Updated posting
Fresno State has appealed the $19.1 million jury verdict in the Stacy Johnson-Klein gender discrimination trial. The university also is appealing Judge Donald. S. Black's decision to deny a new trial if the former women's basketball coach accepted a reduction of the award to $6.6 million, which she did.
This is on top of the ongoing appeal of the Lindy Vivas verdict. Vivas, who was fired by Fresno State as women's volleyball coach, was awarded $5.85 million by a jury, which said her dismissal was improper. That judgment was reduced by the judge to $4.52 million. Vivas accepted the reduced award, but Fresno State is also appealing that case.
We don't yet know what the university's grounds are for the latest appeal. See the story here. There is a related story on Sen. Dean Florez talking about the appeal today on ESPN right here. The Bee's editorial board urges the university to settle quickly with Johnson-Klein in this editorial you can read here.
So, what do you think? Should Fresno State keep this fight going, or pay up and move on?
Let me see if I have this straight; Fresno State:
1. Wants to further hinder fund rasing for the Bulldog Foundation;
2. Wants to string out an appeal process for another couple of years;
3. Wants to do all this while waiting for one or two other Title 9, gender-discrimination legals actions;
4. Is determined to cost Pat Hill his stadium expansion;
5. Wants to further discredit the Athletic Department.
6. Doesn’t mind several more years of bad PR.
That’s the net effect of FSU’s decision. Is it just me, or do the powers-to-be at FSU seem rather dense?
I would vote for super dunce. They are blowing it big time on appealing this. They absolutely need to just pay up and move on for the better of the community/university. They are just paying astronomical lawyer fees to fight this.
Fresno State needs to just settle and move the heck on.
Let's see, you admit you don't know the grounds for the appeal, yet are asking for opinions on its advisability? I guess you're not looking for informed opinions, then.
I don't know what grounds they plan to pursue, either, but if they are solid, why not go for it? At the minimum there is a chance to save $6 million of taxpayer money. And maybe the appellate court will give some direction on how to deal with these issues in the future, since the "message" sent by the trial court seems to mean whatever people want it to mean.
Why would the University settle when it has done nothing wrong? SJK says she was fired for complaining about Title IX. Title IX is about unequal treatment of student athletes. If you recall, 100% of the athletes complained it was this coach doing all the mistreatment. It has nothing to do with soda machines in offices or parking spaces. Would your employer give you $6.6 million because you don't like your parking space.
Fresno State is listening to the attorneys, to appeal the case.
Who is making money on the appeal, win or loose, the Fresno State Attorneys.
That's right, Fresno (city - not the university) - keep trying to "resolve" these issues in the court of public opinion - a court that apparently trumps all other courts, legal standards and rules. You provide the fodder, and Senator Florez can keep trying to make gold out of straw - your very own Rumplestilskin.
This whole story would not fly in other than a backwards cowtown that can't see beyond it's own nose.
Maybe it would be best to just shut down the whole athletic department - fire every coach, staff member, and administrator. You would cut off your own noses to spite your (two)faces.
The Fresno State attorney says she doesn't even know what she has for an appeal but has filed one. It seems that the attorney should know her case by now and know what her grounds are for an appeal.
Seems to me this is an automatic legal filing designed to re-negotiate for another reduced amount.
Unfortunately for our community, it also keeps the topic in the news to remind us of the unfairness that has been perpetrated on all of us taxpayers. Why can't we put this behind us?
I think it is time for Fresno State to pay up & move on. Why waste more taxpayers money.
Grow up Welty! Drop it or resign. I even think that the original suit was weak but it's time to Just move on. Les White
Fresno State should settle.
Remember, there's a fourth case (Iris Levesque), that if it does nothing else will shed even more light on how Ray Lopes was allowed to run amuck (one of the key issues in the Johnson-Klein trial) by administrators. Anything that comes out in the Levesque case will become fodder in a retrial of the Johnson-Klein case.
As the reporter who broke the Levesque story on the Bay Area Independent Media website two days before Channel 30 picked up on it, I've seen the court papers. Having those allegations come up in a Johnson-Klein retrial would not help Fresno State.
Ms Klein was treated unfairly, her reputation tarnished, but this is a perfect example of our mixed up priorities.God bless the families of those who died from negligence of others and got nothing. An innocent persons reputation can be corrected, but dead is forever!!!!!
Okay. From an attorney's point of view, you MUST not let the time run on a "Notice of Appeal." Failure to do so voids all your rights. When I practiced it was a simple notice, and if a situation wasn't fully resolved, we would always file it. It means rather little.So the filing of that notice by FSU isn't particularly critical, except to avoid malpractice by the attorneys.
Clearly the university is trying a last grind. They will try to get a final reduction. However, they must face the fact that the plaintiff, Stacey, gets a cross-appeal, and can ask for the full sum to be reinstated, but this is unlikely since all the folks in the legal community that I talk to feel the amount highly inflated. However, I think we have to let the final bargaining take place, and then evaluate. Stacey will have to decide whether to cut another million or so to get her money now. Appellate courts hesitate to overturn jury verdicts, so, absent some clear reversible error (of which I have heard none) the university's position is weak, but Stacey may want to move on. And her attorney's fees will be mostly paid by FSU by special statute, so she has much to gain; and she, too, needs to move on with her life and several million dollars.
NO--Fresno State should settle the Lawsuit with Johnson-Klein and quickly. Look what it is doing to Fresno State and the Community. As a Bulldog Foundation member it should be now. We are not willing to use our TAX money to fund this effort,
T. C. Morgan, and the Bee need to stop listing the University (Fresno State, and CSU) as the entity appealing the SJK case. It is the university "leadership" of president Welty, CSU Chancellor Reed, and their attorney Dawn Theodora, who are responsible for losing the taxpayer money, and now they want to put it at risk again.
Perhaps it's time to insert a financial accountability clause in their contracts. Namely a unmeritorious behaviour clause that docks their pay by an amount parallel to the percentage of budgetary loss suffered by the Fresno State academic budget. After all this "leadership" team knew and was involved in creating the problems at Fresno State.
The only remaining question is whether or not their offenses should be grounds for removal. Removal is unlikely though as both Welty and Reed birds of a feather in their lack of scholarship and teaching experience for the institutions they are running. It's past time to return the leadership of institutions of higher education to individuals with scholarly credentials rather than managers.
Coach Klein should opt for a new trial. She agreed to lower the original settlement in good faith assuming FSU would accept. Now that FSU is playing games Coach klein should opt for a new trial or negotiate for the original settlement. FSU's conduct during this entire episode has been deplorable. Coach Klein made the first peace overture by accepting the revised amount, FSU is reneging. I personally hope Coach Klein opts to go for a retrial,what FSU has done to this lady is unforgivable and certainly inexcusable. Hopefully when Coach Klein wins the retrial there won't be another hometown judical decision.
Does what I think matter?
The administrators are going to clear their good name no matter how much it costs "me". All the administrators can do now personally is win at my further expense, After all they have already lost once at my expense. To do so will again will again be at my expense. There is no downside for them to consider...
... because I don't matter.
They need to have their asses fired before they bankrupt me (as a taxpayer)...
...Oh yea, I don't matter.
So why would care what I thought?
Fresno State will continue to add more embarrassment if they persist on fighting Stacey Johnson-Klein. LET IT GO!!!!
I believe that Fresno State should settle up and move on. We don't want our student to think that they have been forgotten. I would hate to think that all this money spent on the trial may somehow effect students cost for an education. The jury has made a decision,now lets show our students how we can move on and lift the bulldog spirit that it rightfully deserves.
Terry Seita
Absolutely ridiculous!!! Welty and Reed think they can play this out, while they continue the charade on campus...trying to improved Athletics. A few weeks ago they stated that all the funds that were misdirected from contributions have been settled. Funny how they don't mention their new direction of funding changes to the Athletic Dept. Unfortunately there are still ghosts hanging in the closet up on Maple mall, and true to fashion, Welty (and Reed) continue to be like teflon... nothing sticks. Sadly it doesn't make any difference what the common people in Fresno say, he would only listens to the people that he entertains with...the big money in town. Some may feel Florez is going about his agenda the wrong way - but at least he is trying to do something. In this trying time of budget deficits, Welty's continuance of this court case, as well as his pouring money into Athletics is absurd!
SJK is willing to negotiate further but only if the cowards Welty and Reed are also there in person. They really need to go to the table. Perhaps they fill they will be watched on their behavior and are afraid they will show their true colors on what got them there in the first place.
Did she ever get help for her drug addiction or is she still hitting up people for pills? Maybe Warren is helping her out till the settlement is reached and she can buy her own pharmacy.
I agree with John and Rich.
I believe this suit is now out of the hands of the local campus. The decision to appeal would not be the prerogative of Dr. Welty or anyone else on Campus. No matter what the Bee's opinion is on this matter it would be settled in the Bee's pages. It is no longer a local issue it is University wide. Get used to it.
While agreeing that the matter should be closed, I also wonder about the message Fresno State is sending about respect for decisions rendered by those entrusted with the judgement. To take the thought about "appeal" further, does CSUF want each student not passing a class to be able to appeal the instructors' authority to grade? Do they want to have each game that teams have lost to be replayed until the verdict comes out in their favor?
Isn't there a time to accept the judge's decision and tell their lawyers to move to the next case?
Brian you are so heartless. Have you seen her pop pills? If she does have a problem I wish her luck to overcome it. Addicts need support not caddiness to get over the addiction. Shec won the jusgement fair and square and won't see it for along time and if she chooses to buy a pharmacy then that is her business. Get over it and stop being such a freaking bully.
As counter-culture as this might sound, why doesn't Fresno State just make it easier on themselves and put a gender-sensitive, highly qualified woman in charge of both the campus presidency, nixing Welty, as well as in charge of the the Athletic Division?
Jackie-Let's see... she had a problem that set all this in motion and we have not heard from anyone whether she got any help.That should be everyone's main concern.Sounds like I'm the compassionate one.You've called me deranged,a @#$%&*@# bully, heartless...Maybe you should get some help for your anger & jibberish problem
I don't have an anger problem but don't see where her getting help is any of your business especially when you continue to dog on her about it. I wish she was on here to put everyone in their place including me if she thought I needed it.
Hey Folks:
An excellent argument to repeal the 19th amendment.