Kroloff Belcher Smart Perry & Christopherson

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Good Faith and Fair Dealing: The Implied Duty to Meaningfully Educate the College Athlete Margaret E. Ciccolella, University of the Pacific; Linda A. Sharp, University of Northern Colorado; Kerry Krueger , Law Firm of Kroloff, Belcher, Smart, Perry & Christopherson, Stockton, California (Originally published Entertainment and Sports Law Journal Volume 6 Number 1. Abstract Statements found in the NCAA Manual and made by the NCAA President emphasize the primacy of academic success for college athletes. However the reality of a 'meaningful education' is often elusive due to the multitude of competing interests. College athletes must balance academic success with the extensive time demands of athletic competition, practice, travel, conditioning, watching game film, etc. Often, this balancing act proves unsuccessful insofar as it pertains to the achievement of educational goals. To date, there has been little legal recourse available for aggrieved college athletes who wish to argue that they have been unfairly deprived of the opportunity for a meaningful education. Educational malpractice lawsuits have been unsuccessful and contractual recourse for students has been limited to cases in which specific promises have been breached by a university. The authors argue, however, that college athletes should be able to rely upon a university's good faith efforts to provide a meaningful education. If a university fails to act in good faith a cause of action based on a breach of the duty of good faith and fair dealing should be available to the college athlete. Keywords College Sport-Contract-Good Faith and Fair Dealing Introduction 'Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement' (Restatement of Contracts [Second] (1981)

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