$5.8 million award in CSU Gender Discrimination Case - More Investigations to Come

By GARANCE BURKE, Associated Press Writer
Thursday, July 12, 2007

(07-12) 18:49 PDT Fresno, Calif. (AP) -- Legislators plan to investigate the extent of gender discrimination in the state's public universities following a former volleyball coach's landmark legal victory this week against the California State University, Fresno.

Two years after coaching her team to its best season ever, Lindy Vivas, 50, was fired in 2004. University officials said she failed to meet performance goals written into her contract. Vivas argued in a lawsuit that she got axed because she advocated for the fair treatment of women athletes.

Monday, a jury awarded her $5.8 million, likely the largest amount ever granted to a coach suing for retaliation under Title IX, the federal law barring gender discrimination in school sports.

Alarmed by the settlement's cost to taxpayers, lawmakers now want to probe whether officials may have turned a blind eye to widespread gender discrimination throughout the CSU system, Sen. President Pro Tem Don Perata said Thursday.

Perata chairs the Senate Rules Committee, which he expects will approve the formation of an investigative, select committee Wednesday, which would have the power to convene hearings and subpoena witnesses, a spokeswoman said.

Two other women who used to work at the Fresno State athletic department have filed suits similar to Vivas', and softball coach Margie Wright has filed a federal retaliation complaint against the school.

CSU's Office of General Counsel denied requests for an interview Thursday, but Fresno State issued a statement saying the campus would cooperate with any legislative queries.

"The President has stated that the university takes seriously the decision of the jury in this case and we deeply regret any perception that Fresno State treats anyone unfairly," said a statement issued by the university communications office. "It is fundamental to the university that the rights of everyone in our campus community are respected and protected."

Vivas said dozens of coaches — including some within the CSU system — had called her since Monday, saying they also faced on-the-job retaliation for advocating gender equity.

"What's really clear to me is how biased and unfair the CSU system is when it comes to resolving their internal issues," Vivas said. "Every time I turned around there was someone assigned to me who was geared to protect the CSU system. I had to take it to the courts to get fair treatment."

Fresno State officials declined to respond to those specific allegations.

Earlier this week, defense attorney Dawn Theodora said the school would appeal the settlement.

Wednesday, Sen. Dean Florez, D-Shafter, wrote CSU Chancellor Charles Reed to request records of all systemwide settlements over gender discrimination claims — both in and out of court — and suggested Fresno State would be better served under someone other than President John Welty.

"The recent verdict points to problems we've had in the past in athletics," Welty said in response. "I'm honored to have served as President at Fresno State for 16 years and I will continue to serve."

After the government found Fresno State was violating Title IX by skimping on opportunities for female athletes in 1994, the university made major changes. The U.S. Department of Education declared it was in compliance in 2001.

The school that produced three-time Olympic gold medal softball player Laura Berg has doubled the number of female athletes and increasing the budget for women's sports fivefold from 1995 to 2006.

That has yet to "change a culture of discrimination," said Florez, who called for the proposed committee's formation. While initially focussed on CSU, Florez said the committee could also investigate the University of California system, whose spokesman declined comment.

"We want to send some sort signal of confidence to women throughout California that their claims will be taken seriously and we do care about Title IX," said Florez.