A student at a regional community college in the northeastern portion of the United States was recruited to play for the institution's baseball team. The student had played for his high school's baseball team and had received several awards for his efforts. While involved in the community college's baseball team he continued to excel, served as the team's pitcher, and was awarded a scholarship.

As the baseball season drew to a close, the community college team was predicted to win their regional championship. The final game came and went and indeed the team won their championship, but at the end of the game a disgruntled student-athlete from the rival team called out the pitcher's name. As the pitcher turned, the rival student-athlete, in an unsportsmanlike manner, hurled a ball that hit the pitcher in the left temple. The pitcher was rendered unconscious and suffered brain bleeding.

Paramedics hurried to the aid of the student, determined that she was alive although unconscious, properly secured the pitcher's neck, loaded her onto a stretcher, and rushed her to a nearby hospital. The pitcher went into a coma that lasted three weeks. Upon wakening from the coma, it was determined that the student would require physical therapy and would not be allowed to play any sport that might cause his to incur further head trauma. Realizing that his student-athlete days were over, the pitcher and his family considered legal action against the rival community college for the unsportsmanlike conduct. What claims, if any, might the pitcher and his family bring against the rival community college? What best practices should the pitcher's community college enact to ensure that she remains included in the athletic department and maintains his scholarship?