INTHE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA JAMIE ANN NAUGHRICHT, Plaintiff, vs. Case No. MANNING, ARCHIE MANNING, JOHN WARREN UNDERWOOD, PEYDIRT. INC. and HARPERCOIJJNS PUBLISHERS, INC. Defendants. FACTS OF THE CASE FILED IN OPPOSITION TO MOTION FOR SUMMARY MAY, 2200! VULGAR MOUTH I On May 16, 2001. Dr. Jamie Naughright (formerly Dr. Jamie Whited'), returned to her of?ce at Florida Southern College in Lakoland. Florida. Dr. Naughright. an Assistant Professor of Athletic Training and Director of the Athletic Training Educational Program at Florida Soutlrem Col loge, had 'Naughn'ghl 1'3 hor maiden namo. Whitod was her man?ied name and {he mama she, used during the nine years she was married. [Tab 22 Naughn?ghr Depo.Vol. I at pgs. 3? I 6] Except En cases where a document, af?davit, or transcript is being quoted, she will be referred to in this pleading as Dr. Nauglwight. Page 1 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 just retumed From a trip to South A fri ca with several of her Florida Southern College students. The purpose of the trip was to allow those students to learn Emergency Medical Treatment and ?rst aid skills in an African oeuntry. [Tab 2 - Benn Depo at pg. '1 61] As Dr. Naughlight and her mother, who volunteered from time to time at Florida Southern College [Tab 2 Benn Depo at approached the door to Dr. Naughright?s of?ce, Dr. Naughrigllt noticed that an envelope, addressed to ?Dr. Vulgar Mouth Whited" [Exhibit 1003], had been placed in a receptacle on her door [Tab 24 - Naughright Depo. Vol ill at pg. 76] The envelope- contained what appeared to her to be excerpts from some type of publication. As Dr. Naughright would learn later that same day, the excerpts in the envelope were from a book titled Manning, written hy Peyton Manning, Archie- Manning, and John Underwood [Exhibits 91493]. These- excenats had been mailed to her office at Florida Southern College and had been opened and read by her supervisor, Kathleen I Benn [Tab 2 Benn Depo at 24] Prior to May 01?2001, Dr. Naughright had been a highly respected professor and program director at Florida Southern College [Exhibits 329-330, 404] As just one of her many excellent evaluations read: Dr. .lamie Naughright?Whited: Dr. Whited continues to be a. hard working leader of the Athletic Training Program. Her attention to details and effecrive writing skills contributed to our recent acceptance ofthe self-study and our April NATA site visit. lier work ethic makes her an excellent role model for the athletic training students. The activity report shows her commitment to Florida Southern College, her profession and the Physical Education 2Deposition citations are to the two volume set oi" depositions provided to Judge Komstein and which are condensed copies of those tiled with the Clerk. binder containing Exhibits cited by Plainti??has also been fm'nished to Judge Kornstein. Page 2 of 74 Filed Polk County Clerk of Court 2003?10?1 5 16:23 Department. Her student evaluations and her advising are excellent. Jamie will continue to represent the college nationally by bein active on several NATA committees. She also continues to be very active in the FSC recruiting process as a tireless worker at all Day 011' Campus events, I know if I need anything done Jamie will not only do what I ask but will go above and beyond my request to enhance the Physical Education programs. I strongly recommend Dr. Jamie Whited for a exemplary salary increase. [Exhibit 404 - Memo dated 02/13/01 from Kathleen M. Benn] This evaluation, recommending Dr. Naughright for the highest salary increase in the Florida Southern College promotion system, exemplary, was written only weeks before the receipt ot?the ?Dr. Vulgar Mouth Whited" communication in May [Tab 7 - Conner Depo Vol. II at 235]. The evaluation ro?ceted the fact that in just a little over two (2) years, Dr. Naughright?s total annual compensation at Florida Southern had increased almost twenty thousand dollars to $63,022.85 [Exhibits 67 78; Tab 23 - Naughright Depo. Vol. II at pgs. 222-232] By the end ot?thal same year, only one semester hence, Dr, Naughright would go from being described in evaluations with words or phrases such as ?hard working", ?work ethic is beyond reproach?, ?outstanding?, ?excellent?, ?excellent leader?, ?tireloss?_?, ?above and beyond?, ?teaching is strong?, ?dedicated adviser to students?, ?conscientious adviser", ?student excellent?, been superior?, ?asset to our campus?, and ?exemplary? [Exhibits 329-330, 404 449-450] to ?difficult?, ?demanding?, ?ego-centric", ?combative?, ?defensive?. ?retaliatory?, ?aggressive?, ?ambitious?, ?manipulative?, ?hosti 1e?, ?obsessed?, ?vindictive?, ?complete power trip?, ?controntational?, ?erratic? and ?altered perception ot?reality" [Exhibits 362, 417 (it 420] As noted by one Faculty member, ?[Tlhis is a real change from before.? [Exhibit 417] Another noted ?last April or May? as [Exhibit 420] Page 3 of 74 Filed Polk County Clerk of Court 2003?10-1 5 16:23 Although she did not know it at the time, the receipt ot?the letter addressed to Dr. ulger Mouth Whi ted in May was in fact a ?turning point? for Dr. Naughright and was to ehange her life completely and culminate with lo?da Southern College demoting her and removing her as Program Director. This fall from grace at Floods Southern College in such a short period oi?time can only be logically attributed to one thin g, the book Manning, the effect it would have emotionally on Dr. Nattgh?ght, andthe effect it would have on the stsz, administration, faculty, and students at Florida Southem College. 1986 THE UNIVERSITY OF TENNESSEE The excerpts from the book Manning referred to an earlier period in Dr. Naughright?s life when she was a student and employee 01? the University of Tennessee in Knoxville, Tennessee. Dr. Neughright entered the University of Tennessee as a freshman in I986 [Exhibit She was from a working class family in New Jersey and the first member of her family to attend college. As an incoming freshman at the University of Tennessee, Dr. Naughright was employed as a work?studies student and was assigned initially to the Intramural Recreation Department: [Tab 22 - Neughright Depo. Vol. at pgs. 79?80] Subsequently, she worked with the Lady Vols, the female athletes at the University. In 1989, Dr. Naughright transferred to Men?s Athletics. where she stayed for almost. another ten (10) years, ultimately becoming the ?rst female Associate Trainer in University of Tennessee history [Exhibits 3, 219 8c 22 l] and the Director of Health and lr?lhellness.?I During this time she managed to earn a 8.3. degree in Exercise Physiology with a minor in Coaching, a Masters 4Contrary to assertions at pg. l0 in Defendants" Motion that she awarded herself the Health and Wellness title, University of Tennessee documents, some even signed by those who would now deny her the title, clearly show that she was in feet the Director of Health and Wellness. [Exhibits '123, l20?121?, Tab 27 Rollo Depo. at pg. 157] - Page 4 of 74 Filed Polk County Clerk of Court 2003-10?15 16:23 Degree in Health Education and Promotion and ultimately, a Doctor ofEducation degree. [Exhibit 3] THE LADY VOLS ATHLETICS After transferring from the Lady Vols to Men's Athletics at the University of Tennessee, Dr. Naughright was immediately saddled by her boss, Associate Trainer Mike Rollo, with the name ?Cunt Bumper?, referring to perceived lesbian activity at the Lady Vols or, as more commonly referred to by Mr. Rollo, the ?Lady Lickers." [Tab 22 Naughiight Depo. Vol. 1 at pgs. 144-146; Tab 23 Naughrighl DopeRudolph Dopo. at pgs. 114, 170-171] Exhibit 229, a summary of a University of Tennessee interview with Mike Rollo, refers to this episode: Ms. Whited was called ?Bumper,? or some different version ofthc term, ?from the time she walked in the door in l989.? While the name ?Bumper? may have been attributed to Mr. Rollo, Mr. Karin and the rest of the staff had a. hand in the development of the nickname. (Mt. Rollo does have a tendency to give nicknames to people, though he does not focus on sexual connotations or references.) Mr. Rollo took the lead in abbreviating a longer name ?Cunt Bumper,? which Mr. Rollo did not coin or use since he fell. that it was inappropriate and related to lesbian activity? to ?Bumper,? the latter of which was widely felt by the staffto refer to the fact that Ms. Whited is large-chested. Most of the staff, with the possible exception ofsome student trainers, called Ms. Wh ited ?Bumper? until she complained in 1992. Mr. Rollo was never aware. until she complained in the Fall of 1992, that the nickname ?Bumper? offend ed Ms. Whited.? [Exhibit 22.9 at pgs. 15-16] As testi?ed to by Dr. Naughn?ght on deposition: A. He [Mike Rollo] called me Cunt Bumper because I used to work over at the Lady Vols and he felt that be referenced it to lesbian activity because that?s what lesbians did according to him. They didn?t have penises where they could penetrate. Hejust said they bumped together as in the physical activity. Page 5 of 74 Filed Polk County Clerk of Court 200340-15 16:23 Q. I see. You understood that from a comment that Mr. Rollo was making that he was accusing you of being homosexual; would that be fair? A. Yes. Q. Okay. Did you interpret the comment in any way referring to any speci?c part of your anatomy? A. No. At that time it was quite clear because he was always referencing back to the Lady Vols. And when I went to complain about him calling me the were Cunt Bumper, he said ifyou don't like it here, you can go back across the Street to the Lady Lielcers. So for a significant period ol?time it was only in reference to that as Far as in the Lady Vols. Q. And when do you recall that Mr. Rollo initially made that comment to you? Within the ?rst week of employment there as a student. As a student. That would have been 1989 some time in there? The fall of ?89. esp?? Did you ever hear Mr. Rollo make that comment after that time? A. Yes. Approximately how many times did he make that comment? <0 It went on for approximately two years. The full name of Cunt Bumper he called me that the full name. eb 22 - Neughright Depo. Vol. I at pgs.l44?145] At the time Dr. Neeghright started wcrking, as a student, for the Men's Athletic Department at the University of Temtessee, in 1989, she was approximately twenty (20) years old. Not only did her boss immediately label her with the indecently obscene appellation ?Cunt Bumper", but he Page 6 of 74 Filed Polk County Clerk of Court 2003-10?1 5 16:23 further informed her that she better get used to working around vulgarities because it. was a way of life in Men?s Athletics at Tennessee: One of the concerns when they hired me as being, one of the ?rst women, female, in the athletics department for men. They told the was going to have to develop a tolerance of profanity and vulgar mOuth from not ust the student athletes, but also the coaches and that was part ofthe atmosphere. Anti if i coold not tolerate it, then liteedcd not to work there. Who told you that? I was told that by Mike Rollo. [Tab 22- Naughright Depo. Vol. I atpg. 139) Despite being told by her supervisor that she would be called ?Cunt Bumper" and would be required to listen to constant vulgariti es, Dr. Naughright was determined to persevere and make a difference at the University of Tennessee. As she testi?ed on deposition: Q. Yes. Did you say anything at all in response to Mr. Rollo when he told you that in order to continue working in the job you should be expected to hear a great deal ofprofanities both by the students and fellow workers? My response to that was that thought we could minimize their use of profanity and vulgar language by (leVeloping inolieies and procedures. And also from a standpoint that while the coaches felt that we should not change the natural er nonnal conversation of a student athlete or the motivational use of profanity on the ?eld. as in during football practice, that it was an understanding that there was going to have to be some tolerance of hearin profanity in that work setting. And you accepted that condition to continue to work; is that Page 7 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 correct? A. Yes. [Tab 22 Naughright Depo. Vol. lat pgs. 140-141] 1 Mike Rollo didn?t shorten ?Cunt Bumper" to ?Bumper? out of the goodness orhis heart. He did so atter Dr. Naughright complained and he was ordered to do so by his Superiors. [Exhibit 229; Exhibit 138 attached to Meteall" Affidavit] Alter Mike Rollo and others ceased calling Dr. Naughrigllt ?C?unt Bumper" and shortened the moniker to just ?Bumper?, they developed other explanations for its meaning. At times they would use ?Bumper? in the context of her breasts being large and at other times they would use ?Bumper? to allege that she was promiscuous, as in u1nper~Pmnper," a not so subtle reference to pumping as in fw?ing. And sometimes they would still relate ?Bumper? back to the Lady Vols as a reference to lesbian athletes or coaches. [Tab 23 Naugh?ght Dope. Vol. at pg. 125; Tab 4 Benson Depo. at pgs. 38?41 Tab 5 Click Dope. at pg. 100; Tab 11 - Fulmer Depo. at pg. 157; Af?davit 01' Rodney Riddiek Tab 33 Wyant Dope Vol. II at pgs. 20-21; Exhibit 229 at pg. 15] In fact, ?Bumper?, as a reference to lesbian athletes and coaches in the Lady Vols, outlasted Dr. Naughright at the University ot?Tennossoo- In what may have been the University?s parting shot at Dr. Naughri ght, the University of Tennessee marketed the 1997-1 998 Lady Vols basketball team with the slogan ?Raising Another Bumper Crop!? [Exhibits 97 d; 230; Tab 24 Naughright Dope. Vol. at pgs. 113-114] One wonders how many parents of the female student-athletes at the University of Tennessee are aware of the de?vation of the word ?Bumper? in relation to their daughters. Page 8 of 74 Filed Polk County Clerk of Court 2003?104 5 16:23 PERSEVERANCE Despite the environment in which she was working, Dr. Neughright attempted to make a di tier-once.5 She rewrote policies to prohibit ?feel or vulgar language and horsepley? in the training [Exhibit 168, Tab. 22 - Nonghright Depo. Vol lat pg. 141; Tab 27 - Rollo Depo at pg. 165] She wrote other policies prohibiting ?tool or vulgar language" by the Spirit Team (male cheerleaders) [Exhibit 169; Tab 22 - Neugln?ight Depo. Vol.1 st pg. 141] She constantly counseled students and conducted classes for football players on the use of correct language in describing body parts. [Exhibit 143', Tab 22 - Naughright Depo. Vol. lat pgs. 137-139] She even wrote a memo to University ol? Tennessee conch Doug Brown regarding a student-athlete?s use ol?pro Fanin in the training room [Exhibit 11.9; Tab 22 - 141]. it is therefore quite ironic I that Peyton Manning would, several years hence, falsely lahcl Dr. Naughright with having a. ?vulgar mouth" when it was she that worked the hardest to temper the vulgar environment of Men?s Athletics at the University of 'l?ennessee. But, as we will see, Peyton Manning had his own motives for detaining Dr. Naughright. Because of two separate events, one occurring in November of 1994 and the other in February of 1996, Peyton Manning would need to discredit Dr. Neughright to salvage his own reputation. 5Whetlner Dr. Naughn?ght did or did not is questionable. Even in 1997, when she left, the University of?ce oqunity and Diversity Felt that the word ?Cunt Bumper? was not sexual harassment but was ?misappropriate.? (sic) [Tab 28 Rudolph Depo. at pg. 170] Il?calling a young woman ?Cunt Bumper? for two years is not sexual harassment. and only misappropriato, it would be interesting to know what conduct the University of Tennessee considers to he sexual harassment. Page 9 oi" 74 Filed Polk County/Clerk of Court 2003-10-15 16:23 PEYTON MANNING COMES TO TENNESSEE In the fall of l994, Peyton Manning entered the University of Tennessee as a freshman student? t-tthlotc. MOTIVE 8.: MALJCE in the fall of l994, an incident occurred involving Peyton Manning which will not only explain the genesis for Peyton Manning?s dislike For Dr. but will be relevant to understanding the l996 incident Peyton Manning writes about in the. book Manning. Counsel for Peyton Manning has requested that certain exhibits and doposition testimony relating to this 19.94 incidont be designated as pan?. ot?the ?confidential record" and not be publicly revealed?. [Tab 9 - Dickey Depo. at pg. 77] Therefore, the remainder of this section will be ?lcd undorseuL Start of section ?led under seal: 6Even thongh Manning?s counsel does not have the right to designate Plaintiff's testimony or doouments produced by Plaintiff as part oFat ?confidential record", Plaintiff?s counsel, as a courtesy, will comply with his request for tho present time. Hooncr. by so doing, neither Piaintil?l'nor Plaintiff?s counsel is in any way agreeing that Plaintiff?s testimony or her documents are con Fidential and not subject to public disclosure. Pluinti??and Plaintiff?s counsel reserve the right, ovcn though the exhibits have been ?led under seal, to continue to use those documents with pertinent witnessos in this case. Page 1,0 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 Page .11 of 74 Filed Polk County Clerk of Court 2003?10-15 16:23 Page 12 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 Page 13 of 74 Filed Polk County Clerk of Court 2003?10?15 16:23 END OF SECTION FILED UNDER SEAL FEBRUARY 29. 1996 -THE SECOND MANNING INCIDENT Peyton Manning?s animosity towards Dr. Naughright, born out ot?the 1994 incident, would physically manifest itself on the evening of FebmaryZ?), 1996. While evaluating Peyton Manning in the training room at the University of Tennessee, Peyton Manning intentionally and in order to disrespect Dr. Naughrighi, placed his butt and on her face. [Tab 22 Naughright Dcpo Vol.1atpg. 183]. AS she testi?ed it in her deposition: Q. Let mo be very clear there. It was notjust his behind. his rear end, that was on your face, but his genitalia was on your face? A. That?s correct. It was the. glutous maximus, the rectum, the Page 14 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 testicles. and the area in between the testicles. And all that was on my face when I pushed him up and off. And it was like this and as I pushed him up to get leverage. I took my head out to push him up and off. Q. And what, if' anything, did Mr. Manning withdrawn. Did you say anything or scream or as you felt this on the top of your head? A. I pushed him ol?l~ me and I said, ?You?re an ass." Q. Did you yell or scream or anything like that? A. When he turned around and looked at me with the anger in his eyes that i saw, 1 did not want to gel confrontational with him. I could see that anger and when I looked at Mr. Saxon he was just sh oeked. He had his mouth wide open and he was in shock. In disbelief. Q. What. did Mr. Manning say, if anything, to you alter you told him he was an ass? A. had anger and he smirked and he laughed. [Tab 22 Naughright Dopo. Vol. lat pgs. 186-187] After Mike Rollo became aware of what had occurred between the University?s star athlete and Dr. Naughright, he undertook to it". [Exhibit 229 at pg. 7] The way he ?fixed it? was to help Peyton Manning hatch a story that Manning was ?mooning? another athlete, Malcolm Saxon, and that Dr. Naughright had just happened to accidently see the ?moon.? Rollo?s ?x would be the genesis of'the false story'thal Peyton Manning gave University investigators, the media, and which he would later falsely tell in his book, Manning. As stated by Mr. Rollo on deposition: Q. All right. ls it fair to say that in Fehmary of 996 you would not have thought that Jamie would have been upset by a mere mooning, correct? Page 15 of 74 Filed Polk County Clerk of Court 2003-104 5 16:23 A. That?s what struck me as so bizarre about the whole situation, that she was distraught, she was upset, and it seemed unusual. And I think I?ve described it in here as an incredibly awkward or unusual occurrence. And have no explanations For it. Q. And is it fair to say that at no time ever has Jamie Whited ever refen'e-d to this incident as a mooning? A. No, unfortunately, lthink that tagging is with me. Q. In other words, you were the ?rst person to characterize it as a mooning; is that correct? A. Un Fortunately. Why do you say unfortunately? A. Well. i have been the person who has been prescribed to a number of terms, whether its mooning or bumper9 or different things. And I just have a habit of getting myself into those situations, in terms of being the source of terms. [Tab 27 - Rollo Depo. at pgs. 192-193] Not even Peyton Manning called it a ?mooning? initially. in feet, when first confronted by Mike Rollo 0n the night of the incident, Ma?mning was not forthcoming [Tab 27 -Rollo Depo at pg. 72] and even denied that anything had between him and Dr. Naughn?ght [see Affidavit of Peyton Manning ?led by Defendants; Exhibit 229 at pg. 7] However, once Mike Rollo suggested calling Manning?s assault a ?ii?iooning?l1 Peyton Manning adopted that term with a vengeance. Manning told a local Knoxville Jimmy Hyams, ?l was clowning are und in the training rooin with a good Friend (Malcolm Saxon) and she happened to see it?. [Exhibit 21; emphasis added] He even told Jimmy Hyams that ho ?ludidn?t think Whited would care" because ?it?s not hard to understand why Mr. Rollo would have been embarrassed or defensive about being the root source of the grossly indecent term of ?Coal Bumper.? Page 16 of 74 Filed Polk County Clerk of Court 2003~10-1 5 16:23 could take ajoke.? [Exhibit 184 455] Manning had a lot ot?trouhle keeping his stories straight. Sometimes he would claim it was an accident she saw him ?moon? Malcolm Saxon. [Exhibits 2i 8.: '22; Exhibit A to Underwood Af?davit] On other occasions he would lapse into his can do anything to her because she?s trash" mode. As Jimmy to whom Peyton Manning granted an interview, later described Manning's story: ?Whited was perceived by many as ?one of the guys.? She ours-ed. She told dirty jokes. Shetalked ?gutter? talk. Manningthought it would be extra funny it" he mooned Saxon behind Whited's back.? [Exhibits 184 do 455] A newspaper even reported that Manning had bragged that his brother, Cooper, was ?really proud of me? [Exhibit to Meteslf Af?davit] and Manning even joked shout what he had done, stating ?I?m glad it?s all behind me, no pun intended?? [Exhibit 'l84 at pg. 141]. To Dr. Naughrighl it has never been ajoke. It wasn?t ajoke the night ofFebruary 29, 1996. it wasn?t a joke in May, 2001, when she saw the ?mooning? and ?vulgar mouth? sentiments in the hook Manning which held her up to ridicule as an athletic trainer. it wasn?t ajoke when she saw hersell?portrayed in the book as someone so uncommonly sensitive to file a ?lawsuit? against the University of Tennessee because. in part, she saw Peyton Manning?s bare buttocks in a training room. Peyton Manning's version, as spoon-Fed him by Mike Rollo has always been a fabrication. There was no ?moon? thatnight in Knoxville within the Tim Kenn Training Room, whether shining on Malcolm Saxon or shining on Dr. Naugh?ghl. It was much more. It was exactly what Dr. Naughright called it the night ofFebruary 29, 1996. It was a sexual assault. [Tab 23 - Naughright Dope. Vol. II at pgs. 37; Tab 22 Naughright Depo. Vol. I at pg. 218; Exhibits 10?12] It was Peyton Manning, committing a disgusting set and showing his contempt for someone he did not like: Contrary to the statement in Defendants? Motion For Summary Judgment that Dr. Neughrighl? has, Page 17 of 74 Filed Polk County Clerk of Court 2003?1 0-15 16:23 ?for the very first time?, alleged that Peyton Manning?s conduct was more than a moonng [pg. 24 of Defendants? Motion], Dr. has always consistently stated that Manning?s acts constituted a sexual assault. Within hours after the incident, she reported Manning?s sexual assault. to the Sexual Assault Crisis Center in Knoxville. [Exhibits 10-12] Before Mike Rollo set out to ?fix it", he recognized the seriousness of what he was being told because he wanted Dr. Naughright not to call the ooliec. [Tab 4 Benson Dope. at pg. 55; Tab 22 Naughright Dcpo. Vol. 1 at pgs. 217-219] In Doug Dickey?s statement to the University, he quotes Dr. Naughright as saying to him, you know that on February 29, I was sexually assaulted by Peyton Manning?? [Exhibit 107] In a May 28, 1996 memo from Dr. Naughright to the President of the University, she refers to her complaint about the ?sexual assault" and refers to Manning?s act as a ?crime.? [Exhibit 30] As stated by Dr. Naughright in that memo: This entire matter might prompt any reasonable person to question whether the ?punishment fits the crime." In order to do so, one would have to de?ne what the crime was. In this case, there were several crimes. The first crime was the behavior which took place in the training room on February 29, 1996. [Exhibit 30] Unfortunately, the University of Tennessee didn?t want their star player embroiled in a sexual assault scandal. At one point, they even asked Dr. Naughtight to blame her leave of absence after the Manning incident on another player: A. They were asking me to say that, in fact, it was a certain athlete, which they gave me a name, and asked me to change and alter my story to say that this athlete exposed himselt?and that is the reason why i took medical leave. Q. l?In sorry. Are you telling me that Mr. Wyant and Mr. Rollo asked you to lie and say that, in fact, the incident on February 29'? occurred with someone other than Mr; Manning? Page 18 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 MR. PUTERBAUGH: That is a mischaraetenzstion ot?what she said. I object to the form of the question. MR. METCALF: That?s why I?m asking the question. You can answer the question. A. What I?m saying is they asked me to go with the story that it was - the reason why 1 left was because of another athlete, who was African American, exposed himself and said something. They wanted to have me say that was the reason and not the reason of what Mr. Manning did when he assaulted me. Q. Di a particular African American athlete expose himself to you at anytime? A. Not that I recall. Q. So they?re asking you to make up a story? A. Yes. [Tab 23 Naughright Depo. Vol. it at pgs. 55-56] Malcolm Saxon, the studentvathlete who witnessed the incident the night of the has executed an Affidavit which clearly refutes Peyton Manning?s version of the incident [Exhibit 325]. Additionally, at his deposition in this case, Peyton Manning revealed that after this lawsuit was ?led, Malcolm Saxon wrote him a personal letter [Tab 20 - Peyton Manning Depo. Vol. at 215]. Although Manning testi?ed that he didn?t even read the letter [Tab 20 - Peyton Manning Dope. Vol. I at pg. 215], the Mannings have now produced the letter from Malcolm Saxon [Tab A to Exhibit Binder]. The sincerity ol? Malcolm Snxon?s letter says volumes about the truthfulness of Peyton Manning?s version which he placed in his book: Page 19 of 74 Filed Polk County Clerk of Court 2003?10?15 16:23 December it), 2002 Dear Peyton: Well our paths have crossed again? It has been about (i V: years since we? visited last, so I thought! would touch base with yen and let you lmow where tam coming frOm. My hope in writing this letter is to ameliorate the situation. It has gotten out. of hand on both sides; it has become very tiring. First, 1 have stuck to my same story throughout this drama. I told Mike Rollo the next day and Coach Fulmer10 a week or two afterwards. I had nothing to hide at that point, and I have nothing to hide today. Ihave never been on Jamie?s side or your side (contrary to what the athletic department was telling you and telling her). I stuck to the truth, and I lost my eligibility for it. My red-shirt. request sat on Mike Rollo's desk for months, as the process (lawsuit) was going forward. I am not angry about it anyniore,just getting a littit: tired ofitt! Peyton, you messed up. i still don?t know why you dropped your drawers. Maybe it was a mistake, maybe not. But it was de?nitely inappropriate. Please take some personal responsibility here and own up to what you did (and for what was said in the book!) Jamie is a great trainer; help her restore her credibility. Only you can do that. I never understood why you didn?t admit to it; you would have endeared yourself to your fans that thoughtithink highly of you. Don?t get me wrong, I don?t believe that a lawsuit for millions of dollars is the right way to go about it (for Jamie). I told her that, and her lawyer as well. Coming clean is the right thing to doll Flro, you have tons ole-lass, but you have shown no mercy or grace to this lady who was on her knees seeing if you had a stress fracture. It?s not {Do late. She has had a tough go ofii since leaving You might say that she asked for it, but she was minding her own business when your book came out. Peytonthis point you are going to take a hit either way; ifyou settle out of'eourt or it? it goes to court. You might as well maintain some dignity and admit to what happened. It?s going to help you out in the long run its well. Your celebrity doesn?t mean that you can treat folks this way. Peyton, peeple will have more respect for you when you (sic) they know men: about you - good and bad. .00 the right thing herel! Sincerely, Malcolm Saxon [Tab A to Exhibit Binder] win his deposition, Fuliner denied ever talking to Malcolm Saxon about the incident [Tab 'l - Fuln'rer Depo. at pg. 134] Page 20 of 74 Filed Polk County Clerk of Court 2003-10-1 5 16:23 REENACTMENT TAUNTING The extent and depth of Peyton Manning?s malice toward Dr. Naughn?ght would be manifested by his conduct directed at her after February 29, 1996. On two separate occasions Manning taunted Dr. Naughright by reen acting his conduct of February The ?rst of these occasions is described by Dr. Naogln'ight in her deposition: A. An athlete was laying on the bench. I don?t remember exactly what he was doing, but he was laying on the bench. Mr. Manning looked at me. The athlete was behind me. He pulled his pants down and sat on the athlete?s face. [Tab 22 Naughright Dope. Vol. I at pg. 203] The second reenactment is also described by Dr. Naughright: A. As 1 was walking towards r. Manning heading toward the weight room and he was coming in, he saw me and look at me and he walked over to some non-scholarship athletes. That are athletes walking on the team. They?re part ot?the roster and they go to the bowl game, but they?re not considered part of the scholarship team. There were a couple of them. i remember one of them was over there and he was doing sit ups. Mr. Manning saw me, walked over to the gentlemen, pulled his pants down, and sat in the gentleman?s Face while looking at me, pulled his pants back up, looked at me, and headed off to the locker room. [Tab 22 Naughright Dope. Vol. I at pg. 196]. Another post-Februmy 29?? incident would l?unher evidence and support the level of malice that Peyton Manning held toward Dr. Naughright. Dm?i a random drug testing being conducted by Dr. Naughright and University personnel, Dr. Naaghright handed a. Sharpie pennanent marker to Manning so he could sign and date the specie-ten. Dr. Naughright describes what occurred next: A. When lreached down to grab the pen to be able to hand it to Page 21 01? 74 Filed Polk County Clerk of Court 20034 0-1 5 16:23 the next athlete next to him to sign it and do the same thing to him, Mr. Manning snatehed the pen out from underneath my hand and picked it up and threw i across the training room and it slid underneath some equipment in the far end of the room. [Tab 22 - Naughright Dope. Vol. 1 at pgs. 204-205] Manning then: A. Ashe was picking up his stu?; he said she is such a bitch. He went like that. I looked at him and 1 look at the drug testers and I proceeded with the drug testing. [Tab 22 Naughright Dope. Vol. lat pg. 206] FAILURE TO WIN THE HEISMAN TROPHY Actually, Peyton Manning?s conduct the night of February 29, would later provide him with another reason to dislike Dr. Naughright and provide him with an additional motive to trash her in his book. In 1997, when Peyton Manning was the leading candidate for the Heisman Trophy, an award ann ually presented to the host college football player in the country, a campaign was begun, to tally unknown to Dr. Naugh right at that time, to encourage persons to contact sportsmiters voting for the Heisman} winner and lobby against Manning because of his conduct on the night of the 129Eh of February. As one e?mail stated: Part of the hostile environment claim involved star quarterback Peyton Manning. His original story was that he moment a fellow player and the woman trainer saw it because she was across the room and he did not realizo that she was even in the room. When UT settled the ease the truth came Manning exposed himself while he was standing in front or the trainer and she was actually working On his ankie. This is just a sample of the harassment she faced which was throughout the program. New Peyton Manning is a top contender. if not in the load, to receive the Heisman Trophy, a top football award (ifnot the top college award). Should this award go to an aotive participant in the sexual discrimination die sexual Page 22 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 harassment? Should this award go to someone who lied about. the facts and what he really did to perpetuate the harassment and discrimination? The New York City downtown Athletic Club which gives out this annual award believes the award deals with perfomiance only that character issues oft" lield behavior has nothing to do with the award. If you feel differently, or at least. believe Manning shooid publicly come out against sex discrimination sexual harassment, help send the message that sexual harassment will not be tolerated a and it does have consequences! from across the country vote on who should win the award. Write year local sports writers and let them know that Peyton Manning is an inappropriate sexual harassers should not be awarded (the equivalent of promoted if he was in the workforce instead of college football). Time is of the essencell The award ceremony is the first week of December. Voting is taking place. Send the word that sex discrimination is unacceptable dc. those who participate in this behavior will not be rewarded. [Exhibit 202] This campaign caused a stir at the University of Tennessee and their Associate General Counsel wrote the Manning family lawyer, Frank Croswaithe, regarding the matter, copying Tennessee Athletic Director Douglas A. Dickey and two other University lawyers [Exhibits 203- 205]. Peyton Manning did not win the Heisman Trophy and his failure to win and the bitterness ever that loss is evident in his book Manning. [Exhibit A to the Goff Af?davit filed by Defendants at. pgs. 265-267]. Peyton Manning also testi?ed at, deposition regarding an incident he had placed in his book, Manning, regarding a confrontation with his father over his Heisman candidacy: A. No. We had an argument on one particular night I remember, right a couple of days before, when 1 just had a feeling that 1 just wasn?t going to win. We watched a Sports Center report saying that was the favorite and that twas going to win. He said something like, ?You see.? tjust said, ?l?in not going to win.? it was kind ofa i didn?t think I was going to win and he did, and obviously I didn?t. Q. In fact, isn?t it true that you told him ?l?m not going to win the fucking trophy, read the papers, it?s going to Woodson?? Page 23 of 74 Filed Polk County Clerk of Court 2003?10?1 5 16:23 A. Yes. [Tab 20 - Peyton Manning Dope. Vol. I at pgs. 109] Dr. Naughright became aware of the rumors that the February 29'? incident had caused Peyton Manning to lose the Heisman. As testi?ed to by Dr. Naughright in her deposition in this ease: Q. Well, what; was that conversation? A, It was in reference to Peyton Manning.- When interviewed Sue Stanley?Green who had worked previously at an SEC school, when she some on heard, she seemed to have a lot of questions about the University of Tennessee and what had happened. She wanted to know what she called, ?the inside scoop? and she was talking about the Heisman} trophy. And she said she heard through radio talk shows and other people about Mr. Manning losing the Heisman trophy. And she asked me did that have anything to do with your incident with him and my response to that was that I had heard as well on radio talk shows and in the media and it was my understanding that the Meanings believed or. blamed me or some of the media for Mr. Manning losing the Heisman. I didn't think that was the ease. [Tab 24 - Naughn?ght Depo. Vol. at pg. 89] Nevertheless, between the 1994 incident, the February 29, 1990' incident, and the loss of the Heisman Trophy, the only logical conclusion one could draw is that Peyton Manning and the Manning family certainly had what they would have perceived as suf?cient malice against Dr. Naughright to intentionally defame her in their book. As Archie clearly stated to ghostw?ter John Underwood, didn?t really like this girl.? [Exhibit 180] CHARLOTTESVILLE. VIRGINIA in that very book, which the Mannings would write four years hence, Peyton Manning attempted to portray himself as the benign victim of Dr. Naughright. in- doing so he references a trip to Page 24 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 He, Virginia, which will ultimately reveal Peyton Manning as an egregious prevarieator who manufacturers testimony to suit his own purposes and cover up his libelous conduct. Manning would wn'te: certainly didn't dislike her. 1? i thought she had vulgar month, but islways tried to be nice. A couple times i went out ol?my way to help her, once giving a talk to a group at her invitation, another time when was at the University of Virginia visiting Ashley and she was there with some young athletes who needed to be escorted to a party. i agreed to do it. for her. [Exhibit A to Go?? Af?davit ?led by Defendants at pg. 272] In his deposition taken in this case, Peyton Manning attempted to use the Charlottesville trip as a multi?pmpose defense of his ?vulgar mouth" accusation. When pressed on deposition, Manning could relate only one single incident when he remembered an exact time and place and the exact words spoken by Dr. Naughright which he considered ?vulgar.? [Tab 21 Peyton Manning Depo. Vol. It at pugs. 56-64] As related by Peyton Manning, that incident occurred in Charlottesvillc, Virginie. when he agreed to ?escort? some ?young? athletes to a party. [Tab 21 - Peyton Mininng Dcpo. Vol. ii at pgs. 66 72] Manning?s totally implausible and provebly false version ofthe event can be stated as follows: In asking Peyton Manning to take these ?young? athletes offher hands, Dr. Naughright said to Peyton Manning, in the presence of the ?young? athletes, ?[T]hese mother fuckers are yours. Get them off my fucking hands for a little while.? [Tab 21 - Peyton Manning Depo. Vol. It at pgs. 64-65] Thus, not only does Peyton Manning establish himself as the till-American football hero doing a fever for Dr. Neughright by ?escorting? these ?young? men to party, he also seeks, on deposition, to establish a defense to this law suit. Unfommately for Mr. ?That?s not what he told his father. See Exhibits 180 dc 183. Page 25 ol? 74 Filed Polk County Clerk of Court 2003?10-15 16:23 Manning, his tale is inherently implausible plus there were witnesses present who have now corne forth and basically stated that it just didn't happen. During the fall of 1995, four (4) student-athletes from the University of Tennessee were selected to attend the NCAA APPLE Conference in Charlottesville, Virginia, which was to be held over a weekend in January of 1996 [Exhibit 251] The purpose of the conference was to evaluate and construct drug educational and testing programs. [Exhibit 25 l] The four student athletes chosen to attend included Erie Lane, a senior fullback on the University ofTennessee football team [Tab i8 Lane Dopeteammate of then sophomore Peyton Manning. [Tab 21 - Peyton Manning Dept). Vol. II at 73] Scott Pfeiffer, a tight end, and Tyrone Hines, a linebacker, both juniors and football teammates ofMenning, were also chosen to attend. [Tab 21 - Peyton Manning Dope. Vol. II 73?75 St. 82?84; Exhibit 25 The fourth student-athlete attending was another junior at. the University of Tennessee. Geno Devane. [Exhibit 251 6L Devane Affidavit] These athletes, who Peyton Manning portrays in his book as ?young? were all older than he was, and were either juniors or seniors at the University of Tennessee in comparison to his status as a sophomore. Additionally, three (3) were his on the football team and the fourth was a track and field athlete. Also attending the Conference were Jill Griffin, the Director of the Metropolitan Drug Commission in Knoxville, Tennessee; Dr. Jack Ellison, a professor within the Health, Leisure Safety Department at the University of Tennessee; Mike Rollo, then the Head Athletic Trainer at the University of Tennessee; and of course, Dr. Neughtight, the Assistant Athletic Trainer at the University of Tennessee. [Exhibit 25 l] Not one ot?these attendees has supported Peyton Manning?s version of the events. Geno Devane, now a medical student in Miami, Florida, has stated in his Af?davit that: Page 26 of 74 Filed Polk County Clerk of Court 2003-10?1 5 16:23 6. have been furnished pages 64 through 104 of the deposition of Peyton Manning taken on. March 12, 2003, and have carefully read those pages from the deposition. A copy ofthat deposition is attached hereto. 7. Mr. Manning relates that antic Whi ted stated, referring to me and the other student-athletes who attended, ?These mother fuckers are yours. Get them offmy fucking hands for a little while." At no time during the weekend of January 19?21 did I hear Jamie Whited make any comment of that nature and she has never, in my presence, referred to me or any other individual as a ?mother fucker" not-has she ever asked anyone to take me or_ any other student athlete off her ?fucking hands." lean assure you It would remember if tunie Whith had called mo a ?mother fucker? or used that type language in my presence. 1 would have been very upset had that occurred. Additionally, that type of language would have been completely out ot?ohnrnoter foszniio Whited because she was always very professional around me and other student? athletes. 8. i am quite Familiar with the party referred to by Peyton Manning in his deposition. 1 did attend the party with the other who also accompanied me from the University of Tennessee but neither I nor any of thorn asked Jamie Whitest to ask Peyton arming to take us to the party. Neither I nor any ol? them needed to ask Jsmic Whited to with Peyton Manning. Any one of us would have asked Peyton directly and not through Jamie Whited.?2 While Eric Lone, Tyrone Hines and Scott Pfeii?fer and myself were juniors '3 at the University oi'Tennessee, PeytOn Manning Was a sophomore and younger than we were. In fact, there was no need for Jamie Whited to ask Peyton Manning to take us to the party. Scott Pfeiffer and Tymne Hines had said Peyton will be in town tonight and we are supposed to go out. 9. Inoticc that Peyton Manning states on page 78 that he drove lZErio Lane agrees. On deposition he stated would have ten comfortable with asking Peyton myself. Certainly didn?t need for Jamie to interccde." [Tab 18 Lane Depo. at pg. 30]. I3011 his deposition, Eric Lane said he was really a senior at that time, having been red? shirted for one year [Tab 18 - Lane Depo. at pg. 25] Page 27 of 74 Filed Polk County Clerk of Court 2003-10?1 5 16:23 us to the party. Peyton Manning did not drive us to the party. In Fact, Eric Lane drove the University ot?Tennessee van to the party with Mr. Rollo?s pennission. Eric Lane, Scott, Pl?eit?tier, Eric Lane all rode in the van. 10. I notice from Peyton Manning?s statement that Chester Ford was with us in Charlottesville. However, Chester Ford was not a representative to the APPLE Conference. 11. I note on page 89 of Peyton Manning?s testimony that he is asked the following question and he gives the following answer: Q. Yes. Is it your position that these athletes, who were older than you are. were your teammates, went to Dr. Naughright, so that she would with you so that you would take them to a party and take them off her mother fucking hands? A. Yes I can unequivocally state that this did not 0mm. 12. I note on page 93 of Peyton Manning?s testimony that he is asked the following question and he gives the following answerthem in Charlottesville? A. loan not remember how I knew they were there, how they knew I was there, but what i remember is meeting, in the parking lot, and when .l tunic said those ?Mother fuckers are yours, get them off my fucking hands," that?s what I remember. That?s when I took them, you know, to the party. Again, 1 unequivocally state that this did not occur. I was present at this? "meeting" in the parking lot and at no time did Jamie Whi ted ever use the words attributed to her by Peyton Manning. [Devane At'fidavi t] Erie Len e, now a third year law student at the University of Tennessee, and who, as stated above, Page 28 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 was on the Charlottesville trip, testi?ed on deposition that he does not remember Dr. Whited ever using. those words in front of him or Peyton Manning: Q. Let me ask the Question this way in a very straightforward way, sir. Did you ever hear on the Charlottesville trip Jamie Whith make a statement in your presence referring to you and other student athletes as mother Fuckers? Not that I can recall, no. Q. At any time during the Charlottesville trip, did you ever hear Jamie Whited use the words ?mother ?ickers?? A. Not that I can recall. [Tab 18 - Lane Depo at pgs. 15-16]. On cross-examination of Erie Lane, counsel for the defendants asks him about Peyton Manning?s allegation that Dr. Naughright said ?these mother fuckers are yours, get them off 111 fucking hands." Lane responded to Msmring?s counsel as follows: Q. Concerning what Mr. Manning says that Jamie said to him i the parking lot, yeah. I don't I don't remember whether or not that was said or not. 1 don?t believe that it was. [Tab 18 Lone Dope. at pg. 35 of Lane deposition; emphasis added]. This testimony by Eric Lane is very important considering several extrinsic factors. First of all, En?o Lane was a fullbsek on the very same football team that Peyton Manning qu arter aelced. Both played on the offense. Both he and Manning are graduates of the University 0 Tennessee and Lane is now about to graduate From law school at the University of Tennessee and is currently an employee ol'the University. [Tab 18 - Lane Depo. at pg. 42] Lane thinks Peyton Manning is ?me ?ne person.? [Tab 18 - Lane Depo. at pg. 39]. He was extremely reluctant to become involved in this legal proceeding [Tab 18 Lone Dope at pgs. 20?24]. Yet; even as a teammate who thinks Page 29 of 74 Filed Polk County Clerk of Court 2003-10?15 16:23 highly of Peyton Manning, he testi?ed 011 deposition that he didn 't recall Dr. Naughright uttering the vulgarities Peyton Maiming attributed to her and doesn?t believe that it happened.? Just as Geno Devano stepped up and said it didn?t happen, so did Eric Lane. Another attendee, Jill Griffin, also refutes Peyton Manning?s Charlottosville talc. Jill Grif?n, then the Executive Director ot'the Metropolitan Drug Commission in Knoxville, and who roomcd with Dr. Naughright on the trip, tcsti lied that there would have been no possible reason for Dr. Neughrighl to have asked Peyton Manning to take the athletes ?off her fucking hands? since the athletes had their own rooms, Dr. Neughright wssu ?t chaperoning them at night, and they weren ?t ?on her hands.? [Tab 12 - Grif?n Depo. at pgs. 16-17] Griffin testified on deposition that: Q. And did you and antic stay in the room that night, or did you go anywhere or was there any type of function you had to attend? A. We stayed in the room late that night. Now, whether or not there was a dinner of banquet or something, I can?t remember. Q. But the two ot?you didn?t go out to a movie or to a piety or anything like that? No. And the student athletes had their own rooms, did they not? They did; So do you know ot?ony reason sitting here why Jamie Whited would havo needed to get rid of the athletes that night or get them to so somewhere so they wouldn't be a bother to her or anything like that? MS. BOLGER: Objection A. o. I remember they wanted to go somewhere, but she didn?t Page 30 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 Mrs. Grif?n also related that she recalled the athletes coming to Dr. Naug the keys to motion and Dr. Naughright being ?concerned? Head trainer Rollo ultimately gave the athletes the keys to the van. [Devane Af? testi?ed as follows; A. feet responsible for making that happen. And when you say you recall that the athletes wanted to go somewhere, what do you recall from that, ma?am? I just remember them talking about the conference was bowing, you know. [Tab 12 - Griffin Depo. at pge. 1647] I remember the athletes coming to the room, asking Jamie about transportation. I don?t remember what the outcome was or anything like that. I can remember Jamie being concerned though, just about their transportation and what they should do. [Tab 12 Grif?n Dept). at pgs. 14-15] Do you recall her being concerned about them going to a party where alcohol might be served and driving a University of Tennessee van? I don?t remember speci?cally about the alcohol. I remember her being Speci?cally concerned about them driving a University van. [Tab 12 Grif?n Depo. at pg. '1 As to Dr. Naughright?s language, Mm. Griffin testi?ed: Q. At any time during that weekend in Charlottesville, did you hear Jamie Whited refer to the student athletes or say these mother fuckers are yours, got them off my fucking hands for a little while? ldid not hear her saythat. [Tab 12 - Grif?n Depoany time during the weekend in Charlottesville Page 31 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 hright?s room to get about them driving a University van. davit] Mrs. Grif?n hear Jamie Whited say these mother Fuckers are yours, get them off my Fucking hands? A. [didn?t hear her soythat. [Tab 12 - Grif?n Depo. at pg. ll] Q. Just to clarify this. 111a?am, did you ever hear during that weekend Jamie Whitcd refer to the student?athletes as mother fuckers? MS. BOLGER: Objection. A. Idid not hear her say that. [Tab l2 Grif?n Dope. at 12] Q. Now, at any time during that weekend in Charlottesvillc, did you ever hear Jamie Whited use any vulgar language in from of the student athletes? A. No. During the time you were at the Metropolitan Drug Commission, did anyone at the Metropolitan Drug- Commission ever complain to you aboutlamie Whited using vulgar language? :9 No. Did Jamie Whited use vulgar lmrguage- around you? No. Would it have been - based on your observation of Jamie Whited during the years you knew her, would ilhave been out of character for her to use vulgar language? 43:94:?? Yes Q. Do you feel that Jamie Whitod has a vulgar mouth? A. No. [Tab 12 - Grif?n Depo. at pgs. 18-19] Page 32 of 74 Filed Polk County Clerk of Court 2003-40?1 5 16:23 On cross?examination, Counsel for the defendants pursued the parking lot meeting between the athletes and Peyton Manning: Q. Mrs. Grif?n also testi?ed as to Dr. Naughright?s working relationship with student- Q. So you can?t Say whether Dr. Naughright cursed or didn?t curse when speaking to Peyton Manning? 1 did not hear it, and she was pretty close to me in proximity when we got out of the van, and everyone was standing in the parking lot. The athletes and Peyton went off to the side two or three ear down. Jamie, I?m not Sure where her positioning was, but 1 know she pretty much stayed with Dr. Ellison, myself and Mike Rollo who went towards the athletic facility. [Tab 12 Grit?l?in Depo. at pgs. 35?36] Now, were you able to observe during the time that you were around Jamie, her working roiationship with athletes student athletes? Some, yes. All right. Would you describe that relationship, as you observed it? She handled herself professionally. Based on what you observed during the trip to Charlottesville, and based upon what you observed at other times when Jamie Whith was around student athletes, would it have been totally out of character for her to call them Intithor Fuckers? I?ve never heard her use vulgarity, not with them or with anyone. Was she respectful ofth student athletes? Yes. [Tab l2 Grif?n Dep. at pgs. 40-41] athletes: While not a social friend of Dr. Naughright, [Tab 12 Grif?nDepo. at pg. 42] Mrs. Grif?n and Page 33 of 7?4 Filed Polk County Clerk of Court 2003?10-15 16:23 Dr. Naughright worked together at the Metropolitan Drug Commission for almost three (3) years. As such, Mrs. Grif?n came to know Dr. Naughright and testi?ed that she ?was an excellent board member", a good reputation in the Knoxville and a great reputation the Metmpolitsn Drug Commission. [Tab 12 - G?i??n Dope. at pgs. 261-28] Peyton Manning clearly tried to convey the impression in his book that these athletes were younger that he was and that he was doing Dr. Naugln?ight a fa.on by chaperoning them for the night so that they would not be on her hands. What a picture he paints! One can only imagine the goofy scene ofPeyton Manning?s three (3) football teammates and a track and ?eld athlete, all older than he, and weighing in at probably almost 1000 pounds collectively, meekly approaching an Assistant Trainer (tentan at that) and saying: ?Jamie, will you please see if you can talk Peyton into taking us to a patty?" Then Manning would have one believe that this Assistant Trainer, in close proximity to the Univet't?sily's Head Trainer, a Professor at the University, and the Executive Director of a Knoxville comm unity organization, goes up?to Manning and the athletes and calls them to their face ?mother-fuckers" and asks Manning to take them off her ?mother??tcking" hands like they were some high school orjunior high students that she had to baby-sit. Peyton Manning?s clearly in ads- up fabrication of" the Charlottesville trip brings to mind the Latin doctrine of It?alsus in unto. felons in. omnh?ms which translates as: False in one thing. false in everything.? This dootrine means that if a witness is shown to have sWom falsely in one. detail, that witness may be considered l?beliet?as to all the rest ol?his testimony. It is submitted that Peyton Manning, having sworn falsely to the events in Charlottesville, is totally unworthy of belief as to all the rest this testimony. Page 34 of 74 Filed Polk County Clerk of Court 2003-10?1 5 16:23 MANNINGS ON THE ATTACK TRASH THE VICTIM it is interesting to note that when interviewed by the University, in June, 1996,, about his own conduct on the night of February 29th, Peyton Manning defended that conduct by attacking Dr. Naughright. Manning stated have never approved of?Jamie?s vulgar language. It has always been 3! Opinion, along with the majority of the team, that amie wants to be one of ?the guys," [Manning statement to - Tab 8 to Exhibit Binder]. One wonders why Dr. Naugln'ight?s alleged proclivity for colorful words would be relevant, even if true, to the fact that Manning was merely mooning someone across the room and she just happened to see it. But Peyton Manning knew the ?just happened to see the moon? version was not true. He knew that what he had done constituted a sexual assault. Therefore he reverted to the tactic: trash and discredit the victim. it was almost like Manning was saying didn?t do it, but ifl did, she deserved it because she's vulgar." In addition to telling the University of Tennessee that she?s vulgar. he tells his father she's ?kinda trashy?, ?had the most vulgar mouth of any girl he?d ever seen?, was ?unattractive but had big breasts?, ?been out with a hunch ofblaok gays? and had a ?toilet mouth." [Exhibits 80 183; Tab to Exhibit Binder] in relating what Peyton had told him, Archie Manning tells his ghostwriter, John Underwood: Archie Manning: her. See, Peyton said she was very unattractive gal but she had, uh, big John ntleiwood: Um hum Archie Manning: Ah, she was a, he said her language was unbelievable. John Underwood: She?s black, right? Page 35 of 74 Filed Polk County Clerk of Court 2003-10-1 5 16:23- Archie Manning: Huh? John Underwood: Was she black? Archie Manning: No. John Underwood: OK. Archie Manning: She wasn?t black. John OK. Archie Manning: But she?d, she?d, she?d been out, when she was a student trainer, that she had been out with a lot ol?blaclt John Underwood: Um um. Archie Manning: And she?d, she?d been up in the dorm before, I mean, hey, you know, they could have, you know, could have pulled stut?l?on her too. Ah, she, toilet mouth, ah, Peyton told me he never did like her but he always did, cause what T?d told him to do, ah, I?d instructed him to be nice to the ever look down on a trainer or an equipment person, you know?, [Exhibit 183] During his deposition, Archie Manning conceded that the information he was relaying to John Underwood was derogatory and that he wasn?t ?complimenting? Dr. Naughright by saying she was ?outwith a lot ofhlaclc guys and up in the dorm." [Tab [9 - Archie Manning Depo. at pgs. 189-197] it is obvious as to what both Underwood and Manning were saying. Archie Manning had previously in the transcript told Underwood that she was ?kinda trashy" and had a ?vulgar mouth? [Exhibit 180]. Now, when Manning further tells Underwood that she?s unattractive, has big breasts, and unbelievable language, Underwood just assumes these negative characteristics must belong to a black woman. Even Archie Manning admitted in his deposition that ?some people? think that a ?trainer should not be going out with blacks i the trainer is white." [Tab '1 9 Archie Manning Depo. Page 36 of 74 Filed Polk County Clerk of Court 2003?1 0-15 16:23 at pgs. 190-191} Manning, however, states that don?t do color.? [Tab 19 - Archie Manning Depo. at pg. 191] He had no answer however, as to why it was signi?cant to liimrthat, i'l?she was promiscuous, she was promiscuous Wi th black players as opposed to white players. [Ta 1) 9 Archie Manning Depo. at pgs. 186-201] Howewr, the answer is obvious, as it was to former Univcrsity of Tennessee Antonio Brewer, who stated in his af?davit, ?As a black student?athlete, i am offended racial overtones of Archie anning?s comments. [Antonio Brewer A lTidavit] in Defendants? Motion For Summaiy Judgment, Archie Manning is touted as someone who "simply embodied what was good about the Old South." [pg 4 of Defendants? Motion and Memorandum] it would seem that Archie Manning also retains some of" what was bad about the Old South. By the time Peyton Mamaing was through spreading rumors, the entire athletic department was rallying to Peyton?s side and Dr. Naughi'ight?s language was becoming an urban legend. it was like the Abominable Snowman; people claim to have seen one but no one has ever bagged one?. As an example of this trashing of the victim which continues to this day, the del?endams even took the deposition of a cheerleader, Eric Counts. to testify that Dr. Naughn?ght cussed before? but cannot a speci?c instance.? [Tab 8 - Counts Depo. at pg. 7] The only ?general understanding of Dr. Naughright?s reputation? which Counts had was ?based on rumor and "Even Athletic Director Dickey testi?ed that Dr. Naughright had not used profanity in his presence. {Tab 9 .- Dickey Depo at pg. 33] Likewise, nothing has been produced from Dr. Naughright?s personnel ?le at the University of Tennes$ee relating to ?vulgar? or ?inappropriate? language." it was only after the University started investigating the February 29, 1996, incident that the issue of ?vulgar language? was ?rst raised in any document. Even then, there is no mention of ?vulgar? or ?inappropriate language? in her post-February 29?? Perl?onnanee Appraisal Form. [Exhibit 166] Page 37 of 74' Filed Polk County Clerk of Court 2003-?10-15 16:23 speculation" [Tab 8 Counts Depo. at pg. According to Counts, on rumor and speculation, Dr. Naughright, formerly Jamie Whited, she did have a vulgar mouth, as for as what semebody else has told me, and cursed like a sailor around trainers and staff. There were rumors going around that Dr. Naughright was sexually promiscuous and had been engaged in sexual activities with student athletes as a student trainer.? [Tab 8 - Counts-Dope a! pg. 9] Counts' testimony pretty well covered the waterfront and was consistent with the Manning family approach to paint Dr. Naughright as vulgar and a where so no one would believe her. [Exhibits 180 ?it 183] Defendants even tried to place Counts in the training room the night of the Manning incident. Counts stated: ?My understanding is that he niooned her, showed her his butt. and based upon information provided to me that I was evidently in the training room when that happened.? [Tub 8 - Counts Dene. at pg. 1 'l Counts certainly was ajnck of all trades as a witness. He testi lied that Dr. Naughright was vulgar and promiscuous?, and he testi?ed that he was possibly a. witness to the ?moon.? There was only one problem with Mr. Counts as 3 witness to the ?moon.? The informatiim provided to him that he might have been present and an witness, even though he couldn?t remember being there, was provided him bythe defendants? counsel. On cross-exmnination Counts was asked: Q. And who told you that you might have been there? 15No witness in this entire case has been able to provide any ?rst hand knowledge ot?any person with Whom Dr. Naughright had any type of sexual relations while at the University of or even identify anyone with whom she had any type of" sexual relations. One reason may be that For almost seven years while at the University she was either engaged or married. Having previously admitted that Dr. Naughright was called ?Cunt Bumper? or ?Bumper? for many years, it appears that dellendants' witnesses are now having a hard time deciding whether to characterize her as the ?Whore of Babylon" or being from the ?Island of Lesbos." Page 38 of 74 Filed Polk County Clerk of Court 2003-1 01 5 16:23 A. was told by counsel that i was named as one of the six people that were in the room at that time. Q. You were told by counsel for Mr. Manning? A. Yes, that?s correct. [Tab 8 - Counts Depo. at pg. 20] Cross-ex amination ot?Mr. Counts revealed the depth or perhaps the shallo wness oer. Count?s knowledge. Counts admitted that ?That?s what I have been telling you since I got in here. i have no personal knewiedge of any of these events at the time that they were made. All of my information that I can give you beyond reputation, which is neither here nor there, is rumor and speeulaticm on my part, what] heard from other people. have no personal knowledge ofDr. Naugh right?s sexual activities, no personal knowledge." [Tab 8 Counts Dope. at pgs. 37~ 38; emphasis added] Humotlrotisly, when Counts entered the deposition room and was introduced to Dr. Naughright, he stated "Nice to meet you? indicating that they had never met before. When asked about his ?nice to meet you" statement on deposition, Counts stated that ?it was a Freudian slip have very limited knowledge about those events. And I'll do have knowledge, it?s mostly tumor. speculation. I cannot tell you with any general certainty what you?re really looking for me to say, speci?cally,l rememberlamie Whited doing this. [cannot say that." [Tab 8 - Counts Dope. at. pgs. 39~40]. As cross examination went On, it became clear that Counts' statement ?Nice to meet you" was not a Freudian slip and that his knowledge ofDr. Naughright was not only shallow, but almost non?existent. Consider: Q. But sitting here today, you can?t give me a specific instance or a speci?c thing that she ever said that contained a cuss word? A. My recollection of those events, in any period 01' time in Page 39 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 which those events occurred, 1 cannot say on September 16, 1995, i heard Jamie Naughright say the word bastard. I cannot say that on any Specific occasion. Again, my memory is faded about these incidents. Again, I?m only privy to information that was reputation and/or limited personal knowledge and interaction with Dr. Naughright. Again, Dr. Naughright and I may have had personal cantact maybe twice in our lives. Twice? A. 1 can?t say person at con tact. New, whether she was in the room or not?~ as me talking with Dr. Naugh right. [Tab 8 Counts Depo at pg. 42; emphasis added] Alter admitting that his limited Contact was maybe being in the same room with her on two occasions, he admits that the ?inappropriate banter" or language actually emanated from ?student athletes making sexual inn nendos toward Dr. Naughright, commenting on her large breasts, and her commenting [Tab 8 - Counts Depo. at pgs. 46-47] As he explains: A. From my limited recollection, it wasjust kind it off, throwing it back in their faces and moving on. You know, just inappropriate comments that would not be acceptable at this time to me now. But at the time, I didn? think anything of it. I cannot state a speci?c phrase. 1 cannot state a speci?c conversation that she had. All I Can state is that was aware of those types ol?activitics. [Tab 8 - Counts Depo at pg. 47]. What type comments would they met: e? A. They would generally refer to her breasts, in her presence and outside of her presence about, did you see Jamie's breasts, how large, she?s wearing that shirt, it looks good. stuff like that. I cannot cite a speci?c instance, again besetl' on my Page 40 of 74 Filed Polk County Clerk of Court 2003?10?15 16:23 limited knowledge. You're trying to delve into all area, Counselor. that 1 do not understand and I do not have any knowledge about. [can say that they would refer to her large breasts, that?s all I know. Q. Instead of getting mad and throwing something at them or yelling 01' screaming at them, She would just banter back with them, wouldn't she? A. That?s correct. Q. And in that context of a training room Where student athletes are making comments about her big breasts, don?t you think bantering back with them would be a better way to handle it than screaming or yelling or getting upset? MS. BOLGER: Objection. You?re asking the witness to speculate about the athletic training room. A. In the context of? the training room, and this is purely speculative on my part, I think that it would probably be best i she did bariter book. However, that?s just Speculation on my part. I don?t know how she should have reacted. Again, I'm not a female trainer, I have not been subjected to that environment, so I cannot say whether or not her actions or reactions was appropriate. Maybe her reaction should have been go straight to the athletic director and say, you know, this stuff is unacceptable. i don?t know. Or maybe it was better to banter buck and forth. 1 have no idea. That was really her reaction and that?s how she dealt with it. Q. And in dealing with it that way, she was able to perform her job, wasn?t she? Objection A. lhave no idea. [Tab 8 Counts Depo. at pgs. 50-51] At trial, one of the ?rst motions to be made by Plaintitl?s counsel will be to strike Mr. Counts?s entire testimony l?or obvious reasons. Pagc4l of 74 Filed Polk County Clerk of court 2003?10-15 15:23 The problem for these individuals, each as En?c Counts, who have rallied to Peyton Manning?s ?trash the victim" campaign, is that there are honorable athletes out there who are telling the truth and are willing to come forward and expose Peyton Manning?s campaign to vilify Dr. Naughright. Olympic Silver Medalist and World Gold Indoor Medalist. Lawrence Johnson, has stated: In addition to Jamie Naughn?ght?s involvornent in my left foot injury described above, had the following involvement with Jamie Naughright during my years at the University of Tennessee. Jamie Naughright, as Head Track and Field Athletic Trainer, would attend all home and away track events. While on the road, we would travel by bus, van, and plane, depending on the location of the track meet. I would estimate that we traveled to approximately forty (40) away track meets in addition to the approximately forty home track meets in Knoxville. At some of the home track meets,- Jamie Naughright was the medical director of the meet. b. Jamie Naughright also traveled with me on the plane to Houston, Texas, for my surgery with Dr. Baxter. She and stayed in the same hotel while i was in Houston and she took care ofme while I was hospitalized in Houston. After 1 was released from the hospital, she rehabilitated me in Knoxville. e. I also worked with Jamie Naughright in community service projects such as the Metropolitan Drug and AIDS Wall: Knoxville. d. in 1996, Jamie Naughright also treated me at the Atlanta Olympic games For a grade 2 ankle sprain. in August of 1997, Jamie Naughright and I traveled to Athens, Greece for the IAAF World Championships. I had retained her services Ibr two weeks whi le 1 was in Athens so that she could be my personal athletic trainer. As stated above, lhave known Jamie Naughright since approximately 19.93. [have never known her to be vulgar in any way or use vulgar language. Jamie Naughright does not have a Vulgar mouth and was always very professional and proper in her conduct, appearance and demeanor. During all Lhe time that was around Jamie Naughright, Page 42 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 whether it be at the University in Houston, Atlanta, or in Greece, I cannot recall her ever using a word or phrase which would he considered vulgar. i am giving this Af?davit voluntarily and of my own free will and intend to appear and to testify to the above at trial in this matter. ffidavit of Lawrence Johnson] Likewise, student-athlete Antonio Brewer has stated in an Af?davit that: As stated above, 1 have known Jamie Naughright since oppresimately 1995. I have never known her to be vulgar in any way or use vulgar language. Jamie Naughtight does not have a vulgar mouth and was always very professional and preper in her conduct. appearance and demeanor. During all the time that was around Jamie Naughn?ghl, I cannot recall her over using a word or phrase which would be considered vulgar. am personally aware that Jamie Naughright was well thought ol?al the University of 'l?cnnessee. I am personally aware that her reputation For job performance was outstanding. I am personally aware that her reputation for being a moral person was beyoml reproach. I have seen a transcript of an audio tape wherein Archie Manning stated that Jamie Naughright's language was "unbelievable", that she was ?trashy?, that she had out with a let ol?black that she had ?been up in the dorm and had a ?toilet mouth", all of which, in my opinion. he stated to indicate that Jamie Naughn'ght was of low moral character. As a black student-athlete, I am et'lbnded by the racial overtones efArehic Marming?s comments, but completely apart from that. i can state that Jamie Naughriglit had no such reputation at the University of Tennessee, as described by Archie Manning. 1 are giving this Af?davit voluntarily and efmy own free will and am willing to testify to the above at his] in this matter. [Af?davit of Antonio Brewer] Contrast the Af?davits of student-athletes Lawrence Johnson and Antonio Brewer with the testimony of the Associate Athletic Director for Administration, Dr. Cannen Tegano. Dr. 'l?egano was the person to whom Dr. Naughright reported the 1994 incident involving Peyton Manning. Not Page 43 of 74 Filed Polk County Clerk of Court 2003?10-15 16:23 surprisingly, Dr. ?l?egano, on deposition, testi?ed as to certain language he alleged was used by Dr. Naughright in his presence. Dr. Tegano, in this case, will always be known as the man who sees or feels colors. On cross?examination. Dr. Tegano testi?ed as follows: Q. {0 PQPG stoop There were occasions during the time that you and Dr. Naughright were both employed by the University of Tennessee that you interacted with her in a professional way. is that correct? Brie?y. lmatle it a point to kind ot'just not interact as much as loould. Why did you make that point? Because I didn?t want her energy in my Karma circle. That energy? Uh-huh. Did she have an aurora that was around her? Yeah. Yeah. Was it black or red or green? it wasn?t a good color. it was a dark color. Black? It was a dark colm. It wasn?t a good color. Brown? Itjust wasn?t a good color? What are good colors? Light colors. Page 44 of 74 Filed Polk County Clerk of Court 2003?10?1 5 16:23 Q. Light colors. Yellows? Are yellows good? A. (Head nod) Q. Does that aurora emanate from the head area? A. No. it?s just a feeling you have, you know, walk into some intuition, and it was just bad Karma. Q. And was she an energetic person? -A. I?m not in a position to ansWer that. Idon?t know. Q. You said you didn?t want her energy aroqu you, she was too energetic for you? A. No, two different you're taking the term energy and made it two different things. 0- This is that energy." Energetic is one thing, and energy is another thing. Q. Okay, this is the inner energy that projects the colors, is that correct? A. Yes Q. Did anyone else ever tell yen that they had detected these colors emanating From Dr. Naughright? A. 1 don?t remember. Q. Did you evar report to anyone that she was walking through campus giving offthesc colors? A. Just me. Q. Are you aware ofanyonc else who could see these colors? A. Oh, there are people that see colors. Yes. Q. Did you ever ask these people that could see colors whether Page 45 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 they could see the color that was emanating from Dr. Naughright? A. I didn?t have to. Q. You could see it? No. No. Ididn?t sayloould see it. Ijust fell a bad energy and a dark color around her. Q. Okay. You feltil. It?s kind ot?like through osmosis? No. No. Just an energy ?eld.- Q. 1 see. How close did she have feel this energy ?eld? A. In the same room. 0. So, once she lot?t the room that day, in October of 1995. the energy dissipated? A. I went and took a shower. Q. I understand you: said that earlier, but my question is when sho left the room in October of 1995. did the ?eld dissipate? A. Good question. I don?t remember. Q. And you indicated that you noodod to go take a shower after she left the room; is that correct? A. Uh-huh Q. Do you have shower facilities in your of?ce? A. No. Q. Whore did you leave to go and take: this shower? A. I walked across the street to the locker room. [Tab 29 - Togano Depo. at pgs. 56-59] Page 46 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 Dr. Tegano's testimony is analogous to the prosecutor who calls his star eye-witness who describes the crime in vivid detail and places the defendant at the scene with smoking gun in hand. Then the defense attorney gets up and asks the eye?witness exactly where he was when he saw the defendant commit the crime. The eye-Witness looks the defense attorney right in the and tells him he was in his spaceship in the galaxy Nova-8, circling an unknown planet when the light waves from the crime scene were beamed to him from the Planet Earth. Any judge or jury deciding the Credibility between two time Olympian Lawrence Johnson and Dr. Carmen Tegnno will have no problem determining whom to believe. Dr. 'l'egano, whosejob it was to prevent academic fraud in the athletic department, did answer one question truthfully: Q. And isn?t it also true. Dr. 'Icgano, that the plagiarism was so rampant with student athletes, that an English professor here at the University of Tennessee threatened to bring up the entire Athletic Department on charges of academic dishonesty? A. Yes. [Tab 29 - Tegano Depo. at pg. 107] Dr. Tegano?s credibility is further eroded by what Robin Wright, the former Coordinator ol" Academic Programs and the Writing Center at the University of said about him: THAT is the reason lworketl there. So many athletes are SO capable of doing good things with their lives. The Athletic Dept, advisers like Judy Jackson and Carmen, tell them - make them cheat and/or lake the easy way out. [Exhibit 282; Tab 29 - 'i'egnno Dope. at pgs. 78, 104405] - Another excellent example of the campaign to discredit Dr. Naughright by characterizing her as ?vulgar? or ?vulgtn? mouthed" was the deposition testimony of University of Tennessee Executive Associate Athletic Director Gary Wyant. Wyont repeated his 19% post ?mooning? statement in Page 47 of 74 Filed Polk County Clerk of Court 2003-10?15 16:23 support of Peyton Manning and related that several students [who also worked in the athletic department] reported to him that Dr. an ghri had used the word? and ?dick? in, a class she was teaching about AIDS [Tab 32 - Wyant Dcpo. Vol. 1 atpgs. 24?25; Exhibit 142] Unfortunately for the students' veracity or Mr. Wyant?s veracity, the professor conducting the class. in which Dr. Naughright was a guest speaker. and in ?whieh she is alleged to have used the word" and ?dick?, testi?cd on deposition that no such thing occurred. Professor James Bemiller. an attorney in Knoxville, Tennessee. testi?ed: Q. All right, sir. When she would make those presentations to your class. would you stay and listen to the presentation? A. Yes [Tab 1 - BemillerDepo at pg. 8] Q. hat?s tine. During these classes where Jamie made her presentation and where you were present, did you ever hear her use any vulgarities or vulgar language? A. I don ?t recall her using any vulgar language. Q. Is it fair to say that if she had used vulgar language and performed inappropriately in One classes, you would not have invited her back to speak? A. That's, fair to say. Q. And sitting here today, do you ever recall in your own mind thinking, I?m not going to invite Jamie Whitcd hack to speak to my class because she?s embarrassed me and used vulgaritics or anything like that? A. No, no. And when I got the notice for this deposition, I thought about this, and 1 know that she was speaking about some her research involves some pretty. how should lsay, uncomfortable topics because they deal with - what I do Page 48 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 recall about the class was that the theory behind her research was that athletes are high risk individuals, they take a lot ol' risks, and that?s why they?re good athletes. But it also leads them into other type of behaviors that can cause problems with their health. and i do recall that she discussed group sex, and homosexual sex, and those type behaviors. And so those aren?t the most comfortable topics to discuss, but I think they?re pertinent. And that?s what recall about the presentation. . And when she discussed these sensitive topicsprofessional manner? A. As i recall she did. [Tab 1 - chiller at pgs. 10-12} Wyant's ethics and animus toWartl Dr. Naughright are evident in a case where she refused to cooperate with Wyant in discrediting an adolescent rape victim. A University ot?Tennessee athlete, Nile Kyle Silvan, was charged with raping and sodomizing a minor. [Exhibit 2] Wyant asked Dr. Naughright to locate a videotape of multiple members of the football team having group sex with this same girl several years earlier in the football dorm, when she was only 14, so that Wyant could give the tape to the athlete?s lawyer, Jeffliagood.?G Dr. Naughright refused to participate in Wyant?s scheme to obtain the tapc[Tz1h 33 - 'Wyant Depo. Vol. II at pgs. 29-41]. Incredibly, Wyant testi?ed: Q. And were you aware at the time that this young lady was a "interestingly, Hagood would later be contacted by Doug Dickey and Phillip Futmer to help protect Peyton Manning?s ?reputation? in light of the February 29. 1996 incident. [Exhibit 183; Tab 19 - Archie Manning Depo. at pg. 102] It is interesting that in both the Silvan case and in the Manning case, the University lined up with the perpetrator, not the victim. As Dr. Naughright was told by a senior athletic department of?cial after she reported Wyant?s scheme. ?Jamie, we?vc all been there. They are yelling ?No. no, no!? while they are pulling you to the bed.? [Exhibit 58]. Even Peyton Manning was quoted in the media as saying ?Nilo?s a good person. He?s not a bad person. He?s one ofthe most popular players on the team. [Tab 21 - Peyton Manning Depo. Vol. II at pg. 6] Page 49 of 74 Filed Polk County Clerk of Court 2003-10-15 16:23 minor? A. Yes [Tab 33 Wyant Depo. Vol. 11 at pgs. 37-38] Q. All right sir. Did you understand as to why they were asking that the tape be located? A. My assumptimt was that they were trying to prove she had sex with other people. Q. In other words, use it to discredit her? A. I have no idea what the purpose was. That wasn?t my purpose. Q. Well, I didn?t ask what your purpose was. A. You wanted me to assume and lwasn?t assuming anything. Q. Well, I didn?t ask you to assume, I asked you did you have an A. No, I did not have an understanding. Q. Did you think that locating the tape would help Mr. Sylvan? [actually spelled Silvan] A. Obviously, the attorney asking for it. Nilo was asking for it. I assumed it probably would. Q. You certainly assumed that locating the tape would not help the young lady? A. ldidn?t make an assumption to that. Q. Well, you knew that, didn't you, sir? A. I assumed that probably that would be the ease. Yes. [Tab 33 - Wyant Depo at pg. 39]. Had Dr. Naughright gone along with Wyant?s cockam amio scheme and actually located the tape, Page 50 of 74 Filed Polk County Clerk of Court 200340-15 16:24 instead of reporting Wyant?s scheme to the University. possession of that tape could possibly even have constituted a violation of state or federal child pornography laws.? The importance of this matter lies within Gary Wyant?s bias against Dr. Naughrighl. After she reported Wyant?s scheme to locate the rape tape, Wyant was infuriated with her and called it "highly insulting? and an ?attack on [his] credibility.? Wyant stated, in writing, that Dr. Naughright?s report regarding his attempt to locate the rape tape was ?slander and inexcusable.? [Exhibit 283] Clearly, his bias against Dr. Nangluight needs to by a jury. The jury can then weigh the eredi bilin between As sociate Athletic Director Gary Wyant (who was not in the classroom) and Professor Jim chillcr (who was in the classroom) as to whether or not Dr. Naughrigllt used ?improper? terms in the Pro l?essor?s class. The issue of Dr. Naughright?s use of anatomical terms is also addressed by University of Tennessee student, Valerie Condit: I am a graduate of the University of Tennessee in Knoxville. During the time that I was at the University, I knew Jamie Naughright. My contact with Jamie Naughright involved the following: in the fall of 1996, lwas taking a course entitled 8.: Society" Seminar, taught by instructor Mark Miller and Dr. Judy Piene. This was a 300 level course in which speakers from across the state spoke about the scientific, social, medical, emotional, and tlnancial aspects of acquired immunodeficiency Jamie N?aughright was an invited speaker to present a lecture on AIDS on college campuses. While the subject of the lecture required amic Naughright to discuss sensitive subjects and topics, she did not use any words or terms which might be considered vulgar. Her presentation and use of language to deScribe bodily parts and functions was totally appropriate for the subject matter being taught. in my Opinion. it is ludicrous to state that the use of the word ?penis? in a lecture on Iistorient-athletes at the University of Tennessee were also, sometimes video taped through a two-way mirror while they were giving urine samples during drug testing. [Tab 22 - Naughright Depo. Vol. lat pg. Tab 27 - Rollo Depo. at pg. 32] Page 51 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 AIDS is vulgar or that the lecturer using the word in that context has a vulgar mouth. As part of the Society Seminar", 1 was also required to participate in AIDS related community activity and to describe that activity in writing. One of the AIDS related activities in which I participated was the 1996 World AIDS Day event. worked with Jamie Naughright on this community activity in [.996 and again the following year for the 1997 World AIDS Day. --I also worked with Jamie Naughn'ght during the years 1997 and 1998 in an organization named which stood for ?Until There?s A Cu re". This organization was founded by Jamie Naughright and she was an adviser during the time in which I was involved. I also participated with Jamie Naughn?ght in a panel discussion with University Faculty, staff, students, and community leaders, which Jamie Naughright developed and coordinated. This panel discussion was entitled K. Affected or Infected by Jamie Naughright and I also worked together on the ?Champions For A Cure" fundraiser for AIDS Response Knox ville in the fall 0 1997 during the Tennessee vs. Mississippi football game. One part of that fund-raiser involved the sale of red ribbons. that many ofthe Mississippi fans bought red ribbons thinking they represented the Mississippi colors. Jamie Naugluight also founded and oonrdinated this event. Additionally, we worked together on the 997 ?First Armual ATDS Walk Knoxville? fund-raiser in which Jamie Naughright was the Assistant Coordinator. While working with Jamie Naughright on the events set l'orth above, I was often in her of?ce at the ?Tim Kerins Training Room? at. the University of Tennessee and was in a position to see her interact with student-athletes and staff". 1 also attended various track meets at the University and observed Jamie Naughright working with athletes at those events. I understand that Peyton Manning has written in a book that he thought Jamie Naughright had a vulgar mouth. Based on my ?rst hand observations, that statement is not true and falsely portrays the Jamie Naughright I knew at the University of Tennessee. Jamie Naughright does not have a vulgar mouth and was always very professional and proper in her conduct, appearance and demeanor. Page 52 of 74 Filed Polk County Clerk of Court 200340?15 16:24 During all the time that was around Jamie Naughright, 1 cannot recall her ever using a word or phrase which would be considered vulgar. lam giving this Af?davit voluntarily and of my own free will and am prepared to testify to the above at any trial held in this matter. [Af?davit of Valerie Condit} Valerie Condit?s opinion of Dr. Naughright is echoed by one of Peyton Mamung?s football teammates, Rodney Riddiok: I attended the University of Tennessee in Knoxville, Tennessee and was an Offensive Guard on the University of Tennessee football team. During the years I spent at the University of Tennessee as a . student?athlete, I become well acquainted with Jamie Naughright. as a student athletic trainer, as a graduate assistant athletic trainer, and as the assistant athletic trainer at the University oi? Tennessee. My interaction with Jamie Naughright consisted of the following: a. i would see Jamie Naughri on Mondays through Fridays in the training room where she worked with me in the rehabilitation of my shoulder after surgeries and with other injuries including injury to my knee. During the Monday through Friday time i was also able to observe Jamie Nanghrighl, both around me and around other on the field during practice and in the strength and conditioning room. b. At home football games, 1 would see Jamie Naughright on Friday nights and Saturday nights working the front desk at Gibbs Hall. From time to time I would visit with her while she was working the front desk and we would have extended conversations about a variety ot"suhjeets. 0. During home games, I would see antic Naughright at pre? game meals, team meetings, the Johnny Majors walk to the stadium, pro-game preparation in the iOGkCI'?nd training room at the stadium, throughout the game, and during post?game treatment in the training room. d. Also, for away games, i would be around Jamie Nauglu?ight Page 53 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 on the plane traveling to the game. for prc~game meals, team meetings, at snack time, for pre- game preparation, throughout the game, during post-game treatment. and on the plane traveling back to Knoxville. Also during away games, Jamie Nanghright and the Head Athletic Trainer, Tim Kerin, would conduct bed checks and wake up calls. 0. From time to time. I would also see Jamie Naughright at Sunday treatment sessions and many times, Jamie Naughright would transport us to appointments with physicians in the Knoxville area. I I would also see Jamie Nanghright during practice sessions since she was assigned to the Offensive Line during much of my career. g. At times I would see Jamie Naughright in the student life of?ce working on a computer and from time to time, would sit with her or near her during teaches at Gibbs I'Iall Cafeteria. h. 1 would also see Jamie Naughright during various community service functions either on campus or off campus in the Knoxville area. - I. After I left the University of Tennessee, I weuld on recession see amie Naughright in the Knoxville area. 3. I have learned that Peyton Manning has stated in a book that he thought Jamie Naughright had a vulgar mouth. This statement is not true and portrays a completely different Jamie Naughright from the person I knew. Jamie an ghri does not have a vulgar mouth and was always very professional and proper in her conduct, appearance and demeanor. During all the time that I was around Jamie Naughright, I cannot recall her ever using a word or phrase which would be considered vulgar. The vulgar words which lhcard during the period oftime that I was a student?athlete at the University of Tennessee, Were mainly from players, coaches, and other staff, not from Jamie Naughright. In fact, players, coaches, and staff even referred to Jamie Naughright as ?Bumper,? which was shorthand for a vulgar expression. Page 54 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 4. Based on my observation of Jamie Naughn?ght during the time I was at Tennessee, I would never believe that she would be upset or over-react to a simple "mooning" or seeing a player?s buttocks, something that was not in the training room/locker room context in which she worked. At the time I heard about the "mooning" incident, I felt that there had to be more involved than ust seeing bare buttocks, which, in my opinion, would never have upset someone as professional as Jamie Naughright. lam giving this Af?davit voluntarily and ofmy own line will and am willing to testify to the above at trial in this matter. [Affidavit of Rodney Riddick] LEAVING KNOXVILLE Because of the Manning incident and other issues at the University of Tennessee, it became clear to Dr. Naughright that her career at Tennessee was over. As stated by Colonel Gene L. Moeller the Assistant Athletic Director for Operations, 1996 incident may have represented the ?straw that broke Jami ?What else can go wrong? and that ?enough is enough? because it might be a signal that other athletes might behave in like or worse manner. [Tab 133 to Affidavit ofSlade Metcaif; statement to Therefore in the fall of 99 Dr. Naughright and the University of? Tennessee entered into a settlement agreement. As part of Dr. Na ughright?s settlement agreement with the University of Tennessee. it was agreed that her employment with the Uni versity would end on June 30, 1998 [Exhibit 60]. She thereupon sent out resumes and sought employment ?For example. at a meeting shortly before the February 29"] incident, Dr. Naughright was I discussing a summary sheet which indicated that the seniors on the football team had been involved in various at risk behavior including criminal behavior and many having grade point averages ot?0.00. Coach Phillip Fultner?s response was to write 1 at the top tit-"the paper. 1 l- ?i was the team record for the previous year. It was obvious to DrrNaughright as to what took priority with Coach Fulmer and it Wasn?t good citizenship or scholastic averages. [Tab 2? Rollo Depo. at pgs. 206-207; Tab 11 - Fuhner Dcpo. at pgs. 92-101] Page 55 "or 74 Filed Polk County Clerk of Court 2003?10-1 5 16:24 with various colleges and institutions. FLORIDA SOUTHERN COLLEGE - LAKELANQ. FLORIDA 1998 In April ot?1998, Dr. Naughright sent a letter to Dean NancyAuman ot?titorida Southem College, in Lakeland, Florida, seeking the position of Program Director of the Athletic. Training Educational Program and faculty positioh at Florida Southern College [Exhibit After a three day interview process, Dr. Naughright was offered the job and she and Florida Southern College negotiated a yearly salary of$45,000 a year [Tab 23 Naughright Depo. Vol. II at. pgs. 222-232 Exhibit 67]. Officially, Dr. Naughright was to start her employment with Florida. Southern College on December I. l998. However, anxious to get started in her new job and new career, she actually started in an un-psid status, in September of 1998. [Tab 23 Naughright Depo. Vol. It at pg. 232] I POST MAY 2001 TO DECEMBER 2091 As stated earlier, when Dr. Naughright returned From South Africa and Found the ?Dr. Vulgar ooth Whited" letter on her door. she was immediately concerned about the manner in which the envelope, containing a Florida Southern logo, was addressed, the fact that it was placed conspicuously on her door, and the fact that she could immediately see that the envelope had been opened. [Tab 24 - Naughright Depo. Vol. Ill at pgs. 69-76] As stated by a student who was waiting that day outside of Dr. aughright?s of?ce: During a day in May onOO 1 was sitting on a chair next to the of?ce of Dr. Jamie Naughright. twee wai ting for Dr. Naughright inasmuch as I was registered in two ofher classes that summer. Dr. Naughn?ght had been in Africa and hadjust returned from her trip on the day in question. Page 56 of 74 Filed Polk County Clerk of Court 200340-15 16:24 Dr. Naughright coming down the hall and approaching her of?ce. I recall her mother being with her. As she was about to enter her of?ce she told me that she would be with me momentarily. I saw her remove an envelope from her door and ask her secretary ?Who opened my mail?? i recall Dr. Nau?ghright?s secretary responding and saying ?Kathy Benn.? i recall Dr. Naughright asking her secretary, ?What is this all about? or words to that effect. i heard her secretary respond to her that ?I?ve been telling you all along. she wants your job" or words very simi lor to that. I. saw her secretary point to the right but no name was mentioned by her secretary. Af?davit ofDerriek Brooks] Kathleen Benn, who opened the envelope when it arrived, was Dr. Naughright?s direct supervisor at Florida Southern College. [Tab 2 Benn Depo. at 24] The person to whom the secretary was referring when she said, ?l?ve been telling you all along, she wants yourjob? was Sue Stanley- Grcen, a subordinate ot'Dr. Naughright, who in Fact was promoted into Dr. Naughright?s oh after Dr. Naughright was later removed as Program Director. [Tab 24 - Naughright Depo. Vol. at pgs. 76-77] Who placed the "Dr. Vulgar Mouth Whited" letter containing the excerpts (in Dr. Naughright?s door is not clear. While Lisa Jewell, of?ce secretary, admits receiving an envelope addressed to Dr. Vulgar Mouth Whited, she insists she placed it in Dr. Naughright?s office after it was opened by Kathleen Benn?). [Tab 15 Jewell Depo. at pg. 49] However, Derrick Brooks, Dr. Naughright, and Dr. Nanghright's mother, are not the only witnesses to the envelope being on the door. The then Of?ce Manager of the Nine B. Hollis Wellness Center at Florida Southern college also saw the envelope: During the second week of May in 200i, I went to the Physical Education Department to see if Dr. Jamie Whited [Naughrigltt] had returned from her trip to South Africa. I went through the front door ot?thc Department and said hello to Lisa Jewell, Physical Education Department Secretary. who was at her desk in the lobby. I turned tell and proceeded to Dr. Whited?s of?ce. door was closed. 1?Lisa Jewell does admit that a faculty member might have taken the enveIOpe out of Dr. Nanghright?s office and placed it on the door. [Tab 15 - Jewell Dcpo. at pgs. 48-49] Page 57 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 However, on the door 1 saw a Florida Southern College envelope, vanilla in color with the blue logo, addressed to Dr. Vulgar Mouth Whi ted. lwas shocked and said, ?Damn, what's this all about?? Liszt Jewell just looked at me from her desk, which is about 10 feet diagonal from Dr. Whited?s office, and did not respond to my question. I then asked Lisa Jewell, ?When is Jamie coming back from her trip?? Lisa responded and said, ?in two days.? [Affidavit of Katie McKenzie] Although Dr. Naughright did not know it at the time, the campaign to use the excerpts from the book Manning to discredit her and to resume her from her position as Program Director had begun in April when the excerpts from the book Manning were being circulated along with excerpts from another book. a book written by tom-tor New York Yankees pitcher, Tommy John. Like Peyton Manning, Tommy John had written a book about his life in sports which contained derogatory references to another lUI'ldt-l Southern College employee, Athletic Director, Mike Roberts. [Exhibit 99] Roberts was not popular at Florida Southern College because ot~ his involvement in the dismissal of long time Florida Southern basketball coach, Gordon Gibbons [Affidavit ol?Jirn Leo Sc Exhibit .99] A long time supporter of Florida Southern College athletics and member of the Sixth Man Club?, in: Lee was very upset over the dismissal of Co ach Gibbons. [Exhibi 99] He subsequently learned ol?thc Tommylohn book and discussed the book with another Florida. Southern supporter and instructor, Dr. E. Lesley Knight. [Af?davit of Jim Lee (S's Tab 17 - Knight Depo. at pg. 3] Dr. Knight, who was also upset over the manner of Couch Gibbons? dismissal, gave Jim Lee copies of the Tommy John book, which Lee then gave to other Florida Southern supporters. [Tab 17 - Knight Depo at pgs. 8-13 Lee also wrote a. letter to Florida "?The Sixth Mun Club is a Very prominent organization which operates as a fund raising group for men's basketball at Florida Southern College and includes many of" the major donors to the College. [Tab 2 - Benn Dope. at 79?90] Page 58 of 74 Filed Polk County Clerk of Court 2003-10-45 16:24 Southern College President, Thomas and included copies of the Roberts excerpts, [Exhibit 99] Along about this time, Dr. Knight had a conversation with long time Florida Southern baseball coach, Chuck Anderson. [Tab 17 - Knight Dcpo at pgs.20-23] Anderson informed Dr. Knight that Dr. Naughright was the trainer referred to in the book Manning. [Tab 17 - Knight Dope. at pg. 2 1] Anderson, who was also at this time the Assistant Athletic Director at Florida Southern, indicated to Dr. Knight that the wrong person [Gordon Gibbons] had been fired and speci?cally mentioned that here had Sued, the word he used, sued University [Tab 1 7 - Knight Depo. at pgs. 21 8.: 5566; Tab 26 Reusehling Dope. Vol. II at pages 160-161]. Dr. Knight testi?ed that Anderson stated: And he [Anderson] indicated they should have fired other people in the department. And he said also, the athletic trainer, he used the words, ?The one that seed the University of Tennessee amount of money," to sue (sic) her. That was it. That was it. We didn't follow up on it. [Tab 17 Knight Depo. at pg. 57]. Assistant Athletic Director Anderson also resented Mike Roberts for interfering with Anderson ?3 coaching of? a baseball player. [Tab 3] - Webb Depo. at pgs. 21-22] Anderson?s wife, Chris, who worked for Roberts at Florida Southern College, also didn?t like Roberts. [Tab 31 - Webb at pg. 22] After the discussion with Assistant Athletic Director Anderson, Dr. Knight went back and looked at the hook, Manning. [Tab 17 - Knight Depo. at pg. 25] He thereafter made copies of the Manning excerpts related to Dr. Naughright. [Tab 17 Knight Dope. at pgs. 29-30] He then shared those excerpts pertaining to Dr. Naughright with certain people he knew and who asked him for copies [Tab 17 - Knight Depo. at pgs. 30.3] 69], including giving copies back to Assistant Athletic Director Anderson. [Tab 17 Knight Dope at pg. 31] Also, during this period of time, the Tommy John excerpts, relating to Flori (ht onthern Athletic Page 59 of 74 Filed Polk County Clerk of Court 2003-10?15 16:24 Director Mike Roberts, were being circulated among the Sixth Man Club along with the excerpts from the Manning book relating to Dr. Naughright. [Af?davits of Ben H. Darby, Jr. and George R. Hudson Tab 17 - Knight Dcpo. at pgs. Ill-34] Hudson, another member ol?tbe Sixth Man Club, recalls reading a ?ve (5) page document at a baseball game [Exhibit which contained both the Mike Roberts and Dr. Naughright cxceqats. [Hudson Affidavit] Hudson states that ?[Bjased on the content of - the document containing derogatory remarks about Mike Roberts and Dr. Jamie Naugbright, the document appears to have been circulated in an attempt to discredit them in their employment at Florida Southern College." (Hudson Af?davit) Excerpts From the'l?ommy John book were even placed in athletic department mail boxes at Florida Southern. [Tab 3] Webb Dcpo. at pgs. I d: 1 5 ~16] and there was a lot of discussion about the excerpts at Florida Southern [Tab 31 Webb Depo. at pgs. 1748] Lois Webb, current Athletic Director at Florida Southern remembers talking about the Roberts excerpts: Q. Okay. And who did you have discussion with? A. I hesitate to name anyone because it was just some information that was so shocking, kind of just something might have been put in your suite ot?o?ices and people all of a sudden are talking about it, because it was not very ?attering news to read. Chris Anderson?s name comes to mind because 1 was, of? course, on that floor level and she was right there as well. [Tab 31 - Webb depo. at pgs. 18-19]. From the time Lois Webb received the Mike Roberts excerpts in her mail box in April or May, it was just a matter of weeks until Mike Roberts was history at Florida Southern College [Tab 31 Webb Depo. at pg 40] Just as the campaign to discredit Mike Roberts successfully within a. short period of time, the campaign to discredit Dr. Naughright would ultimately be successful and bc?ore the end of the year, Dr. Naughright was removed from her position as Program Director. Page 60 of ?74 Filed Polk County Clerk of Court 2003-10-15 16:24 book to obtain the dismissal of Mike Roberts, 50 did certain persons at Florida Southern use the book Manning to obtain the dismissal of Dr. Naughright as Program Director. Certainly, after witnessing what-happened to Mike Roberts and his termination at Florida Southem College, approx imately two (2) months after the book excerpts concerning him were circulated, Dr. Naughright can hardly be considered paranoid For worrying about her future at Florida Southern College. In fact, at the time the Mike Roberts excerpts were being distributed by Sue Steam/?Green and others, Dr. Naughright 's supervisor, Kathleen Benn, told Dr. Naughright that [the excerpts] is what was going to do [Mike Roberts] in." [Tab 24 - Naughright Dcpo. Vol. lit at pg. 83] During the month ofMay, 2001, a Florida Southern College student who, even now is afraid of tetaliatitm by Sue Stanley?Green or others at Flon?dtt Southern College, has provided the court with an Affidavit [tiled herein under sealz?]. In this Af?davit. the student indicates that: Start ot?section tiled under seal: ?in her Af?davit. the student states that while she is giving the Af?davit ofher own free will, she Would request that ?because of" my fear ot?retaliation by Sue Stanley-Green or others at Florida Southern College, I would ask that this Af?davit be ?led with the Conn and not be made available to Florida Southern College or anyone associated with Florida Southern College." The student?s concern about retaliation by Sue Stanley-Green is well tounded. During the deposition process it was revealed that Stanley?Green had recently sent out an e?mai to students Page 61 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24? End ?led under seal: Another-Florida Southem student recalls Dr. Naughright being warned that ?something was going down.? Jamie Ball, at student at Flm?ida Southern College, recalls: During the last week of April 2001. days before my graduation, Lisa Jewell told me that ?something was going down with Sue Stanley- Groon." She also told me that she had seen Ms. Sue Stanley?Green making c0pi cs (which was something Ms. Jewell and I normally did) and that she would keep her eyes open while Dr. Naughright was in Africa. [Af?davit ofJamie Ball] Dr. Naughright was well advised to watch. her back in relation to Sue Stanley?Green, the woman who would ultimately get herjoh. [Tab 6 - Conner Dopo. Vol. I at pg. l89] Stanley?Green was no stranger to digging up dirt on follow or prospective employees at Florida Southern. In April Dr. Naughright had seen Stanley-Green making copies oFaud distributing the. Mike Roberts excerpts. [Tab 24 - Naughright Depo. Vol. at pgs. 8133] Stanley-Green had also previously participated in obtaining what turned out to be unfounded derogatory information on Mike Roberts. [Tab 31 - Webb Depo. at pgs. 3468] As testi?ed by Florida Southern Athletic Director Lois Webb: Page 62 of 74 Filed Polk County Clerk of Court 2003?10-15 16:24 Q. So let?s see it?we can recap this. Sue Stanley-Green, who was not on the search committee for Mike Roberts, had some type of telephone call with someone, who related that Mike Roberts allegedly had an affair with a student; is that correct? A. Correct. [Tab 31 Webb Dcpo. at pgs. 35-36] As previously noted, prior to the April/May time frame of 200 1, when the excetpts from the book Manning were being circulated. Dr. Jamie Naughright was an exemplary and valued employee at Florida Southern College. From the time she joined Florida Southern College in 1998 until the April/May, 2001 time Frame, she was well respected and had no problems whatsoever with administration, Family, or students. Testimony by everyone at Florida Southern is mioquivocal concerning her past performance. Her superior, Kathleen Benn, testified that: Q. Okay. Now at this point in time May, June. July period of time in 2001, Dr. Naughright had been at Florida Southem College for a couple of years; is that a fair statement? A. Yes. Q. And during that period of time, she. had performed very well, is that a fair statement? A. Absolutely Q. And as you said, she certainly didn?t have a reputation as having a vulgar mouth? A. No. Q. And did she dress professionally? A. Yes. Q. Did you ever notice her dressing in an inappropriate manner? Page 63 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 A. Vet, within a short period of time after distribution of the excerpts from the book Manning, issue of?"vulgsr mouth? was raised by a student in a class taught by Dr. Naughright and complaints were made to the Dean of the issues of Dr. Naughright?s past history at Tennessee and the phantom being openly discussed on the Florida Southern College campus. As reluctantly admitted by the Ne. [Tab 2 - Benn Dope. at pg. 69] Dean of Florida Southern College: Q. We note Mr. Manning wrote in his book, ?resulted in a lawsuit charging 35 counts of sexual harassment,? because that?s right here in Mr. Manning?s heck; do you see that? can see it. You know, lreslly have not read it. Right. But we know the University of Tennessee and the alleged lawsuit was MS. BOLGER: Objection. written in Mr. Manning?s book; correct? I haven?t read the book, and I actually haven?t read those pages. We?, let mejust kind of circle here. in Exhibit 100, and it does appear there, doesn?t it? The words appear there. Right. And those same words appear in the notes of one of your meetings that you had with your subordinates in November ot?200l; correct? MS. BOLGER: Objection. Faculty are never subordinates. I?m a Faculty member. I?m just in a different role. No. Two words are there. Lawson Page 64 of 74 Filed Polk County Clerk of Court 2003-10?15 16:24 College about Dr. Naughright?s dress and behavior. Additionally. the cnuessee ?lawsuit? were now and I assume Tennessee is somewhere on the page as well. They are there. They are in my notes. They are on that page. Q. And these people you met with, whether they be your subordinates, eQuals A. They are my faculty. They are faculty at Florida Southern College. Q. Your colleagues, whatever, chose to raise that as an issue in that meeting, did they not? MS. BOLGER: Objection A. I do not believe they raised it as an issue. They explained to me just in those words that. that was out there. There was a lot of conversation. It was brought up. Was it an issue. 1 don?t know. All right. But it was out there, wasn?t it? A. The words University of Tennessee and lawsuit were out there. [Tab 7 - Conner Dope. Vol. II at pgs. 404-405; emphasis added] The effect the distribution of the Manning excerpts had on the way Dr. Naughright was perceived was direct. The Assistant Athletic Director was of the opinion that Dr. aughri gilt should be tired. [Tab 17 Knight Dope. at pg. 57] And certainly no one would suggest that the Sixth Man Club was circulating the Manning excerpts among its membersal in an effort to promote Dr. Naughright to Dean of the College. All of this would take quite a toll on Dr. Naughright and her - ability to Function at Florida Southern College. Page 65 of 74 Filed Polk County Clerk of Court 2003?10-15 16:24 A DIFFICULT TIME - FALL OF 29_0_1_ In May of2001, before the arrival ot?the excerpts from the book Manning, Dr. Jamie Naughright had no reason to suspect that Peyton Manning had chosen to include her in a book which was being distributed throughout the United States. Peyton Manning and the University of ennessec were not even on her radar screen. A year before, she had separated from her husband and had gone through a divorce which had been ?nalized [Tab 22 Naughright Depo. Vol. 1 at pg. l6] and her father had . died in 1999 [Tab 22 - Naughright Dcpo. Vol. Iat pgs. 27-28]. but new, in the spring of 2001, she was happily living in Lakeland, Florida [Tab 22 Naughright Depo. Vol.1 at pgs. 25?28] and her mother had relocated to Lakcland and built a house near her only daughter. [Tab 22 - Naughn?ght Dept). Vol. I at pg. 28] Dr. Naugh right had at all times complied with the terms of the settlement agreement with the University of Tennessee. [Tab 13 - Holt Deporeason, on that May, 2001, morning, when she returned from South Africa, to think that her life, as she then knew it. was about to change forever. Dr. Naughright?s reaction is described by her supervisor, Kathleen Benn: Did she make any comment about the enclosure to you? She was upset about it. Q. Okay. Your observation ofhcr led you to the conclusion that she was upset; is that correct? A. Yes. Yes. Q. What about her demeanor, speech or otherwise led you to the conclusion that she was upset? A. Just the way that she was talking. My impression was she did not know the book existed. And her demeanor. Ijust knew she was upset. Page 66 01' 74 Filed Polk County Clerk of Court 2003?10-15 16:24 Q. You had been around her for long enough that you could tell? A. Sure. Q. Prior to that time, you observed that Dr. Naugln'ight was generally an upbeat persm? A. Upbeat? Q. Upbeat, yes. A. Yes. Q. Okay. So it was obvious to you that this document that was contained in the enyelope upset her and caused her some type 01? anguish that day; i that a correct statement? A. Yes. Q. All right. And what led you to the conclusion that she did not know the book existed? A. Her reaction to the note. Q. Her emotional reaction? A. Her whole reaction. Q. Did she say something that would indicate that she didn't know the book existed? A. I won?t get this quote correct, because I don't, you know, I don?t remember exactly. But it was something to the fact, "My God, he?s written a book." something like that. And I might not be correct in that exact wording. Q. But it was words to that effect? A. Yes. Q. Did she say anything else? A. I don?t recall. It Was a fairly short conversation at that time. Page 67 of 74 Filed Polk County Clerk of Court 2003-10?15 16:24 Q. And when she said, quote, my God. he?s written a book, unquotc, or words to that re?ect, you knew she was referring to Peyton Manning, correct? A. Yes. [Tab 2 - Benn Depo at pgs. 65-67] However, after the distribution of the Manning excerpts, everything changed at Florida Southern College for Dr. Naughright. Individuals who had previously been her colleagues became suddenly critical of her. Students who had previously been respectful ot?hcr become taunting of her, even to the point ol?nsking her about her ?vulgar month" during a class. A student describes this event: As I stated above, during the fall of 200], I was enrolled in a class taught by Dr. Nsughright entitled Issues in Athletics. This was a second level course and there were approximately twenty (20) or more students enrolled in the Class. During one ol'the issues in Athletics classes, Dr. Naughright brought in a special guest speaker to speak to the class on issues sunounding sports law. such as Title 1X. Alter the presentation by the guest speaker, there was 3 question and answer session. During this session one of the students raised an issue with Dr. Naughright and the guest speaker about it having been stated that Dr. Naughright had a ?vulgar mouth.? I recall that the question was asked in a very disrespectful way and that other students sitting next to the student who asked the question were laughing [see Af?davit ofNichole Kay May]. This Change in attitude certainly did not escape the attention of other students at Florida Southern College. Another student stated: to the summer of 2001, after my graduation, I came into the department on a couple of occasions to visit everyone and to say hello. I noticed a significant change in how faculty, staff, and students were treating Dr. Naughright. Their attitudes. body language and behaviors were noticeably cold toward Dr. Neughright. was completely surprised by their behavior. In the past, lhad always seen a lot of respect towards Dr. Noughright. i asked. Dr. Nsughright ?what is going on." She closed the door and told me that Peyton Page 68 of 74 Filed .Polk County Clerk of Court 2003-10?15 16:24 Manning had written a book, included derogatory comments about her in the book, and that a portion of the book was mailed to her of?ce, addressed to ?Dr. Vulgar Mouth Whiteti." F?davit of Jamie Brill]. During the summer of 200 after witnessing the ?ring Mike Roberts, Dr. Naughrigiit became convinced that the fate which bet?ell Roberts, would be hers as well. This conviction haunted Dr. Naugbiight and, combined with the manner in which she was being treated by administration. 11?1011113". and students, caused her to be absolutely convinced that the distribution of the Mamrii-rg excerpts on the Flori a Southern campus and in the Lakeland community would ultimately cost her her?job. This conviction was real and Dr. Nanghright was consumed with worry over the possible loss of a career at an institution where she intended to spend the rest oi? her life. She had put the University of Tennchee years behind her and had moved on. Peyton Manning, contrary to his precious statement in 1997 that ?it?s all behind me," had deliberately and maliciously chosen to take one more swing at Dr. Naughright. Dr. Naughn?ght shared this won}! with her supervisor. "Kathleen Benn: A. I don?t know the exact date. 1 just don?t know. She came into my office again and asked to talk to me. And 1, my guess is it was in July, somewhere in that. somewhere, after. Might have been June, might have been late June, 1 just don?t remember. . Q. But it was 1-1. considerable period of time alterwards as opened! to a few days? A. Right. Okay. A. And she sat down and she said to me and i remember the conversation well, because I was very intent in trying to reassure her. She asked me, could this book put her in Page 69 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 jeopardy at Florida Southern College. Basically she asked me, could I lose my job at Florida Southern College because of this book, was her question to me. And I said absolutely not. That book has nothing to do with Florida Southern, College. Nobody has ever told me you have a vulgar mouth, you know. This book has nothing, absolutely nothing to do with Florida Southern College. And 1 was very clear on that because I Felt very strongly about it. And 1 wanted to reassure her. That in no way would this book have any bearing on her job or position at Florida Southern College. Q. Okay. Did it appear when she came to see you and call it June or?July. We know that we don?t have an exact date, but to differentiate it from the time frame in May. When she came to see you in June or July, did she appear that she was upset or concerned that the book might have some affect on her employment at Florida Southern College? MS. BOLGER: Objection A. She specifically asked me. And when I said no, the book had absolutely nothing to do with Florida Southern College, she said to me, yes, but Florida Southern College is a small Methodist college. Couldn?t this affect me? And lsaid no, Jamie. No one has ever told me you have a vulgar mouth. I have never witnessed you having a vulgar mouth. At. no time would this book affect your position at Florida Southern College. And I was really very clear about that. [Tab 2 Benn Depo, at pgs. 67-08] . Despite Kathleen Bean?s assurances, it is quite apparent from the record in this case, including the af?davits and depositions, that the book did have an affect on Dr. Naughright, her job, her career at Florida Southern College, what people thought-of her, and her future. One of Dr. Naugh?ght?s co-workors in the athletic arena, a cheerleading coach at Florida Southern College, has stated that the affect was quite apparent: Page 70 of 74 Filed Polk County Clerk of Court 2003?10?1 5 16:24 After Dr. Whitcd returned from Africa and after 1 saw the envelope posted on Dr. Whited?s door, I noticed a marked change in the attitude of? the Athletic Training Educational Program personnel to, Dr. Whitcd. Whereas in the past these individuals had been very Friendly to Dr. Whited and treated her with respect. they suddenly became cool and less friendly to Dr. Whitcd. They no longer appeared to treat Dr. Whited with respect and appeared to exclude Dr. Whitest from Program matters. During this period of time there were many closed door meetings between members ofthe Program which did not include Dr. Whited. One of my co-workers, Brendalon Melchiorrie. remarked to me that ?something was going on" regarding Dr. Whited. It clearly appeared to me that subsequent to May of 2001, the attitude of Florida Southem College personnel changed in relation to Dr. Whited and from the time she returned item Africa. she was no longer a valued employee at Florida Southern College. As a speci?c example, in November of? 2001. I saw one of Dr. Naughright?s subordinates in the Athletic Training Educational Program basically tell her to ?shut up? in front of an entire group of people, including my cheerleaders, the men?s basketball team, and fans ot?Florida Southern College. the conduct was totally inappropriate and disrespectful to Dr. Whited and totally the opposite of? the way he conducted himself around Dr. Whith prior to May of 2001 f?davit ofKatie McKenzie]. The record is replete with examples of the ways in which faculty and staff'of Florida Southern College started nit-picking little things involving Dr. Naughright. They complained to the Dean of the College about what a student said Dr. Naughright wore to a car wash [Tab 6 - Conner Dope. at pgs. 96-97; Exhibit 421], they complained about Dr. Naughright giving out a staleember's cell phone number even though that number was posted on the wall for all-the world to see [Tab 16 - Kane Depo. at pgs. 74-83 dc Exhibit 79], and they complained about her use ole?mails as a. manner of communication. [Tabs 7 at 8 - Conner Dcpo. at pgs. 90 Nothing was too little or small to complain about. They even complained about Dr. Naughright?s grict?over the death of? one of her students [Tab l6 - Kane Dope. at pgs. 58~60 69-73 of Kane deposition; Exhibit 420] and for Page 71 of 74 Filed Polk County Clerk of Court 2003?10-15 16:24 taking a phone call from her doctor [Exhibit 421] The handwriting was on the wall. Dr. Jamie Naughright could do nothing right and would soon be history as Program Director and would be gone for good when her yearly teaching contract expired. Even after Dr. Naughright Ieft Florida Southern College. the disrespect caused by the dissemination of the book Manning continued unabated. A student who returned after the Christmas 200] break noted: During the first couple of weeks in January, 2002, various faculty and staff members at Florida Southern College were making numerous derogatory remarks about Dr. Naughn?ght and even indicated that the environment would be better without Dr. Naughright. This disrespect toward Dr. Naughright was consistent with what I Was seeing in November and December of2001. when faculty, staff. and students appeared to be disrespectful to Dr. Naughright [At'?davi ol?Niehole Kay May]. Nichole Kay May was not alone in this observation. Another student, whose af?davit is ?led under Seal noted that: Start In" section ?led under seal: End of section ?led under seal: As a direct result of the publication ofthe book Meaning and the dissemination ol? the excepts at Florida-t. Southern College, Dr. Jamie Neughright was removcd as Program Director, the very position for which she interviewed in 1998 and For which she was hired. This demotion, regardless Page 72 of 74 Filed Polk County Clerk of Court 2003-10-15 16:24 of whether or not she could have continued to teach until her contract ran out a year later, made staying at Florida Southern Col lege untenable for both Dr. Naugliright and Florida Soythem College. As stated by President Reusehing, ?At some point in the negotiations it probably was apparent to all ol.'us, through the negotiations, that there probably was not a salvageable positive relationship there." [Tab 25 - Reusehling Depo at pgs. 57-58 It was time for Dr. to move on. Unfortunately, "even though quali?ed For positions forwliieh she subsequently applied. she was not even granted interviews [Exhibits 85-87] When Dr. Naughright ?rst saw the excerpts which had. been placed on her door in May of 001 . she knew that ultimately they oeuld lead to her leaving Florida Southern College and could damage her career opportunities. She was tight and in December ot?ZOO'l she left Florida Southern College for the last time. She left, not to embark upon a new career experience, but to attempt to right a wrong. This lawsuit is that attempt. PETERSON dz. MYERS. PA. Robert/E. Puterbaugh Florida Bar No. 120371 45-1 eplten R. Scott Fierida Bar No. 0833878 Post Of?ce Box 24628 Lakeland, Florida 33802 (863) 683?6511 Attorneys l?or Plainti IT, Jamie Ann Naughright Page 73 of 74 Filed Polk County Clerk of Court 2003?10?15 16:24 CERTIFICATE OF SERVICE I HEREBY CERTIFY that :1 ?er and Contact capy of Ithe above and foregoing has been Furnished via overnight Federal Express and Fax on this 15 day of October, 2003 to: Slade R. Mctcalf and Katherine M. Bolgcr,_ of the ?rm Hogan Hanson, L.L.P., 875 Third Avenue, New York, New York, 10022. WK OBERT E. PUTERBAUGH Pagc 74 of 74 Filed Polk County Clerk of Court 2003?1045 16:24