Hawk fans don't make enough money to pay taxes, so this might not help.
totally forgot about it....you're right
Hawk fans don't make enough money to pay taxes, so this might not help.
Hawk fans don't make enough money to pay taxes, so this might not help.
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.”
I haven't read the entire thread but what specifically did Fennely "deny" Moody because of her race?
I don't think it has to be clearly spelled out. It would just have to be shown that was the case. Correct me if I'm wrong, but that class was the only one to not be allowed to continue training. There have been black players in the past. That class had behavior problems. I think that is fairly clear.Her strongest claim seems to be that Chelsea Poppens and others were allowed to continue training (in ISU facilities) after completing their playing careers in anticipation of the WNBA draft, while she was denied that opportunity.
For all we know - there may have been a "good standing" requirement for that privilege. If so, it word of course have to be clearly spelled out.
She is also claiming that she was treated more harshly than white players.
Moody spoke in conflicting terms, yes. We do not know all that happened behind closed doors and she could have a case. Please don't use an idiom to generalize as the term Race card is pretty loaded so far avoided in this thread.Well, this just now appears Moody is pulling the race card.
"He isn't racist, but he did things to her because she was black."
Well I was responding to your comments about their choice to sit behind the bench and also not be pleased with what they hear.I think you're being a little generous in your interpretations.
They are not suing, Nikki is. And she's not suing the Coach & ISU because he's a big ol' profane meany. She has accused him of racism. Not one person in this thread has supported the idea that Coach is racist. Whether or not they think he is an ******* is entirely immaterial, and is not relevant to the case.
Her strongest claim seems to be that Chelsea Poppens and others were allowed to continue training (in ISU facilities) after completing their playing careers in anticipation of the WNBA draft, while she was denied that opportunity.
For all we know - there may have been a "good standing" requirement for that privilege. If so, it word of course have to be clearly spelled out.
She is also claiming that she was treated more harshly than white players.
What he said: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.
I think they are ******** about it not because of how it effects them but because of the effect on the players and how that relates to the case. It is relevant. You can like to sit there and hear what he says without liking how he treats our players.
I think you're being a little generous in your interpretations.
They are not suing, Nikki is. And she's not suing the Coach & ISU because he's a big ol' profane meany. She has accused him of racism. Not one person in this thread has supported the idea that Coach is racist. Whether or not they think he is an ******* is entirely immaterial, and is not relevant to the case.
Well I was responding to your comments about their choice to sit behind the bench and also not be pleased with what they hear.
Exactly! It is not a crime to be a doosh canoe! A person in authority (Fennely) can yell and scream all he wants. He can demean players... he can call them worthless... he can even call them the C word. That isn't lawsuit worthy in my mind.
Really? Abuse isn't lawsuit worthy? Only racial discrimination?
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.
What he said:
"He can demean players... he can call them worthless... he can even call them the C word. That isn't lawsuit worthy in my mind."
That is what I responded to, not whether it was what this case is about but narrowly to his comment that those things he said are not "lawsuit worthy"
Her strongest claim seems to be that Chelsea Poppens and others were allowed to continue training (in ISU facilities) after completing their playing careers in anticipation of the WNBA draft, while she was denied that opportunity.
For all we know - there may have been a "good standing" requirement for that privilege. If so, it word of course have to be clearly spelled out.
She is also claiming that she was treated more harshly than white players.
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.
I thought this was very telling:Is "being a jerk" a category that is protected from discrimination?
Once again, if race is the issue, then it seems that the testimony of Seanna Johnson and her mother are going to be quite compelling. Her mother's statements in support of Fennelly are pretty strong.
They choose to sit somewhere that they KNOW they will be unhappy. You can still get courtside seats far enough away from Fennelly to not hear most of what he says. They got what they asked for - up close & personal seats by the bench. If they don't like what they hear, that's on them. Fennelly has been Fennelly for as long as he's been around.
At any rate, it is STILL immaterial to the case (which is about a player being discriminated against due to her race), and is an effort to derail.
Just my guess but I bet everything else was meant to create public perception of wrong doing and damage BF in the court of public opinion.