Ross was recruited to play basketball at Creighton University. He came from an academically disadvantaged background, and at the time he enrolled, Ross was at an academic level far below that of the average Creighton student. Creighton realized Ross’s academic limitations when it admitted him, and to induce him to attend and play basketball, assured him that he would receive sufficient tutoring so that he “would receive a meaningful education while at Creighton.” Ross attended Creighton from 1978 to 1982. He maintained a D average and earned 96 of the 128 credits needed to graduate. On the advice of the athletics department, he took many of these credits in courses such as marksmanship and theory of basketball, which did not count toward a university degree. He also alleged that the university hired a secretary to read his assignments and prepare and type his papers. When he left Creighton, Ross had the overall language skills of a fourth grader and the reading skills of a seventh grader. He took remedial classes for a year at a preparatory school at Creighton’s expense, attending classes with grade school children, and then enrolled at Roosevelt University. He was forced to withdraw there for lack of funds. Ross sued Creighton for breach of contract, among other theories. Can Ross win this suit?
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