Court Reverses $1.2M Ruling Against University of Southern Miss

Hattiesburg American (Miss.), Ed Kemp

http://www.hattiesburgamerican.com/article/20121106/NEWS01/311060012/Court-reverses-1-2M-ruling-against-USM?nclick_check=1

The Mississippi Supreme Court has ruled against three former University of Southern Mississippi soccer coaches who claimed sexual harassment and sexual discrimination.

The ruling reversed a 2008 Forrest County Circuit verdict that awarded a total of $1.2 million in damages to the coaches.

“We are pleased that the Mississippi Supreme Court ruled in the university’s favor. It puts to end the legal process and supports the university’s longstanding position that questioned the merits of the claims of the plaintiffs,” said Southern Miss Chief Communication Officer Jim Coll.

The Supreme Court found insufficient evidence to the jury’s verdicts in favor of former head coach John Vincent and assistant coaches John Mollaghan and Ged O’Connor, who claimed sexual harassment, gender discrimination and retaliation at the hands of Southern Miss employees.

Vincent, Mollaghan and O’Connor filed suit in 2000, naming as defendants former Southern Miss athletic director Richard Giannini, senior women’s administrator Sonya Varnell, former Southern Miss President Horace Fleming and the university.

In their complaints, O’Connor contended he had been terminated when “plaintiff resisted the sexual advances of defendant Varnell and, because of retaliation, lost his employment.”

Vincent meanwhile claimed Varnell had fabricated statements from student-athletes against him.

As a result of the 2008 Forrest County Circuit Court case, Vincent was awarded $500,000, recoverable from Fleming, Giannini and Varnell.

Mollaghan was awarded $376,000 and O’Connor $300,000, both recoverable from Giannini and Varnell.

However, the Circuit Court subsequently granted Giannini and Varnell’s post-trial motions.

The court found insufficient evidence to support the jury’s verdicts on a host of the plaintiff’s claims including discrimination and retaliation nullifying the damages received by Vincent and Mollaghan.

The Supreme Court upheld the circuit court’s order. In addition, it reversed O’Connor’s sexual harassment verdict, stating that the two incidents at the heart of O’Connor’s complaint were neither physically threatening nor did they interfere with O’Connor’s work performance.

Additionally, the court stated that O’Connor showed no evidence of “tangible employment action” after his rejection of Varnell’s alleged advances nullifying the damages received by Vincent and Mollaghan. nThe Supreme Court upheld the circuit court’s order. In addition, it reversed O’Connor’s sexual harassment verdict, stating that the two incidents at the heart of O’Connor’s complaint were neither physically threatening nor did they interfere with O’Connor’s work performance. nAdditionally, the court stated that O’Connor showed no evidence of “tangible employment action” after his rejection of Varnell’s alleged advances. n