Fore! That's the number of unsettled cases filed against the University in recent months.
This time the plaintiff is the son of former New York mayor Rudy Giuliani, senior Andrew Giuliani, which is generating media attention.
Last month Giuliani filed suit against the University, complaining that he was unfairly dismissed from the men's golf team last school year.
In short, his case is tenuous at best, vindictive at worst and, on its face, without merit in any court of law.
The complaint hinges on an alleged "Contract" between the University and Giulinani. It is said to have stipulated that over the course of four years, Giuliani would pay $200,000 in tuition and fees, and in return the University would provide education, housing, a spot on the golf team and lifetime access to the golf program's training facilities.
Giuliani's counsel, Bob Ekstrand, Law '93, argues that by cutting Giuliani from the men's golf team and terminating his access to the program's facilities, head coach O.D. Vincent-and, by connection, the University-violated this contract.
The central argument of the case-the contract between Duke and Giuliani-is undeveloped and unclear. It receives only a brief mention and a cursory explanation in the beginning of the complaint, yet it dominates the body of the claim. This shaky concept of a contract is further belied by the fact that no formal, written contract was signed by either party in this case.
Giuliani's argument also targets the conduct of Vincent. The complaint brands Vincent's actions in cutting Giuliani from the team as erratic, unfair and outside of the realm of his coaching authority. This is simply not the case.
Vincent was clearly acting within his jurisdiction when he decided to reduce the number of players on the roster from 13 to six. Since Giuliani had never been one of the best six golfers on the team, it is reasonable that Vincent did not offer him a spot on the 2008-2009 men's golf roster.
What's more, Giuliani was disciplined for such disrespectful conduct as breaking the head off of a golf club, disrespecting a playing partner and throwing an apple at a teammate's head. This behavior provided further justification for Vincent's decision to cut Giuliani.
While the merits of the case appear to favor the University, Duke's reaction to Giuliani's complaint was suspicious. When Giuliani approached then-Interim Director of Athletics Chris Kennedy regarding his troubles with Vincent, Kennedy began an internal investigation into the matter, but his work was stopped in its tracks by University Counsel Pam Bernard.
It is also odd that the University is now refusing Giuliani lifetime access to its golf training facilities, especially because that privilege was promised to him by late men's golf coach Rod Myers. In the interest of reconciliation, this would not be an undue burden on the University.
That Giuliani deserves financial compensation for any alleged suffering and damages associated with his dismissal from the golf team, however, is wrong. The University must rigorously defend itself against this unclear, vague and rather peculiar lawsuit.
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