UNC & NCAA Seek Dismissal of Academic Fraud Claims

On Monday, March 30, both the University of North Carolina and the NCAA filed motions to dismiss the lawsuit they’re facing brought by two former student-athletes for failing to provide them a meaningful education.

The lawsuit, filed in January, stems from the highly publicized academic fraud scandal where it was shown that the University of North Carolina had been offering “paper classes” to boost grades.  These classes required very little work, lacked academic integrity, and provided failing student athletes the grade boost necessary to keep them eligible for NCAA sports.  The plaintiff student-athlete’s claim that UNC breached their contract by failing to provide academically sound classes and the NCAA breached its duty to prevent this type of fraud from happening.

The motions filed Monday attack the plaintiff’s allegations as being barred by the statute of limitations and failing to state a legally recognizable claim.  Specifically, the NCAA asked the court to dismiss the suit against them because it didn’t owe the plaintiffs a duty to ensure the credibility of UNC’s classes.  The NCAA cannot be held liable for UNC’s academic choices.

The University asked the judge to dismiss the lawsuit against them because the statute of limitations has run on the plaintiffs’ breach of contract claims.  Additionally, UNC argued the plaintiffs are not entitled to an extension of the statute of limitations because the plaintiffs were aware from the beginning of the fraudulent classes.  UNC argues the plaintiffs, who took the courses, were in the best position to recognize the classes they were enrolled in did not meet academic standards.  The plaintiffs are expected to respond within 20 days and argument will be held in court shortly thereafter.

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