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5 You Make the Call 1 (2003)

handle is hein.blasports/ansrvds0005 and id is 1 raw text is: Volume 5, Numbers 1&2 { Spring/Fall 20031 STUDENT CANNOT SUE GUIDANCE COUNSELOR FOR NEGLIGENT ADVICE Scott v. Savers Property and Casualty Insurance Company, et al., 663 N. W.2d 715 (Wis. 2003). On June 19, 2003, the Wisconsin Supreme Court affirmed the decision of the court of appeals holding that Wisconsin's governmental immunity statute barred a high-school student's claim against his guidance counselor for incorrect advice that cost him an NCAA athletic scholarship. Ryan Scott, a high school senior and promising hockey prospect at Stevens Point Area Senior High School, received an offer for an athletic scholarship to a Division I institution. Ryan and his parents met with a guidance counselor to ask whether Broadcast Communication would fulfill the NCAA's academic core English requirements. Contrary to information provided by the NCAA Initial Eligibility Clearinghouse, the counselor incorrectly advised Ryan that Broadcast Communication would satisfy the requirement. Ryan completed the Broadcast Communication class and graduated on schedule. After graduating, he played junior hockey and was offered a hockey scholarship contingent on NCAA certification that he satisfied the required core courses. However, the NCAA determined that the Broadcast Communication class failed to satisfy its core English requirement. The Scotts sued the school district seeking damages for the value of the scholarship that was rescinded by the university. The school district filed a motion to dismiss all claims that the circuit court granted. After the court of appeals affirmed, the Scotts appealed to the Wisconsin Supreme Court. The Scotts argued that the school district was not immune from tort liability because the guidance counselor could have easily provided the correct advice. The court refused to consider a high school guidance counselor's advice as ministerial because its performance was not one that was required by a specific legal obligation. The court also refused to apply the professional discretion exception because it is limited to the medical setting. @ Copyright 2003, National Sports Law Institute of Marquette University Law School Page 1

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