Nikki Moody sues Bill Fennelly over Racial Discrimination...

[StClone]

Agreed. Even so though, wouldn't she have to prove she was singled out? Seems like he's pretty equal opportunity in his hollering...

That is the point: how are Moody's representatives going to tease out her being discriminated when it was Bill's notorious coarse words at most players. Has Nikki been wronged or was she motivated to rationalizing the wrong.

And, Bill aimed his words against those whom he thought were under-preforming to the standards he deemed. That's coaching not discrimination. Compare noncontroversial workhorse Hallie's coachable quite style to Moody's career, especially her Senior year, of being effective yet contentious.

I liked Moody's fire and skill, and Bill tried to harness that to his (and Iowa State's) detriment - but not Nikki's! I do not hate Bill, heck at a distance he had major success and made a history for ISU's WBB. He deserves better, but I think this is the point where serious questions are forced to be asked of the program's direction and future.

 

[cyclone13]

Let's suppose the racial basis for the suit is no deeper than what's there, which seems thin. Why not simply go for an abuse charge instead? Is it to get more attention? To inflict as much damage as possible? To go for something highly charged, and then settle for something less? Can that happen in such a case? Could they decide, hey, the coach didn't discriminate based on race, but did verbally abuse the player? Some of the other cases out there right now appear to be based more on abuse.


This current round of reviews and cases will be noteworthy in terms of precedence set for programs and coaches around the country.

I believe if she sues for abuse, it'll be really difficult because some former and current players will defend him and say there is no abuse. It will be just a case of Nikki not tough enough to get negative feedback or intense coaching.
Racial discrimination is more difficult to prove and counter at th same
time - notice how they lay the lawsuit starting that she is one of few black players, she wasn't welcome after graduation while the white alumna was welcomed and could use the facility for rehab, etc etc.

 

[cydney]

...
And, Bill aimed his words against those whom he thought were under-preforming to the standards he deemed. That's coaching not discrimination. Compare noncontroversial workhorse Hallie's coachable quite style to Moody's career, especially her Senior year, of being effective yet contentious.

I liked Moody's fire and skill, and Bill tried to harness that to his (and Iowa State's) detriment - but not Nikki's! I do not hate Bill, heck at a distance he had major success and made a history for ISU's WBB. He deserves better, but I think this is the point where serious questions are forced to be asked of the program's direction and future.

Unfortunately for CBF, the big mistake he probably made was giving Moody as many chances as he did when she didn't want to be a team player. Personally I don't think he did it simply because she was talented and he wanted to win. Sure, that was likely part of it. But I believe he really does want to help these student-athletes develop life skills and be successful after graduation. He presumably thought he could help Moody grow in ways that would benefit her. And despite debates about his methods, there is ample evidence that his program has done that for many players.

 

[Cycsk]

Perhaps I just missed it, but I don't recall any conversation about the statements of Seanna Johnson's mother. This is pretty strong stuff in favor of Fennelly.

One parent of a current African-American player, Tyseanna Johnson, strongly defended Fennelly.​

“Tyseanna’s never came and told me anything about coach Fennelly,” Tanisha Johnson said. “She’s never came and said he made some prejudice remarks about anybody. She’ll be a senior in May. I have much respect for coach Fennelly. He’s been like our second family. Coach Fennelly has always been there for my family, no matter what we’ve gone through. He’s supported Tyseanna.​

“It’s sad that people do and say stuff to hurt other people. I’ve been to practice a whole bunch of times, and I’ve never heard him say anything racial, and by the way, I’m African-American and my daughter is African-American. If he was prejudice, there is no way in hell — and I’m sorry, excuse my French — I would leave my kid there.”​

http://amestrib.com/sports/women-s-basketball-moody-s-lawsuit-alleges-discrimination-throughout-isu-program

 

[Cycsk]

Also, why is this suit being filed in Polk County . . . rather than Story County where most of the alleged incidents took place?

 

[BoxsterCy]

Unfortunately for CBF, the big mistake he probably made was giving Moody as many chances as he did when she didn't want to be a team player. Personally I don't think he did it simply because she was talented and he wanted to win. Sure, that was likely part of it. But I believe he really does want to help these student-athletes develop life skills and be successful after graduation. He presumably thought he could help Moody grow in ways that would benefit her. And despite debates about his methods, there is ample evidence that his program has done that for many players.

Also think the part of favorites being race related is weak. Fennelly does and has always had favorites. I don't think anyone can argue too much that Seanna isn't his current favorite player and think she was his fav last year also. He also just gushes compliments on Burkhall. Not on his fav list would be a couple of white gals, Fernstrom, since departed, and probably Durr, hanging in there.

 

[Cy241]

Also, why is this suit being filed in Polk County . . . rather than Story County where most of the alleged incidents took place?

This is a good question. I was under the belief that a suit had to be filed in the place that it occurred.

 

[Rabbuk]

Also, why is this suit being filed in Polk County . . . rather than Story County where most of the alleged incidents took place?

Is it a federal case?

 

[CyArob]

Also, why is this suit being filed in Polk County . . . rather than Story County where most of the alleged incidents took place?

Probably because they're also suing the state.

 

[Cycsk]

Is it a federal case?

Nope. Iowa District Court.

 

[Cycsk]

Probably because they're also suing the state.

Can't you sue the state in any Iowa District Court? Maybe it doesn't matter. Maybe they just filed in Polk County for the convenience of their lawyers.

 

[ImJustKCClone]

Can't you sue the state in any Iowa District Court? Maybe it doesn't matter. Maybe they just filed in Polk County for the convenience of their lawyers.

They might think they have a better shot at an impartial jury in Polk county than in Story, if it comes to that.

 

[drednot57]

Also think the part of favorites being race related is weak. Fennelly does and has always had favorites. I don't think anyone can argue too much that Seanna isn't his current favorite player and think she was his fav last year also. He also just gushes compliments on Burkhall. Not on his fav list would be a couple of white gals, Fernstrom, since departed, and probably Durr, hanging in there.

Every coach I've known has favorites among his or her players. Some personalities mix well, others don't; that's life.

 

[DoctorUncle]

impoliteness sucks ***. but it isn't a wrongful act or an infringement of a right leading to civil legal liability.

If she doesn't win there could still be a case for ISU to retire BF. I have no problem with yelling etc but if he really uses the "c" word (that rhyme with "punt") then he will have a problem recruiting players. The "B" word also needs to be taken into context - did he call "hey you b.....s, chase the ball" or just "sob"? Both can have different context.

the coaches are paid not to be saints but to win games. BF's intense style is already known but he has reasons for it and it's not everyone's cup of tea. I had some intense bosses and you just had to be professional and that experience served me well: I had experience when one of my clients dropped F bombs on me because he didn't like the adjustment we made on his numbers and we stayed professional and calm instead of crying or suing our client because at the end of the day, it was still our client. I was told certain martial art schools purposedly berated you and yelled at you for hours including having to fight for 20 mins to test your patience. They don't want someone whonis hot headed and punch someone whenever you get provoked.

One professor also penalized small mistakes BIG TIME because he said "in real life you make one small mistake, you can end up costing tons of money so I want you to be perfct." That is something that BF can use: he demands perfection because making mistakes will hurt your team big time.


So it will depend on how each party tell their stories.

 

[Royalclone]

They might think they have a better shot at an impartial jury in Polk county than in Story, if it comes to that.

Or more of a chance to get Hawk fans on the jury.

 

[kcdc4isu]

Or more of a chance to get Hawk fans on the jury.

Most of them can't pass the basic IQ test to serve.

 

[cydney]

Harassment IS lawsuit worthy, but it is absolutely not what this case is about. Nikki's case is based entirely on Coach discriminating against her based on race.

This statement is backed up by an article in today's Ames Trib:
http://amestrib.com/sports/women-s-basketball-what-next-moody-racial-discrimination-lawsuit

Excerpts (other details in the article):

The model states the plaintiff must first establish a prima facie case, which typically has four parts, Johnson said. The plantiff must show he or she is in a protective class, that he or she is qualified to do whatever he or she wants to do, that he or she didn’t get to do it and that the “circumstances raised a difference that was because of that protective basis,” Johnson said.

In the case of Moody, she is black, which protects her from discriminatory practices by the Iowa Civil Rights Act. She was offered, and accepted, a full-ride athletic scholarship by ISU in 2010, according to the lawsuit. Moody alleges she was discriminated against “with respect to programs and activities conducted at the University,” according to the lawsuit, and that “race was a motivating factor.”

The burden then shifts to the defendant, who must provide a non-discriminatory reason for the allegations. The plaintiff is then given the chance to prove that the defendant’s state reasons are pretext, Johnson said.

...


Borland [from law firm representing Moody] admitted he was surprised at how fast the news of his client’s lawsuit percolated through local and national outlets. Many former ISU players came out in support of Fennelly, saying his intense coaching style helped make them better on the court.

Borland doesn’t believe that’ll be an issue moving forward.

“That’s not what he’s being sued for,” he said. “He’s not being sued for being a mean person. The lawsuit clearly alleges that the defendant engaged in conduct with Nikki because of her race or in conduct that was motivated, in part, because of her race.

“These actions are not dependent on you being an intense basketball coach, or a bad person. They’re really not even dependent on you being a racist. Nowhere in there does Nikki allege that Bill Fennelly is a racist, and that’s not something that has to be proved in this type of case. “I don’t want to speak beyond that, but the key is you don’t have to be a racist to discriminate, and there is no allegation that Bill Fennelly is a racist.”

Borland knows the challenges, for both sides of the case, that lie ahead.

“What a jury is asked in the end is, does that protected characteristic play a part in the actions that were taken against the individual?” Borland said. “That ‘play a part’ language was put in place by the Iowa Supreme Court, and it’s pretty clear. “If race or age or some other protected characteristic played a part in the decision, then an illegal discrimination has occurred. That’s really what we have to prove … that she was discriminated against or treated differently than other people because of her race.”

 

[cyclone13]

Or more of a chance to get Hawk fans on the jury.

Personally I am not worried whether the judge is hawk fans or tavern hawks because at the end of the day, if ISU loss this case, the burden will be on them as taxpayers. Maybe one of our lawyers will tell the jury that "this accusation has no merit and therefore, the university, the state and all of you - as taxpayers - shouldn't be liable to pay for this.

 

[Royalclone]

Personally I am not worried whether the judge is hawk fans or tavern hawks because at the end of the day, if ISU loss this case, the burden will be on them as taxpayers. Maybe one of our lawyers will tell the jury that "this accusation has no merit and therefore, the university, the state and all of you - as taxpayers - shouldn't be liable to pay for this.

If there is no merit to the case, I would hope that the Judge takes care of that before it gets to a jury. That would save a lot of cost. Judges don't care of the cost to the state. Since the law schools in the state are at Iowa and Drake, I would think most of the judges in the state graduated from one or the other. That said, I don't think the judge will worry that much about their own fandom. I do believe, however, they like supporting there fellow lawyers. It will have to be a very poor argument not to get past the judge's hearing.

 

[LindenCy]

Personally I am not worried whether the judge is hawk fans or tavern hawks because at the end of the day, if ISU loss this case, the burden will be on them as taxpayers. Maybe one of our lawyers will tell the jury that "this accusation has no merit and therefore, the university, the state and all of you - as taxpayers - shouldn't be liable to pay for this.

Hawk fans don't make enough money to pay taxes, so this might not help.