The university accepts that he is not a member of the basketball team and so why does it have an obligation to offer benefits designed to facilitate participation on one of the school's teams to a non participant?
The complaint says that he wants to use these benefits so that he can continue to train and workout so that he can play elsewhere, presumably after getting his NU degree. But, does the university have a responsibility to provide support to students so that they can potentially play for a different university? If you want to play for a different university, take the money behind door number two and go play for a different university.
He could make the argument that he should also be allowed to work out and practice with the team. (perhaps he's made that argument)
He's either on the team or not on the team. The line has to be drawn somewhere and he certainly helped to draw that line with his tweet. I don't see a judge being sympathetic to that piece of it.
By the CBS account, which is primarily Vassar's, the team asked him to leave, but allowed him to maintain his athletic scholarship. He abided by the terms of the agreement, and then they took it away.
When the team asked him to leave but maintained his scholarship, he no longer was under obligation to be on the team. NU's mistake was not converting him to academic scholarship immediately. They changed his terms, but not his 'payment'.
In other news, can you imagine how terrible that meeting must have been?
"Okay guys, everybody here? Team meeting time."
"Uhh, Coach, were missing someone."
"Johnnie, he's not here. We're talking about him."
(People weirded out, but what can you say?"
Coach continues: "So Johnnie, he sucks, right? And he's got a bad attitude right? And he's bringing us down with his garbage time minutes, right?
"Cool. Anybody disagree?" (Pauses)
(Nobody in the room says anything.)
"Okay. Cool then. He's off the team. Practice at 10 tomorrow. Study table tonight at 7. Johnnie will be there - please don't mention this to him."
I hope ccc can look back on that moment as a huge early mistake, and one that teaches him to be more judicious in his scholarship offers.