Videckis v. Pepperdine University

Title IX Violation

Central District

U.S. District Judge Dean D. Pregerson

Defense Lawyers: Paula T. Victor, Peter B. Rustin, David R. Hunt, Eric A. Schneider, Anderson, McPharlin & Conners LLP; David R. Sugden, Call and Jensen PC

Plaintiff’s Lawyers: Jayesh Patel, Jeremy J. Gray (former), Agnes M. Sullivan, Jeffrey J. Zuber, Meredith A. Smith, Robert W. Dickerson Jr., Zuber Lawler & Del Duca LLP

When Paula Victor agreed to defend Pepperdine University against an unprecedented sexual orientation Title IX lawsuit, she quickly realized she was actually fighting two legal battles.

The first was the case laid out in court papers by Haley Videckis and Layana White, two former basketball players who sued the school in 2014 for allegedly discriminating against them after discovering they were in a same-sex relationship.

But Victor also had to combat a second accusation threaded through the complaint that characterized Pepperdine as deeply prejudiced against the LGBT community. Videckis et al v. Pepperdine University, 15-CV00298 (C.D. Cal., filed Jan 14, 2015).

This underlying claim about the culture of Pepperdine struck an emotional chord for Victor, who has had a long and positive relationship with the university.

“There was so much effort made over the years to be more inclusive, and it was a work in progress and they’re the first to admit that,” Victor said. “But the notion that they actually had these attitudes that were discriminatory was the furthest thing from the truth.”

This was a key motive behind Pepperdine’s decision to take the case to trial instead of settling. Victor and a team from her firm Anderson, McPharlin & Conners LLP spent a year preparing for the three-week trial by poring through thousands of pages of documentary evidence.

The lowest moments for Pepperdine occurred early in the trial, when Videckis and White testified at length about their alleged mistreatment by the university.

Victor said that changed later when the school was able to introduce a long line of witnesses to testify about Pepperdine’s inclusive culture. Victor said some of the strongest witnesses were members of the coaching staff and current and former players, including several who identified as gay.

“One of them was brought to tears at the notion this was going on,” Victor said. “Because if it was, she never would have put up with it.”

Victor also said head basketball coach Ryan Weisenberg’s testimony undermined the plaintiffs’ allegation that he was a bigoted bogeyman.

“When you have the person who was allegedly the one who did these horrible things on the stand, I think it just didn’t ring true,” Victor said.

She noted that after Pepperdine received a complete defense verdict in August, the plaintiffs unsuccessfully appealed their case to the 9th U.S. Circuit Court of Appeals. Victor said the win was bittersweet because the drawn-out litigation affected Weisenberg, who has struggled to find coaching work since leaving Pepperdine.

— Eli Wolfe