Failing APFT Could Cost Cadet $189,000

Colleges & Universities United States Military Academy - West Point
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<p>Thought you might find this article of interest. </p>

<p>A former Class of 2004 cadet (recruited football player) who couldn’t pass the 2-mile run portion of his APFT and was denied graduation is suing for his diploma and free tuition. After failing the APFT, USMA superintendent Lennox recommended the 6-foot-5, 320 pound cadet be denied his commission/diploma and pay $189,000 restitution for tuition. The young man was given a certificate of attendence instead of a diploma.</p>

<p>It will be interesting to see how the court rules since the cadet had been exempt from the run requirement while he played football and was allowed to ride a stationary bike instead. </p>

<p>Looking only at the facts given in the article, I predict the court will rule in the cadet’s favor. Given USMA had waived the running requirement for nearly 4 years, I would expect the court to rule USMA is estopped from enforcing the requirement in the cadet’s senior year.</p>

<p>Judge to rule in Army diploma case</p>

<p>By Justin Rodriguez
Times Herald-Record
A decision is expected this month in former Army football player Brad Waudby’s fight for a U.S. Military Academy diploma.</p>

<p>Waudby, who declined comment on advice from his lawyers, met the academic requirements to graduate in May of 2004. But he failed the fitness test all cadets must complete, which includes situps, push-ups and a two-mile run that must be completed in 16 minutes, 36 seconds. Waudby passed the push-up and situp tests, but his fastest of three cracks at the run was 17:27.</p>

<p>According to Waudby’s attorneys, West Point superintendent Lt. Gen. William J. Lennox recommended that Waudby be denied his commission and diploma, and that he pay $189,000 for tuition. </p>

<p>Attorneys for Waudby filed a federal lawsuit seeking Waudby’s West Point diploma and the free education he thought he signed on for. </p>

<p>U.S. District Judge Jose Linares is expected to make a decision on the diploma and tuition fee by the end of the month. </p>

<p>Negotiations between Waudby’s attorneys, Michael L. Detzky and Fred Klepp, and U.S. Attorney Daniel Gibbons this week failed to resolve the dispute. Gibbons represents the Department of Army and West Point.</p>

<p>The Academy has yet to seek payment from Waudby. West Point spokesman Lt. Col. Kent Cassella said yesterday that the Academy can’t comment on cases under litigation.</p>

<p>The Academy presented him with a certificate of attendance in place of the degree. </p>

<p>Waudby’s lawyers said that their client was exempt from the run during his playing days because of his size (6-foot-5, 320 pounds). Instead, Waudby rode a stationary bike, but when his senior season was over the Academy made him complete the run.</p>

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<p>$189,000 that is an expensive 51 seconds! Comes out at $3705.88 per second over the the max two mile time.</p>

<p>Now if they offered to pay each cadet that for every second they were under the max time, I’ll bet there would be some amazing improvements in everyone’s two mile time.</p>

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<p>If they’re going to make him pay for the education, then he deserves his diploma (sans commission). However, they can’t take both.</p>

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<p>… I have the sudden urge to go jogging now…</p>

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<p>He should have to pay the money back and not get the diploma. But I can not go completely with the rules. If he did not pay the money back and didnt get his diploma i would be happy. He signed a contract and took an oath saying he would stay and pass his APFT. He was given the special treatment all year. And I know we all have read Absolutely American at least once. Remember George Rash, didnt play football but was made to pass shis APFT. He failed twice then passed on the last one and graduated. If this football player failed three time he should have worked harder to pass his PT test. I thought the max for running was 15:54 but maybe it changed? if it hasnt then he missed it by 2 minutes. Would you want an officer in the US army who could not pass his PT test by two minutes? I know there are a lot of typos but its exam week and im typing this quick.</p>

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<p>He had to get it in 16:36 I think because he turned 22 and you get more time or something. I can’t remember. I agree, if you can’t meet the standard then you shouldn’t be there. However, knowing how big football players can get I do think they shouldn’t have suddenly changed the standard on him at the end there. Now I’m not saying there should have been an exception made in the first place, but since there was, I think they shouldn’t have forced him to do APFT when he had never had to before. It’s too contradictory. They should have just decided either he does or does not have to meet the standard. I would have said he should, but they didn’t so they should have stuck to that decision.</p>

<p>I don’t think he should have to pay but I also don’t think he should get the diploma. As cadetfor5 said, he had a lot of time to meet the even more relaxed than usual standard.</p>

<p>That’s just my $0.02 though.</p>

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<p>Well, wpwannabe if you wanna help the kid out, you need to make about 9 and a half million more peices of advice of 2 cents to total the amount!</p>

<p>Better get the soap box out!</p>

<p>Sorry, i needed to add a smart ass remark :-P</p>

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<p>Football players that size are required to lose all the weight after their senior season and before graduation. They do it time in and time out. This guy not being able to drop down in weight, because if he was lighter I gurantee he could pass, and hence not passing the APFT is no excuse. No diploma, no comission.</p>

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<p>Well I suppose I better get started then snipper…</p>

<p>Smart ass…</p>

<p>:D</p>

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<p>cant help but feel bad for the guy.</p>

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<p>The entire football team knows that they have to pass the real APFT to graduate. EVERYONE knows they have to pass the APFT to graduate. SAP (Special Athelete Program) is for those people who need the extra mass for their sport…Football, throwers for the track team, wrestling, etc. But there is a lot of help for them, too. I remember this guy, he was around the fall of 2004, after graduation, and the Academy was still trying to get him to pass…they did all they could, but you can’t make someone go out and do speed work till they puke. He owes the Academy that money and they do not owe him a diploma. He didn’t meet the standard, and he should accept that.</p>

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<p>yeah I feel sorry for him cause we know he would have graduated if he went to usna or usafa</p>

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<p>Only because USAFA would have made him a more motivated individual. :)</p>

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<p>i retract my previous statement</p>

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<p>I think he deserves his diploma. He obviously has all the others skills he needs because he completed the other academic and physical aspects of becoming a graduate. If he gave it his best, he deserves it. If, on the other hand, he was lazy and didn’t work then he should have to pay. I suppose on the other hand this would lower the standards of being a West Point grad and it would set a dangerous precedent. Well, I’m rooting for him and if you were in his situation, so would you.</p>

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<p>I’ve changed my mind, based on what others have posted.</p>

<p>The minimums are there because they are the minimums. He’s known since he arrived that he has to pass it to graduate. Fact is, the mins on the APFT aren’t all THAT demanding. It seems to me perhaps he had the attitude that he’d get out no matter what.</p>

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<p>The academy makes so many exceptions, especially for football players, that Cadets sometimes do not realize that this really WILL be the time they will be separated. They shouldn’t have babied him along the way, and he shouldn’t have allowed himself to be in that position. The requirements are there for a reason. (And how was he passing his body fat percentage test??) From the sounds of it, he would not have done well with the rigors of military life. Maybe its a godsend they separated him at the last moment, but then again, as soon as WP didn’t need him for football any longer they got rid of him. Either way, I stand with the academy’s decision. Hopefully they won’t let this type of thing happen again. George Rash…My worst nightmare. He is my inspiration to go running!!</p>

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<p>Update to the story…</p>

<hr>

<p>Ex-cadet’s suit against West Point tossed; Oakland man discharged after fitness test</p>

<p>By Allison Pries
North Jersey Media Group
May 17, 2006<br>
The case of a former West Point football player from Oakland, who sued the Army last year for his diploma and tuition costs, has been thrown out by a federal judge.</p>

<p>Brad Waudby Jr. was left with a $189,000 tab and denied his bachelor’s degree after being discharged from the elite U.S. Military Academy because he failed to run 2 miles within 16 minutes and 36 seconds. Waudby exceeded the time limit by 51 seconds.</p>

<p>In an unpublished opinion, Judge Jose Linares of the U.S. District Court in Newark agreed with a defense motion to dismiss the case on the grounds that the court does not have jurisdiction over the matter, Waudby’s attorney Frederick W. Klepp said.</p>

<p>West Point cadets do not pay tuition, but rather have a military obligation after graduation — five years on active duty and three years in the reserves.</p>

<p>“All West Point graduates know they are required to fulfill an active-duty service obligation,” West Point spokesman Lt. Col. Kent Cassella said Tuesday. “If for some reason they can’t meet that requirement, they understand the cost of their education must be repaid.”</p>

<p>His lawyers have said Waudby could transfer his credits to another college, pay $1,500, and receive a diploma from that school. Whether or not Waudby will pay his West Point bill or seek his diploma elsewhere hasn’t been decided, his father said Tuesday.</p>

<p>“As far as I’m concerned [Klepp] is handling it,” Brad Waudby Sr. said. “Whatever he feels is best is what we’re going to do.”</p>

<p>The younger Waudby could not be reached for comment.</p>

<p>Waudby’s lawyers are reviewing the case, which was dismissed about 10 days ago, to see what other avenues can be pursued.</p>

<p>If the government were to sue Waudby for the money they say he owes, that could reopen the case, Klepp said.</p>

<p>“It would be the government establishing jurisdiction,” he said. “If the government chose to collect through litigation … we could then respond to those allegations and say the money is not owed.”</p>

<p>As an offensive lineman on the academy’s football team, Waudby was exempt from the running test, his lawyers said. He substituted cycling, because the academy wanted him to retain his size. But at the end of his senior season, his lawyers said, he was told he had to fulfill the running requirement to graduate.</p>

<p>West Point officials maintain that Waudby knew from the beginning he’d have to pass the running portion of the physical fitness test to graduate.</p>

<p>Passing the biannual fitness test ? which includes sit-ups, push-ups and a 2-mile run ? is an Army standard, academy officials have said.</p>

<p>After Waudby failed for the third time to pass the test, he was discharged from both the academy and the military.</p>

<p>Waudby met the academic and moral requirements for graduation, his lawyers said. He passed the push-up and sit-up tests on each attempt. And he was given two chances to pass the running test during his senior year. When he didn’t succeed by the time his classmates were to be commissioned, in May 2004, he was invited to return that fall and try again.</p>

<p>He trained with a major who helped him set a pace. His lawyers said Waudby was told the pace man would be allowed to run with him during the test, but when he arrived, he was told he had to do it alone.</p>

<p>The rest of the cadets complete the run en masse, his lawyers said, putting Waudby at a disadvantage. After several months in limbo, Waudby was notified last July that he was being discharged. He filed a federal lawsuit in September.</p>

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<p>Good article, thanks for posting.</p>

<p>Wow that article was biased toward the cadet.</p>

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<p>“He passed the push-up and sit-up tests on each attempt. And he was given two chances to pass the running test during his senior year.”</p>

<p>Man…people today seem to think that if you get MOST of the stuff right, it’s passable. That would be like telling a student, “ok…you passed all the academic stuff…the only thing wrong is that you’re blind…let’s make you a pilot.” It just doesn’t happen.</p>

<p>Standards exist at the Academies for a reason. If they don’t enforce them, they’re pointless.</p>