IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE DEBORAH K. JENNINGS, Plaintiff, vs. No.: 3:12-cv-00507 JURY DEMANDED THE UNIVERSITY OF TENNESSEE, and Dave Hart Defendants. AMENDED AND RESTATED COIVIPLAINT COMES now the Plaintiff, and as "of course" and pursuant to the Federal Rules of Procedure hereby amends the Complaint by tiling this Amended and Restated Complaint, she sues the Defendants, and for cause of action would show unto this Honorable Court as follows: TABLE OF CONTENTS II. The Parties Jurisdiction, Venue, and Applicable Statutes IV. Historical Background: University of Tennessee, Wornenfs Athletics, Title IX, 2 2-3 Joan Cronan, Coach Pat Summitt and Her Legacy, and the Lady Vols 3-9 V. The University of Tennessee's Honorable Beliefs and Traditions and Its Legal Obligations 9 -10 VI. The Consolidation of the Women's and Men's Athletic Departments, Culture of Intimidation, Dave I-Iart's Lay-Offs, and the Adverse Impact on Female Employees 1 0-18 VII. Debby Jennings' Career and Acts of Discrimination, Retaliation, and Hostile Environment During the Consolidation Process Debby Jennings' Forced Retirement, Coniiscation of Her Computer, and Her Few Remaining Duties _Given to a Younger Male 1 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 1 of 46 PageID I8-34 34-36 99 IX. Post Termination Retaliation and Request for UT-K to Preserve Evidence 3 6-42 X. Mr. Hart's Background and Prior Acts of Discrimination 4 3 XI. Illegal Discrimination and Retaliation Statutory Violations and Damages 43-45 XII. Prayer for Relief . 45 II. THE PARTIES 1. Plaintiff, Deborah K. Jennings, is a citizen and resident of Knoxville, Knox County, Tennessee, and she is the former Associate Athletic Director for Media Relations at the University of Tennessee-Knoxville, and was a 1977 graduate of UT-K was a B.S. Degree in Communications and completed a nuinber of hours toward her M.S. Degree. 2. Defendant, University of Tennessee-Knoxville (hereinafter is a land grant university established and authorized under the laws of the State of Tennessee, which provides undergraduate and graduate educational programs at various campuses located inthe State of Tennessee, including, but not limited to, the campus located in Knoxville, Tennessee. The Defendant may he served through Catherine Mizell, Office of General Counsel, 719 Andy Holt Tower, Knoxville, Tennessee 37996-0170. 3. Defendant, Dave Hart, is the Athletic Director of UT-K. IH. JURISDICTION VENUE AND APPLICABLE STATUTES 4. Jurisdiction is founded upon Federal Question, 28 U.S.C. 1331, 29 U.S.C. 206, 20 U.S.C. l68l(a), 29 U.S.C. 7 94, 42 U.S.C. and 42 U.S.C. 12101, er. seq., and the doctrine of Supplemental Jurisdiction, 28 U.S.C. 1367. Venue is proper under the code provisions cited herein and 28 U.S.C. i391(h) and 5. The Defendant, UT-K, employs more than five hundred and one (501) employees. 2 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 2 of 46 PagelD 100 6. At all times stated herein, Defendant, UT-K, was, and currently is, an employer subject to the provisions of The Equal Pay Act of 1963, 29 U.S.C. 20 7. At all times stated herein, Defendant, UT-K, was, and cuirently is, an employer subject to the provisions of Title ofthe Education Amendments of 1972, 20 U.S.C. 1681(a). 8. At all times stated herein, UT-K received Federal Financial Assistance. 9. At all times stated herein, Defendant, UT-K, was and currently is, an employer subject to the provisions ofthe Rehabilitation Act of 1973, 29 U.S.C. 794. 10. At all times stated herein, Defendant, UT-K, was, and currently is, an employer subject to the provisions of Title V11 of the Civil Rights Act of 1964, 42 U.S.C. 2000(e), et seq. ll. At all times stated herein, Defendant, UT-K, was and currently is, an employer subject to the provision of the Americans with Disabilities Act, 42 U.S.C. 12101, et seq. 12. At all times stated herein, Defendant, UT-K, was and currently is an employer subj ect to the provisions of the Tennessee Human Rights Act, Tenn. Code Ann. 4-21-101, et sq. and Tenn. Code Ann. 8-50-103. IV. HISTORICAL BACKGROUND: UNIVERSITY OF TENNESSEE ATHLETICS TITLE IX COACH PAT SUMMITT AND HER LEGACY AND THE LADY VOLS 13. UT-K is well>>respected institution of higher education that is rich in tradition and history, and is held in the highest esteem by all that love her, including Plaintiff 14. UT -K is one of the oldest public Universities in the United States. 15. UT-K originally opened in 1794, two (2) years before Tennessee became a State, under the name Blount College. 16. In 1807, the University's name was changed to East Tennessee College. 3 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 3 of 46 PagelD #z 101 17. The University closed for approximately ten (10) years in 1809, and reopened in 1820. 18. The University's name was changed again in 1840 to East Tennessee University. 19. The University closed again for several years during the Civil War and its buildings were used as a hospital for Confederate troops and were later occupied by U.S. troops and classes were resumed in 1866. 20. In about 1869, the Tennessee State Legislature designated UT-K as the state's federal land-grant institution. 21. ln 1879, the Tennessee State Legislature changed the school's name to its present name: The University of Tennessee. 22. UT-K instituted men's intramural baseball teams in the 187 0's, and had its first football team in 1891. 23. The UT-K's Band, the Pride of the Southland, was formed in 1869, and played at its first football game in 1901. 24. From 1794 through 1892, UT-K allowed men only. 25. ln 1893 the first female students were admitted to UT-K. 26. As of the date of the tiling of this Complaint, the tnajorigg of students currently enrolled at UT-K are women. 27. The women's athletic program at UT-K first began in 1899 with sports such as golf, tennis and rowing leading the way under the direction of Ms. Anne Gibson of the Women's Physical Training Depaltment at UT-K. 28. The women's basketball team at UT-K played its iirst intercollegiate game in 1903. Consistent with the Volunteer spirit, the women's basketball team at UT-K elected to play by men's 4 Case Document 4 Filed 10/03/12 Page 4 of 46 PagelD 102 and the women's basketball team was in existence six (6) years before the formation of the intercollegiate men's basketball team at UT-K. 29. On March 20, 1920, the first "gender eguig" meeting was held at UT-K. The female student-athletes wanted "fuller recognition for their athletic Work," and sought increased funding from the university's Athletic Council. Additionally, they sought permission from the Administrative Council for off-campus travel similar to the men's varsity travel. The Knoxville Journal and Tribune reported that the UT women delivered their resolutions at a meeting attended by \vomen's basketball coach Mary Ayres (daughter of the late UT-K President W. Brown Ayres for whom Ayres Hall was named), Dean of Women Students, Caroline Carpenter, and Captain John R. Bender, professor in charge of the (men's) athletic department. As a result of that meeting, the UT-K female student-athletes earned the right to travel out-of-state. 30. On August 18, 1920, courageous legislators from the State of Tennessee voted to ratify the 19'h Amendment to the U.S. Constitution giving women the right to vote. Tennessee's ratification was the deciding vote allowing the 19th Amendment to become the law of the land. 31. in 1926, Athletic Department committee, under Dean Nathan Doughe1ty's leadership, decided it was in the "best interest" of the female students to discontinue the Woinen's basketball program at UT -K. 32. Women's basketball was picked up again at UT-K in 1960. Thereafter, Coach Joan Cronan Went 8-10 over two seasons before being replaced by Margaret Hutson, who coached for four years with a 60-18 record. 33. In 1961, African American undergraduates were admitted to UT-K for the first time and in 1967, UT-K signed its first African American athlete. 5 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 5 of 46 PagetD #2 103 34. On June 23, 1972, Title IX was signed into law by President Richard M. Nixon. El; IX's intent wasn't to promote women's sports, but to end discrimination based on gender in federally funded education venues. 35. The positive impact of Title IX on women's sports has been significant. According to one study in 1972, about 290,000 girls played high school sports, and by 2011, more than three (3) million girls played high school sports. 36. After Title IX became law there was some resistance amongst the main stream athletic leadership at UT-K to accept the mandates of Title IX and, throughout her career, the Plaintiff was an unwavering advocate for the mandates of Title IX and gender eguity. 37. In 1974, Pat Head was named the new coach of UT-K's Lady Vols basketball team. Coach Head had previously played women's basketball for the UT-Martin Pacers (now known as the Skyhawks), and had just graduated. 38. In 1976, the Women's Athletic Department at UT-K was officially recognized and was funded by UT-K. 39. Coach Pat Head Summitt coached the Lady Vols basketball team from 1974 through the 2011-2012 school year for a total of 38 years, and compiled an unmatched record of 1,098 wins and just 208 losses. During Coach Summitt's career, from 1977 forward, the Plaintiff, Debby Jennings, was with Coach Sumrnitt every step of the way, and Debby Jennings was admittedly loyal to Coach Surnmitt. 40. Joan Cronan was hired as Wornen's Athletic Director in 1983 and under her most recent contract was going to sewe in that capacity through June 2012. Joan Cronan was asked by UT-K Chancellor, Jimmy Cheek, to serve as Interim Vice Chancellor/Director of Athletics beginning in June of20l1. 6 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 6 of 46 Pageli) #2 104 4l. Joan Cronan was the highest ranking woman in the UT-K Athletic Department since 1983 and a nationally recognized administrator for almost four decades. Under her leadership, Joan Cronan assembled a talented staff of dedicated professionals to run the Women's Athletic Department and she fostered an atmosphere of openness and inclusion of men and women. She established an athletic department where passionate and hardworking employees were encouraged to be proactive in problem solving and not reactive as they fulfilled their mission of providing the best possible experience for student athletes consistent with the history and rich traditions of UT-K While bestowing honor upon their beloved institution. Under Joan Cronan's leadership, employees were encouraged to speak their minds with fear of retaliation and employees were expected to bring up any issues that, if left unaddressed, could adversely affect or reflect poorly on UT-K's Wornen's Athletic program pr on the University of Tennessee. During Joan Cronan's leadership, the UT-K's Women's Athletic program achieved unparalleled success. 42. Under Coach Pat Summitt, the Tennessee Lady Volunteers basketball team won eight NCAA Division I titles (1987, 1989, 1991, l996, 1997, l998, 2007, 20081, the most in \vomen's college basketball history. Coach Pat Surnmitt became the all-time winningest basketball coach in NCAA @Qy. Coach Surnrnitt's l,000th victory occurred on February 5, 2009. Coach Sununitt maintained a l00 percent graduation rate for all players who finished their career at UT-K. 43. The combined impact of Title IX, Joan Cronan's superb leadership, and Coach Pat Summitt's character, personaligg, and success at UT-K on wo1nen's sports has been tremendously Pat Sunimitt and Joan Cronan refused to accept mediocrity, and throughout their careers they accepted nothing less than excellence, both in terms of Wins and losses, in terms of running clean programs, and in terms of developing the student athlete to their maximum potential ultimately leading to their graduation from UT-K. By 2012, UT-K had approximately 200 female student athletes 7 Case Document 4 Filed 10/03/12 Page 7 of 46 PagelD #z 105 participating on 11 teams, and the Lady Vols name became a well-respected and nationally-recognized s@bol of high character, scholastic achievement, and athletic excellence. Joan Cronan and Pat Surmnitt embody the spirit and traditions of UT-K going back to 1794. 44. In her role as the Media Relations Director of the Wonien's Athletic Department, the Plaintiff worked with the state, local and national media to chronicle the news of every Coach Sumrnitt and Lady Vol achievement from 1977 forward. 45. In the summer of 2011, Coach was diagnosed with early onset dementia and t111e to her character, she decided to go public with this sad news. The Plaintiff was entrusted by the UT-K hierarchy, Chancellor Dr. Jimmy Cheek and Interim Vice Chancellor/Director of Athletics, can Cronan, to conceptualize, prepare and initiate all facets ofthe press release announcement of Coach Pat Summitt's diagnosis of early onset dementia. The Plaintiff was also entrusted with handling the avalanche of requests by the world media who immediately reacted to the biggest sports story ever to come out ofthe University of Tennessee. 46. In _March of 2012, UT-K Athletic Director, Dave Hart, had a meeting with Coach Suinmitt as hereinafter described, and on April 18, 2012, Coach Pat Summitt stepped down as Head Coach of the Lady Vols after signing an agreement with UT-K where she would be Head Coach Emeritus for a year through April 30, 2013, and Holly Warlick replaced her. Debby Jennings was forced to retire shortly thereafter. 47. It's almost impossible to quantify what Pat Sumrnitt's legacy has meant to the world of collegiate athletics as a trailblazer advocating for the growth and the acceptance of female student athletes, not just basketball players, since the dawn of Title IX. Seine say she "transcended her sport," others compared her to a female version of James Naismith, or rnen's basketball coaching legend, John Wooden. Sumrnitt built a program by demanding excellence and teaching life skills and life lessons to 8 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 8 of 46 Page-ID #1 106 all of those around her and through her example of hard work, dedication, and by never compromising to take a shortcut. Her model of success was what every other program aspired to be and she did it with her philosophy: "You win in life surrounded by good people." know what Pat stands for: excellence, strength, honesty and courage," former UT-K Athletic Director, Joan Cronan, told the Washington Pos! in 201 1. V. THE UNIVERSITY OF HONORABLE BELIEFS AND TRADITIONS AND ITS LEGAL OBLIGATIONS 48. The leadership of the UT-K athletic department, even the top leadership, should follow all laws prohibiting discrimination and/or retaliation and if they do not, they should be disciplined or tired. 49. UT-K's employees, even athletic department employees, should be encouraged to oppose and/or confront illegal and discriminatory behavior in the workplace. 50. Employees of UT-K, even athletic department employees, should not be punished or considered disloyal merely because they challenge illegal behavior or discrimination in the workplace. 51. If one or more supervisory employees in the athletic department at UT-K, even members of the top level leadership, discriminate against female employees, their behavior should not be condoned or covered up by UT-K, 52. Female employees in the UT -K Athletic Department have the same rights men do when it comes to earning a living, and they should receive the same compensation as male employees for equal work. 53. Older employees in the UT-K Athletic Department have the same rights as younger employees when it comes to earning a living. 9 Case 3:12-cv-00507 Document 4 Filed Page 9 of 46 PageID #z 107 54. No UT-K employee is above the laws that prohibit age, sex, and race discrimination just because they hold a position of leadership. - 55. UT-K supervisors, even high level supervisors, should never threaten employees and/or use intimidation tactics in order to keep the employees from telling the truth during a legal proceeding. 56. If UT-K supervisors use intimidation andfor threat tactics in order to try to keep employees from telling the truth during a legal proceeding, they should be disciplined or fired. 57. If a person in a leadership position in the Athletic Department, discriminates or retaliates against an Athletic Depaitrnent employee, (even a lower level employee), they are in violation of the ideals and values and policies of UT-K, and such action should not be tolerated. 58. A responsible institution such as UT-K should obey all laws that prohibit discrimination in the work place, and it should follow the mandates of Title IX. 59. UT-K believes that female employees and male employees should be treated gigahy and gender discrimination should be tolerated. 60. UT-K believes that older employees should be treated equally with younger employees and age discrimination should be tolerated. 61. The Athletic Department at UT-K is exempt from the laws prohibiting sex, race and age discrimination. I 62. The laws prohibiting sex, race, and age discrimination apply to the employees of the athletic department the same as they apply to other employees at UT-K. VI. THE CONSOLIDATION OF THE AND ATHLETIC DEPARTNLENTS CULTURE OF INTINHDATION DAVE LAY-OFFS AND THE ADVERSE ON FENIALE EMPLOYEES 10 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 10 ot 46 PageID 108 63. The Plaintiff enjoyed" a very successful career at UT-K and by 2009, she was responsible for the Media Relations oversight of ii Lady Vols sports; she was responsible for a budget of over half a million dollars; she was responsible for the direct supervision of the media efforts for Lady Vols basketball; and she was responsible for the supervision of three (3) full-tirne employees, four (4) graduate assistants, and numerous practicum and student employees. 64. During the consolidation process of the rnen's and wornen's athletic departments, Plaintiffs career, and the careers of other female employees of the athletic department, took a turn for the worse under the leadership of Chris Fuller, Stanton, and Dave Hart 65. During the consolidation process, the Plaintiff was marginalized and ostracized, and she was denied employment opportunities due to her gender, and/or age (first when imrny Stanton (3 8) wp and later when Jason Yellin (38) was hired), and she was gradually stripped of her duties and responsibilities. 66. By the time she was forced to retire on May 15, 2012, as hereinafter stated, the Plaintiff had zero (0) direct reports, she had no budgetary responsibilities, and she had only limited media duties connected to Lady Vols basketball. immediately after her forced retirement, P1aintiff's few remaining duties were assigned to a male. 67. During the consolidation process, younger males were hired by the UT-K athletic department gin non-coaching roles) and were placed in positions of leadership, including Jimmy Stanton (age 38), Jason Yellin (age 38), Jon Gilbert (age 44), and Mike Ward (age 35). During the same time period, no Women were hired and placed in comparable positions of leadership. 68. Although Joan Cronan was under contract to serve as Women's Athletic Director through June 30, 2012, Dave Hart assumed total control of both departments on September 5, 2011, thereby 11 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 11 of 46 PagelD #1 109 marginalizing Joan Cronan almost immediately despite her contract and her record of unparalleled success as an Athletic Administrator. 69. Under their leadership and during the consolidation process, Mr. Hart, Mr. Fuller and Mr. Stanton fostered a culture of intimidation and hostility in the Athletic Department where employees uestionin them or their ideas in an manner were re arded as "dislo al" or "divisive" even if the were Questioning potential illegal actions, such as discrimination and retaliation. For example, even after Plaintiff' forced retirement, Mr. Hart has given the veiled example of the Plaintiffs and Bud Ford's terminations as examples of what can happen to other Athletic Department employees if they question the Athletic Depaitment's leadership in any manner. The Plaintiff respectfully submits that such a culture does a disservice to our beloved institution and those that foster it should be trained or retrained if possible, in the core values and in the traditions of those great men and women who came before them at UT-K. 70. On Friday, April 13, 2012, as the consolidation of the men's and \vomen's athletic departments continued at UT-K, Dave Hart, implemented layoffs in the Athletic Department and fifteen (15) employees were selected to be laid off. Of the 15 (fifteen) employees laid off, twelve 12 1, or 80%, were female, and three 13), or 20% were male. 71. Mr. Hart made the decision on who would be laid off and who would be retained in the Athletic Department. (See U.T. April 16, 2012 Press Release: Exh. 1, and Hart's 4/11/12 Memorandum to Jimmy G. Cheek: Exh. 2). 12 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 12 of 46 PageID #z 110 72. DAVE APRIL 13 2012 LAY OFFS AT THE ATHLETIC DEPARTMENT AT UTae. MALES OFF FEMALES LAID OFF [See Exh. 1 and 2] 73. After Dave Hart's layoffs occurred on April 13, 2012, of the eight Q31 Executive Staff ositions in UT-K's Athletic De ertment seven 7 or 87.5% are males and onl one 1 or 12.5% ?Dom1a Thomas) is a female. (See Exhibits 1 and 2) 13 Case 3:12-ev-00507 Document 4 Filed 10/03/12 Page 13 of 46 PagelD #1 111 74. EXECUTIVE STAFF IN ATHLETIC DEPARTMENT AT UT-K AFTER DAVE APRIL 13, 2012 LAYOFFS MALES FEMALES [Source - See Exhibits and 2] 75. After Mr. HBITSS layoffs occurred on April l3, 2012, the persons employed in Executive Staff positions in the UT-K Athletic Department were as followsDave Hart Jon Gilbert David Blackburn Chris Fuller Bill Myers Donna Thomas Mike Ward Jimmy Stanton Executive Staff After Layoffs: Vice ChancellorXDirector of Athletics Executive Senior Associate Athletic Director (also rnen's basketball administrator) Senior Associate AD for Administration (also football sport administrator) Senior Associate AD for Development and Extemal Relations Senior Associate AD for Business Operations/CFO Senior Associate/Senior Woman Administrator (also vvornen's basketball and Track Field sport administrator) Senior Associate AD for Administration and Sports Programs (also softball and Women's soccer sport administrator) Associate AD, Communications 14 Case 3:12-cv-00507 Document 4 Filed Page 14 of 46 PagelD #1 112 76. NCAA By-Laws expect member Athletic Departments to have at least one female in the executive staff management level positions. 77. As reflected herein, the UT-K Athletic Department has met the bare minimum of NCAA By-Law requirements by having one female in an Executive Staff position. 78. After Mr. Hart's April l3, 2012 layoffs, of the fifteen 15) members of the Senior Administrative Staff in the UT-K Athletic Department, (thirteen (13), (or 86.7%) are males, and just 3 Q), (or l3.3%) are females (Angie Boyd-Keck and Dara Worrell). (See Exhibits and 2) 79. SENIOR ADMINISTRATIVE STAFF IN UT-K ATHLETIC DEPARTMENT AFTER DAVE APRIL 13, 2012 LAYOFF 14 7 1 MALES FEMA LES 80. After Dave Hart's lay-offs occurred on April 13, 2012, the Senior Administrative Staff of the UT-K Athletic Department consisted of the following: 15 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 15 of 46 PageID #2 113 Senior Administrative Staff After Lay-offs: 1. Ron McKeefery Director of Strength and conditioning 2. Todd Dooley Assoc. AD for Compliance 3. Jason McVeigh Director of Sports medicine 4. Tyler iohnson Assoc. AD for Business/Internal affairs 5. Brad Pendergrass Dkector of Football operations 6. Kevin Zurcher Asst. AD for Facilities 7. Joe Arnone Assoc. AD for Tickets 8. Greg Halen Assoc. AD for Development 9. Jason Yellin Asst. AD Media Relations 10. David Elliott Asst. AD for Event management 11. Doug Kose Thomas Moats Academics Asst. AD for Sales and Marketing Director of IT Services Position is open 12. 13. Sport Administrators 14. Carmen Te gano 15. Angie Boyd-Keck Assoc. AD/Baseball Assoc. AD, Business Office and Golf, Volleyball and Rowing sport administrator Assoc. AD/Housing/dining and MIW Swimming and Tennis sport administrator 16. Dara Worrell [See Exhibit 1 and 2] 81. As of the date of the tiling of this Amended and Restated Complaint, of the twenty-three ?23) Executive Staff and Senior Administrative Staff. level positions in the UT-K Athletic Department, twent 20 or 87% are males and ?ust three 3 or 13% are females and zero are African American. 16 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 16 of 46 PagelD #2 114 82. IN THE UT ATHLETIC DEPARTBIENT EXECUTIVE STAFF AND SENIOR ADMINISTRATIVE STAFF AFTER APRIL 13, 2012 LAYOFF AT UT-K 3 .15n.MALES FEMALES AFRICAN MEFHCANS [See Exhibits and 2] 83. As of the date ofthe filing of this Amended and Restated Complaint Complaint, Athletic Department has been unable to find a single qualified African American for an executive staff or senior administrative staff level position. 84. During the reorganization process in 2012, Wornen's Associate Athletics Director for Sports Medicine, Jenny Moshak and Assistant Athletics Director for Strength and Conditioning, Heather 17 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 17 of 46 PagelD #2 115 Mason, who had been frequently published, nationally recognized, and honored by their professional organizations, were combined into men's athletics and their male counte1"pa1"ts on the n;1en's side became their supervisors. 85. Ienny Moshak and Heather Mason were effectively demoted during the Their dernotions occuired after they had filed EEOC complaints against UT-K. 86. The consolidation of the men and Women's athletic department at UT-K has had an adverse impact on the female employees, including the Plaintiff. VII. DEBBY CAREER AND ACTS OF DISCRIMINATION RETALIATION AND HOSTILE ENVIRONIVIENT DURING CONSOLITATION PROCESS 87. Following her graduation from UT-K in June 1977, the Plaintiff was hired by UT-K on August l, 1977Graduate Assistant Spoits Information Director in the Women's Intercollegiate Athletic Department. 88. In her position as Graduate Assistant Sports information Director, the Plaintiff was charged with creating and implementing the first UT-K Won1en's Athletic Department Media Relations Office and she successfully fulfilled this job assignment which resulted in her employment on a fulltime basis in August 1978 as the first Lady Vol Spoits Infomation Director. 89. The Plaintiff was promoted to UT-K Assistant Athletic Director for Media Relations in 1988. 90. The Plaintiff successfully ran the Women's Athletic Departnient's Media Relations Office from 1977 until 2009 when the men and Women's Media Relations Departments were consolidated. 18 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 18 of 46 PagelD #2 116 91. The Plaintiff was appointed as an Adjunct Professor, University of Tennessee College of Education in 1991 and she retained that appointment until she was forced to retire on May 15, 2012. 92. The Plaintiff was promoted to the position of UT-K Associate Athletic Director for Media Relations in July 1998. 93. The Plaintiff was continuously employed by UT-K until May 15, 2012. 94. During Plaintiffs employment with the Defendant, she was a loyal hard working employee of UT-K, she always gave 110% and she was a team player always striving to do what was best for her beloved institution. 95. During Plaintiff' employment with the Defendant, she received numerous raises. 96. At the time of the Plaintiff' termination of her employment, she was 57 years old. 97. During her employment with the Defendant, she did not receive any disciplinary write- ups. 98. During Plaintiffs employment, she received numerous compliments, and numerous local, state and national awards. 99. During her employment with the Defendant, the Plaintiff was: 0 National Publicity and Promotions Director ofthe 1978 AIAW National Track Field Championships, Knoxville, Tenn. . 0 Appointed Chief Press Officer, USA Basketball, 1979 Pan American Games Women's Basketball Trials, Knoxville, Tenn. Appointed as the first female media liaison coordinator by the United States Olympic Committee forthe 1979 National Sports Festival basketball, field hockey, MIW volleyball), Colorado Springs, Colo. 19 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 19 of 46 PagelD 117 Publicity and Promotions Director of the 1979 USA vs. USSR Women's Basketball All Star Game in Knoxville, Tenn. Co-Publicity Director of The Athletics Congress 1980 Junior National Track Field Championships, Knoxville, Tenn. Appointed as a press services officer by the United States Olympic Committee for the 1981 National Sports Festival (media liaison for \vornen's basketball), Syracuse, N.Y. Publicity and Promotions Director at the 1982 United States Junior Olympic Volleyball Championships, Knoxville, Tenn. - Appointed as a press services officer by the United States Olympic Committee forthe 1982 National Sports Festival (basketball, diving and track 81, field), Indianapolis, Ind. Appointed Chief Press Officer, USA Basketball, 1983 Pan American Games Women's Basketball Trials, Colorado Springs, Colo. Appointed as a press services liaison officer by the United States Olympic Committee for the 1983 World University Games (basketball, diving and volleyball), Edmonton, Alberta, Canada. Appointed Chief Press Officer, USA Basketball, 1984 United States Olympic Games Team Womerfs Basketball Trials, Colorado Springs, Colo. Appointed to the United States delegation to the Games ofthe XXHI Olympiad as the wornen's basketball press services liaison officer by the United States Olympic I Committee for the 1984 Los Angeles Olympic Games (women's basketball), Los Angeles, Calif. Appointed as a press services liaison officer by the United States Olympic Committee for the 1985 United States Olympic Festival (basketball, equestrian), Baton Rouge, La. 20 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 20 of 46 PagelD 118 Appointed as the men's and \vomen's basketball press services liaison officer by the United States Olympic Committee for the 1986 United States Olympic Festival, Houston, Texas. Appointed as a press services liaison officer by the United States Olympic Committee for the 1987 Pan American Games (MJW diving and team handball), Indianapoiis, ind. Appointed as the chief press attach? by the United States Olympic Committee forthe USA delegation to the 1989 Universidad Games (basketball, fencing, rowing and track fieid), Duisburg, Germany. The Media Relations Director ofthe 1990 NCAA Women's Final Four Basketball Championships, Knoxville, Tenn. Served as the Co-National Media Relations Director of the 1995 NCAA Men's and Women's Track Field Championships, Knoxville, Tenn. Appointed as a media liaison press attach? bythe United States Olympic Committee to coordinate USA athlete post-competition interviews at the Olympic Track Field Stadium, Games of the XXVI Olympiad in Atlanta, Ga., 1996. Elected as the first female president of the Southeastern Conference Sports lnfomiation Directors for a two>>year term, 2000-02. During her employment, the Plaintiff served as editor for hundreds of award-wiiming Lady Vol Media Guides as well as authoring or co-authoring the following books: Co-authored BASKETBALL, a textbook forthe W.C. Brown Company, with Coach Pat Head Sninmitt, 1991. Co-authored LADY MAGIC: The Autobiography of Nancy Lieberman-Cline for Sagamore Publishing with Nancy Lieberman-Cline in 1992. 21 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 21 ot 46 Page|D 119 0 Co-authored BASKETBALL: Fundamentals and Team Play, a textbook for Times>>Mirror with Coach Pat Head Summitt, 1996. 0 Authored "The University of Tennessee Basketball Vauit: The History of Lady Vols Basketball" for \Vhit1'nan Publishing, LLC, 2008. 101. During her employment, the Plaintiff received the following AWARDS: 0 Recipient of the l99l Recognition of Patriotic Service by the Tennessee Aztmy National Guard awarded to a citizen Who has demonstrated exceptionally dedicated performance and voluntary outstanding service and support, Ft. Stewart, Ga. 0 Named the first collegiate media relations director to receive the Mel Greenberg Award for lifelong contributions to Wornen's basketball presented bythe Basketball Coaches Association in 1995. I Only the third female to be inducted into the College Sports Information Directors of America (COSIDA) Hall of Fame, Rochester, N.Y., 2002. Knoxville (Tenn) Mayor Victor Ashe proclaimed it "Debby Jennings Day" on Nov. 26, 2002, and that night she was honored in a ceremony for 25 years of service at the Lady Vol basketball game. inducted as a member of the College Sports Infonnation Directors of America Quarter Century of Service Club, 2003. 0 Just the second female to be presented the Arch Ward Memorial Award by the College Sports Information Directors of America for "inspiring excellence in, and bringing dignity to, our profession through her relationships with press, radio and television and her colleagues," Tampa, Fla., 2008. 22 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 22 ot 46 Page|D #1 120 Inducted into UT-K Athletics Letterinen/Wo1nen's Club into their membership as an "Honorary Letterrnan" in 2008. Inducted into the Greater Knoxville Sports Hall of Fame, Knoxville, Tenn., 2009. 0 inducted into the 2010 Tennessee Sports Writers Association Hall of Paine, Lebanon, Tenn. 0 Presented the Trailblazer Award by the College Sports information Directors of America for "pioneering efforts as a mentor and professional peer to foster, advance and sustain high levels of ethnic and gender diversity within Marco Island, la., 2011. 102. At the time of Plaintiffs termination, Mr. Stanton reported to Executive Senior Associate Athletic Director I on Gilbert (who was a recent hire and who recently had taken over for Senior Associate Athletic Director for Development and External Affairs, Chris Fuller, in the new reporting structure). 103. In or about 2009, UT-K began taking more aggressive steps to consolidate the Wornen's Athletic Department and the Men's Athletic Department to mirror the other NCAA D-l programs with consolidated Athletic Departments. 104. The Media Relations consolidation was overseen by Chris Fuller, Senior Associate Athletic Director. Under the consolidation, it quickly became apparent to Plaintiff that input from her, and from other women, especially wornen from the Women's Athletics Departrnent, was unwelcorne or not valued. Instead, their input was usually resented and dismissed; and Plaintiff was shunned for stating her opinions, or for questioning the male leaders or their ideas, or for advocating Title IX equity issues, or for opposing gender discrimination. 23 Case Document 4 Filed 10/03/12 Page 23 ot 46 PagelD 121 105. During the consolidation process, it became obvious to the Plaintiff that the leadership attitude of the Men's Athletic Department, especially Chris Fuller, was to run it like a "good 'ol boys club" and they did not want women in leadership positions. 106. During the consolidation process, there were several instances where female athletes, female coaches, or female employees, were not being treated equal to male athletes, male coaches or male employees. Plaintiff openly discussed these instances and tried to change or correct them, and she tried to reach equitable compromises, but her actions were resented. For example, Plaintiff opposed actions that decreased media coverage for female student athletes, or where their events weren't getting adequate media coverage. Plaintiff also advocated for renovations to Lady Vols Basketball locker room after seeing renovation after renovation of the men's basketball locker room each time the Vols had a head coaching change with four new men's head basketball coaches since 1997 (Jerry Greene 1997, Buzz Peterson 2001, Bruce Pearl in 2005 and Cuonzo Martin in 2011). The eight-time NCAA Champion Lady Vol basketball team locker room only enjoyed funding for only two significant facelifts in 1995 and 1998 - and none to the level of what men's basketball has experienced in the last 15 years. Also, the female student-athlete logo "Lady Vols" was being diminished and pushed aside by the male leadership and was being replaced by the male student-athlete's "Power logo. The Plaintiff also questioned a situation where male athletes were given special treatment that female athletes did not receive. Plaintiff questioned whether this was a possible NCAA violation or if not, then the female athletes were not being treated equally which could violate Title IX. The Plaintiff tried to rectify these issues to no avail. Instead, Plaintiff was shunned and retaliated against for voicing her concerns. l07. ln 2010, there was an opening for the position of Associate Athletic Director for Communications. 24 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 24 ot 46 PagelD 122 108. Plaintiff was interested in the position of Associate Athletic Director for Communications. She was qualified for the position and the Plaintiff expressed interest in the position. 109. During a discussion with the search committee about the position, a senior associate athletic director stated that the Plaintiff should apply for the position. Plaintiff' supervisor, Chris Fuller, stated Plaintiff should apply forthe job because UT-K's head football Coach, Derek Dooley, did not want to work with a female. The Plaintiff did not know if this was Coach Dooley's requirement, or if it was Chris Fuller's, but the requirement clearly constituted sex discrimination and was wrong because if Plaintiff was qualified for the position, she should not have been eliminated from consideration because she is female. 110. Chris Puller strongly recommended four male candidates who were thereafter interviewed for that position. 111. The final four candidates for the position of Associate Athletic Director for were males. 112. Ultimately, Chris Fuller made the decision to hire Jimrny Stanton, a male, for the position. 1 13. On August 20, 2010, Jimmy Stanton (age 38) was hired as Associate Athletic Director for Communications. 114. Jimmy Stanton began his new job as Associate Athletic Director for towards the end of August 2010, and at that tinae, Bud Ford and Plaintiff began to report directly to Mr. Stanton and Mr. Stanton began to report to their former supervisor, Chris Fuller. 115. On information and belief, Mr. Stanton met almost with Bud Ford (who was also an Associate Athletic Director like the Plaintiff), and Mr. Stanton met with him ahnost daily thereafter. 25 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 25 ot 46 Page|D 123 116. Even though she made herself available, Mr. Stanton didn't meet with the Plaintiff until September 27, 2010. I 117. During Plaintiff" meeting with Mr. Stanton on September 27, 2010, she expressed her concems that she felt the Lady Vols staff and female student-athletes were not always receiving equal treatment with their male counteiparts. During her September 27, 2010, meeting with Mr. Stanton, it became clear to Plaintiff by Mr. Stanton's body language, demeanor and disinterest that Mr. Stanton didn'tli1>~2013 school year. 167. Mr. Hart made the decision to name Holly Warlick as head coach of the Lady Vol Basketball team to replace Coach Sumrnitt. 168. After her meeting with Mr. Hart, Coach Sumrnitt told Plaintiff about her conversation with Mr. Hart where he told her she would not be head coach of the Lady Vol Basketball team during the 2012-2013 school year. When Coach Sumrnitt told Plaintiff of Mr. conversation, Coach Surnrnitt was very upset and extremely hurt. 169. Shortly after her meeting with Mr. Hart, Coach Sumrnitt also told others about Mr. Hart's decision, including her secretary, personal administrative assistant and a Lady Vol assistant basketball coach. 170. Plaintiff regarded Mr. Hart's decision as wrong and discriminatory towards Coach Pat Snmmitt and admittedly, Plaintiff protested it in writing on March 15, 2012, and she reguested that Mr. Hart reconsider his decision. Mr. Hart sent Plaintiff a very angpy email in response, and when Mr. Hart 32 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 32 of 46 Page|D #2 130 traveled to Chicago, Illinois for the Lady Vols game against DePaul on March 19, 2012, he reacted visibly hostile toward the Plaintiff (A copy of this email exchange is attached hereto as Exhibit 4). 171. At the time Plaintiff sent the March 15, 2012, email to Mr. Hart, she had a good faith belief that Mr. Hart had told Coach Surnrnitt she would not be head coach for the next school year (2012-2013). 3 172. Coach Sumrnitt thereafter stepped down after signing an agreement with UT-K Where she would be Head Coach Emeritus for a year through April 30, 2013 and Holly Warwick replaced her. 173. EEOC's regulations define impairment in pertinent part as: Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hernic and skin, and endocrine," 29 C.F.R. 1630.2 174. Early onset dementia constitutes an impairment as defined by 29 C.F.R. 1630.2. 175. Early onset dementia is an impairment within the meaning of 42 U.S.C. 12101(2). 176. Early onset dementia constitutes a disability within the meaning of 42 U.S.C. 12101, et. seq. and the Rehabilitation Act of 1973, 29 U.S.C. 794. 177. In March 2012, Coach Pat Summitt was disabled Within the meaning of the Americans with Disabilities Act, 42 U.S.C. 121_01, er. seq., the Rehabilitation Act of 1973, 29 U.S.C. 794, and Tenn. Code Ann. 4-21-101, et seq., and 8-50-103. 178. In March 2012, Coach Pat Summitt vvas regarded by Defendants as having an impairment. 179. In March 2012, Dave Hart regarded Coach as having a disability. l80. P1aintiff's opposition to Dave Hart's discriminatory treatment of Coach was a factor in Mr. Hart's decision to give the Plaintiff the "choice of resigning, retiring, or being fired" on 33 Case 3:12-cv-00507 Document 4 Filed 10lO3/12 Page 33 ot 46 PagelD 131 May 15, 2012. 181. In March 2012, all UT-K Athletic Media Relations employees (with the exception of the Plaintiff), even John Painter and Susie Treis, who were part of the April 13" layoffs, had their 2011 performance reviews. Per UT-K Chancellor Jimmy Cheek, these evaluations were to be completed by March 30, 2012. Even though the Plaintiff prepared her goals and objectives for the upcoming year in anticipation of her annual performance review, her performance review for 2011 was never begun or completed by her supervisor Jirnmy Stanton. 182. Prior to her termination, the Plaintiff expressed her ongoing concerns about the disparate @gg_Qt of Mr. Hart's April 13, 2012 lay-offs on the female employees. DEBBY FORCED RETIREMENT CONFISCATION OF HER COMPUTER AND HER FEW REMAINING DUTIES GIVEN TO A YOUNGER MALE 183. On May 15, 2012, Plaintiff had a meeting with Dave Hart at 1:00 p.rn. in his office. When Dave Hart started the meeting with the Plaintiff, he referred to it as a "pre-termination meeting it could be a termination meeting." I 184. At Plaintiff's May 15, 2012, meeting with Dave Hart, Dave Hart gave the Plaintiff the "choice" of resigning, retiring, or being fired and told her: "You have until 4:30 this afternoon to give me your answer." 185. It was during the meeting of May 15, 2012, the Plaintiff heard for the first time from Dave Hart (or anyone else) that he felt the Plaintiff had allegedly been "insubordinate." 186. Dave 1-lart made the decision to give the Plaintiff the choice of retiring, resigning or being fired on May 15, 2012. 34 Case 3:12-cv-00507 Document 4 Filed Page 34 of 46 PageID 132 187. By May 15, 2012, Dave Hart was aware that the Plaintiff had made complaints that she had been discriminated and retaliated against, and that she had raised equity issues involving female student-athletes. 188. By May 15, 2012, Mr. Hart was aware that Plaintiff protested his decision that Coach Summitt would not be Head Coach forthe next school year (2012-2013). 189. During the May 15, 2012, meeting, Dave Hart told the Plaintiff that he had to have the Plaintiffs decision by 4:30 p.m. day, before he left on the Big Orange Caravan, or the Plaintiff would be "presented with a letter of termination effective immediately." 190. Plaintiffs May 15, 2012 "meeting" with Dave Hart lasted just a few minutes. 191. When Plaintiff returned to her office following the May 15, 2012, meeting with Dave Hart, Plaintiffs computer had been confiscated and removed from her office by Athletic IT Director Thomas Moats. 192. When Plaintiff protested the confiscation of her computer because she had a deadline to send requested photos of former Lady Vol, Tamika Catchings, to Sports Moats returned to her office with her computer after approval from Jon Gilbert. Under Moats' supervision, Plaintiff sent those photos to Spoits Illustrated. When she was using her computer, Plaintiff then noticed that folders containing email correspondence between herself and Mr. Fuller, Mr. Stanton and Mr. Yellin had been deleted or removed from her Outlook email directory. 193. Shortly after Plaintiffs computer was confiscated on May 15, 2012, agents and employees of Defendants deleted or removed folders containing email coirespondence between herself and Chris Fuller, Jimmy Stanton and Jason Yellin. 194. Dave Hart left Plaintiff with less than three (3) hours to make her decision and then to pack-up the contents of her office of 35 years. Consequently, the Plaintiff was forced to cancel a follow- 35 Case 3212-CV-00507 Document 4 Filed 10/03/12 Page 35 of 46 PagelD #2 133 up visitwith her internal medicine doctor that afternoon While she researched the consequences of Dave Ha1t's "choices" with UT-K's Human Relations Department and to pack-up her office that day. As a cancer survivor, Plaintiff did not normally miss scheduled medical appointments. 195. After leaming from HR that Plaintiff would lose 452.7 days (or 3620.20 hours) of unused sick leave toward her total creditable service (Which would have affected her retirement paycheck) if Plaintiff was fired or resigned, Plaintiff felt she had no choice but to retire. 196. Jon Gilbert, one of the athletic depaitment employees Dave Hart hired from the University of Alabama, accepted Plaintiffs decision to retire. 197. After Plaintiffs forced retirement at age 5 7, her few remaining duties were taken over by a younger male, Eric Trainer (age 48). 198. Jimmy Stanton, Jon Gilbert and Dave Hart made the decision to have Eric Trainer take over Plaintiff' remaining job duties following her termination. 199. At the time of Plaintiffs termination on May 15, 2012, she was an Associate Athletics Director in Media Relations for the Athletic Department and reported to Stanton, Associate Athletic Director for Communications. 200. After Plaintiffs forced retirement, Plaintiffs supervisor, Mr. Stanton released a statement to the media that Plaintiff had "announced her retirement." Mr. Stanton quoted Mr. Hart as follows: "We would like to thank Debby for her service to the University of Tennessee," said Vice Chancellor and Director of Athletics Dave Hart. "She has been a part of our eight national championships in Women's basketball, and We wish her Well." (See Exh. 5) IX. POST TERMINATION RETALIATION AND REQ QUEST FOR UT-K TO PRESERVE EVIDENCE 36 Case Document 4 Filed 10/03/12 Page 36 of 46 PageID 134 201. Following Plaintiffs termination, her attorney sent two letters to Dave Hart dated May 18, 2012, one protesting her wrongful termination as discriminatory and retaliatory, and the second requesting that certain documents and emails be preserved pending the final outcome of any and all litigation. (A copy of the nonspoliation letter is attached as Exh. 6). 202. Following Mr. Ha1t's receipt of these two letters a series of retaliatory actions took place, including: A series of selected emails and documents were released by the Athletic Department to the media, including a libelous memo allegedly from Dave Halt dated "April 1, 20l2" advising Plaintiff she was being "terminated immediately for unsatisfactory work I have come to the conclusion that you are insubordinate, disrespectful to management and foster an atmosphere of negativity and division." (See Exh. 7). Plaintiff never saw Exhibit 7 before Mr. Hart released it to the media. Plaintiff had not been "insubo1'dinate" or "disrespectful" or "negative" unless Mr. Hart was referring to her opposition to discriminatory treatment to which she had been subjected or her opposition to his discriminatory treatment of Coach Summitt, or that of other female or older employees; (See Exh. 4). After her forced retirement on May 15, 2012, Plaintiff had been accessing hr UT-K email account that all eligible retirees, such as the Plaintiff] are allowed to access, but after UT-K learned she was pursuing claims of discrimination and retaliation, she was locked out of her UT-K email account on or about May 23, 2012, and thereby unable to access her emails and her concerned friends and colleagues who were trying to reach her. After her attorney contacted UT-K regarding this matter, her access was restored on or about June 4, 2012. Prior to her termination, the Plaintiff received a substantial amount of professional mail addressed to her at her UT-K office address normally averaging 2 to 5 pieces of such mail per day. 37 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 37 of 46 PageID #r 135 Following her forced retirement, Plaintiffs professional mail through the United States Postal Office, Federal Express and UPS that was addressed to her and sent to her former office on and after May 15, 2012, was "lost," "destroyed," and/or not forwarded to her. Shortly after her forced retirement on May iS, 2012, the media relations staff Plaintiff had Worked With was told by Jimmy Stanton and Jason Yellin not to talk to the Plaintiff following her "retirement" or "their loyalty to U.T. would be questioned." This constituted an obvious attempt to isolate the Plaintiff and to discourage UT-K employees from providing truthful testimony regarding her allegations of discrimination and retaliation. After the filing of the original Complaint in this case on September 27, 2012, UT- officials decided to issue a media "response" to part of Plaintiff' allegations, through UT-K Spokesperson, Margie Nichols: Knoxville News Sentinel, 9/27/ 12, by Dan Fleser: In response to the suit's allegation concerning Sumrnitt, UT spokesperson Margie Nichols said, "that statement is absolutely not true." "It was Pat's idea to become Head Coach Emeritus. I think she made that really clear at her press conference earlier this year." CBS News, 9/28/ 12, citing The Associated Press: Although Tennessee officials declined comment on the other allegations in the lawsuit, they flatly denied the charge that Summitt was forced out. "It's absolutely not true," university spokesperson Margie Nichols said. "It was Pat's idea to become head coach emeritus. I think she made that really clear at her press conference earlier this year." The Plaintiff alleges these statements to the media issued by UT-K's "spokesperson" are an additional act of retaliation against the Plaintiff because the Defendants' officials are attacking the Plaintiff in the media and are basically characterizing the Plaintiff as "a liar." In support hereof, the Plaintiff would show unto this Honorable Court as follows: 38 Case 3:12-cv-00507 Document 4 Filed 10/03!12 Page 38 of 46 PageID #1 136 i) UT-K spokesperson, Margie Nichols, knew at the time her statement to the press was released on September 27, 2012, that Debby Jennings had previously protested discriminatory conduct toward Coach Pat via e-mail sent to Dave Hart on March 16, 2012: (actually sent by Plaintiff on 3/ 15/ 12 at i 1:52 p.rn. Central time): Mr. Hart, I learned yesterday that you just told Pat Summitt that she will not be back next year as our head vvornen's basketball coach and I respectfully ask you to please reconsider this decision as it is not in the best interests ofthe University, and also, in view of Pat's condition is discriminatory and wrong. Additionally, please reconsider these actions as they are contrary to the support the University has professed publicly since Pat came forward with her diagnosis. (See Exh. 4). Thereafter, Dave Hart, on March 16, 2012 responded, in part, Debby The email you sent me at 12:52 a.1n. regarding Coach Sunimitt is so inaccurate, on so rnany levels, that it does not warrant a meaningful response. Ixvould think that a person holding a position such as yours would understand, far better than most, the negative impact of rumor speculation. (See Exh. 4). ii) Prior to filing the original complaint in this case, Coach Sunlmitt was asked if she would agree to provide truthful testimony in Plaintiffs case, and Coach Pat Summitt, after conferring with her son, Tyler Surnmitt, provided a sworn Affidavit on August 10, 2012, (signed in the presence of her son, Tyler Summitt, and formally witnessed by LaTina Haynes, Coach Sunimitt's personal assistant). Her oath and signature was also attested to and witnessed by a Notary Public. The Affidavit describes the events that occurred on March 14, 2012, and the Affidavit further supports the good faith basis for Plaintiffs oppositional activities concerning Coach Summitt when the Plaintiff protested Dave Hart's decision. (See, Coach Su1nmitt's Affidavit, Exhibit 8). 39 Case 3:12-cv-00507 Document 4 Filed 10/03!12 Page 39 of 46 PagelD 137 In her Affidavit, Coach Summitt states, in part, regarding her March 14, 2012 meetrng vv1th Dave Hart: AFFIDAVIT OF COACH PAT HEAD 4 STATE OF TENNESSEE ss COUNTY OF KNOX COMES NOW Pat Head Summitt, who being sworn, and states she has personal knowledge ofthe following: My name is Pat Head Summitt. I reside at I am over the age of eighteen (18), and have personal knowledge ofthe facts stated in this Affidavit. I am the former Head Coach of the University of Tennessee Lady Vol Basketball Team, and I am currently Head Coacl1 Emerittls. I coached at the University of Tennessee from 1974 to 2012. On March 14, 2012, I had another meeting with Dave Hart. The meeting took place Qrior to our team traveling to Chicago, Ill., for the NCAA tournament. During this one-on-one meeting, Dave Hart indicated to me that I would not be coaching the Lady Vol Basketball Team in the next school year (2012-131 and he planned to name Holly Warlick as the head coach. Dave Hart told me I would still have an office in Thompson-Boling Arena and my title could be Head Coach 40 Case 3 12-cv-00507 Document 4 Filed 10/03/12 Page 40 of 46 PageID #z 138 Emeiitus. This was vegy sugprising to me and vegy huitful as that was a decision I would have liked to have made the season after consulting with my family, doctors, colleagues, and friends and not be told this by Mr. Hart. I felt this was wrong. 6. Following the conversation with Mr. Hart, I was vegy upset and shortly after my meeting with Mr. Hart, I told several people about Mr. Hart's decision, including, Debby Jennings. 7. Unbeknownst to the individuals I shared this upsetting news, Dave Hart spoke with me again, subsequent to the March 14, 2012, one-on-one meeting, and indicated that I misinterpreted what he said." (See Affidavit attached as Exh. 8). iv) Defendants' verbal assault on the Plaintiff via spol> because he was an individual who aided, abetted, intended compelled or commanded UT-K in engaging in the discriminatory and retaliatory conduct herein alleged. At all times stated herein, Defendant Hart knew that the discriminatory practices and retaliatory actions set forth herein constituted violations of the law and his actions prevented the employer from taking corrective action, and he directly retaliated against the-Plaintiff when forced her to retire. 218. The Defendant is responsible for the retaliatory and o1'discrin'1inato1y actions of its agents and employees under the doctrine of respondent superior* and under agency principles. 219. Plaintiff maintains that Defendants' conduct constitutes discrimination against Plaintiff affecting a term, condition or privilege of employment because of her sex and/or constitutes unlawful retaliation for engaging in oppositional activities in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000(e), et seq., the Civil Rights Act of 1991, 42 U.S.C. 1981 the Rehabilitation Act of 1973, 29 U.S.C. 794, ADA 42 U.S.C. 12101, et. Seq., and Title IX 20 U.S.C. 1631(a), and the Tennessee Human Rights Act, Tenn. Code Anno. 4-21-101, et. seq, and 8-50-103, and also 44 Case 3:12-cv-00507 Document 4 Filed 10/03112 Page 44 of 46 PageID #2 142 constitutes age discrimination and/or retaliation for opposing age discrimination under the Tennessee Human Rights Act, 4-21-101, et. seq. 220. As a result of Defendant's conduct, the Plaintiff has lost tangible job benefits, including loss of income and benefits, both past and future, and She has suffered and will continue to suffer, irreparable injury, emotional distress, humiliation and embarrassment, and other pecuniary losses as a direct result of Defendants' illegal actions. 221. The conduct of Defendants is willful. XII: PRAYER FOR RELIEF WHEREFORE, the Plaintiff prays for the following relief: 1. Compensatoiy damages, including front pay; 2. Liquidated damages; 3. Prejudgment interest; 4. Reasonable attorney's fees and expert witness fees; 5. Costs of this action; 6. A juiy to try this cause; and, 7. A mandatory injunction ordering the Defendants to refrain from unlawful discrimination and/or retaliation, and ordering Defendants to undertake and rectify any and all Title IX violations and/or inequities, and for Mr. Hart, Mr. Fuller and Mr. Stanton to undergo appropriate diversity, Title IX and ethics training, and for all other general relief this Honorable Court deems appropriate. RESPECTFULLY SUBMITTED this the 3rd day of October, 2012 45 Case 3:12-cv-00507 Document 4 Filed Page 45 of 46 Pagelti) #z 143 BURKHALTER, RAYSON ASSOCIATES, P.C. s/David Burkhalter David A. Burkhalter, Il, BPR 3004771 Ronald A. Rayson, BPR #013393 Attorneys for Plaintiff P.O. Box 2777 1 S. Central Ave. Knoxville, TN 37902 (865) 524-4974 (865) 524-0172 Fax 46 Case 3:12-cv-00507 Document 4 Filed 10/03/12 Page 46 of 46 Page|D 144