The University of North Carolina at Chapel Hill filed a motion on Thursday to dismiss a lawsuit by former student-athletes claiming the school failed to provide them with a quality education by guiding them toward so-called paper classes.
Former UNC football player Michael McAdoo and ex-basketball player Kenya McBee are suing the university saying they were guaranteed a good education while being recruited, but were ultimately directed to attend no-show classes. McAdoo filed the lawsuit in November 2014, and McBee joined the suit in February.
In its motion to dismiss the lawsuit, the university said the former students’ “failure to state a claim upon which relief can be granted” is grounds for dismissal. The university also said as a state school, it has “sovereign immunity against Plaintiffs’ claims.”
Citing Guthrie v. N.C. State Ports Authority, the university said, “It has long been the established law of North Carolina that the State cannot be sued except with its consent or upon its waiver of immunity.”
The university further said the former students waited too long to file the lawsuit.
“Each of Plaintiffs’ claims is barred by the applicable statute of limitations,” the university contends.
McAdoo attended UNC from 2008 until 2011. McBee attended the university from 2001 until 2006.
McAdoo filed the lawsuit two weeks after the release of a lengthy and scathing report on academic irregularities at the university.
The report, conducted by former federal prosecutor Kenneth Wainstein, said advisers steered student athletes into so-called “paper classes,” or no-show classes, to ensure that the students would remain academically eligible. The report said the paper classes affected 3,100 students — 47.6 percent of them athletes — out of 97,600 undergraduate students.
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