Complaint (VT Fed Dist) : Knelman V Middlebury College and Bill Beaney (May 5, 2011)

Case 5:11-cv-00123-cr Document 1
Filed 05/11/11 Page 1 of 33
UNITED STATES DISTRICT COURT
ZOIl MAY I I At; 9: 02

FOR THE
DISTRICT OF VERMONT
JAMES "JAK"KNELMAN,
Plaintiff
)
)
)
)
)
)
)
)
v.
MIDDLEBURY COLLEGE and
BILL BEANEY,
Defendants
Docket No.
5: \ l- C'/-- \:;l3
COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff James "Jak" Knelman, by and through his undersigned counsel, herein states his
causes of action and claims for relief as follows:
Nature of Action
1.
Plaintiff James "Jak" Knelman ("Knelman") is a student-athlete at Middlebury
College who played on the hockey team until he was wrongly dismissed on January 24,2011.
On January 15,2011 Knelman left an alumni hockey banquet shortly before it ended to spend
time with his father who was visiting that weekend. Head coach defendant Bill Beaney ("Coach
Beaney") subsequently berated Knelman for this in front of the entire hockey team, and then
suspended and dismissed Knelman from the team.
2.
Knelman brings this action to obtain damages and equitable relief to remedy,
among other things, the breach of contract, breach of covenant of good faith and fair dealing,
breach of fiduciary duties and defamation by defendants in connection with the arbitrary and
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capricious dismissal of Knelman by Coach Beaney from the hockey team. As more fully set
forth below, defendant Middlebury College ("Middlebury") breached its contract with Knelman
by, among other things, (a) failing to ensure that Coach Beaney treated Knelman fairly, ethically,
with integrity and in good faith; (b) permitting Coach Beaney to arbitrarily and capriciously
dismiss him from the Middlebury hockey team; and (c) failing to adhere to the NCAA Division
Ill's requirement that Middlebury assure that the actions of its coaches and administrators exhibit
fairness and honesty in their relationships with student-athletes. In their positions of trust and
power over student-athletes such as Knelman, Middlebury and Coach Beaney also breached their
fiduciary duties owing to Knelman.
3.
As a result of Defendants' wrongful acts, Defendants are liable to Knelman for all
resulting losses, including reimbursement of tuition paid to Middlebury and the economic loss of
his professional hockey career. In addition, Knelman seeks specific performance of his contract
with Middlebury as well as equitable relief in the form of an injunction requiring Middlebury to
reinstate Knelman as a player in good standing on the hockey team, to enjoin Defendants from
stating that Knelman did anything wrong that led to his dismissal from the team, and to hold a
public hearing on Knelman's complaint that Coach Beaney violated Middlebury's Code of
Conduct when he arbitrarily and unfairly dismissed Knelman from the Middlebury hockey team.
Parties
4.
Plaintiff Knelman, a Minnesota resident, is a student-athlete at Middlebury
College.
5.
Defendant Middlebury is a liberal arts college located in Middlebury, Vermont.
Middlebury is a Division III member ofthe National Collegiate Athletic Association ("NCAA").
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6.
Defendant Coach Beaney is a member of the coaching faculty at Middlebury and
has been the head coach of Middlebury's men's hockey team for several years.
Jurisdiction and Venue

7.
This Court has jurisdiction over the subject matter of this action and the parties
hereto pursuant to 28 U.S.C. 1332(a), as complete diversity exists between Plaintiff and
Defendants and the amount in controversy exceeds $75,000, exclusive of interest and costs.
8.
Venue is proper in this Court pursuant to 28 U.S.C. 1391(a). Middlebury
College is located in Vermont and Beaney resides in Vermont and both are subject to the
personal jurisdiction of this Court. In addition, a substantial part of the events and omissions
giving rise to the claims in this action occurred in this district.
A.
Knelman Is A High Achiever Academically And A Talented Hockey Player.

9.
From the time he was a young boy, Knelman loved playing hockey and aspired to
be a professional hockey player. At the same time, he understood early on the importance of
obtaining a high-quality education.
10.
Knelman graduated from the Academy of Holy Angels, a Catholic high school
located in Richfield, Minnesota, in 2007 with aspirations of becoming a professional hockey

player. In addition to excelling academically in high school, Knelman was a lead player on his
high school hockey team, and was recognized as a promising young hockey player. Among
other achievements in hockey, he was a leading scorer in Minnesota, named to the AllConference Team of the Missota Boys' Hockey League, and he was awarded the Hobey Baker
High School Character Award in 2007, an award presented to the player on the team who most
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exemplifies the values and traits of character, commitment, teamwork, persistence, selflessness,
academic excellence and sportsmanship.
11.
Following high school, to pursue his aspiration to be a professional hockey player,
Knelman briefly attended Colgate College and then joined the United States Hockey League
("USHL"), a top prepatory hockey league that is one of the nation's top producers for junior
hockey talent for colleges and the NHL (approximately 158 former players have active NHL
contracts) .
12.
Knelman was with the USHL Chicago Steel team for about two years, where he
was an assistant captain and a valued player.

13.
Knelman began the process of returning to college during 2009. Knelman had
hopes and expectations of using a college career in hockey as a means to enter into professional
sports as do many college students.
B.
Knelman Is Recruited To Play Hockey At Middlebury.

14.
Given Knelman's skill and talent as a hockey player, Knelman could have
considered a NCAA Division I college. However, Knelman was interested in attending a smaller
liberal arts college where he could continue to excel academically as he had done in high school.
15.
In the spring of 2009, Knelman contacted Coach Beaney at Middlebury, as well
as the hockey coaches at two other NCAA Division III colleges, and informed them of his
interest in attending a NCAA Division III college and playing hockey. Middlebury's hockey
coaching staff was very enthusiastic about Knelman's interest in Middlebury and immediately
recruited him to attend Middlebury.
16.
Knelman told Middlebury coaching staff that he was interested in improving his
hockey skills and pursuing a professional hockey career following college. The Middlebury
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coaching staff assured Knelman that Middlebury was committed to proactively assisting studentathletes in seeking positions on professional hockey teams.
C.
Knelman Decides To Attend Middlebury Based Upon Middlebury's Representations

That He Would Be Able To Pursue His Academic Interest In Environmental Studies And
Have A Position On The Hockey Team.
17.
During the recruitment process, Middlebury coaching and admissions staff
represented to Knelman that as a student at Middlebury, he would be able to pursue his academic
interest in environmental studies as well as play on the hockey team. Middlebury represented to
him that academic excellence was a top priority for its student-athletes. Knelman was well
aware that many colleges and universities did not share this same priority for its student-athletes.
After carefully considering his college choice, Knelman decided to attend Middlebury, relying
upon Middlebury's representations and commitments that the college would permit him to both
focus on his studies and play hockey.
18.
The Middlebury coaching faculty was thrilled with Knelman's decision,
informing Knelman by email on April 10, 2009 that "[i]t will be an experience you will never
forget. Its [sic] a special place and program. . .. We have an outstanding class coming in and
look forward to getting us back on top. We expect you will be a big part of it." (A copy of this
email is attached as Exhibit 1.)
19.
On May 5, 2009 the Middlebury Admissions Committee represented to Knelman
that "Middlebury is, perhaps above all, a close-knit and collaborative community, one that
depends upon its students, faculty, and staff to learn from each other, to care for each other, and
to create opportunities for all to grow." (A copy of this email is attached as Exhibit 2.)
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20.
Like all student-athletes with the potential for playing professional sports after
college, Knelman relied upon the Middlebury faculty, coaches and athletic department to assist
in his success.
D.
The NCAA Division Ill's Rules And Regulations Require Middlebury And Its Coaches
To Emphasize The Academic Achievement Of Student-Athletes, Treat Them Fairly, And
Have Policies In Place To Ensure This Occurs.
21.
The NCAA is a voluntary non-profit association whose members such as
Middlebury agree to honor certain conditions and obligations of membership, including the
obligation to conduct their institutional athletic programs in a manner consistent with the
NCAA's rules and regulations. Specifically, the NCAA Division III Manual provides:
2.8.1 Responsibility of Institution. Each institution shall comply
with all applicable rules and regulations of the Association in the
conduct of its intercollegiate athletics programs. It shall monitor its
programs to assure compliance and to identify and report to the
Association instances in which compliance has not been achieved.
In any such instance, the institution shall cooperate fully with the
Association and shall take appropriate corrective actions. Members
of an institution's staff, student-athletes, and other individuals and
groups representing the institution's athletics interests shall comply
with the applicable Association rules, and the member institution
shall be responsible for such compliance.
(A copy of this excerpt from the NCAA Division III Manual is attached as Exhibit 3 at page 4
(emphasis added).)
22.
The NCAA Division Ill's Philosophy Statement places a primary emphasis on the
student-athlete's educational experience:

Colleges and universities in Division III place highest priority on
the overall quality of the educational experience and on the
successful completion of all students' academic programs. They
seek to establish and maintain an environment in which a studentathlete's athletics activities are conducted as an integral part of the
student-athlete's educational experience, and in which coaches
playa significant role as educators.
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To achieve this end, Division III institutions:
(d)
Encourage the development of sportsmanship and positive

societal attitudes in all constituents, including studentathletes, coaches, administrative personnel and spectators;
(f)
Assure that the actions of coaches and administrators

exhibit fairness, openness and honesty in their relationships
with student-athletes;
(h)
Assure that athletics programs support the institution's

educational mission by financing, staffing and controlling
the programs through the same general procedures as other
departments of the institution.
(A copy of the NCAA Division Ill's Philosophy Statement is attached as Exhibit 3 at pages vii &
216-217.)
23.
The NCAA Division Ill's Philosophy Statement is embedded in all of its rules
and regulations, including its Principles for Conduct ofIntercollegiate Athletics which provides,
in part:
2.2.1 Overall Educational Experience. It is the responsibility of

each member institution to establish and maintain an environment
in which a student-athlete's activities are conducted as an integral
part of the student-athlete's educational experience.
2.2.4
Student-Athlete/Coach Relationship.
It is the
responsibility of each member institution to establish and maintain
an environment that fosters a positive relationship between the
student-athlete and coach.
2.2.5 Fairness, Openness and Honesty. It is the responsibility of
each member institution to ensure that coaches and administrators
exhibit fairness, openness and honesty in their relationships with
student-athletes.
(A copy of the NCAA Division Ill's Principles for Conduct of Intercollegiate Athletics is
attached as Exhibit 3 at pages 3-5.)
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24.
As a NCAA Division III member, Middlebury is required to have in place policies
to ensure that its coaches adhere to the fundamental values of respect, civility, honesty and
responsibility:
2.4
THE PRINCIPLE OF SPORTSMANSHIP AND
ETHICAL CONDUCT
For intercollegiate athletics to promote the character development
of participants, to enhance the integrity of higher education and to
promote civility in society, student-athletes, coaches, and all others
associated with these athletics programs and events should adhere
to such fundamental values as respect, fairness, civility, honesty
and responsibility. These values should be manifest not only in
athletics participation but also in the broad spectrum of activities
affecting the athletics program. It is the responsibility of each
institution to:
(a)
Establish policies for sportsmanship and ethical conduct in

intercollegiate athletics consistent with the educational
mission and goals of the institution; and
(b)
Educate, on a continuing basis, all constituencies about the

policies in 2.4.
(A copy of this excerpt from the NCAA Division III Manual is attached as Exhibit 3 at page 4.)
Similarly, Constitution Article 3.2.1.3 provides: "The institution's athletics programs shall
reflect the establishment and maintenance of high standards of personal honor, eligibility and fair
play." (Id. at page 9.)
25.
As a member of the NCAA Division III, Middlebury coaches are required to:
act with honesty and sportsmanship at all times so that
intercollegiate athletics as a whole, their institution and they, as
individuals, represent the honor and dignity of fair play and the
generally recognized high standards associated with wholesome
competitive sports.
(A copy of this Bylaw Article 11.1.1 Standards of Honesty and Sportsmanship from the NCAA
Division III Manual is attached as Exhibit 3 at page 47.)
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26.
A coach found in violation of the NCAA rules and regulations "shall be subject to
disciplinary or corrective action as set forth in the provisions of the NCAA enforcement
procedures." (A copy of this Bylaw Article 11.1.2 Responsibility for Violations of NCAA
Regulations is attached as Exhibit 3 at page 47.) Contracts between a coach and Middlebury are
required to include a provision acknowledging the authority of the NCAA to take disciplinary or
corrective action, including suspension without payor termination of employment. (A copy of
this Regulation 11.2.1 Stipulation That NCAA Enforcement Provisions Apply is attached as
Exhibit 3 at page 48.)
E.
Consistent With The NCAA's Standards, Middlebury Has Policies That, If Followed,
Should Protect Student-Athletes From Arbitrary And Capricious Faculty Conduct.
27.
Middlebury promised its students, including student-athletes such as Knelman,
that the college has high community standards for all members of its community, including
faculty and staff, consistent with the NCAA's standards. Middlebury's Community Standards
and General Policies provides:
Middlebury College requires all its faculty, staff, and students to
adhere to certain policies and regulations. These regulations,
which differ for different segments of the College community, are
all designed to further the educational goals of the College. The
College's central purpose is to develop the life of the mind in the
fullest sense; to foster clear and critical thinking; to disseminate
valuable information; to facilitate research; and to enrich the
imagination, broaden sympathy, and deepen insight. The College
seeks to help each student develop the capacity to contribute to
society and find personal fulfillment. Whatever promotes learning
and human growth is encouraged by the College; whatever hinders
it is opposed.
(A copy of Middlebury's Community Standards and General Policies is attached as Exhibit 4
(emphasis added).)
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28.
Filed 05/11/11 Page 10 of 33
One of the policies that Middlebury requires all of its faculty and staffto follow is
the Code of Conduct which requires:

Middlebury faculty and staff should conduct themselves ethically,
honestly and with integrity in all dealings. They need to be fair
and principled in their official interactions and to act in good faith
in these matters with others both within and outside the Middlebury
community. They should act with due recognition of their position
of trust and loyalty with respect to the College and its students,
fellow employees, research sponsors, and donors. When in doubt
about the propriety of a proposed course of action, they should seek
counsel from those colleagues, supervisors, or administrators who
can assist in determining the right and appropriate course of
conduct.
(A copy of Middlebury's Code of Conduct is attached as Exhibit 5 (emphasis added).)
29.
Consistent with this Code of Conduct, Middlebury's College Handbook requires
"all members of the College community to respect the dignity, freedom, and rights of others.
Violence in word or deed against another, ... defamation, are all considered serious offenses."
(A copy of this portion of Middlebury's College Handbook is attached as Exhibit 4.)
30.
In its College Handbook, Middlebury also prohibits all hazing activities which is
defined as:
any act committed by a person . . . against a student . . .
maintaining membership in any organization which is affiliated
with an educational institution; and which is intended to have the
effect of, or should reasonably be expected to have the effect of,
humiliating, intimidating or demeaning the student.
Middlebury's policy provides: "Hazing activity occurring on or off the Middlebury College
campus may lead to disciplinary proceedings with penalties for the individuals involved up to
and including suspension or expulsion." Activities believed to be hazing are to be reported to a
"Commons Dean, Director of Athletics or the Dean of the College." (A copy of this portion of
Middlebury's College Handbook is attached as Exhibit 4.)
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31.
Filed 05/11/11 Page 11 of 33
Middlebury has a lengthy procedure that the college follows when a student is
accused of conduct that could lead to disciplinary action such as probation, suspension or
expulsion. Middlebury commits in its College Handbook to affording due process to such
students "charged." Middlebury has procedures "designed ... to assure fundamental fairness
and to protect students from arbitrary or capricious disciplinary action." The College Handbook
provides that the outcome of all disciplinary proceedings "shall be reported in general terms to
the community .... Such reporting will be done in a way that ensures the confidentiality of the
proceedings and does not reveal the identities of involved individuals." (A copy of this portion
of Middlebury's College Handbook is attached as Exhibit 6.)
32.
Middlebury also has an Athletic Mission Statement which emphasizes the
importance of the educational experience that student-athletes attending Middlebury should

have. The Athletic Mission Statement provides that: "Athletics are an essential part of the
overall educational experience at Middlebury College." One of the Basic Principles governing
intercollegiate athletics at Middlebury is that intercollegiate athletics "be kept in harmony with
the educational purposes of the institution." It is the responsibility of the Director of Athletics, in
consultation with the Dean of the College, to administer rules consistent with this policy. (A
copy of Middlebury's Athletic Mission Statement is attached as Exhibit 7.)
33.
As a member of the coaching faculty, Coach Beaney is expected to "be actively
supportive in insuring that [his] students' opportunity to excel in their academic pursuits is
always viewed as being of paramount importance." (A copy of the Rules of Reappointment for
Physical Education Faculty are attached as Exhibit 8.) Thus, Coach Beaney is expected to be
committed to Middlebury's Mission Statement, NESCAC Mission Statement and the NCAA
Division III philosophy, and adhere to Middlebury's and the NCAA's rules and policies. (ld.)
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F.
Filed 05/11/11 Page 12 of 33
Knelman's First Year As A Student-Athlete At Middlebury Was Consistent With

Middlebury's Representations.
34.
During the 2009-2010 academic year at Middlebury, Knelman excelled both
academically and as a member of the college's hockey team. Knelman received college honors
both semesters, including recognition on the Dean's List and as a College Scholar. Knelman was
also a significant contributor on the hockey team.
35.
Based upon the representations and commitment that Middlebury College made to
him as a student-athlete, Knelman paid $52,120 for tuition, room and board to attend Middlebury
for the 2010-2011academic year and to participate in the Middlebury hockey program.
G.
Coach Beaney Arbitrarily And Capriciously Suspended Knelman From The Hockey
Team On January 18,2011.
36.
Knelman began the 2010-2011 hockey season ready and eager to play on the
Middlebury team. By January 2011, the team had a less than a .500% record. Although the team
was not doing well, Knelman was a lead scorer.
37.
Middlebury had a hockey alumni weekend scheduled for January 14-16,2011. A
week or so before the alumni weekend, Coach Beaney informed the student-athletes on the
hockey team that he expected them to attend the banquet with the alumni on Saturday evening,
January 15,2011. Knelman subsequently asked Coach Beaney how long the banquet would last,
explaining that his parents were planning to visit Middlebury that weekend and they wanted to
have dinner with him on Saturday night. Coach Beaney told him the banquet should last no
longer than an hour and a half.
38.
Knelman was looking forward to seeing his parents that weekend since he sees
them infrequently. He was in need of their support in dealing with some recent life-changing
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events. A good family friend had recently had a heart attack, and his girlfriend's father had
received a very poor cancer prognosis.
39.
Knelman's father arrived to visit Knelman on Friday, January 14,2011.
Knelman's mother was unable to travel to Middlebury that weekend due to a snowstorm.
40.
On Friday, January 14,2011, the Middlebury hockey team tied in a game that the
team was expected to win. On Saturday, January 15,2011, Middlebury lost a game to Weslyan,
which was a first. Middlebury's hockey team had never lost to Weslyan before. Coach Beaney
made it known that he was very unhappy with the team's performance.
41.
Knelman attended the alumni banquet on Saturday, January 15,2011, which
began at 5:30 p.m. Contrary to the information Coach Beaney had given Knelman, the banquet
lasted well over an hour and a half. After two and a half hours, shortly after 8:00 p.m., the only
items left on the banquet program were an open mike session for alumni to tell stories about their
Middlebury hockey team experience and a brief closing address. Because Knelman's father had
been waiting quite awhile for him, Knelman decided he needed to leave the banquet. Knelman
left the banquet with no incident. Knelman had no indication from anyone - his teammates or
coaches - that his departure from the banquet caused any problem or difficulty with the alumni
or anyone else.
42.
On Monday, January 17, 2011, with no warning whatsoever, Coach Beaney called
a team meeting and proceeded to humiliate and intimidate Knelman in front of all of his
teammates because Knelman had left the alumni banquet before everyone else. Among other
things, Coach Beaney said that Knelman's departure from the banquet was selfish. He called on
one of Knelman's teammates to comment about what he thought about Knelman's departure
from the banquet. Believing that he had no choice but to support Coach Beaney, the teammate
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said that it was selfish and that Knelman should not have left the banquet. (The teammate later
apologized to Knelman, and told Knelman that he felt pressured by Coach Beaney to say this.)
As the meeting continued, Coach Beaney asked every player to express their view of how they
could tum around the season except when it was Knelman's tum, Coach Beaney interrupted
Knelman, saying that he did not deserve the right to speak and he directed Knelman to sit down.
Knelman was stunned with Coach Beaney's bullying and humiliating treatment of him.
43.
After the coaches left the meeting, Knelman told the team that he had not
intended to hurt the team by leaving the banquet, and he apologized ifhis departure appeared as
ifhe did. That evening Knelman contacted each hockey player individually to let them know
how much he cared about the team and, again, he said that he had not intended to hurt the team
by leaving the banquet. Each team member was supportive of Knelman and did not have any
concerns about his commitment to the team.
44.
On the morning of January 18,2011 Knelman went to the ice rink to talk to the
coaches about what had happened. After waiting for an hour for Coach Beaney to finish
teaching a class, Knelman was able to talk to Coach Beaney briefly and tell him that he was
sorry for what had happened. Coach Beaney was rude and dismissive of Knelman.
45.
Prior to the team's practice that afternoon, Charlie Strauss ("Strauss") (the team
captain) informed Knelman by telephone that he would not be permitted to practice with the
team that day or be in the locker room with other team members. Strauss told Knelman that a
decision would be made later about Knelman's status for the rest ofthe week.
46.
The next day, on January 19,2011 Knelman was informed that he had been
suspended from the team through the weekend.
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47.
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On Thursday, January 20,2011 the team captains approached Knelman following
a meeting they had with Coach Beaney. Bryan Curran ("Curran"), whom had been completely
supportive of Knelman earlier in the week, told Knelman that he questioned his commitment to
the team and thought he was selfish. Knelman was shocked by Curran's comments. Curran
subsequently told Knelman to move his equipment out of the locker room which he did.
48.
Even though Knelman was devastated by Coach Beaney's treatment of him, he
attended as a spectator the hockey games that weekend, and greeted and congratulated the team
on their victories after the games.
49.
Late on Sunday, January 23, 2011, Strauss informed Knelman that he would be
back on the team the next day. Knelman was thrilled to hear this and he talked with Strauss
about ways to help improve the team's performance.
H.
Coach Beaney Arbitrarily And Capriciously Dismissed Knelman From The Hockey
Team On January 24,2011.
50.
On Monday, January 24,2011, Knelman learned from Strauss that when Coach
Beaney heard that the captains wanted Knelman back on the team, Coach Beaney said he would
follow up with them later about it.
51.
Later that day, Coach Beaney informed Knelman during a meeting in Coach
Beaney's office that Knelman was dismissed from the team for the rest of the season and that he
should turn his equipment in within forty-eight hours. When Knelman asked Coach Beaney why
he was taking this action towards him, Coach Beaney responded, "You have a lot of things on
your plate and I just don't think hockey is a priority." Knelman tried to explain to Coach Beaney
that he was wrong but Coach Beaney would hear none of it, stating that Knelman was attending
Middlebury for its Environmental Studies Program, not for the hockey program. When Knelman
asked whether Coach Beaney's decision was because of his departure from the banquet, Coach
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Beaney responded that the banquet was part of the reason "but we had problems with you last
year throughout, and you're just not committed to this. You weren't happy with your position,
you just didn't care." When Knelman replied, "So therefore I must be the most selfish and
uncommitted player on the team," Coach Beaney said, "Pretty much, from what I see and from
those who I have talked to I have come to that conclusion." Completely devastated, Knelman
asked, "So this is it, over?" Coach Beaney responded, "As far as I can see. Maybe if a good
portion of your team steps forward for you, maybe I will consider something, but yes it's done."
Knelman left the meeting shocked and very upset.
52.
Knelman had not broken any team, college, conference or NCAA rule that would
disqualify him from continuing to participate on the team. Nevertheless, Coach Beaney had
summarily dismissed him from the team.
53.
During the next few days, numerous members of the hockey team told Coach
Beaney that they strongly disagreed with his decision to dismiss Knelman from the team. In
response, Coach Beaney initially responded that it was not his decision alone and only an
unanimous decision by the team could change Knelman's dismissed status. Later, as it became
clear to Coach Beaney that Knelman may have unanimous support from his teammates, Coach
Beaney switched his explanation, indicating to the team that it was his decision to dismiss
Knelman. At a team meeting and in discussions with individual student-athletes, when
explaining the reason for his dismissal of Knelman, Coach Beaney said "this was not an isolated
incident." Eventually, Coach Beaney told Knelman's teammates that he may be right, he may be
wrong but his door is closed and Knelman is indefinitely off the team. He told Knelman's
teammates, "you can either sit and dwell on it, or you can get over it," "case closed."
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54.
Filed 05/11/11 Page 17 of 33
Coach Beaney had falsely accused Knelman of not being committed to the
Middlebury hockey program. In addition, Knelman knew that Coach Beaney's decision to
summarily dismiss him from the team because he was too devoted to his studies was contrary to
several of Middlebury's policies relating to student-athletes.
1.
To No Avail, Knelman Complains To Middlebury's Administration About Coach

Beaney's Unfair Treatment Of Him.
55.
On Tuesday, January 25, 2011, Knelman began his first of many efforts to have
Middlebury address Coach Beaney's arbitrary and capricious treatment of him. Knelman first
consulted his academic advisor Jeff Howarth ("Howarth"). At Howarth's suggestion, Knelman
contacted Professor Peter Nelson ("Nelson"), the Chair of the Geography Department. Knelman
also informed Ian Sutherland ("Sutherland"), the Dean of Cook Commons and Professor of
Classics, and Tamar Mayer, a Professor of Geography, about what had occurred and they both
were sympathetic and supportive of Knelman.
56.
Knelman met with Nelson on January 27,2011 and informed him of his dismissal
from the hockey team. In response, Nelson was supportive of Knelman challenging Coach
Beaney's decision, and Nelson expressed concerns to Knelman about Coach Beaney's treatment
of student-athletes that continued unchecked by the college. Nelson suggested a meeting with
Erin Quinn, Middlebury's Athletic Director.
57.
On January 28, 2011, at this point only days after Coach Beaney had dismissed
Knelman from the hockey team, Knelman met with Quinn, Howarth and Nelson, and told Quinn
about what had happened. In response to Quinn's question about what Knelman wanted from
their discussion, Knelman replied that he did not see how he could play under Coach Beaney
again given Coach Beaney's erratic and unfair treatment of him and others, and he needed to talk
the situation over with his parents during the inter-semester break. Knelman told Quinn that
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there needed to be a process in place to protect the student-athlete from this type of arbitrary
behavior from a coach. Howarth questioned why Middlebury did not have a process for the
dismissal of a student-athlete from a team comparable to the process provided to a student failing
academically. Quinn acknowledged that there had been recent talk about such a process for
student-athletes but for the moment there was no process at Middlebury to protect the studentathlete from the arbitrary and capricious decisions of a coach.
58.
From January 28, 2011 through February 7, 2011 Knelman was off campus for
the inter-semester break.

59.
While on break, Knelman contacted members of Middlebury's Athletic Policy
Committee requesting a hearing to address what had happened to him, and he was referred to
Shirley Collado ("Collado"), the Dean of Students. Knelman scheduled to meet with both
Collado and Associate Dean Karen Guttentag ("Guttentag") on February 8, 2011 but only
Guttentag was able to attend. Upon hearing what had happened to him, Guttentag said it seemed
out of line given what the college stood for and that she would report to Collado. Guttentag also
suggested that Knelman contact Alexa Euler ("Euler"), a Human Resources representative
liaison to the Physical Education and Athletics Department. When Knelman saw Guttentag later
that week, she told Knelman that what had happened was wrong and she was on his side.
60.
On February 11,2011 Knelman met with Euler whom informed him that she did
not handle issues involving student-athletes and faculty. She subsequently informed Knelman by
email that "the most appropriate venue for you to resolve this situation is with Erin Quinn." (A
copy of this email is attached as Exhibit 9.) She told Knelman that "Karen [GuttentagJ also told
me that she was happy to continue to advise you. Please be in touch with her if you have
questions about next steps from here." (ld.)
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61.
Filed 05/11/11 Page 19 of 33
On February 14,2011 Knelman met with Kathy Morse ("Morse"), the Head of
the Environmental Studies Department. Morse was upset with Coach Beaney's treatment of
Knelman and she encouraged Knelman to contact the campus newspaper to expose the problem.
62.
During Knelman's discussions about his dismissal from the hockey team,
Knelman learned that several student-athletes have complained about Coach Beaney's arbitrary
and capricious treatment of them to no avail. On information and belief, Middlebury has never
disciplined Coach Beaney or addressed these serious issues with him.
1.
Knelman Makes A Formal Written Complaint About Coach Beaney's Unfair Treatment
Of Him.
63.
At Guttentag's suggestion, Knelman prepared a letter to Quinn setting out his
complaint about Coach Beaney. Howarth, Sutherland and Guttentag all reviewed drafts of the
complaint and provided Knelman with suggestions.
64.
On February 15,2011 Knelman sent his formal complaint about Coach Beaney by
email to Quinn. Knelman made a complaint pursuant to Middlebury's Code of Conduct

requiring all Middlebury faculty to "conduct themselves ethically, honestly and with integrity in
all dealings" and "to be fair and principled in their official interactions and to act in good faith."
(A copy of Knelman's formal complaint is attached as Exhibit 10.) Knelman requested that an
investigation of Coach Beaney's arbitrary action be commenced immediately and that
Middlebury make the necessary reports to the appropriate authorities. Knelman informed all of
the Middlebury faculty and administrators with whom he had been in contact of hi's formal
complaint.
65.
Knelman also provided Robert Clagett ("Clagett"), the Dean of Admissions, with
a copy of his complaint. When Knelman spoke to Clagett about his complaint, Clagett was
supportive and said Knelman was doing a service to the school by making a formal complaint.
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66.
Filed 05/11/11 Page 20 of 33
On Saturday, February 19,2011, Knelman attended Middlebury's hockey game
as a spectator and saw Quinn at the game. Quinn told Knelman that he and Tim Spears
("Spears"), the Vice President of Administration, would "head up" an investigation into
Knelman's complaint.
67.
The next Friday, February 24, 2011, Knelman met with Spears and Nelson.
Spears was not receptive to Knelman, rolling his eyes and covering his face during the meeting.
Knelman informed Spears that the outcome that he sought was: (a) a process in place to protect
other student-athletes at Middlebury; (b) a letter to Knelman's future employers stating that
Knelman had been wrongly dismissed from the hockey team; and (c) a suspension of Coach
Beaney for the next academic year 2011-2012. Knelman informed Spears that he could not play
on the team again under Coach Beaney.
68.
On March 2, 2011 Knelman met with Quinn for two hours, and Quinn attempted
to persuade Knelman that his complaint would be considered in the normal review process of
Coach Beaney when his contract was next up for renewal. In the short term, Quinn suggested
that Knelman pursue a "mediated meeting" with Coach Beaney. Quinn agreed to provide
Knelman with a letter the next week that Knelman could use with prospective employers to
explain what had happened. Knelman understood Quinn intended to provide Knelman with a
letter stating that (a) Coach Beaney had improperly used his authority over Knelman as he had
done in the past with other players; (b) there was no process in place to prevent this; (c) as a
result, Knelman was not ensured a fair process; and (d) Knelman had not done anything to justify
his dismissal from the team. Other than providing Knelman with this letter for prospective
employers, Knelman left the meeting, with an understanding that Middlebury administration had
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no intention of taking any corrective action with Coach Beaney to remedy his arbitrary and
capricious decision to dismiss Knelman from the team.
69.
The next day, Quinn informed Knelman that he had talked to Coach Beaney and
Quinn suggested the following:

[Coach Beaney] would like to talk to you about these issues
directly with you. You are not required to do so, we can pursue
any of the possibilities we pursued yesterday, or you may meet
with him and we may still pursue those. I think in a perfect world,
the player and the coach sit down together and work out their
differences, but if that is not a possibility we can pursue other
options.
(A copy of Quinn's email to Knelman is attached as Exhibit 11.) Knelman responded that he
would like to pursue the option of a "mediated meeting" with Coach Beaney but would like to
meet with Quinn beforehand to discuss the process for the mediation, and he reminded Quinn of
the letter he intended to provide Knelman. (Id.)
70.
A week later, on March 9, 2011 in another meeting with Knelman, Quinn
informed Knelman that he did not believe it was in Knelman's best interests when he was
seeking employment to have a letter addressing his dismissal from the hockey team. Quinn
offered instead to serve as a reference and suggested that Knelman fabricate a story in a job
interview when asked why he no longer played hockey, suggesting that he say he had decided to
stop playing hockey to pursue other things such as academics. Knelman was taken aback that
Quinn would encourage him to lie about what had happened to him. When Knelman asked
Quinn how he would respond to a prospective employer's question about why Knelman was
dismissed from the hockey team, Quinn said, "well, I guess I would have to say it was because
you left the banquet." Again, Knelman was shocked that Quinn considered this a reasonable
resolution to the permanent damage that Coach Beaney had done to Knelman's prospects of
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playing professional hockey or obtaining employment. Quinn did acknowledge during the
meeting that Coach Beaney had treated Knelman unfairly and there was a lack of any meaningful
process to address the wrongs that were done to him. When Knelman pressed Quinn to provide
him with the letter they had previously discussed, Quinn responded that he would prepare one for
him by the end of the week.
K.
Middlebury Does Nothing To Remedy The Harm Done To Knelman And Informs
Knelman That The Matter Is A "Private Personnel Matter" Between Middlebury And
Coach Beaney.
71.
On March 15, 2011 Quinn sent Knelman a "summary" which was "provided to
summarize a few of the important details regarding your dismissal from the men's ice hockey
team" and Quinn confirmed "that if you wish to return to the team it will be with Coach Beaney
as the coach next year." (A copy of the cover email and memo is attached as Exhibit 12.) Quinn
stated in his memo:
At the time of your dismissal the Department of Athletics had begun

discussions to implement a system by which coaches would be required to
report any potential suspensions or dismissals to the Director of Athletics
before they took any action of this type.
This system was not in place at the time you were dismissed from the
team.
This system would ensure "due process", requiring that a coach either
make the case for dismissal based on "dismissal with cause" or a
demonstrated and documented "progressive discipline" which would
justify the dismissal.
Due to the fact that this system was not in place, there was no assurance
that these criteria were met, and if the coach believed they were met, there
was no assurance that the reasons were well documented and
communicated in a clear fashion. In your case it is evident that the coach
did not clearly communicate a pattern of misbehavior, nor did you commit
an egregious act that would have led to your dismissal by "cause".
Finally, as you know, the coach has dismissed players in the past, or sent
them to the B team (which was not an option for you at the time since the
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B season had ended.) Those players have been welcome to return to the
team; in fact, it is not uncommon that these players return and excel in the
program. You may set up an appointment with Coach Beaney to discuss
returning to the team if you wish. I am happy to facilitate setting up that
meeting.
(Id.) Knelman was astounded and disappointed with Quinn's response, and informed Quinn of
his reaction to Quinn condoning Coach Beaney's treatment of him and other student-athletes. (A
copy of Knelman's March 16,2011 letter to Quinn is attached as Exhibit 13.) It was clear to
Knelman that Middlebury had no intention of either affirming that he should not have been
dismissed from the hockey team or taking any meaningful corrective action to address Coach
Beaney's arbitrary, erratic and unfair treatment of him or other student-athletes.
72.
Upon reviewing Quinn's summary memo, Morse, the Head of the Environmental
Studies Department, wrote to Knelman: "Director Quinn's response DOES admit that the Coach
was in the wrong, and that your suspension from the team was unjustified. He also admits that
the system is lacking and that new rules and procedures will be put in place - a clear admission
that all is not well in the way the coach's power was used in this case." (A copy of Morse's
March 20, 2011 email is included in the attached Exhibit 14.) Morse suggested to Knelman that
he could return to the hockey team next year. (Id.) Knelman considered this an untenable
solution given that Coach Beaney had not been disciplined and would be continuing to coach the
team. (Id.)
73.
Knelman made several attempts to persuade Quinn to take affirmative action to
protect its student athletes from the arbitrary and capricious conduct of Coach Beaney. (A copy
of Knelman's correspondence with Quinn is attached as Exhibits 15 & 16.) Even though Quinn
indicated a willingness to meet again with Knelman, Quinn shut down further discussions by
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informing him that "how we handle this with Coach Beaney is a private personnel matter." (A
copy of Quinn's April 1, 2011 email to Knelman is included with Exhibit 16.)
74.
Middlebury has stood by while Coach Beaney ruined Knelman's hockey career,
and irreparably harmed Knelman's reputation with his teammates and friends, the college
community, and the hockey community at large.
L.
Defendants' Actions Have Destroyed Knelman's Hockey Career And Irreparably

Harmed His Employment Opportunities.
75.
By being dismissed from the Middlebury hockey team mid-season, Knelman lost
one year of eligibility to play NCAA hockey and he now has only one year of eligibility left.
76.
Given the substantial financial investment that his family has made in his
undergraduate education at Middlebury, Knelman has no choice but to finish his undergraduate
degree at Middlebury, rather than undertaking a transfer as a senior to another college.
77.
As long as Coach Beaney's erratic and unfair treatment of Knelman and other
student-athletes is unrestrained by Middlebury, it is not a viable option for Knelman to play on

the Middlebury hockey team again. As a result, Knelman's opportunity to play intercollegiate
hockey is over.
78.
Further, Knelman's opportunity to play hockey professionally has been
irreparably harmed and will continue to be irreparably harmed as a result of Defendants' actions.
Accordingly, Knelman has suffered and will suffer a substantial loss of income. This injury is
substantial and not readily capable of being measured in dollars and cents.
79.
In addition, Knelman will be irreparably harmed in the future as a result of
Defendants' actions when he is seeking employment and needs to disclose Coach Beaney's
defamatory statements about him when asked why he stopped playing hockey in the middle of
the season in 2011.
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COUNT I
Breach of Contract Against Middlebury
80.
Plaintiff restates and realleges the allegations of the preceding paragraphs as if
fully set forth herein.

81.
Knelman and Middlebury are parties to a contract, the terms of which are set out
in the official statements, policies and publications of Middlebury.

82.
Knelman applied to and enrolled in Middlebury in reliance on the understanding
and expectation that Middlebury would implement and enforce the policies in its College
Manual.
83.
Middlebury is contractually bound to the promises it has made its students such as
Knelman as set forth in the College Manual.

84.
Middlebury promised that its intercollegiate athletics is "kept in harmony with
the educational purposes of the institution" and Middlebury promised that Coach Beaney would
"be actively supportive in insuring that [his] students' opportunity to excel in their academic
pursuits is always viewed as being of paramount importance." Consistent with this Basic
Principle, Middlebury promised to provide Knelman with an opportunity to pursue an
undergraduate college degree as well as participate in intercollegiate hockey.
85.
Middlebury promised that its faculty, including Coach Beaney, would adhere to
its Code of Conduct which requires its faculty to "conduct themselves ethically, honestly and
with integrity in all dealings" and "[t]hey need to be fair and principled in their official
interactions and to act in good faith."
86.
Middlebury promised that its faculty, including Coach Beaney, would respect
Knelman's dignity and rights, and not defame him.

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87.
Filed 05/11/11 Page 26 of 33
Middlebury promised that it prohibits hazing activities, including acts intended to
have the effect of, or should reasonably be expected to have the effect of, humiliating,
intimidating or demeaning a student such as Knelman, and Middlebury promised to sanction or
discipline members of the Middlebury community, including coaches of its intercollegiate
hockey team such as Coach Beaney, for acts of hazing.
88.
Middlebury promised in its College Manual to comply with the NCAA
Division Ill's rules and regulations which require Middlebury to:
89.
(a)
assure that the actions of its coaches and administrators exhibit fairness,
openness and honesty in their relationships with student-athletes;
(b)
have policies to ensure that its coaches adhere to the fundamental values
of respect, civility, honesty and responsibility; and
(c)
establish and maintain an environment in which a student-athlete's

activities are conducted as an integral part of the student-athlete's
educational experience.
Middlebury breached its contract with Knelman by:

(a)
not requiring Coach Beaney to be supportive of Knelman's academic

pursuits, and permitting Coach Beaney to dismiss Knelman from the
hockey team because, in Coach Beaney's view, Knelman was more
interested in his studies than hockey;
(b)
not permitting Knelman to pursue both his academics and playing hockey;
(c)
Coach Beaney's breach of Middlebury's Code of Conduct;
(d)
Coach Beaney's arbitrary and capricious dismissal of Knelman from the

hockey team;
(e)
Coach Beaney's defamation of Knelman;
(f)
Coach Beaney's hazing of Knelman; and
(g)
admittedly failing to have a policy in place to ensure that Coach Beaney

both exhibited fairness, openness and honesty towards Knelman and
adhered to the fundamental values of respect, civility, honesty and
responsibility.
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90.
Filed 05/11/11 Page 27 of 33
The actions of Middlebury and its employees, including Coach Beaney, are
material breaches of its contract with Knelman.

91.
Knelman applied to and accepted Middlebury's offer of admission, and paid
tuition and other fees and expenses, in reliance on the understanding that Middlebury would
fulfill its contractual obligations as set forth above. As a result of the actions and omissions of
Defendants, Knelman was denied the benefit of his bargain.
92.
As a direct and proximate result of Middlebury's breaches, Knelman has suffered
actual and consequential damages in excess of $75,000, the exact amount of which will be
proven at trial, including, but not limited to, irreparable reputational harm, severe emotional
distress, economic injuries, loss of athletic opportunities, both intercollegiate and professional,
and loss of future career prospects.
93.
Knelman seeks all appropriate equitable relief, including specific performance, in
the form of an injunction (a) requiring Middlebury to reinstate Knelman as a player in good
standing on the hockey team; (b) enjoining Defendants from representing to Knelman's
teammates, fellow students or any member of the public that Knelman did anything wrong that
resulted in his dismissal from the team; and (c) requiring Middlebury to hold a public hearing on
Knelman's complaint that Coach Beaney violated Middlebury's Code of Conduct when he
arbitrarily, capriciously and unfairly dismissed Knelman from the hockey team.
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COUNT II
Breach of Covenant of Good Faith and Fair Dealing Against Middlebury
94.

95.
Middlebury and Knelman entered into a contract. Vermont law implies a
covenant of good faith and fair dealing into every contract.

96.
Middlebury owed Knelman a duty of good faith and fair dealing in performing
and carrying out its contract with Knelman.

97.
By its acts and omissions described above, Middlebury has breached its covenant
of good faith and fair dealing.

98.
As a direct and proximate result of Middlebury' s breach of the covenant of good
faith and fair dealing, Knelman is entitled to equitable relief, injunctive relief, and actual and
consequential damages in excess of $75,000, the exact amount of which will be proven at trial,
including, but not limited to, irreparable reputational harm, severe emotional distress, economic
injuries, loss of athletic opportunities, both intercollegiate and professional, and loss of future
career prospects.
COUNT III
Breach of Fiduciary Duty Against Middlebury
99.

100.
As a college in which Knelman has placed trust and confidence and which is in a
position of power over him, Middlebury owed a fiduciary duty to Knelman, specifically,
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including, but not limited to, the duty to act in Knelman's best interests and with the highest
standards of integrity and good faith in its dealings with Knelman.
101.
By its above-described actions and omissions, Middlebury breached its fiduciary
duty owing to Knelman.

102.
As a direct and proximate result of Middlebury's breach of fiduciary duty,
Knelman is entitled to equitable relief, injunctive relief, and actual and consequential damages in
excess of $75,000, the exact amount of which will be proven at trial, including, but not limited
to, irreparable reputational harm, severe emotional distress, economic injuries, loss of athletic
opportunities, both intercollegiate and professional, and loss of future career prospects.
COlThTTIV
Breach of Fiduciary Duty Against Beaney
103.

104.
As a Middlebury faculty member and coach, in a position of power and "trust and
loyalty" over Knelman as stated in the College Manual, Coach Beaney owed a fiduciary duty to
Knelman, specifically, including, but not limited to, the duty to act in Knelman's best interests
and with the highest standards of integrity and good faith in Beaney's dealings with Knelman.
105.
By his above-described actions and omissions, Beaney breached his fiduciary
duty owing to Knelman.

106.
As a direct and proximate result of Coach Beaney's breach of fiduciary duty,
Knelman is entitled to equitable relief, injunctive relief, and actual and consequential damages in
excess of $75,000, the exact amount of which will be proven at trial, including, but not limited
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to, irreparable reputational harm, severe emotional distress, economic injuries, loss of athletic
opportunities, both intercollegiate and professional, and loss of future career prospects.
COUNT V
Defamation Against Defendants
107.

108.
Coach Beaney has made false statements about Knelman including, without
limitation, that Knelman is selfish, Knelman "had problems" on the hockey team last year, the
decision leading to Knelman's dismissal was "not an isolated incident," and he does not think
"hockey is a priority" for Knelman.
109.
Coach Beaney knew that these statements were false or he made these statements
with reckless disregard for their truth.

110.
Coach Beaney acted maliciously, with reckless disregard for Knelman's rights
and with the intention of causing him harm.

111.
These defamatory statements were not made subject to a privilege.
112.
Coach Beaney made these defamatory statements in the scope of his employment
at Middlebury.
113.
Coach Beaney made these statements with the knowledge, acquiescence and
assistance of Middlebury, who knew or should have known the statements to be false.
114.
The false and misleading statements made by Coach Beaney harmed and will
continue to harm Knelman's personal and professional reputation, injure Knelman's character,
and lower his reputation in the estimation of the community, and are, therefore, defamatory.
115.
Knelman has been and will likely be required to self-publish the false statements.
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116.
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As a direct and proximate result of Defendants' defamation, Knelman is entitled
to equitable relief, injunctive relief, and actual and consequential damages in excess of $75,000,
the exact amount of which will be proven at trial, including, but not limited to, irreparable
reputational harm, severe emotional distress, economic injuries, loss of athletic opportunities,
both intercollegiate and professional, and loss of future career prospects.
COUNT VI
Negligent Supervision of Coach Beaney Against Middlebury
117.

118.
As alleged above, Coach Beaney committed tortious acts resulting in injury to
Knelman.
119.
Middlebury knew or had reason to know of Coach Beaney's propensity to engage
in tortious acts of breach of the fiduciary duty owing to his students and defamation. Middlebury
was advised of Coach Beaney's ongoing tortious conduct and Middlebury took no action to stop,
prevent or sanction Coach Beaney, but rather condoned, approved and ratified the incidents of
tortious conduct.
120.
As a direct and proximate result of Middlebury's negligent failure to supervise
Coach Beaney, Knelman is entitled to equitable relief, injunctive relief, and actual and
consequential damages in excess of$75,000, the exact amount of which will be proven at trial,
including, but not limited to, irreparable reputational harm, severe emotional distress, economic
injuries, loss of athletic opportunities, both intercollegiate and professional, and loss of future
career prospects.
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Claims for Relief

WHEREFORE, Plaintiff prays that judgment be entered in his favor for the following
relief:
A.
Order Defendants to reinstate Plaintiff as a player in good standing on the hockey

team and enjoin Defendants from representing that Plaintiff did anything wrong
that resulted in his dismissal from the team;
B.
Order Defendant Middlebury College to hold a public hearing on Plaintiffs

complaint that Defendant William Beaney violated the College's Code of
Conduct when he dismissed Plaintiff from the Middlebury hockey team;
C.
An award of damages against Defendants, jointly and severally, in an amount to

be determined at trial;
D.
Temporary and permanent equitable and injunctive relief as deemed appropriate;
E.
An award of costs, disbursements, attorneys' fees and prejudgment interest, as

permitted by Vermont law;
F.
An award of punitive damages, as permitted under Vermont law; and
G.
Such other and further relief as the Court deems just and equitable.
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JURY DEMAND
Plaintiff hereby demands a trial by jury on all counts so triable.
Dated:
Burlington, Vermont
May 11,2011
Robert F. O'Neill, Esq.

Andrew D. Manitsky, Esq.
Gravel and Shea PC
76 St. Paul Street, i h Floor, P. O. Box 369
Burlington, VT 05402-0369
(802) 658-0220
roneill@gravelshea.com
amanitsky@gravelshea.com
- andJoseph W. Anthony, Esq.
Mary L. Knoblauch, Esq.
Anthony Ostlund Baer & Louwagie P.A.
90 South Seventh Street, Suite 3600
Minneapolis, MN 55402
(612) 349-6969
janthony@aoblaw.com
mknoblauch@aoblaw.com
For Plaintiff
<53531.5v3/ADM>
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Complaint (VT Fed Dist) : Knelman V Middlebury College and Bill Beaney (May 5, 2011)

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Complaint (VT Fed Dist) : Knelman V Middlebury College and Bill Beaney (May 5, 2011)

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Case 5:11-cv-00123-cr Document 1

Filed 05/11/11 Page 1 of 33

UNITED STATES DISTRICT COURT

ZOIl MAY I I At; 9: 02

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff James "Jak" Knelman ("Knelman") is a student-athlete at Middlebury

GRAVEL AND SHEA

Case 5:11-cv-00123-cr Document 1

Filed 05/11/11 Page 2 of 33

Plaintiff Knelman, a Minnesota resident, is a student-athlete at Middlebury

Defendant Middlebury is a liberal arts college located in Middlebury, Vermont.

GRAVEL AND SHEA

Case 5:11-cv-00123-cr Document 1

Filed 05/11/11 Page 3 of 33

Defendant Coach Beaney is a member of the coaching faculty at Middlebury and

Jurisdiction and Venue

Venue is proper in this Court pursuant to 28 U.S.C. 1391(a). Middlebury

Knelman Is A High Achiever Academically And A Talented Hockey Player.

located in Richfield, Minnesota, in 2007 with aspirations of becoming a professional hockey

GRAVEL AND SHEA

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Following high school, to pursue his aspiration to be a professional hockey player,

was an assistant captain and a valued player.

Knelman Is Recruited To Play Hockey At Middlebury.

In the spring of 2009, Knelman contacted Coach Beaney at Middlebury, as well

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Knelman Decides To Attend Middlebury Based Upon Middlebury's Representations

During the recruitment process, Middlebury coaching and admissions staff

The Middlebury coaching faculty was thrilled with Knelman's decision,

On May 5, 2009 the Middlebury Admissions Committee represented to Knelman

GRAVEL AND SHEA

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The NCAA is a voluntary non-profit association whose members such as

student-athlete's educational experience:

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To achieve this end, Division III institutions:

Encourage the development of sportsmanship and positive

Assure that the actions of coaches and administrators

Assure that athletics programs support the institution's

2.2.1 Overall Educational Experience. It is the responsibility of

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As a NCAA Division III member, Middlebury is required to have in place policies

Establish policies for sportsmanship and ethical conduct in

Educate, on a continuing basis, all constituencies about the

GRAVEL AND SHEA

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Middlebury promised its students, including student-athletes such as Knelman,

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the Code of Conduct which requires:

Consistent with this Code of Conduct, Middlebury's College Handbook requires

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Middlebury also has an Athletic Mission Statement which emphasizes the