California State University, Fresno was dealt a major blow Thursday afternoon. After nearly four hours of deliberation, jurors came back with a unanimous decision in favor of Stacy Johnson-Klein. They awarded the former women's basketball coach nearly $19.1 million.
The breakdown is as follows:
- $634,254 for past economic losses
- $4.4+ million for future loss of income
- $3 million for past non-economic losses like mental suffering
- $11 million for future pain and suffering
Before the verdict was read, Judge Donald Black had a stern warning to everyone in the courtroom. He said there would be no outbursts. This, he reminded, is a courtroom, not a basketball court.
The verdict was a shock to many. Several legal court observers speculated Johnson-Klein had lost her case since it took very little time for the jury to reach a decision.
Before Judge Black summoned the jury of 11 women and one man, he had two questions from them. Many held their breaths.
Judge Black said jurors wanted to know two things: 1) Could they keep their trial notes? 2) Could they raise the amount for past economic damages?
When Judge Black read the second question, Johnson-Klein put her head in her hands and cried. “I had an inclination of what they were going to do,” she later said.
As the jury returned to the room, Johnson-Klein turned around and mouthed the words “I love you” to her husband, Chuck Klein.
The jury had to decide on three main points:
1) Was Johnson-Klein a victim of gender discrimination at Fresno State?
2) Did the sexual harassment and abuse lead to a hostile work environment?
3) Were Johnson-Klein’s complaints a motivating reason for her termination? In other words, did the university retaliate against Johnson-Klein when she spoke out?
Juror after juror answered yes to every question.
For nearly eight weeks, the Johnson-Klein team tried to convince jurors Johnson-Klein was a victim of sexual harassment, gender discrimination and retaliation when she was fired in early 2005.
After the verdict was handed down, Johnson-Klein spoke of jubilation.
"I couldn't be happier that this family and this firm and this town and its fans are vindicated. As you know, we've been dragged through the mud. We've been misrepresented, " the former coach said.
"For women, in general, it's a victory to see there is a justice system in America. You can use it. It's long, it's hard, it's not for the weak of heart, but it works and thankfully, it worked today," Johnson-Klein said Thursday afternoon, flanked by family, friends and her legal team.
But the financial aspects of the major victory haven't quite sunken in for her yet; instead Johnson-Klein said she's just satisfied a clear message has been sent to Fresno State.
"President Welty needs to step aside. He has no business being in charge of people he can discard at his discretion and lay the blame on other people. He shouldn't be allowed to do that. That's criminal behavior. We stood up and fought that today. There's a big victory for that. Though I'm thankful for it, I don't think that any amount of money justifies that. He should resign. This university should get back to decency and what it's about: education, sports, all the great things universities across the country should be about."
This is the third case in which the university will have to pay. Former associate athletic director Diane Milutinovich and former women’s volleyball coach Lindy Vivas settled for millions after they accused the university of gender discrimination and Title IX non-compliance.
"I hope the days of discriminatory treatment of women athletes, coaches and staff members at Fresno State are over with today's verdict. I think 'three strikes and you're out' should apply here," Milutinovich said as she celebrated with Johnson-Klein.
"I think this sends the message that women are tired of being harassed. We're tired of being fired for speaking up for progress. Hopefully it will resonate across the country to athletic departments that you can't keep acting this way," Vivas added.
Johnson-Klein attorney Warren Paboojian agreed. “Fresno State has a pattern of practice of discriminating against women. They’re not gender-sensitive and I think that was a resonating message we got from jurors today.”
Regarding Johnson-Klein's future on the hardwood?
The former coach said she will always have passion for the game. “You can’t take it out of me.” However, Johnson-Klein said she doesn’t believe she will ever coach professionally again.
"Next to destroying one's family, there's nothing worse than destroying a career. The jury understood that. She was a rising star. She was going places and they destroyed that with a stroke of a pen. Now they have to pay for that," Paboojian said.
This isn't the end of this legal battle. The university is already planning to appeal.
Fresno State University President Dr. John Welty issued a statement following the verdict:
"This fundamentally has always been an employment case. The university will always act when the health and welfare of its students is endangered. I disagree with the decision. We will appeal. But we are determined not to be distracted by it, and will continue with the essential work of the university. I am personally committed, and this university is committed, to the well-being of all of our students."
"I'm prepared for whatever they can throw my way. I think we've proved that. I'm prepared to walk 1,000 miles if God allows me to do that because they had no business firing me," Johnson-Klein said, responding to the university’s plans to appeal.
Ironically, Paboojian said Johnson-Klein would have settled for $950,000. They had made the offer two weeks before the trial started, Paboojian said. The university rebuffed it.
“This is the kind of obstinance that puts the university in the wrong direction,” Paboojian said.
“When you think about what this is costing the university - $40 million is a conservative estimate - how many students, faculty they could have had for that money? We don’t take pleasure in taking taxpayers’ dollars. We hope changes are made because of course we’d rather see this kind of money going toward education,” Johnson-Klein attorney Dan Siegel said.
“A lot of people have been hurt. Why they chose to go this route [and didn't decide to settle] has been baffling,” Johnson-Klein said before leaving the courthouse.
Dr. Welty declined KSEE 24 News requests for an interview.
Click on the video link to watch Carolyn Bruck and Catherine Mylinh's team coverage of the verdict.
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