is team medical physician. He is responsible for all medical (illness) needs of Duke athletes. Through these physicians, the training room staff can also call upon the resources of the Duke University Medical Center to handle any problems that student-athletes may experience. DOCTOR REFERRALS All doctor referrals for Duke athletes are done through the training room. One of the staff athletic trainers will make any appointment you may need. Do not take it upon yourself to make an appointment with the team orthopaedic physician or any other specialist. In order for any athlete to be seen, he or she must have an Injury/Illness Referral Form from the training room prior to the appointment. PHYSICAL EXAMINATIONS All varsity athletes are required to undergo a physical examination every year in order to be allowed to practice and compete. Physicals will be coordinated by the training room staff and head coach. Your head coach will inform you of the date, time, and place of your physical prior to the beginning of practice. INSURANCE COVERAGE All Duke athletes are covered by a catastrophic injury policy taken out by the Department of Athletics. This covers you in the case of a catastrophic injury and/or death that occurs during practice or a contest. All athletes are also covered by travel insurance which would cover you in case of an accident which occurs while you are traveling with your team to or from a site of competition. Medical insurance is divided into two components. The Athletic Department has secondary insurance coverage on all athletes in case of injury. The athlete=s parents= insurance policy is used as the primary policy in case of injuries which require doctor=s referrals, surgery, etc. Your parents are aware of this policy and have filled out an Insurance Information Form for this purpose. NON-ATHLETIC AND PRE-EXISTING INJURIES AND ILLNESSES The Duke Athletic Department insurance does not provide coverage for any illness, pre-existing condition, or nonathletic injury that you may incur. It provides coverage only for athletic injuries that occur during university sponsored and supervised athletic events. The athletic trainers and team doctors will help in coordination of treatment and care for non-athletic injuries and illnesses but financial responsibility for this care falls upon the athlete and his/her parents. 30 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 28 of 30 EXHIBIT 5 Page 28 of 29 HOSPITAL AND DOCTOR=S BILLS If are injured during athletic participation and receive a bill from Duke Medical Center, have it sent to the Head Athletic Trainer as soon as possible. He will make certain that the bill is processed correctly. Because the processing of bills through the DUMC accounting and billing department is sometimes slow, you or your parents may receive the same bill again. If this should occur, make sure that you ents continue to forward the bills to the Head Athletic Trainer. MEDICAL CARE FOR STUDENT-ATHLETES All varsity athletes are under student health medical care. To accommodate your class and practice schedules, Dr. Bytomski is available for medical visits in the Murray Training Room from 1:30-5:00 p.m., Monday through Friday. No appointments are necessary. Because of the necessity of having continuity of care and to keep the trainers and coaches aware of any problems, he should be informed about any treatment or infirmary admission that occurs after training room hours. Consultations, when necessary, will be arranged by Dr. Bytomski. GENERAL TRAINING ROOM REGULATIONS 1) Report all injuries and illnesses to the training room staff immediately. 2) No cleats or spikes are allowed in the training room. 3) No horseplay or foul language in the training room. 4) Do not remove any supplies (tape, elastic wrap, towels, etc.) from the training room without permission from the training room staff. 5) The training room is co-ed; dress appropriately. 6) Return any equipment (crutches, elastic wraps, immobilizers, etc.) which you no longer need. 7) PICK UP AFTER YOURSELF. 31 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 29 of 30 EXHIBIT 5 Page 29 of 29 I hereby consent to participation in the Duke University Drug-Testing Program as a condition of my participation in intercollegiate athletics at Duke and as a condition to the receipt of any athletically related financial aid. I affirm that I have been provided an opportunity to review the policy and procedures for the Duke University Drug-Testing Program and have been given an opportunity to ask questions about the Program. I understand that the failure to execute this drug-testing consent form; an unexcused absence from a drug test; or a refusal to provide a sample or the tampering with or manipulation of a sample will be treated as a positive drug test for an anabolic steroid. This will result in the suspension of eligibility to compete in intercollegiate competition for one calendar year and may result in the loss of athletic financial aid. I understand that the results of any positive drug tests will be disclosed in accordance with the policies and procedures of the Duke University Drug-Testing Program. ___________________ Date _______________________________________ Signature of student-athlete ___________________ Date ________________________________________ Signature of parent/guardian (if student is a minor) ___________________________________ Name (please print) ___________________________________ Sport Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document 07/23/2008 1:08-cv-00502 Document 1-6 Filed have been extracted. Page 30 of 30 EXHIBIT 6 ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. Case 1:08-cv-00502 Document 1-7 Filed 07/23/2008 Page 1 of 49 EXHIBIT 6 Page 1 of 48 Athletic Policy Manual of Duke University Revised, May 2007 Case ____________________________________________________ Pursuant to M.D.N.C. Local Rule 7.1(e), the non-essential materials contained in the original document have been extracted. 1:08-cv-00502 Document 1-7 Filed 07/23/2008 Page 2 of 49 EXHIBIT 6 Page 2 of 48 INDEX I. General A. Mission Statement for Intercollegiate Athletics....................................3 B. Introduction.............................................................................................3 C. Authority for Athletic Policy...................................................................4 Trustee Responsibility A. The Board of Trustees Policy for Athletics ............................................4 Administrative Responsibility A. President's Implementation of Board Policy......................................... 5 B. The Athletic Council................................................................................ 5 C. Responsibilities of the Faculty Athletics Representative ................... 10 D. Responsibilities of the Director of Athletics........................................ 10 Athletic Policies and Procedures A. Admissions............................................................................................. 12 B. Academic Progress .............................................