Lencioni

BACKGROUND

On January 22, 2025, Cutrer, acting in her role as the University’s interim president, sent an email to the entire University community that stated the University had an estimated budget deficit of $23.9 million for the 2025-2026 fiscal year. Cutrer’s email identified several actions she was taking to balance the budget: (1) eliminating the entire University’s NCAA Division II athletic program; and (2) identifying 23 academic programs for discontinuation at the end of the academic year.

A little more than a month later, Lencioni filed a civil complaint and petition for writ of mandate, which alleges the following causes of action: (1) fraud/intentional misrepresentation; (2) fraudulent concealment; (3) fraudulent inducement; (4) negligent misrepresentation; (5) promissory estoppel; (6) negligent infliction of emotional distress; and (7) traditional writ of mandate (§ 1085). The first through sixth causes of action all involve the athletics program and are based on Lencioni’s allegation that, despite defendants knowing in advance that the University’s NCAA program would be eliminated, that fact was concealed and each plaintiff was

2 promised they could play their…