Arthur Robinson v. Porterville College, George Nessman, David Bezayiff
Published: Oct. 15, 2005 | Result Date: Jul. 28, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03205916 Verdict – $650,000
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Andrew B. Jones
(Wagner, Jones, Kopfman & Artenian LLP)
Defendant
Gregory L. Myers
(Law Offices of Gregory L. Myers)
Experts
Plaintiff
Ted Vavoulis
(technical)
Facts
Plaintiff Arthur Robinson, a 42-year-old African-American man, was the assistant men's basketball coach at Porterville College during the 1998-1999 school year. In the 1999-2000 school year, he was made head coach of the women's basketball team. At the start of the next year, the school's athletic director (who also served as the men's basketball coach), George Nessman, and its vice-president of student services, David Bezayiff, reassigned the plaintiff to the campus fitness center even though the women's team had a winning record at the time. His duties at the center consisted mainly of checking in students using the weight-training room. Nessman filled in as the women's coach for the remainder of the season and in the spring of 2001, the school began searching for a permanent replacement for the plaintiff. Attempting to get his old job back, the plaintiff submitted an application. At least one other applicant was African-American. Neither that applicant or the plaintiff were given interviews. The school hired David Cavern, the Caucasian coach of a local high school girls' team. The plaintiff sued Porterville College, Nessman, and Bezayiff under the Fair Employment and Housing Act. He alleged they discriminated against him on the basis of race by demoting him and replacing him with a white coach who had less experience than he had.
Damages
The plaintiff claimed that due to his race he was demoted from his coaching position and refused employment when he reapplied. He alleged damages for past and future lost earnings of $500,000 (the difference in salary between his new job as a high school coach and the salary he would have received had he been tenured at Porterville College). He argued he would have sought tenure at the end of the season in which he was demoted, and it would have been appropriately granted in light of his success as a coach. The plaintiff also sought an unspecified amount for emotional distress. He stated that he put himself through school and coached at the secondary level for 10 years in order to achieve his dream of being a college coach. He claimed the school and its staff dashed his dream.
Result
The jury found in favor of the plaintiff and awarded him $650,000.
Deliberation
1.5 days
Poll
12-0
Length
13 days
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