Judge declines to block Uhart’s DIII move

Ruling deals setback to student athletes trying to stop downgrade

A federal court has dismissed almost all claims of fraud and misrepresentation against the University of Hartford by student athletes suing to block the school’s decision to downgrade from Division I to Division III athletics, and left the students only faint hope that they might try again to stop the move in the future.

In two decisions made public Thursday, U.S. District Judge Michael P. Shea said the student athletes demonstrated that their college experiences and athletic ambitions are harmed by the decision to compete in lower tier athletics. But Shea said the students largely failed to support claims that they agreed to enroll in the school based on fraudulent promises and misrepresentations about competing for at least four years at a Division I level.

“I disagree with (the university) and find that (student athletes) have alleged sufficiently that the University’s decision to transition to Division III will impact their Division I experience, resulting in concrete and particularized injuries,” Shea wrote.

But, he said, “I find the (student suit) fails to allege that any statements made to the Plaintiffs were known to be untrue when made.”

Shea made one exception, allowing Malcom Bell, a senior and partial scholarship lacrosse player recruited by five schools, to continue pressing the suit on the sole claim that he enrolled based on the university’s “negligent admissions and breach of contract” over promises to remain a Division I school for athletics.

In addition to seeking monetary damages, the 10 student athletes asked Shea to block the transfer to Division III. Shea declined, saying that the student suit failed to show the likelihood of success required for such a ruling. The students can renew the request if Bell continues to press the suit and if that produces new evidence.

“This case is a reminder that a college coach’s recruiting pitch to a talented high school athlete provides no guarantee that her dreams of glory will be realized,” Shea wrote.

Attorneys for the students and the school declined to discuss the decision. The school applauded it.

“We are very pleased with the court’s ruling; it clearly supports our position from the beginning of this case,” said Molly Polk, Vice President for Marketing and Enrollment. “The University of Hartford, like any private institution, has a duty and a right to make decisions that are in the best long-term interest of the school