Willingham sues UNC

[diablesseblu]

http://www.wralsportsfan.com/former-unc-adviser-files-suit-against-school/13778666/

This will be fascinating....especially the discovery phase. Given her wish to be reinstated, this will test UNC's stated goal of "reform."

[CameronBornAndBred]

http://www.wralsportsfan.com/former-unc-adviser-files-suit-against-school/13778666/

This will be fascinating....especially the discovery phase. Given her wish to be reinstated, this will test UNC's stated goal of "reform."
Whew...makes me less worried about the potential loss of Nyang'oro's trial.

[Henderson]

I apologize if this is old news to others, but I didn't know it.

I went to read that WRAL article about the Willingham suit and saw a link to a story from May 13 reporting that the US Dept. of Education's Office of Civil Rights has opened an investigation into possible violations of federal civil rights law by UNC in putting student-athletes into fraudulent courses.

http://www.wralsportsfan.com/feds-looking-at-whether-unc-athletes-are-treated-unfairly/13642289/

Within that story, there is a link to part of the complaint filed by an outside group with the OCR, triggering the OCR to open an investigation. The allegation is that black student-athletes were put into fraudulent classes at a much higher rate than white student-athletes in violation of the Civil Rights Act of 1964. And if you look at the list of potential witnesses, Michael McAdoo is there.

http://www.wralsportsfan.com/asset/colleges/unc/2014/04/07/13547844/201404071525.pdf

[ricks68]

I apologize if this is old news to others, but I didn't know it.

I went to read that WRAL article about the Willingham suit and saw a link to a story from May 13 reporting that the US Dept. of Education's Office of Civil Rights has opened an investigation into possible violations of federal civil rights law by UNC in putting student-athletes into fraudulent courses.

http://www.wralsportsfan.com/feds-looking-at-whether-unc-athletes-are-treated-unfairly/13642289/

Within that story, there is a link to part of the complaint filed by an outside group with the OCR, triggering the OCR to open an investigation. The allegation is that black student-athletes were put into fraudulent classes at a much higher rate than white student-athletes in violation of the Civil Rights Act of 1964. And if you look at the list of potential witnesses, Michael McAdoo is there.

http://www.wralsportsfan.com/asset/colleges/unc/2014/04/07/13547844/201404071525.pdf

Methinks that they are really in the doo-doo area now. The hits just keep on acomin' now, don't they.:D

ricks

[oldnavy]

Good for her, she should sue them. UNC botched the whole episode with Willingham... I hope their arrogance bites them in the butt.

[moonpie23]

yes yes yes…!!! discovery!!!!!!!!!!!!! under oath!!!!!!!

[arnie]

Methinks that they are really in the doo-doo area now. The hits just keep on acomin' now, don't they.:D

ricks

But can't they just call in Jim Martin to "fix" this, like they did before?

[JasonEvans]

Yup, the deposition phase should be fun! It is one thing to lie to the media or to NCAA investigators, but quite another to do so under oath with lawyers listening. I suspect that player who took a no-show class (and was instructed to do so by academic advisers in the athletic department) will spill the beans in a heartbeat when faced with the possibility of a perjury charge.

But, lets not kid ourselves, UNC is well aware of this. I suspect they will settle this sucker as fast as they can. For a million bucks, they probably think she will go away quietly...

...Unless she is a true believer and is more interested in "the truth getting out" than in money. I am not certain where Willingham falls, but she just might be the kind of person who cares more about "doing the right thing" than collecting her "be quiet" money.

-Jason "it is possible that she thinks her reputation has been damaged to the point where she has to have a big public WIN versus taking some money and disappearing" Evans

[Henderson]

http://www.wralsportsfan.com/former-unc-adviser-files-suit-against-school/13778666/

This will be fascinating....especially the discovery phase. Given her wish to be reinstated, this will test UNC's stated goal of "reform."

Does anyone have a link to her complaint? I'm assuming she's suing for wrongful discharge on a whistleblower theory.

I don't know North Carolina law, but typically the "discharge" element can be proved by showing that the employer made it so uncomfortable to the employee that any reasonable employee would resign. That box seems to be easily checked.

Then it comes down to NC law regarding the protection of public employee whistleblowers. Most states deem it "wrongful" to discharge an employee for complaining in good faith about matters of public policy. Anyone know what the standards are for that in NC?

[CameronBornAndBred]

...Unless she is a true believer and is more interested in "the truth getting out" than in money. I am not certain where Willingham falls, but she just might be the kind of person who cares more about "doing the right thing" than collecting her "be quiet" money.


Her words are at least promising.

"(I was) waiting for the university to do the right thing, and they still haven’t done the right thing,” Willingham said of UNC leaders.


"The NCAA will need some serious help from our historians at UNC (so many years have passed)," Willingham said in a statement. "The NCAA cartel has lost credibility as a regulatory body. Meting out punishment should not be the purpose of any inquiry at this point. Instead, they should focus on how to use the UNC example to reform the entire system."

[CameronBornAndBred]

Does anyone have a link to her complaint? I'm assuming she's suing for wrongful discharge on a whistleblower theory.
http://www.wralsportsfan.com/asset/colleges/unc/2014/07/01/13779236/79901-201407011033.pdf

[Henderson]

http://www.wralsportsfan.com/asset/colleges/unc/2014/07/01/13779236/79901-201407011033.pdf

Thanks! There's a federal claim and a state whistleblower claim. Interesting that she filed in state court.* I wonder what the strategy there was and if UNC will remove to federal court. Federal court permits interrogatories in discovery, but it looks like Rule 33 of the NC Rules of Civil Procedure do too (not all states do). Discovery should indeed be fun. I wonder if there will be motions to seal the discovery. Maybe just enough for FERPA compliance?

*Maybe not an option under the 11th Amendment to file in federal court, given that she's seeking money damages too. Will v. Michigan State Police and all that.

[BD80]

http://www.wralsportsfan.com/asset/colleges/unc/2014/07/01/13779236/79901-201407011033.pdf

Her lawyers regurgitate as allegations of fact the N&O reporting and the insufficiency of the Martin investigation.

Key allegation, #57 - "Plaintiff reported in good faith to UNC-CH's counsel about her personal knowledge of various times when UNC-CH's athletes would receive improper unethical, illegal and/or corrupt treatment from UNC-CH faculty and/or staff"

Some poor schmuck is going to have to ask: "What incidents did you report?"

[miramar]

"We must take the opportunity to get things right," she said.

Read more at http://www.wralsportsfan.com/former-unc-adviser-files-suit-against-school/13778666/#Okl0fo9pcxQ6S7iS.99


No, no, no, everything is absolutely fine. Just ask Roy.

[BD80]

http://www.wralsportsfan.com/asset/colleges/unc/2014/07/01/13779236/79901-201407011033.pdf

Another fun allegation:

#78 - "Defendants spent approximately $500,000.00 over a 24 months period to wage a public relations campaign against Plaintiff and against the truth of what Plaintiff had asserted as it pertained to the improper, unethical illegal and even corrupt treatment and services that UNC-CH faculty and/or staff had been providing to UNC-CH student athletes."

Is that just lawyer-speak for "cover-up?"

You betcha. Discovery gonna be fun.

[OldPhiKap]

Hell hath no fury like a whistle-blower scorned.

I have been involved in a few cases like this. Not fun.

Discovery will be interesting, but if it settles before summary judgment we may never see any of it.

[moonpie23]

If someone was going to scratch her a check to keep her mouth shut, wouldn't that have already been proposed?

I'm guessing she wants to go scorched earth on the whole thing

[Newton_14]

Hell hath no fury like a whistle-blower scorned.

I have been involved in a few cases like this. Not fun.

Discovery will be interesting, but if it settles before summary judgment we may never see any of it.

I may be wrong and naive, but I fully believe this woman wants justice and not money. I dont believe she can be bought. She will surely have to face that temptation from the Chapel Hill Mafia though.

[Indoor66]

If someone was going to scratch her a check to keep her mouth shut, wouldn't that have already been proposed?

I'm guessing she wants to go scorched earth on the whole thing

Is it possible that she has enough integrity to follow through with the allegations and not run with the money? In this instance, it seems she may be angry enough to forgo the money and follow through with the suit. If so, it will get REAL dicey for many present and former residents of the Dump on the Hump!

[CameronBlue]

I may be wrong and naive, but I fully believe this woman wants justice and not money. I dont believe she can be bought. She will surely have to face that temptation from the Chapel Hill Mafia though.

I don't think it's duplicitous to go after both. The woman has received threats. She has a lot at stake pain and suffering wise, particularly if she continues to live in this state. There's a fair measure of chronic belly-aching 'round these parts from folks merely heckled on game days for wearing the wrong shade of blue (stated empathetically my children). Just think how nasty it could become for her if titles are vacated. Successfully prosecuting UNC may serve as a deterrent to those who truly wish her harm. Nothing says don't $crew around with me like a hefty court judgment.

[hudlow]

The revenues from the book (and hopefully a movie) should tide her over.

hud

[CameronBlue]

The revenues from the book (and hopefully a movie) should tide her over.

hud

Brilliant, let's cast that sucker now.

Roy: The re-animated corpse of Andy Griffith (tone it down Andy)
Mary Willingham: Mare Winningham, Brat Pack ex-pat, wholesome, tender, the endearing visage of unrequited love
The NCAA: The Keystone Cops
and in a special cameo Jay Bilas as The Good Alien.

[Henderson]

But, lets not kid ourselves, UNC is well aware of this. I suspect they will settle this sucker as fast as they can. For a million bucks, they probably think she will go away quietly...


She doesn't have to settle just because UNC wants to.

[BD80]

... special cameo Jay Bilas as The Good Alien.

Poor Jay, he'll forever be typecast as the good alien. Guess he knows how Dustin Diamond feels.

[JasonEvans]

Poor Jay, he'll forever be typecast as the good alien. Guess he knows how Dustin Diamond feels.

Just making sure, you know this was a reference to lousy Dolph Lundgren 1980's movie, "I Come In Peace," in which Jay had a small role as the "good alien," Azeck.

http://media.247sports.com/Uploads/Boards/625/20625/78614.jpghttp://espnmediazone.espn.netdna-cdn.com/us/files/2009/10/Bilas_Jay_bio.jpg?715743

-Jason "the acting career never worked out, so Jay went to law school instead" Evans

[BD80]

Just making sure, you know this was a reference to lousy Dolph Lundgren 1980's movie, "I Come In Peace," in which Jay had a small role as the "good alien," Azeck.

http://media.247sports.com/Uploads/Boards/625/20625/78614.jpghttp://espnmediazone.espn.netdna-cdn.com/us/files/2009/10/Bilas_Jay_bio.jpg?715743

-Jason "the acting career never worked out, so Jay went to law school instead" Evans

So much for subtle innuendo .... and no that isn't me talking dirty in Italian!

FWIW I thought Jay really "stood out" in that movie. And, while we're picking nits, did you mean that Dolph Lundgren was lousy, or that the movie was lousy. Condidering that Jay was by far the best actor in the movie, either is very true!