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In the case of Soderbloom v. Yale University, members of a varsity wrestling team filed an application fro temporary injunction to prevent their university from terminating a wrestling program in an alleged breach of contract for educational services. The members also urged the court to order the university to permit an alumni group to temporarily finance the wrestling program. In law, an injunction is a court order that keeps a person or organization from beginning or continuing an action threatening or invading the rights of another. An injunction can also be used to compel a party to carry out a specific action. In the case at hand, the wrestling team wants the court to both prevent the university from terminating the program, as well as compel the university to allow alumni to finance the team.
The university argued that the form of relief requested was inappropriate since the program was terminated in April and in November the members acted, seeking a temporary injunction of a mandatory nature to, in effect, restore the program, and not to maintain the status quo. The university also argued that there was no contract between the members and the university requiring the university to maintain the wrestling program. The members claimed that the university terminated the program November 15, 1991, when the present season began. The university claimed that it announced the termination of the program in April 1991. The laws of contract are in fact being applied in student-university cases. They are being applied, but a specific contract must be shown to exist if the student is to prevail. In areas of policy, administrative decisions, and the everyday routine of running the institution, the courts display a reluctance to dictate to the educational authorities.
In a memorandum of decision the court denied the members' application for a temporary injunction. The court declined to make a factual finding as to when the program was terminated. The court did not find a contract binding the university to provide varsity wrestling during the members' academic careers. The court also declined to order the university to permit the alumni group to temporarily finance the varsity wrestling program. “As noted by [Yale University] in its brief, even if varsity wrestling were considered part of a contract between the [team members] and Yale, and even if Yale had not specifically reserved the right to make changes, courts have recognized that universities must have the flexibility to make changes in furtherance of their educational responsibilities” said the court. “Certainly in the period of time between a student's matriculation and graduation, an educational institution, which is a living, changing thing, may not reasonably be expected to remain static; and, conversely, change may reasonably be expected.”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Soderbloom v. Yale University, 1992 Conn. Super. LEXIS 256 (Conn. Super. Ct. Feb. 3, 1992)
