UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF NORTH CAROLINA
DUKE UNIVERSITY and ORRIN
DANIEL VINCENT, III.
Civil Action No. 1:08—cv—00502
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
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 lim