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Hendericks v. Clemson University3/20/2000
amages. It found Hendricks could not claim any damages for tuition or other college expenses because his scholarship terms were honored. It ruled Hendricks's other claims for damages were too speculative.
LAW/ANALYSIS
Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Café Assocs., Ltd. v. Gerngross, 305 S.C. 6, 406 S.E.2d 162 (1991). In ruling on a motion for summary judgment, the evidence and the inferences should be viewed in the light most favorable to the nonmoving party. Id.
Negligence Claim Under the South Carolina Tort Claims Act
Hendricks argues the trial court erred in deciding the issue of gross negligence on summary judgment. In its order, the circuit court held, as a matter of law, that "Clemson's conduct does not rise to the level of gross negligence." Hendricks asserts the issue of whether Clemson's actions were grossly negligent is for the jury to determine. We agree.
The South Carolina Tort Claims Act shields state educational institutions such as Clemson from liability resulting from:
the responsibility or duty including but not limited to supervision, protection, control, confinement, or custody of any student . . . except when the responsibility or duty is exercised in a grossly negligent manner[.] S.C. Code Ann. § 15-78-60(25) (Supp. 1998).
Gross negligence is the intentional, conscious failure to do something which one ought to do or the doing of something one ought not to do. Hollins v. Richland County Sch. Dist. One, 310 S.C. 486, 427 S.E.2d 654 (1993). It is the failure to exercise slight care. Clyburn v. Sumter County Sch. Dist. # 17, 317 S.C. 50, 451 S.E.2d 885 (1994). Where a person is so indifferent to the consequences of his conduct as not to give slight care to what he is doing, he is guilty of gross negligence. Jackson v. South Carolina Dep't of Corrections, 301 S.C. 125, 390 S.E.2d 467 (Ct. App.1989), aff'd, 302 S.C. 519, 397 S.E.2d 377 (1990). Gross negligence is a mixed question of law and fact and should be presented to the jury unless the evidence supports only one reasonable inference. Clyburn, 317 S.C. 50, 451 S.E.2d 885.
In this case, the trial court held Clemson's course of action did not evidence a failure to exercise slight care and, therefore, did not amount to gross negligence. We disagree. Initially, Kennedy-Dixon failed to evaluate whether Hendricks would be able to comply with the NCAA's fifty-percent rule. Kennedy-Dixon realized this error approximately a week and a half into the semester and advised Hendricks to increase his course load in an attempt to comply with the NCAA rule. Kennedy-Dixon failed to consult Clemson's athletic department supervisor or NCAA compliance director, although that was standard procedure. (Kennedy-Dixon stated she was unaware of this policy.) In her statement to the NCAA, she wrote, "I felt certain that he would meet the 50 percent rule if he passed all 18 hours in the fall semester 1995."
At the beginning of the spring semester, Kennedy-Dixon realized Hendricks still would be unable to comply with the NCAA rule because six hours he had taken were electives that did not count for purposes of the rule. After realizing the second error, Kennedy-Dixon and other members of Clemson's athletic department tried to obtain a waiver of the fifty percent rule from the NCAA in order to allow Hendricks to play baseball.
Hendricks alleges Kennedy-Dixon's actions constitute gross negligence because she did not thoroughly review Hendricks's transcript to determine NCAA eligibility. Hendricks also maintains Kennedy-Dixon's failure t
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