Facts

David Ohton had been an athletics employee at San Diego State University (SDSU) since 1986. In 2002, he was promoted to Head Coach, Director of Strength and Conditioning for all sports.

Ohton sued the university twice under the state's Whistleblower Protection Act.

PLAINTIFF'S CONTENTIONS:
Ohton contended that he was removed as the football team's strength coach and his hours were slashed after he cooperated with a 2003 California State University (CSU) audit that found mismanagement in the SDSU athletic department. He wrote an anonymous 103-page document to assist the audit, and intended for the document to remain anonymous. It detailed the management and accounting problems in the athletics equipment room. Although CSU legal and the Auditor promised him complete confidentiality, his name was revealed to Vice President Sally Roush, thereby prompting the alleged retaliation against him. CSU Auditor, Michael Redmond, admitted to revealing his identity to Sally Roush.

Ohton claimed that he suffered unlawful retaliation for cooperating in the audit. The audit resulted in the ouster of then-Athletic Director Rick Bay and other key athletic department employees. Ohton further complained of being ostracized by the football coaching staff after alleging former head coach Tom Craft's excessive drinking and that lead officials at both CSU and SDSU participated in a cover-up including altering documents, which proved his allegations were made in good faith.

Result

The case was dismissed by two separate trial departments and reversed on appeal each time. California State University, which oversees SDSU, agreed to pay Ohton $2.7 million to Ohton as part of a settlement to end Ohton's whistleblower protection lawsuits against the university; Ohton also resigned his employment at the University as part of the settlement. The defendants reported the San Diego Union, in response to a Public Records Act request, that their defense costs exceeded $1.87million.