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Florida Supreme Court agrees to review UCF case

By WTOP Staff

KYLE HIGHTOWER
Associated Press

ORLANDO, Fla. (AP) — The legal fight between the University of Central Florida and the family of a football player who collapsed and died following conditioning drills is headed for Florida’s highest court.

On Wednesday, the Florida Supreme Court agreed to hear an appeal of the reduction of the monetary award in the wrongful death lawsuit filed by the family of Ereck Plancher, who died in 2008.

The court issued an order accepting jurisdiction in the case, but will not be hearing oral arguments. It instead is choosing review the case record and legal briefs from attorneys.

In August 2013, a three-judge appeals’ court panel reduced a jury’s $10 million civil trial damage judgment awarded to Plancher’s parents in 2011 to $200,000.

The court ruled UCF’s power of control over its athletics association — UCFAA — was sufficient for sovereign immunity afforded to state agencies in civil judgments. The $200,000 figure is the most a state agency is required to pay under legislative statute. Any higher amount requires approval of the legislature. The appeals’ court also overturned attorney’s fees the Plancher’s attorneys were awarded.

“Whether the advocacy is written or oral, this family has a just cause,” Steve Yerrid, an attorney for the Plancher family, told The Associated Press Wednesday. “We have advocated for this case for a substantial period of time. My confidence in the notion of justice has only been enhanced by my experiences. I feel these justices will find a way to do what’s right for this Florida family.”

The Supreme Court’s ruling in this case could impact how universities in Florida administer their athletic programs in the future. UCF and several other universities run their athletic programs as private, direct-support organizations which are granted certain state agency protections, including the statutory cap for legal judgments.

A ruling against the UCF athletics association in this case could make it and other state athletic DSOs vulnerable to uncapped judgments in future legal cases.

“We believe the opinion from the Fifth District Court of Appeal was thoughtful and well-reasoned,” UCF spokesman Grant Heston said in a statement. “We are hopeful the Florida Supreme Court will uphold that opinion, one that is of great importance to public universities in Florida.”

Plancher collapsed and died following conditioning drills at the school’s football complex in March 2008.

The player’s family filed suit against UCF in March 2009, alleging coaches and other school officials failed to do everything possible to save Plancher’s life. The case went to trial in June 2011.

The Orange County medical examiner and three experts hired by Plancher family attorneys testified during the trial that he died from complications of sickle cell trait.

A jury found the UCF athletics association was negligent and awarded Plancher’s parents, Enock and Gisele Plancher, $5 million apiece. UCF and its insurance company, Great American Assurance Company, appealed the verdict in May 2012.

During the civil trial Plancher’s attorneys presented evidence from four former UCF football players, including a former team captain, who all recalled a strenuous workout than UCF coaches and school officials originally said took place. The players also testified that Plancher was struggling throughout, gasping for breath at times.

They also alleged that no water or trainers were present during what one of the players said was a “punishment” workout for players coming back from spring vacation out of shape. They said coach George O’Leary cursed Plancher shortly before he collapsed and had to be carried outside by teammates.

UCF officials contended the school did everything necessary to save Plancher’s life. During their case they had players who were at the workout testify that water was available to players and argued that Plancher knew he had sickle cell trait and that it was actually a heart ailment that caused his death.

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Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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