Jeffrey Kessler Discusses Why Brown University Should Restore the Varsity Status of Recently Terminated Sports Programs with Sports Illustrated

New York Partner Jeffrey Kessler is currently representing a coalition of student athletes at Brown University in their fight to have the varsity status of their sports teams reinstated. He discussed the matter with Sports Illustrated and elaborated on a letter he sent to university administration on behalf of the coalition. Kessler argues, “The university clearly determined in January that it would be eliminating a number of varsity teams, and it intentionally withheld that information from athletes.”

Kessler outlines how Student-Athletes relied on the University’s false representations and material omissions that these varsity teams would continue until the very last moment, when they were advised by the University—in the middle of a global pandemic—that they would no longer be permitted to compete or train at the varsity level. Moreover, Kessler argues that the University deliberately kept student athletes in the dark and actively proceeded as if it were “business as usual” while making repeated false representations, Kessler tells Sports Illustrated.

In the letter, Kessler cites two specific Rhode Island laws that the university violated, one regarding officials deliberately misleading athletes and the other based on contractual liability. “We have very serious legal claims that could be asserted in court,” Kessler says.

Kessler told Sports Illustrated he plans to give the university “a few days” to react and he hopes to arrange a meeting with University officials to discuss reinstating the eight teams. If Brown’s reply isn’t satisfactory, his clients will have to consider next steps.

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