Robin Potera Trial

[wbtfg]

From today's chronicle...apologies if it's already posted.



BUTTE -- During testimony in her gender discrimination lawsuit against Montana State University Wednesday, former women's basketball coach Robin Potera-Haskins said the school's athletic director bullied her into putting his daughter on her team and giving her a scholarship.

She also testified in U.S. District Court here that athletic director Peter Fields manipulated the program when his daughter complained about her coaching. The trial is expected to continue through this week.

Fields' daughter, who came to MSU from Division II Drury University, "lacked the skills to play at the Division I level," Potera-Haskins said. "I felt the only concern Peter Fields had was to run the women's basketball program to the benefit of Briana Fields."

In her longstanding lawsuit against the university, Potera-Haskins claims that MSU fired her in 2004 in retaliation for complaining that Fields undermined her coaching and that the school had violated federal regulations by treating men's and women's sports teams differently.

MSU maintains that other issues led to the coach's dismissal. According to MSU's attorney Andy Forsythe, Potera-Haskins "was overly critical, insensitive and unresponsive to (her players') academic needs." And because of her behavior, the women's basketball team had a severe retention issue with several players leaving in one year.

Potera-Haskins coached the Bobcats from 2001 to 2004, winning 54 games and Big Sky Conference titles in 2002 and 2003. She was fired in the spring of 2004.

Her first two seasons at MSU went smoothly enough, associate athletic director Dan Davies testified Wednesday. He'd given her an exceptional evaluation, he said.

But Potera-Haskins' alleges her troubles began after Peter Fields came to MSU in the spring of 2002 and soon after intimidated her into putting his daughter on her team in the middle of her third season as coach of the Bobcats.

Briana Fields was disgruntled because the coach did not give her enough playing time and didn't like her coaching methods, Potera-Haskins said.

She "had immediate complaints" about the coach's pre-season conditioning program, particularly running, she said. Briana Fields was more interested in lifting weights than shooting practice and "saw no correlation between running and basketball," Potera-Haskins testified.

Shortly after his daughter arrived at MSU, Fields reassigned the women's basketball team's pre-season training to a staff weight trainer, she said.

Once the season got underway, the athletic director further limited the coach's training time with the team, telling her she was "physically and emotionally abusing" the student athletes, she said.

"I love my players," she said, breaking down in tears. "I was trying to prepare them to be the best that they could be.

"I was the person hired to run the women's basketball team," she added. "I was totally undermined every step of the way."

Davies and former MSU men's head basketball coach Mick Durham, both with more than a decade with the university, testified they knew of no instances when administrators meddled in the activities of men's coaches.

Potera-Haskins also claims the school treated men's and women's teams unfairly when they gave visiting men's teams a $25,000 guarantee to play in a school-sponsored tournament but nothing to women's teams. Eventually, MSU made a $5,000 guarantee to women's teams, Potera-Haskins said. That was still unfair, she said.

Peter Fields and former MSU president Geoff Gamble are both expected to testify as the trial continues Thursday.

[WolfPtCat]

MslaCat/Grizlaw,

What are your thoughts?

It has been a few years, so the details are a little fuzzy. I remember she lost a LOT of players, either because her practices were too long/hard, an abrasive personality, or playing time issues. But, it is pretty hard to argue with 2 conf titles in 4 years, and her gripe about Fields' daughter seems very plausible.

How much is she actually sueing for? Looks like she is trying to avoid the real reasons she got fired by not bringing a "wrongful termination" suit, and instead thinks she can win some money by filing a "gender discrimination" suit. To me, the dollar difference in bringing in Men's vs. Women's teams is a mute point. You pay whatever the market demands.

[mslacat]

I can remember from Potera's last couple year hearing a lot of player story's of demands Potera made on their time outside of basketball. There was talk that their could be NCAA violations (that maybe a little harsh) about MSU Women's basketball players exceeding practice and conditioning time. There were also complaints that there players were not allowed to miss practices for finals or make up tests (sometime make up tests are given for test that were given while players were on the road). There were also a lot of accusations of excessive name calling and abusive language.

[GrizinWashington]

Her first two seasons at MSU went smoothly enough, associate athletic director Dan Davies testified Wednesday. He'd given her an exceptional evaluation, he said.

Oh oh. This doesn't bode well for the University. I can tell you as a former labor law specialist for a corporate HR department, employee evaluations carry a great deal of weight with juries. The lesson to learn: If you manage employees, rate them accordingly. Annual reviews are not the time to be Mr/Ms. Nice Guy/Gal. If they ain't meeting the requirements of the job rate them appropriately.

[Hawks86]

Remember what happened the first time

Judge reduces suit by ex-MSU coach
By The Associated Press

BOZEMAN - A federal judge has dismissed all but one of the complaints in a lawsuit filed by Robin Potera-Haskins after she was fired as women's basketball coach at Montana State University.

Potera-Haskins, who was fired in 2004, alleged that the university violated her First Amendment free-speech rights and sexually discriminated against her by interfering with her team and future employment by firing her because of sexual-discrimination complaints she raised and by hiring a man to replace her.

The university said Potera-Haskins was fired because of poor performance, writing in court documents that "her termination was based exclusively on the mistreatment and abuse suffered by the student athletes under her leadership." MSU notes that the school had the right not to renew her contract.

Two counts of her civil lawsuit were dropped in May 2006. On Friday, U.S. District Court Judge Sam E. Haddon dismissed two more counts but ruled that Potera-Haskins has the right to present evidence supporting her claim that her firing amounted to sexual discrimination, in violation of Title IX of the Education Amendments of 1972, which prohibits sex discrimination in educational settings. The trial is set for Feb. 11 in Butte.

University President Geof-frey Gamble said he had not yet read the ruling, but he added: "Obviously, we're pleased with the judge's decision on the two issues he decided to rule out. I have not had chance to talk with our attorneys, but I assume we'll proceed, possibly to trial."

Potera-Haskins said she complained to senior MSU officials that the women's basketball program was not treated equally to the men's in the areas of salaries and other funding, attracting sponsorships and facilities.

Potera-Haskins also argues that Athletic Director Peter Fields demanded that she recruit his daughter from a Division II university and offer her a scholarship and that he otherwise interfered with her coaching authority. She said similar interference would not be placed upon or tolerated by coaches of men's sports.

In a preliminary statement, MSU said there was no undue pressure to add Briana Fields to the MSU team and that the claim raises no issue under Title IX. The complaints dismissed on Friday were that Potera-Haskins' free-speech protection was violated and that she was discriminated against because she was replaced by a man.

Haddon ruled that Potera-Haskins was not entitled to the free-speech protections for statements she made as the university's women's basketball coach because she was speaking as a public employee, not a private citizen. He dismissed the other complaint because, although Potera-Haskins was initially replaced by interim coach Greg Kudrna, the university eventually hired another woman, Tricia Binford, as head coach.

Potera-Haskins coached the Bobcats from 2001 to 2004, winning 54 games overall and Big Sky Conference titles in 2002 and 2003. She was fired in April 2004, with university officials contending that she was not a good fit. Player attrition was cited as the primary factor. Players complained that Potera-Haskins was rude and disorganized, and that she belittled players.

Potera-Haskins initially filed a grievance with the Montana Human Rights Bureau, claiming sex discrimination and retaliation. Bureau investigators could not find sufficient evidence to support her claims, so she filed the lawsuit in federal court.

University officials named in the lawsuit are Gamble, Fields, vice president for student affairs Allen Yarnell and associate athletics director Dan Davies.

[GrizinWashington]

Well, portions of her complaint were dismissed, but that ruling won't have any bearing on the complaint remaining that is being argued in court this week.

[Hawks86]

Just a little background info.

[oldcatfan]

Hawks86's info may not have any bearing on this verdict but it is extremely important---she has been trying to get something going against MSU for a long time. This isn't her first rodeo in court. She's had several jobs since she left here and can't seem to succeed anywhere, and I don't think it's because she suffered any harm here. She was given a team on a platter when she got here. She only got the job here because McCarthy screwed up and got the axe and they couldn't pull the trigger on another search. Also, remember that the former players haven't testified yet. Wait and see what they have to say. I am more interested to hear their take than hers. She's a perfect example of a self-absorbed disgruntled former employee who can't move on with her life.

The only point in the whole commentary the Chronicle covered that is relevant to the suit seems to be that MSU failed to pay guarantees for games for women like they did for men. There is no gender equity issue in talking about how the AD bullied her. She has an axe to grind.

[GrizinWashington]

Don't misunderstand: I'm not saying her claims have validity. I'm simply pointing out that having an "exceptional" rating on a review certainly adds credence to the fact that she was terminated for issues other than her job performance. I don't know enough about her history at MSU to say one way or the other if her action has merit.

[mslacat]

I have a question for anyone. Back when Potera was coaching, all Montana State coaches were under a single year contracts. Potera finished out the season and was fired/let go after if I remember right. Someone explained it to me that legally it really was looked at less like a firing than a state employee simply did not get their contract renewed. Potera had no tenure, and as I understand most of the professors and coaches contracts back then were written so that the University was under any obligation what so ever to renew any non-tenure employee. It was totally up to their discretion. I think you can sue for sexual harassment, or discrimination, but I always thought they could fire/not renew her contract even if she was the greatest coach in the world. I am I wrong about this.

[bozbobcat]

I believe you are correct, mslacat. The coaches were on a one-year contract, and MSU wouldn't have to provide cause not to renew a contract. I know non-tenured teacher contracts are that way in this state. I have the policy listed here for professors; I'd imagine basketball coaches are on the same type of system.

http://www2.montana.edu/policy/faculty_ ... tml#310.00

Her arguments don't hold up, in my opinion. Despite excellent reviews for the first two seasons, it is clear that winning erases everything in this situation. Back-to-back regular season Big Sky championships will keep any coach employed. That would be a reason to retain her, but a renewal without cause doesn't require a reason for dismissal. This is where MSU would be safe in the lawsuit.

I'm not sure how many of her discrimination claims would be held up. She was always angry that Mick Durham made more money than she did; Durham had been around years longer than she had, which would probably account for most of that difference. Women's basketball receives more scholarships than the men's team, if I remember correctly. And what claim does she have about facilities? The men and women play in the same building, with the same setup. During her time, the women's uniforms were upgraded to the quality of the men's uniforms, and the "Lady" part was dropped from the team's name: instead of Lady Cats, they are now simply Bobcats. That seems like a more equal gender situation to me.

I don't really understand the guarantee clause of her suit. Visiting women's teams would probably get less than men's teams for coming to Bozeman, and I'd have to guess that it's due to the revenue generated by the respective event. Women's basketball is a little different in scheduling than men's basketball. In the men's game, it would be next to impossible to get a team here without some guarantee. Quite often, women's teams play on a home-and-home basis. One of the good things about Potera's tenure was the quality of opponents. MSU had home-and-home agreements with teams like Oklahoma, Baylor, and Washington. At one point, Tennessee had a home-and-home with the Grizzlies. Women's scheduling is really quite interesting in that manner.

The place where Potera-Haskins has a point is in dealing with Peter Fields. First off, Dan Davies did the evaluations, but I'd imagine that they went through Fields' desk. It seemed like Fields did push his daughter onto the team, but I don't think it really hurt the character of the team. She was a decent role player, a good student, and a good person, if I remember correctly. I don't think this point alone is strong enough for RPH to win the lawsuit. However, this is an indictment on the leadership of Peter Fields. If he is that much of a micro-manager, that is a real problem within the MSU athletic department and his leadership.

I can understand Potera-Haskins being angry at MSU for how she felt she was treated. I went through a similar situation teaching in Belgrade. I had a micro-managing principal who did everything in his power to undermine what I did in the classroom, especially with student discipline. I know I wasn't the best at it, but it's no reason to kick someone to the curb. That's why I returned to MSU for a master's degree, and I am more than willing to continue for another four years of school to get a Ph.D. and teach at the college level, hopefully as some kind of professor of Montana, western US, or American history. I would have loved to sue that principal for every penny he was worth. I'm just not sure I had the legal grounds to do it. I really don't want to bore you with the personal details of my life, but I can understand where she is coming from. In a rational, semi-objective manner, I don't think she'll win. In a totally biased manner, I hope she gets nothing from MSU.

I know that was a lot to write about a subject that has been well discussed, but I think it informs this topic quite well. Have a wonderful day, and GO CATS!

[wbtfg]

here's an excerpt from today's article on the Potera trial

Judge Haddon has denied Potera-Haskins' claim of monetary damages because MSU paid her full contract after her dismissal. The only thing left is her possible reinstatement, but that will likely be addressed during future hearings if the judge rules in her favor, her attorney David Colapinto said after Thursday's hearing.

Could you imagine if she was reinstated? That would be an awkward discussion with Trish Binford. Good thing for all of us the odds of Potera being reinstated is hovering right around Cold Day In Hell

[SonomaCat]

Is this case being funded by that women's group that just goes around looking for schools to sue for sexual discrimination?

[bozbobcat]

Here is another article about this situation in today's Chronicle.

Bozeman Daily Chronicle

By JODI HAUSEN, Chronicle Staff Writer | 0 comments

BUTTE -- Several former women's basketball players Friday described their coach while at Montana State as deceitful, callous, inconsistent and disrespectful.

"I was constantly being put down and belittled," Kati Burrows testified in U.S. District Court about her former coach Robin Potera-Haskins, who has sued the university for discrimination. "I was constantly called fat, overweight, slow.

"It was hell," the Bozeman native added as she wiped away tears. "I couldn't talk with her. She didn't know me. All she knew is that I was fat and slow."

Potera-Haskins coached MSU women's basketball from 2001 to 2004 but was fired that year amid a slew of complaints made by her players. In her lawsuit filed in U.S. District Court, Potera-Haskins contends that MSU fired her in retaliation for her complaints about sexual discrimination after MSU limited the hours the women's team could practice. She also asserts the women's basketball team was being managed by athletic director Peter Fields when the men's teams were not.

The former Bobcat coach testified earlier this week that she was forced to give Field's daughter a basketball scholarship.

But Fields, who came to MSU a year after Potera-Haskins, testified Friday that restrictions were set after players complained the coach was running them too hard early in the 2003 season.

"We weren't having the issues (with men's teams) we were having with women's basketball," Fields testified.

To the charge that he wanted preferential treatment for his daughter, Fields testified he "never said ‘give my daughter a scholarship.'"

He admitted he did allude to "one or two athletes leaving" the year his daughter was transferring to MSU from Division II Drury University -- a conversation Potera-Haskins characterized in a letter to Vice President for Student Affairs Allen Yarnell as "heavy-handed."

However, Burrows testified that the coach told other players that Briana Fields would be good for the team because "if we want something, she can run to daddy and get it for us."

Fields recused himself from supervising women's basketball in November 2003.

Despite an injury and her ineligibility to play under NCAA rules, Briana Fields testified that Potera-Haskins had initially welcomed her onto the team in the middle of the 2002-2003 season.

But after she received the athletic scholarship her second year, Fields felt the coach began picking on her.

In cross-examination, Potera-Haskins' attorneys suggested Fields didn't really deserve the scholarship.

"So you were an injured, ineligible player who had quit a Division II team to join a Division I team?" attorney Adam Duerk asked. "And you got a scholarship?"

"Yes," Briana Fields replied.

Jinn Jeresek, who played for MSU from 1998 to 2003, testified Friday that the coach coerced her into delaying an internship with Sen. Max Baucus to play a fifth year with MSU.

Jeresek had plans to go to law school, and Potera-Haskins told her she could help her get a $25,000 law-school scholarship designated specifically for female basketball players. She asked if Jeresek could average 10 points per game, insinuating that was a requirement for the award.

However, shortly after the 2002 season got underway, Potera-Haskins directed Jeresek to play hard defense but to cease shooting, Jeresek said.

"It seemed inconsistent," testified Jeresek, who is now an attorney.

She later learned the promised scholarship never existed.

"That's when it was really hard because we found out we'd been lied to," she said. "Not just you but your parents. I was terribly hurt."

An athletic committee was asked on two occasions during Potera-Haskins' tenure to study the state of the women's basketball team.

Former MSU math professor Linda Simonsen was a member of that committee who interviewed players about their experience playing for Potera-Haskins. Players told her practices were disorganized and rife with humiliating accusations with no positive feedback from the coach, she testified.

One player told Simonsen "she'd rather sit on the bench than make mistakes" and several suggested the school find a new coach, she said.

"They weren't having any fun doing something that had brought them joy for most of their lives," Simonsen said.

Simonsen and administrators all said their opinion that Potera-Haskins needed to be fired was not driven by her complaints.

"My conclusion was based solely on student welfare," Simonsen said. "It had no bearing on the other issue."

The bench trial is expected to continue for a final day next Friday.

Jodi Hausen can be reached at jhausen@dailychronicle.com or 582-2630. Read her blog at jhausen.wordpress.com or follow her on Twitter @bozemancrime.

I didn't have the following idea on my longer post, but I think that player treatment plays a huge role in this suit. It is amazing what she said and did to some of her former players. Kati Burrows is just one example. She was an excellent player, and I would believe what she said. Jinn Jeresek has a major case of her own. Potera-Haskins' actions were horrible. Despite Peter Fields' influences, this would be grounds for firing alone. I think that based on these testimonies, she should not be coaching.

[bpcats]

If I remember correctly she also had problems at her next stop which I think was Lousiana Tech, but I am not sure. MSU was not the only institution that had problems with her.

On the other side I think that Gino Aeriemma coaches the same way to an extent but knows how to balance the criticism with praise during tournament time.

[Helcat72]

From a strict basketball standpoint....she did pretty well with the talent that McCarthy left there...but when that talent was gone...she dipped significantly. she wouldn't recruit Montana and avoided pursuing a relationship with any Montana highschool coaches. She is the reason Katie Edwards played at the UM. I was told that Katie was waiting for Potera to approach her but she never did...and she signed with UM. I urged her to approach Amy Brooks from Helena. She called Amy but never really pursued her....she told me that she was really interested in having Amy play at MSU...but made a half hearted effort at recruiting her.

[MSU01]

here's an excerpt from today's article on the Potera trial

Judge Haddon has denied Potera-Haskins' claim of monetary damages because MSU paid her full contract after her dismissal. The only thing left is her possible reinstatement, but that will likely be addressed during future hearings if the judge rules in her favor, her attorney David Colapinto said after Thursday's hearing.

Could you imagine if she was reinstated? That would be an awkward discussion with Trish Binford. Good thing for all of us the odds of Potera being reinstated is hovering right around Cold Day In Hell

It would be an awkward discussion with Trish Binford, as well as an awkward discussion with the people at Linfield College!

http://www.linfield.edu/sports/teampage.php?sport=wbkb" onclick="window.open(this.href);return false;