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Case by Case - Fall 2001 In his senior year in high school, Bruce was a star on the basketball court who caught the attention of college coaches. He was on-track academically, having registered for courses that would allow him to satisfy core eligibility requirements established by the National Collegiate Athletic Association (NCAA). Bruce became dissatisfied with an NCAA-approved English literature class. With the help of a guidance counselor, he dropped that class and replaced it with another English class. According to Bruce, the counselor told him that the new course was also approved by the NCAA. Late in his senior year, Bruce accepted a full basketball scholarship from a university. After graduation, the bottom fell out of his plans when the NCAA informed Bruce that the English class he completed did not satisfy its core requirements because it had not been submitted by the school for approval. This left him short of the minimum NCAA requirements and caused the university to revoke his scholarship. Bruce sued the school district on a theory of negligent misrepresentation by the guidance counselor. The state supreme court allowed Bruce's lawsuit to continue. Unlike most educational malpractice claims, the majority of which fail, Bruce's claim did not challenge classroom methodology or theories of education. The claim was more akin to those brought for misrepresentation by clients against professionals who have been sought out for their expertise. While the claim of negligent misrepresentation usually arises in a commercial context, the court saw no reason not to extend it to anyone, including a high school counselor, who is in the business or profession of supplying information to others.
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