Geno being sued

[cardfan]

I base this on personal experience. I was a coach at Rollins College from 1985-1990. I witnessed MANY instances of sexual harassment charges being filed against professors or coaches by girls who had a bone to pick with some adult who gave them a bad grade, report, evaluation etc. Other students whom I knew well often knew what was going on and said the charges were "made up and had no basis in reality."

At Rollins, as at most colleges, the rules were written so the student does not have to identify herself or be identified by the college in these S.H. cases. The accused staff usually had no idea who their protagonists were. Further, the rules prohibit the accused from making any effort to learn who his accuser is. If the accused makes an effort to find out, that is considered by the college rules as a "further act of harassment." Bottom line: the cards are stacked against the college teacher or coach. And the girls know this. They have the power and they use it.

wow. that's all I will say, except that sexual harassment in a school (student vs. teacher) is very different from sexual harassment in the work place.

 

[Icebear]

This is why it's important to focus on individual cases and look into actual facts. Sweeping generalizations help very few people, and in the long run often do the most harm to victims who've already been seriously hurt. There are statistics everywhere, statistical anomalies everywhere.
At the end of the day, this woman is either lying or not, and statistics have nothing to do with it. Facts do.

Bingo.

 

[pap49cba]

Wow. When I read the title of the thread my first reaction was some patron at one of Geno's restaurants had gotten sick. This is depressing. Whatever happens, I don't see how this can end well for Uconn Wbb. Personally, I don't believe it but what happens if others jump on the bandwagon and come forward with some story?

 

[JS]

As someone else said, it needs to play out. All we have is her complaint. The answer, public statements, etc. are all yet to come.

Nonetheless, a couple of initial reactions.

1. This isn't a criminal complaint of sexual assault a la Dominique Strauss-Kahn. This is a civil action seeking money. Anybody can file one without convincing any authorities of anything, such as "probable cause."

2. The complaint seems a very long row to hoe. To win a judgment in court against Geno, who isn't her employer, plaintiff would need to prove to a jury's satisfaction a whole string of allegations -- starting with proving the incident happened at all, her proof being only that she told some people it did. Then she'd need to prove further events, improper motives, consequent actions, existence and exertion of influence, reaction to the influence, and lack of credible alternative reasons for her failure to land the assignment in question -- all this before proving damages.

I can't judge the potential of the glass ceiling employment discrimination stuff plaintiff is alleging against the NBA, which may or may not settle. (If there's anything there, it's the likely result.) But without prejudging the truth of anything she says, the idea she'll ever get a dime out of Geno for some sort of alleged malicious damage to her career strikes me as a real stretch.

 

[Alydar]

Since there apparently were no witnesses the plaintiff will have a hard time making a case unless she can show a pattern of this kind of behavior from GA. And since he didn't directly fire her she will be up against it since the NBA (or whomever the employer is) will be defending their act as unrelated to the alleged incident. As a former union steward I know that it's tough to make a case since the court gives wide latitude to employers.

Could be a lawyer needs some publicity. But what's for sure is that some will assume he is guilty and others that he is innocent.

 

[JaYnYcE]

Actually, that's not exactly correct.

She provided a list of witnesses, who she said knew about the encounter, to the N.B.A. this year, in an attempt to retain her Olympic assignment, she said. But the league’s general counsel did not talk to these people, or to Mr. Auriemma, according to the lawsuit.

“I was willing to close this story in 2009,” Ms. Hardwick said in an interview last week. “If Geno had not interfered with my job and my livelihood, I would not have filed this lawsuit.”

In the suit, Ms. Hardwick, 46, a lawyer and a former New York City undercover narcotics detective, accused Mr. Auriemma, the N.B.A. and USA Basketball, which oversees the women's Olympics team, of employment discrimination.

It's possible she lost her job for some other reason, and was trying to find a scapegoat to blame and now accused him of sexual assault, but as a lawyer and former NYC undercover narcotics detective, I find it difficult to imagine that she'd be making it all up.

On the flip side, I have a hard time imagining Geno actually doing what she accused him of. Not to be overly dramatic, but if true, this would potentially be the worst thing to ever happen to WCBB at UCONN...

If true this might be worst thing to happen to UCONN period. Sexual assaults are ugly.


Sent from my iPhone using Tapatalk

 

[UcMiami]

Sexual asault and sexual harrasment/discrimination are two very different 'crimes'. Assault involves a physical action, harrasment involves the interpretation of the actions of another by the victim. For example if a supervisor ask male employee out for a drink after work and does not ask his female coworker that could be interpreted as discrimination, but if he does ask the female coworker along, that could be interpreted as harrasment (an unwanted advance.) Damned if you do and damned if you don't. And the law is written so vaguely that when I went to a management conference on the new law, the lawyer running the meeting referred to it as the Lawyer's 100% Employment Act.
I agree with both sets of posters - there are a larger number of harrasment/discrimination cases that are legitimate and are never brought or are never proved. But ... the legal system in this country makes it incredibly easy and cost effective to bring false claims of all varieties of harrasment and discrimination. Any employee can walk into supervisors office and basically say 'pay me $10,000 today, or tomorrow I will cost you at least $20,000 in legal fees defending your company from the complaint I am about to file with the department of labor for _____ (age, sex, race, religion) discrimination/harrasment. And by the way, I don't even need to find a lawyer myself - the government will do all the preliminary work.' At least in other countries if you bring a frivilous lawsuit you can be made liable for court costs and in some instances the defendants legal costs.

 

[Replicant]

Just because someone has held a position of authority doesn't make their comments unimpeachable.

Precisely Nan. In all due respect to honest lawyers ( ) and detectives everywhere, who better to game the system than an expert of the system?

There's so many red flags here that immediately scream PAYDAY! Apply Occam's Razor and follow the money:

• Do you believe in coincidences? Geno is at the height of his celebrity with the success of UConn and the upcoming Olympics. If one wanted to max-out on media exposure and the perceived pressure it would bring to bear toward a quick financial settlement from the NBA, USA BBall or Geno, Inc. - just to be rid of it - this would be the optimal moment to strike. Coincidence? The accusation is years old, but the suit comes less than two months before the start of the Olympics? Right. I wouldn't be surprised if NBC (whose one of the few entities not named as a defendant), but who is spending million$ on the Olympic TV rights, pays the gold digger's cab fare to be rid of the distraction.

• She's suing for discrimination, not sexual harassment or sexual assault which is the alleged offense and foundation of the original claim. Why? Because the threshold of proof is much lower for the discrimination complaint. That signals it's all about the money and taking the path of least resistance to a settlement.

• She's suing everyone and everything. This is like the scorched earth approach for lawsuits brought against toxic super-fund sites. List everyone you can think of (and a few you can't) with deep pockets. One or more of those entities will settle to get rid of the lawsuit for an amount less than the cost of continuing litigation and ending the negative press.

• Again, the suit is for job discrimination, not the original allegations of an unwanted grab or kiss. And the supposed corroborating individuals are supposedly familiar with the initial claim. Won't even get into the validity of the hearsay implied, but where is the proof of linkage between that claim and the subsequent job discrimination claim? This would be laughed out of court, so this is all about a settlement.

 

[Dairyair]

One thing I found really odd: Ms. Hardwick referring to the defendant as "Geno." It's one thing for us to feel familiar enough to consider Coach as Geno, another for the person suing him.

I heard about this on the radio on my way home from work, and my first reaction was "No way!" But as mentioned in many posts here, it is sure to have an undesirable affect on our coach and our team. Once the dust is set free in the wind, you can't get it back. This is a sad story, but I am confident that Geno will be COMPLETELY exonerated.

 

[DCHuskyFan]

Innocent until PROVEN guilty.

I have never heard of Geno doing anything in the past that would even hint that these charges against him are true.

How distressing that some UConn fans are giving even a small amount of credence to these allegations only 4 hours after the story was reported. I shudder to think of what the many who dislike Geno are discussing on-line.

__________________________________________________________________________________

Actually, what you were trying to say is "presumed innocent until proven guilty," and that has absolutely no application here, as this is a civil suit. "Presumed innocent" is much different than "innocent." Replace the "beyond a reasonable doubt" criminal standard of proof with something much less, like the "preponderance of the evidence" standard or the "clear and convincing" standard. With that said, Geno will probably settle so as not to risk his reputation further.

 

[MilfordHusky]

I'm keeping and open mind, but I have faith in Geno. Not his winning record, but his record as a husband, father, developer of young women, and helper of others.

I am skeptical about much of this, including the statement about her termination or nonselection. What's the normal practice in selecting security? What was the process this year? Is the coaching staff involved?

Given that Team USA has been named in the suit as well, it will be interesting to see what they do. The long run questions relate to what Geno did or did not do and his legacy. The short-run question is does he go to London?

 

[arch]

I can't seem to get interested in the legal stuff. I don't think that the best case legal scenario results in a happy ending for the wbb program. He has been accused of sexual misbehavior.

What concerns me is that anything short of the plaintiff's admission that the whole thing was a huge lie will result in enormous damage to the UConn's wbb program, the university as well as damage to Geno's family.

I can't imagine that players, recruits and their parents aren't going to want answers, answers that, in some cases, can only come from the plaintiff. Answers that would be years in coming if at all.

Denials, lack of evidence, extended court dates, legal requirements etc. Will that be enough for a dad or mom?

Here's hoping that by tomorrow these selfish feelings will be replaced with concerns about right and wrong. But I doubt it.

 

[MilfordHusky]

Arch, I agree that it doesn't help recruiting in the short run. I think there are 3 likely reactions:

1. I have a sense of Geno; he couldn't have done that.

2. Maybe he did. I don't want to play for someone like that.

3. Maybe he did, but I don't care. However, if he loses his job, I don't want to play at UConn.

 

[ASweet3781]

Any concerns about how this effects recruiting for me take a back seat to how this is effecting Kathy Auriemma, Alysa, and Mike. I for one trust Geno and his denial of this alleged incident. There is nothing that disgusts me more than someone making false allegations against another person. I was not too long ago a target at work of a Supervisor who had a vendetta against my father so he tried to get me canned for no good reason. It was an incredibly helpless and frustrating feeling and I imagine the Auriemmas may be feeling that now when something like this gets thrown at them out of no where. I don't envy them for that. And that is where all of my concerns rest now.

 

[Yukon]

life is so crazy, and this is TOTALLY OT, but my daughter was just diagnosed with cancer. I love the Boneyard and all, but maybe this is just much less significant than we are making it out to be. The facts will present themselves. I have never heard one single story from a current or past UCONN player that is negative in their experience with Geno, at least on a personal level. The allegations seem to me to be sour grapes.

 

[DaddyChoc]

...and you know this how?

(lifted from the NYT article)
A short time later, the two women excused themselves and headed upstairs to their rooms, they said. Mr. Auriemma got on the elevator with them. Ms. Shannon exited first. As Ms. Hardwick exited on another floor and walked to her room, she said, she sensed someone behind her.
“He puts his hand on my left arm and goes to kiss me,” Ms. Hardwick said, referring to Mr. Auriemma. “I grabbed his face and mushed him.”
She yelled at him, she said: “You better check yourself before you get hurt!”

 

[Replicant]

Given that Team USA has been named in the suit as well, it will be interesting to see what they do. The long run questions relate to what Geno did or did not do and his legacy. The short-run question is does he go to London?

You can't be serious.

 

[RoyDodger]

Didn't a judge sue a Mom & Pop dry cleaner for $15 million for losing his pants? Just because someone has held a position of authority doesn't make their comments unimpeachable.

Some people do very strange things. As Nan pointed out, a few years back a District of Columbia judge sued his cleaners (but for $54 million) for losing a pair of pants, and he lost. I've attached a link to a 2007 Washington Post article on the matter.

Washington Post article

 

[easttexastrash]

Innocent until PROVEN guilty.

I have never heard of Geno doing anything in the past that would even hint that these charges against him are true.

How distressing that some UConn fans are giving even a small amount of credence to these allegations only 4 hours after the story was reported. I shudder to think of what the many who dislike Geno are discussing on-line.

As with everything, I try to give everyone the benefit of the doubt, which in this case, I will do with each party involved.

 

[MilfordHusky]

You can't be serious.

Because both USA Basketball and Geno have been sued, they are on common ground. In situations where someone is accused, placing that person on administrative leave is a common practice. If USA Basketball were not also sued, they would have had to look at the situation and decide whether it was appropriate for Geno to continue, based on allegations alone. I'm not saying that is likely to happen, but it needs to be an explicit consideration. If USA Basketball were to do that, it seems that would be an indication that they thought the plaintiff had a real case, which woul make them legally vulnerable. But I'll leave this to JS and the other legal experts.

 

[boontonbomber]

if Tolbert confirms that Hardwick said something to him in 2009, then Geno could have a problem.

 

[easttexastrash]

life is so crazy, and this is TOTALLY OT, but my daughter was just diagnosed with cancer. I love the Boneyard and all, but maybe this is just much less significant than we are making it out to be. The facts will present themselves. I have never heard one single story from a current or past UCONN player that is negative in their experience with Geno, at least on a personal level. The allegations seem to me to be sour grapes.

Yukon, best wishes to you and your daughter. I hope that this was caught early and that your daughter will be among the many people who are survivors and who live healthy, happy lives. My brother was diagnosed with stage four colon cancer fours years ago and today is thriving and apparently cancer free. May dad was diagnosed with "terminal" lung cancer more than fiver years ago and is still with us and riding his motorcycle every day.

Good luck to you.

 

[justML]

__________________________________________________________________________________

Actually, what you were trying to say is "presumed innocent until proven guilty," and that has absolutely no application here, as this is a civil suit. "Presumed innocent" is much different than "innocent." Replace the "beyond a reasonable doubt" criminal standard of proof with something much less, like the "preponderance of the evidence" standard or the "clear and convincing" standard. With that said, Geno will probably settle so as not to risk his reputation further.

I meant exactly what I said.

Geno's statement tonight doesn't sound like he plans to settle. He plans to fight her allegations all the way.

Just like an innocent/falsely accused person would.

 

[justML]

As with everything, I try to give everyone the benefit of the doubt, which in this case, I will do with each party involved.

That works for me when the parties are on equal footing. That's not the case for me here.

I believe Geno's statement over hers.

 

[Replicant]

Because both USA Basketball and Geno have been sued, they are on common ground. In situations where someone is accused, placing that person on administrative leave is a common practice. If USA Basketball were not also sued, they would have had to look at the situation and decide whether it was appropriate for Geno to continue, based on allegations alone. I'm not saying that is likely to happen, but it needs to be an explicit consideration. If USA Basketball were to do that, it seems that would be an indication that they thought the plaintiff had a real case, which woul make them legally vulnerable. But I'll leave this to JS and the other legal experts.

With all due respect, this is a civil matter, not a criminal matter. That's a huge distinction that flies in the face of the assertions you've put forward. Geno is not in Dominique Strauss-Kahn territory here and no judge will be requiring him to surrender his passport, nor any employer putting him on administrative leave.

And to lay out the dire scenario you just did and then cop-out on the legal ramifications by deferring "to JS and the other legal experts", is like pulling the pin on a grenade, rolling it into a room and being surprised when it goes off. Remind me never to get into the same lifeboat with you.

We have a man we've all viewed under a microscope for nearly thirty years. In all that time, there's not been even the slightest hint of impropriety of any sort. This, while working for, with and around women 99.9% of the time those thirty years. Nothing sexual. Nothing racial. Nada. Zip. Zilch.

We know little to nothing of Hardwick at this time. Her NBA performance reviews. Her history, if any, of other litigation.

Anyone can bring a civil claim against anyone else. The article states that the NBA had been besieged by multiple sexual harassment and discrimination cases for years. That suggests to me that the NBA is likely punch drunk from having to handle all these various claims and potentially become routine in their settling of same and Hardwick and others know that.. That perception could easily encourage frivolous claims to continue coming forward if opportunists perceive them as an easy mark.