Lorri Sulpizio, Cathy Bass v. San Diego Mesa College, San Diego Community College District, Dave Evans, individually and Does 1 through 25
Published: Feb. 13, 2010 | Result Date: Dec. 4, 2009 | Filing Date: Jan. 1, 1900 |Case number: 37-2008-00088329-CU-CR-CTL Verdict – $28,000
Court
San Diego Superior
Attorneys
Plaintiff
Amy Todd-Gher
(Littler Mendelson PC)
Mattheus E. Stephens
(Littler Mendelson P.C.)
Darci E. Burrell
(Burrell Kagin Law LLP)
Shannon Minter
(National Center for Lesbian Rights)
Defendant
Facts
In March 2006, plaintiff Lorri Sulpizio, then head coach of women's basketball at San Diego Mesa College (Mesa), began complaining to defendant Dave Evans, Mesa's Athletic Director, about inequitable athletic facilities for women at the school. Sulpizio continued to question Mesa's practices and policies that disadvantaged female student-athletes and female faculty throughout the 2006-2007 season. In 2007, Sulpizio filed a complaint alleging gender inequity, leading to an investigation by the federal Office of Civil Rights.
According to plaintiff's counsel: Sulpizio and plaintiff Cathy Bass, Sulpizio's domestic partner and the team's Director of Basketball Operations, were discharged by Mesa at the end of the 2007 academic year. In June 2007, Sulpizio was offered her job back with a performance plan. Sulpizio rejected the offer for a number of reasons including that the performance plan was unwarranted.
According to defense counsel: Sulpizio was not terminated nor was a performance plan put in place.
Sulpizio and Bass sued Mesa and the San Diego Community College District (District) in July 2008, alleging employment discrimination and retaliation. Bass settled her suit prior to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Sulpizio contended that her termination was in retaliation for her complaints of gender discrimination and violations of Title IX.
Settlement Discussions
On October 8, 2009, a few weeks prior to trial, Mesa made a statutory offer of $35,000, inclusive of all attorney fees and costs accrued to date.
Result
The jury awarded Sulpizio $28,000, equivalent to one year's salary, finding that the District's adverse employment actions were based on retaliation for Sulpizio's Title IX and gender inequity complaints. However, the jury did not find that she was discriminated against on the basis of her gender or sexual orientation. The jury did not award non-economic damages. The defense intends to file a motion notwithstanding the verdict.
Other Information
FILING DATE: July 24, 2008.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390