Brown v. Compton Unified School District

Opinion

EPSTEIN, J.

James Brown, Jr., received a full basketball scholarship from the University of Southern California. That scholarship was revoked because Brown did not fulfill all of the eligibility requirements of the National Collegiate Athletic Association (NCAA). In response, Brown sued his high school counselor and the school district (collectively, respondents). The trial court granted respondents’ motion for judgment on the pleadings. We affirm because both parties are immune from liability for negligent misrepresentations.

Factual and Procedural Summary

In a complaint, Brown alleged causes of action for negligence and breach of an oral contract against Compton Unified School District and Ms. Rae

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Bonner. According to the complaint, Brown enrolled in Manuel Dominguez High School as a senior with the “expressed purpose” of taking the required classes to satisfy the NCAA eligibility requirements and of participating in the Manuel Dominguez High School basketball program. The school is a part of the defendant school district. Ms. Bonner, Brown’s counselor, advised him to emolí in a particular science course. The course did not meet the NCAA requirements. Failure to complete the required science class resulted in revocation of a basketball scholarship to the University of Southern California after Brown was enrolled at the university.

Brown further alleged that Compton Unified School District “expressly and impliedly provided in pertinent part that his transfer to Manuel Dominguez High School and the playing of interscholastic men’s basketball for said school would not jeopardize, compromise or threaten his ability to fulfill those high school educational prerequisites mandated by the NCAA for athletes to subsequently participate in its intercollegiate athletic program.” According to the complaint, Brown transferred in reliance of those statements.

The complaint incorporates by reference a letter from the high school principal to the NCAA Academic Requirements Committee. The letter states that Brown’s failure to take the required science class is “completely the result of misadvisement on the part of one of our school’s academic counselors.” “Dominguez High School must assume responsibility for misadvising James Brown. It is true that our counselors are overworked and not experts in interpreting NCAA rules; however, this is a mistake that should not have been made. James simply followed the advise [sic] given to him by a school authority.”