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California Jury Awards $28,000 to Former Coach in Title IX Case

December 3, 2009, 5:18 pm

A California jury has awarded $28,000 to Lorri Sulpizio, a former head coach of the women’s basketball team at San Diego Mesa Community College. The coach said the San Diego Community College District fired her in 2007 after she complained that the college discriminated against female athletes in violation of Title IX, the federal gender-equity law.

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One Response to California Jury Awards $28,000 to Former Coach in Title IX Case

rdittben - December 4, 2009 at 2:50 pm

The District/Mesa College prevailed on all counts of Sulpizio’s amended complaint but one: retaliation in violation of the California Fair Employment and Housing Act . This is basically very good news, although their attorney is trying to “spin” the retaliation issue as a federal Title IX issue.Amended Complaint: http://www.sdccd.edu/public/events/First%20Amended%20Complaint%20(S9011518)_REV1.pdf(1) Retaliation in Violation of Title IX – No SDCCD liability because Sulpizio did not exhaust her administrative remedies.(2) Retaliation in Violation of Title VII – No SDCCD liability because Sulpizio did not exhaust her administrative remedies.(3) Retaliation in Violation of FEHA (Fair Employment and Housing Act) – Jury award of $28,000 to Sulpizio (this is $7,000 less than SDCCD offered Sulpizio to settle the case prior to trial, and $252,000 less than Sulpizio sought from the Superior Court jury.) (4) Violation of the Equal Protection Clause of the California Constitution – No SDCCD liability (5) Sexual Orientation Discrimination in Violation of FEHA – No SDCCD liability (6) Gender Discrimination in Violation of Title VII – No SDCCD liability (7) Gender Discrimination in Violation of FEHA – No SDCCD liability (8) Wrongful Termination – No SDCCD liability [Court granted SDCCD Motion for Summary Judgment earlier that Sulpizio's termination was not wrongful.]Attorney’s fees will be determined at a later date.Based on a press release from plaintiff Sulpizio’s attorney, some news reports may suggest that this is a landmark case on behalf of lesbian rights. It is not. This is a case of a plaintiff seeking monetary damages for the temporary loss of a part-time job, a college offer of reinstatement that was refused by the plaintiff, and the plaintiff’s subsequent employment by an adjoining college district. The Court found that plaintiff Sulpizio had not been wrongfully terminated by Mesa College.A Court finding such as this does not qualify as a “landmark” case by any reasonable standard of jurisprudence.Richard Dittbenner, J.D.Director, Public Information & Government RelationsSan Diego Community College District