{ "id": 11915264, "name": "JACQUELINE BREWER LONG v. THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON", "name_abbreviation": "Long v. University of North Carolina at Wilmington", "decision_date": "1995-09-19", "docket_number": "No. COA94-1279", "first_page": "267", "last_page": "270", "citations": [ { "type": "official", "cite": "120 N.C. App. 267" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "86 S.E.2d 745", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1955, "pin_cites": [ { "page": "753" } ], "opinion_index": 0 }, { "cite": "242 N.C. 1", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8608169 ], "year": 1955, "pin_cites": [ { "page": "11-12" } ], "opinion_index": 0, "case_paths": [ "/nc/242/0001-01" ] }, { "cite": "107 L. Ed. 2d 22", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1989, "opinion_index": 0 }, { "cite": "493 U.S. 810", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 11338948, 11339143, 11339433, 11339003, 11338864, 11338801, 11339283, 11339508, 11339605, 11338709, 11339063, 11339355 ], "year": 1989, "opinion_index": 0, "case_paths": [ "/us/493/0810-04", "/us/493/0810-07", "/us/493/0810-10", "/us/493/0810-05", "/us/493/0810-03", "/us/493/0810-02", "/us/493/0810-08", "/us/493/0810-11", "/us/493/0810-12", "/us/493/0810-01", "/us/493/0810-06", "/us/493/0810-09" ] }, { "cite": "862 F.2d 570", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 1825564 ], "year": 1988, "pin_cites": [ { "page": "577" } ], "opinion_index": 0, "case_paths": [ "/f2d/862/0570-01" ] }, { "cite": "56 L. Ed. 2d 62", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1978, "opinion_index": 0 }, { "cite": "435 U.S. 971", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 2272, 3104, 2498, 2307, 2723, 3048, 2734, 2574, 2934, 2327, 2808, 2302 ], "year": 1978, "opinion_index": 0, "case_paths": [ "/us/435/0971-09", "/us/435/0971-02", "/us/435/0971-01", "/us/435/0971-11", "/us/435/0971-03", "/us/435/0971-05", "/us/435/0971-04", "/us/435/0971-07", "/us/435/0971-06", "/us/435/0971-10", "/us/435/0971-08", "/us/435/0971-12" ] }, { "cite": "565 F.2d 200", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 898522 ], "year": 1977, "pin_cites": [ { "page": "202" } ], "opinion_index": 0, "case_paths": [ "/f2d/565/0200-01" ] }, { "cite": "321 S.E.2d 132", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "pin_cites": [ { "parenthetical": "using contract analysis in suit by student not admitted to university program" } ], "opinion_index": 0 }, { "cite": "311 N.C. 754", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4679339, 4685420, 4682383, 4681969, 4687412 ], "year": 1984, "pin_cites": [ { "parenthetical": "using contract analysis in suit by student not admitted to university program" } ], "opinion_index": 0, "case_paths": [ "/nc/311/0754-05", "/nc/311/0754-01", "/nc/311/0754-02", "/nc/311/0754-03", "/nc/311/0754-04" ] }, { "cite": "311 S.E.2d 632", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1984, "pin_cites": [ { "page": "636", "parenthetical": "using contract analysis in suit by student not admitted to university program" }, { "page": "637-38", "parenthetical": "principal not bound by agent unless agent acts with apparent or actual authority" } ], "opinion_index": 0 }, { "cite": "66 N.C. App. 590", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525690 ], "weight": 2, "year": 1984, "pin_cites": [ { "page": "595-96", "parenthetical": "using contract analysis in suit by student not admitted to university program" }, { "page": "598-99" } ], "opinion_index": 0, "case_paths": [ "/nc-app/66/0590-01" ] } ], "analysis": { "cardinality": 434, "char_count": 8351, "ocr_confidence": 0.729, "pagerank": { "raw": 5.298132930532853e-08, "percentile": 0.3335246572290508 }, "sha256": "8375f2c87068a0cdb444a9aeb03d07eebeba46d32ca24a62ee1039d7148b3fbf", "simhash": "1:154fe976716d546f", "word_count": 1308 }, "last_updated": "2023-07-14T16:17:04.771230+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges WYNN and MARTIN, John C., concur." ], "parties": [ "JACQUELINE BREWER LONG v. THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON" ], "opinions": [ { "text": "GREENE, Judge.\nJacqueline Brewer Long (plaintiff) appeals from the trial court\u2019s order entering summary judgment in favor of The University of North Carolina at Wilmington (the University).\nThe record shows that plaintiff attended the University as a pre-nursing student from the fall of 1990 until the spring of 1993, and sought admission into the defendant\u2019s School of Nursing \u2014 Bachelor of Science Degree Program (the School) in 1993. On 26 March 1993, plaintiff was denied admission to the School, and she brought this suit against the University, a corporate entity, on 21 May 1993, alleging breach of contract, created by representations made by the University and the School that her admission tq the School was guaranteed if she completed published minimum requirements and, alleging that the School was estopped to deny her admission.\nThe evidence included the University\u2019s handbook which states that \u201cAdmission to the Bachelor of Science degree programs in Nursing . . . requires application to and acceptance by the School of Nursing ... in addition to acceptance by the university.\u201d The handbook also sets forth the minimum requirements for admission to the School, including a \u201c[m]inimum overall cumulative GPA of 2.5\u201d and a \u201c[m]inimum grade of \u2018C\u2019 \u201d in certain required courses. The handbook further states \u201c[a]dmission to the School of Nursing is dependent on university admission, recommendation of the Committee for Student Affairs of the School of Nursing, approval of the nursing faculty and meeting admission criteria, including the completion of required prerequisite courses.\u201d The student handbook for the School provides \u201c[a]dmission to the School of Nursing is competitive. Enrolling students will be selected from all applicants meeting the following minimum requirements.\u201d The minimum requirements set forth in the handbook for the School are the same as those in the University\u2019s handbook. There is no dispute that the School of Nursing Faculty Bylaws, which appear in the record, do not grant any member of the faculty the authority to make promises to students concerning admission to the School.\nThe record further reveals, however, that from 1990 through 1993, plaintiff was \u201crepeatedly assured [by three of her faculty advisors]' that [her] performance was such that [she] would be accepted into [the School] without any complications.\u201d Furthermore, although the minimum grade point average set forth in the undergraduate cata-logue is a 2.5, one of plaintiffs advisors suggested that plaintiff raise her grade point average to a 2.6 or 2.7 to be \u201cquite assured\u201d of admission to the School. Although plaintiff states that she was never told that she may have difficulty gaining admission to the School, Marlene Rosenkoetter, professor and Dean of the School, stated that in January 1993, she informed all pre-nursing students that only \u201c40, 50, or 60 of the approximately 120 students in the class . . . would be admitted\u201d to the School and she advised that the \u201capplicants should consider their options.\u201d\nThere is no dispute that plaintiff fulfilled all of the minimum requirements for admission into the School, including achieving a cumulative grade point average of 2.873. After the School\u2019s Committee for Student Affairs evaluated the applications to the School, however, it found that there were \u201c77 qualified applicants for the maximum of 60 positions available in the junior class whose cumulative grade point averages (GPAs) were higher than Ms. Long\u2019s.\u201d Accordingly, plaintiff was not recommended by the Committee for admission to the School.\nThe dispositive issue is whether plaintiff\u2019s faculty advisors had either actual or apparent authority to guarantee admission to the School.\nThe plaintiff contends that the evidence, considered in the light most favorable to her, raises a genuine issue of fact as to whether there existed an implied contract between the University and the plaintiff that she would be admitted into the School upon her successful completion of the minimum requirements for admission. Assuming that the relationship between a student and a university can be contractual in nature, see Elliott v. Duke University, 66 N.C. App. 590, 595-96, 311 S.E.2d 632, 636, disc. rev. denied, 311 N.C. 754, 321 S.E.2d 132 (1984) (using contract analysis in suit by student not admitted to university program); Lyons v. Salve Regina College, 565 F.2d 200, 202 (1977), cert. denied, 435 U.S. 971, 56 L. Ed. 2d 62 (1978); Doherty v. Southern College of Optometry, 862 F.2d 570, 577 (1988), cert. denied, 493 U.S. 810, 107 L. Ed. 2d 22 (1989), the evidence in this case does not support a finding that there was a contract between the parties that insured the plaintiff\u2019s admission into the School upon successful completion of the minimum requirements. Even assuming that the faculty members assured the plaintiff that she would be admitted upon successful completion of the minimum requirements, there is no evidence in this record that those faculty members acted with the actual or apparent authority of the University. Elliott, 66 N.C. App. at 598-99, 311 S.E.2d at 637-38 (principal not bound by agent unless agent acts with apparent or actual authority). The handbook is unambiguous in stating that there is an application process and that admission to the School depends upon recommendation by the committee for student affairs of the School and approval of the nursing faculty. There is no evidence contradicting the handbook. Thus, any argument that the plaintiff could reasonably have believed that the faculty members with whom she spoke had apparent authority to guarantee her admission is simply not supported in this record.\nSimilarly, because plaintiff\u2019s forecast of the evidence does not reveal that the University made any false representation and because plaintiff\u2019s own evidence, that the School had an application process separate from that of the University which all those wishing to attend the School must complete and pass, reveals that plaintiff was misled \u201cthrough [her] own want of reasonable care and circumspection,\u201d estoppel does not apply. Peek v. Wachovia Bank & Trust Co., 242 N.C. 1, 11-12, 86 S.E.2d 745, 753 (1955).\nAffirmed.\nJudges WYNN and MARTIN, John C., concur.", "type": "majority", "author": "GREENE, Judge." } ], "attorneys": [ "Shipman & Lea, by Gary K. Shipman, for plaintiff-appellant.", "Attorney General Michael F. Easley, by Associate Attorney General Thomas 0. Lawton III, for defendant-appellee." ], "corrections": "", "head_matter": "JACQUELINE BREWER LONG v. THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON\nNo. COA94-1279\n(Filed 19 September 1995)\n1. Colleges and Universities \u00a7 13 (NCI4th)\u2014 no implied contract for admission to nursing school \u2014 alleged promises from faculty \u2014 no actual or apparent authority\nThe evidence was insufficient to raise a genuine issue of fact as to whether there existed an implied contract between defendant university and plaintiff pre-nursing student that she would be admitted into the school of nursing upon her successful completion of the minimum requirements for admission, even if faculty members assured her that she would be admitted, since there was no evidence that those faculty members acted with the actual or apparent authority of the university; the handbook was unambiguous in stating that there was an application process and that admission depended upon recommendation by the committee for student affairs of the school and approval of the nursing faculty; and the university made no false representation to plaintiff.\nAm Jur 2d, Colleges and Universities \u00a7 17.\n2. Estoppel \u00a7 18 (NCI4th)\u2014 denial of admission to nursing school \u2014 representations of faculty advisors \u2014 university not estopped\nDefendant university was not estopped to deny plaintiff student admission into its school of nursing upon her completion of the minimum requirements for admission, even if her faculty advi-sors assured her she would be admitted upon her completion of those requirements, where plaintiffs forecast of evidence showed that the school of musing had an application process separate from that of the university and thus revealed that plaintiff was misled through her own want of reasonable care and circumspection.\nAm Jur 2d, Estoppel and Waiver \u00a7\u00a7 26 et seq.\nAppeal by plaintiff from judgment entered 2 September 1994 in New Hanover Superior Court by Judge Ernest B. Fullwood. Heard in the Court of Appeals 24 August 1995.\nShipman & Lea, by Gary K. Shipman, for plaintiff-appellant.\nAttorney General Michael F. Easley, by Associate Attorney General Thomas 0. Lawton III, for defendant-appellee." }, "file_name": "0267-01", "first_page_order": 301, "last_page_order": 304 }