In Townsend v. State of California (1987) 191 Cal. App. 3d 1530, the facts were as follows: "In a varsity basketball game between the University of California at Los Angeles (UCLA) and San Jose State University (San Jose State), a player for San Jose State, Ronald Lowe, viciously struck a UCLA player, Raymond Townsend, with his fists and inflicted physical injury. In a personal injury action filed by Townsend against Lowe and various other defendants, a jury awarded Townsend $ 25,000 as against Lowe.Before the matter was submitted to the jury, however, the trial court determined as a matter of law that defendant Lowe was not an employee of the State of California (State) and thus Townsend could not recover under the doctrine of respondeat superior against the other named defendants, i.e., the State, the athletic director and the coach at San Jose State." ( Townsend, supra, 191 Cal. App. 3d at p. 1532.) Townsend concluded that liability could not be imposed against the state because as a matter of law Mr. Lowe, the student athlete who struck the plaintiff, was not an "employee" of San Jose State University. ( Id. at pp. 1534-1537.) In so holding, Townsend relied on the Legislature's clear intent in amending Labor Code section 3352 following Van Horn to exclude a student athlete from the definition of an employee. ( Townsend, supra, 191 Cal. App. 3d at pp. 1535-1537.) Townsend concluded that the determination of whether a student is an employee does not rest upon whether a student athlete is on scholarship and attending a private or public institution. ( Id. at pp. 1534, 1537.) Townsend stated: "It is a matter of common knowledge that colleges and universities in California, in varying degrees, maintain athletic programs which include a number of sports, such as golf, tennis, swimming, track, baseball, gymnastics and wrestling. It is also well known that of all the various sports programs, at least in California, only two, i.e., basketball and football, generate significant revenue. These revenues in turn support the other nonrevenue producing programs.Thus, conceptually, the colleges and universities maintaining these athletic programs are not in the 'business' of playing football or basketball any more than they are in the 'business' of golf, tennis, or swimming. Football and basketball are simply part of an integrated multisport program which is part of the education process. Whether on scholarship or not, the athlete is not 'hired' by the school to participate in interscholastic competition. " ( Id. at p. 1536.)