There is an equity and discrimination lawsuit that has been filed by the former coach at U. of Tennessee Martin. You can read the actual court filed document here.
I had heard about such a lawsuit via the professional rumors, but I did not know the details until taking time to read through the court documents. Before going into my opinion, I would like to applaud Coach Draper for having the courage to not go quietly into the night. Regardless of how this lawsuit turns out, regardless about the facts and who may be right or wrong, it takes individuals who have a conviction that they and the sport of volleyball deserve better treatment. If it is an unfounded lawsuit, then the plaintiff will pay the financial and professional costs.
After reading the details contained within the court papers, this will be an interesting trail. We must remember that we are only hearing one side of the story - a story volleyball coaches are sympathetic too, but still just one side.
By a casual reading, many of the program negatives that Coach Draper illustrates are all too common within Women's College Volleyball - unequal staffing, sub par facilities, unequal access to facilities, false promises, etc. Should these accusations be correct, I hope that improvements are provided for the volleyball program and restitution for Coach Draper. A victory within this section of the lawsuit could go a long ways towards helping other programs which continue to suffer from these inequities. All too often, it takes the threat of a lawsuit or an actual lawsuit to bring relief.
Some of the other court paper examples trying to support the lawsuit may be a bit tougher to classify as discriminatory - not being complimented for a good season, getting the cold shoulder, Athletic Director involvement with players and families, etc. This could just be a personality conflict between the Athletic Director(s) and a coach. Unless you are the men's basketball coach or football coach, you will always lose this battle.
The retaliatory aspect of the personality conflicts do carry the potential for discrimination. By not following established university policies, by not fulfilling the terms of the employment agreement and by holding the coach to a different standard than her male peers, the athletic department treads upon the grounds of discrimination. Again, we are only hearing one side of the story.
I believe that the recent lawsuits in Women's College Volleyball (Fresno, Florida Gulf Coast and UT Martin) are similar to what women's basketball went through a number of years ago. Back then, a few coaches reinforced their demands for equality by bringing Title IX and discrimination lawsuits. Without a doubt, these lawsuits, along with the proactive nature of the women's college basketball coaches association have elevated women's basketball to the premier women's college sport and the envy of all sports, save two.
Within all of this, there is something that has been overlooked - football, men's basketball and women's basketball coaches rarely file lawsuits. Each of these three sports have multi-year contracts, with specific severance clauses. Out of professional respect and the threat of a lawsuit, when a coach is relieved of their position; either through lack of success or personality conflict, this coach receives a significant severance package. If these coaches were walking away from positions empty handed, you can be absolutely sure that lawsuits would be filed.
That may well be the most important item we as college volleyball coaches have overlooked - the safety net. Volleyball coaches do not have one - the other NCAA Head Count sports enjoy a very large net. The reality is that very few coaches leave programs on their own terms, in any sport. The difference is when the big three leave, even when they retire, they depart with their pockets full. Without bringing up specific individuals, think about how many big three sport head coaches have make serious personal and professional mistakes that led to the ending of their employment, but still walked away with substantial monies.
What women's basketball accomplished by their demands for equity was a safety net. Until volleyball coaches make termination more expensive than severance packages, we will have no safety net. Right now, it is just a simple business decision for an AD to not provide a comparable severance package. Either because of a personality conflict or lack of program success, the Athletic Directors are able terminate volleyball coaches with very little cost. Too many coaches are on employment letters or one year contracts, which may be just at-will employment agreements.
If a volleyball coach has engaged in systematic and major NCAA rules violations, committed a crime or behaved in demonstrated way detrimental to the health and welfare of the student-athletes, then they should be terminated for cause and receive no compensation. But, until more coaches have the spirit to step up and demand better treatment, volleyball coaches will continue to be relieved of their positions and exit campus with nothing more than memories.
Showing posts with label Lawsuit Consideration. Show all posts
Showing posts with label Lawsuit Consideration. Show all posts
June 5, 2008
December 14, 2007
Title IX Lawsuits - Inequity within Inequity.
Many volleyfolks were thrilled to hear that former Fresno State University Volleyball Coach Lindy Vivas had won her Title IX lawsuit. Knowing Coach Vivas in a professional manner only, I did not see eye to eye with her on many issue within the sport, but I always respected and admired her never ending efforts to develop and promote women's volleyball. I was happy to hear that she had prevailed in her efforts to illustrate a bad situation.
As happy as I am for Coach Vivas and for the positives that may come from her lawsuit for women's college volleyball, I was disheartened by another recent successful lawsuit.
Stacy Johnson-Klein, former Fresno State University Head Women's Basketball Coach was awarded 19.1 million dollars in her Title IX lawsuit. Many feel the amount may be reduced by the judge.
Coach Vivas was awarded 5.85 million, which was later reduced to 4.52 million.
Understand why I am disheartened? Why does Coach Vivas only merit a 5.85 million dollar verdict and Coach Johnson-Klein receive a 19.1 million dollar verdict?
The specific breakdown of the judgement:
Back Pay - Vivas (2.65 m.)/Klein (600k)
Future Lost Wages - Vivas (1.8 m.)/Klein (4.4 m)
Past and Future non-economic losses-Emotional distress - Vivas (1.425 m.)/Klein (14 m.)
Without knowing the specifics of the case and the exact nature of the charges made by each coach, I can only make three general observations about the amounts awarded:
1. The attorneys for Klein asked for a larger dollar amount and/or were more talented than the attorneys for Vivas.
2. The level of discrimination suffered by Klein was significantly more blatant and harming than suffered by Vivas.
3. The jury perceived the basketball coach being of a higher value than the volleyball coach.
If the answer was #1, then congratulations to the great attorneys working for Klein. If the answer was #2, then Klein must have gone through one heck of an ordeal while working for Fresno State and I wish her the best. If the answer was #3, then our sport still has 14 million reasons to keep fighting for and demanding more respect for women's volleyball in the United States.
What perplexes me about this situation is that Coach Vivas had established a long tenure of success in one of the toughest volleyball conferences in the country and she did this at a school-location that it is not an easy place to recruit.
Coach Klein, was not at Fresno State that long, to my knowledge did not come to Fresno State with head coaching experience and I don't believe the program was that successful while competing in an average ranked women's basketball conference.
It is just frustrating to understand the disparity between the verdicts, other than to submit to the knowledge that women's college volleyball has been bettered by women's basketball for the respect of the public.
Women's Volleyball enjoys the status as the number one sport for women in every industrialized nation in the word, except the United State of America. My heartfelt THANK YOU to Lindy Vivas for always trying to change this statistic and then for having the COURAGE to stand up and demand better when everything was on the line.
As happy as I am for Coach Vivas and for the positives that may come from her lawsuit for women's college volleyball, I was disheartened by another recent successful lawsuit.
Stacy Johnson-Klein, former Fresno State University Head Women's Basketball Coach was awarded 19.1 million dollars in her Title IX lawsuit. Many feel the amount may be reduced by the judge.
Coach Vivas was awarded 5.85 million, which was later reduced to 4.52 million.
Understand why I am disheartened? Why does Coach Vivas only merit a 5.85 million dollar verdict and Coach Johnson-Klein receive a 19.1 million dollar verdict?
The specific breakdown of the judgement:
Back Pay - Vivas (2.65 m.)/Klein (600k)
Future Lost Wages - Vivas (1.8 m.)/Klein (4.4 m)
Past and Future non-economic losses-Emotional distress - Vivas (1.425 m.)/Klein (14 m.)
Without knowing the specifics of the case and the exact nature of the charges made by each coach, I can only make three general observations about the amounts awarded:
1. The attorneys for Klein asked for a larger dollar amount and/or were more talented than the attorneys for Vivas.
2. The level of discrimination suffered by Klein was significantly more blatant and harming than suffered by Vivas.
3. The jury perceived the basketball coach being of a higher value than the volleyball coach.
If the answer was #1, then congratulations to the great attorneys working for Klein. If the answer was #2, then Klein must have gone through one heck of an ordeal while working for Fresno State and I wish her the best. If the answer was #3, then our sport still has 14 million reasons to keep fighting for and demanding more respect for women's volleyball in the United States.
What perplexes me about this situation is that Coach Vivas had established a long tenure of success in one of the toughest volleyball conferences in the country and she did this at a school-location that it is not an easy place to recruit.
Coach Klein, was not at Fresno State that long, to my knowledge did not come to Fresno State with head coaching experience and I don't believe the program was that successful while competing in an average ranked women's basketball conference.
It is just frustrating to understand the disparity between the verdicts, other than to submit to the knowledge that women's college volleyball has been bettered by women's basketball for the respect of the public.
Women's Volleyball enjoys the status as the number one sport for women in every industrialized nation in the word, except the United State of America. My heartfelt THANK YOU to Lindy Vivas for always trying to change this statistic and then for having the COURAGE to stand up and demand better when everything was on the line.
November 7, 2007
A Lawsuit - When to Consider One as a Coach
Part of being a volleyball coach at any level is dealing with situations that are not fair or equitable. As any long time volleyball coach, high school or college, can share - the list of potential Title 9 (http://www.wikipedia.com) inequities and discriminatory situations are lengthy.
A few college coaches have been motivated to file lawsuits because of situations that they felt were discriminatory - the most recent was Lindy Vivas and her successful lawsuit against Fresno State University.
Some issues to consider when reviewing your situation:
1. Is your per player budget anywhere near football, men's basketball and women's basketball? This is important because, in theory, if two men's sports are funding at $5,000 per player, then two women's sports must be funded at that level.
2. Does volleyball relinquish practice time or move practice time to an undesirable hour to accommodate a sport that is out of season? Too many times, volleyball must give up gym time so basketball can play pick-up games or conduct out of season individual/group training sessions.
3. Is the volleyball team travelling in vans, that you drive, while another team rides in buses?
4. Does your school promote/market volleyball? Are there pep rallies being held for other sports? Does volleyball enjoy comparable media support? Are there specific marketing programs in place? Does the band come play at matches? If other sports can say yes, then volleyball should be receiving the same support.
5. What is your salary or coaching stipend? You should be in-line with the male sport coaches at your school.
6. If you are a college coach, do you have a contract - not an employment letter, but a multi-year contract with termination only for cause? This is significant, because EVERY college football or basketball coach has a multi-year, cause only contract.
As a coach, you feel something is not fair, you must take a hard look and determine if they are significant enough to merit taking legal action. Sometimes, all you need to do is reference legal action or threaten a lawsuit and things will change.
At one school, I sat through a long meeting requested by the Men's Basketball coach with the Athletic Director because he was upset that Women's Volleyball had the gym each afternoon for practice and he wanted to use the gym for pick-up basketball games during that time frame.
After confirming with the Basketball coach that he was demanding that volleyball vacate the gym during the season, so Basketball could play pick-up games before their team practice commenced, I turned to the Athletic Director and stated that if an in season female team is being told to vacate the floor for an out of season male team, then we need to schedule a meeting with the school's General Counsel to visit about Title 9 issues. The Athletic Director's response was to look at the Basketball coach and say that Volleyball had the floor until the start of their team training, and then the gym would be shared equally until Volleyball was done with their season.
Unfortunately, it was not until the threat of a lawsuit or a Title 9 mention, that the Volleyball program received support. There was no hesitation by the Men's Basketball program to demand that Volleyball negatively impact our program to benefit them, and the Athletic Director allowed such a meeting to happen.
Don't be afraid of considering a lawsuit if you feel the situation merits one. If your program does not receive equal support (budget, equipment, promotions, media) or you feel that a discriminatory practice exists (denied access to facilities, no multi-year contract, hostile attitude towards you or volleyball), then you have two choices - Either leave that school and hope the next school is better or demand equal treatment by using the law.
If you decide to consider a lawsuit, you must visit with an attorney who handles such situations - don't rely on this website or the experience/advice of other coaches. Go see a lawyer, even if you have to pay to have an appointment, because the lawyer will be able to examine your case and determine if there are legal grounds for a suit and the probability of that suit being determined in your favor!
A few college coaches have been motivated to file lawsuits because of situations that they felt were discriminatory - the most recent was Lindy Vivas and her successful lawsuit against Fresno State University.
Some issues to consider when reviewing your situation:
1. Is your per player budget anywhere near football, men's basketball and women's basketball? This is important because, in theory, if two men's sports are funding at $5,000 per player, then two women's sports must be funded at that level.
2. Does volleyball relinquish practice time or move practice time to an undesirable hour to accommodate a sport that is out of season? Too many times, volleyball must give up gym time so basketball can play pick-up games or conduct out of season individual/group training sessions.
3. Is the volleyball team travelling in vans, that you drive, while another team rides in buses?
4. Does your school promote/market volleyball? Are there pep rallies being held for other sports? Does volleyball enjoy comparable media support? Are there specific marketing programs in place? Does the band come play at matches? If other sports can say yes, then volleyball should be receiving the same support.
5. What is your salary or coaching stipend? You should be in-line with the male sport coaches at your school.
6. If you are a college coach, do you have a contract - not an employment letter, but a multi-year contract with termination only for cause? This is significant, because EVERY college football or basketball coach has a multi-year, cause only contract.
As a coach, you feel something is not fair, you must take a hard look and determine if they are significant enough to merit taking legal action. Sometimes, all you need to do is reference legal action or threaten a lawsuit and things will change.
At one school, I sat through a long meeting requested by the Men's Basketball coach with the Athletic Director because he was upset that Women's Volleyball had the gym each afternoon for practice and he wanted to use the gym for pick-up basketball games during that time frame.
After confirming with the Basketball coach that he was demanding that volleyball vacate the gym during the season, so Basketball could play pick-up games before their team practice commenced, I turned to the Athletic Director and stated that if an in season female team is being told to vacate the floor for an out of season male team, then we need to schedule a meeting with the school's General Counsel to visit about Title 9 issues. The Athletic Director's response was to look at the Basketball coach and say that Volleyball had the floor until the start of their team training, and then the gym would be shared equally until Volleyball was done with their season.
Unfortunately, it was not until the threat of a lawsuit or a Title 9 mention, that the Volleyball program received support. There was no hesitation by the Men's Basketball program to demand that Volleyball negatively impact our program to benefit them, and the Athletic Director allowed such a meeting to happen.
Don't be afraid of considering a lawsuit if you feel the situation merits one. If your program does not receive equal support (budget, equipment, promotions, media) or you feel that a discriminatory practice exists (denied access to facilities, no multi-year contract, hostile attitude towards you or volleyball), then you have two choices - Either leave that school and hope the next school is better or demand equal treatment by using the law.
If you decide to consider a lawsuit, you must visit with an attorney who handles such situations - don't rely on this website or the experience/advice of other coaches. Go see a lawyer, even if you have to pay to have an appointment, because the lawyer will be able to examine your case and determine if there are legal grounds for a suit and the probability of that suit being determined in your favor!
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