"If I Had My Choice Of Clients...I Would Side With The Plaintiffs"
We recently wrote about the Florida Gulf Coast University Title IX settlement. Here is some additional information on the warnings the University received from their attorney.
FGCU's attorney, Aaron Behar of Miami, warned that key witnesses weren’t credible and a jury would see through holes in the defense, according to transcripts released by the University.
According to Behar:
• Former interim president Richard Pegnetter probably was lying during his interview and would not be a credible witness if either case went to trial.
• Ombudsman Charles McKinney was evasive and did not properly investigate or report complaints.
• Administration failed to react to gender discrimination complaints.
“If we go to trial, I think that ..., well, let’s put it this way, if I had my choice of clients to represent, I would side with the plaintiffs,” Behar said to the FGCU’s Board of Trustees. “I think they have a very strong case. I think that our defenses have a lot of holes in them.”
A few weeks later, FGCU opted for a $3.4 million settlement with former volleyball coach Jaye Flood and women’s golf coach Holly Vaughn, who were claiming retaliation and defamation after bringing to light concerns with treatment of women’s athletics and female coaches.
“You essentially stop the bleeding at some point,” Behar said. “With going to trial you have everything becoming public, all the transcripts, all the documents, all the dirty laundry, so to speak, gets aired out.”
Behar compared the case filed by Flood to a similar gender-equity case in California. At Fresno State University the school forked out $19 million to the basketball coach for a similar discrimination complaint.
FGCU's attorney, Aaron Behar of Miami, warned that key witnesses weren’t credible and a jury would see through holes in the defense, according to transcripts released by the University.
According to Behar:
• Former interim president Richard Pegnetter probably was lying during his interview and would not be a credible witness if either case went to trial.
• Ombudsman Charles McKinney was evasive and did not properly investigate or report complaints.
• Administration failed to react to gender discrimination complaints.
“If we go to trial, I think that ..., well, let’s put it this way, if I had my choice of clients to represent, I would side with the plaintiffs,” Behar said to the FGCU’s Board of Trustees. “I think they have a very strong case. I think that our defenses have a lot of holes in them.”
A few weeks later, FGCU opted for a $3.4 million settlement with former volleyball coach Jaye Flood and women’s golf coach Holly Vaughn, who were claiming retaliation and defamation after bringing to light concerns with treatment of women’s athletics and female coaches.
“You essentially stop the bleeding at some point,” Behar said. “With going to trial you have everything becoming public, all the transcripts, all the documents, all the dirty laundry, so to speak, gets aired out.”
Behar compared the case filed by Flood to a similar gender-equity case in California. At Fresno State University the school forked out $19 million to the basketball coach for a similar discrimination complaint.
“I think it’s the $19 million case that is substantially similar to the one that we have here,” Behar advised the board. There isn’t any financial judgment cap on Title IX cases. This was a real financial danger.
“All of our research has shown that these Title IX cases, especially retaliation cases, the verdicts are much, much higher...,” Behar said.
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