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USF hit with 11th suit in bias case

The latest suit contains e-mailed photos depicting African-American players with racially stereotypical features, an attorney says.

By GRAHAM BRINK, Times Staff Writer
© St. Petersburg Times
published January 16, 2002

TAMPA -- Another former player from the University of South Florida's women's basketball team has filed a discrimination lawsuit against the coach and the school.

Like the nine players and an assistant coach who have already sued, Iris Fleming said the program was racially hostile and that her civil rights were violated.

Fleming's suit also came with some controversial exhibits: Photos e-mailed to former coach Jerry Ann Winters that depicted African-Americans with racially stereotypical features.

There was no evidence that Winters looked at the photos or responded to them in any way. An acquaintance sent Winters the three e-mails, which were retrieved from the university computer as part of the evidence gathering process in the lawsuits.

Jonathan Alpert, attorney for the 11 plaintiffs, questioned why it took so long for university officials to produce the e-mails and why they hadn't surfaced during the university's previous reviews of the racism allegations.

From the start, Alpert said at a news conference Tuesday, the university's mind set has been "do nothing, see nothing and deny everything."

USF's attorney, Thomas Gonzalez, said he was aware of the allegations in the latest suit. Like the other suits, he said, there was no evidence to back up the claims. Alpert has decided to try the case in the media, releasing "dribs and drabs" of misinformation, Gonzalez said.

A university the size of USF cannot possibly control all the unsolicited e-mail it receives, he said. The university, Gonzalez said, has not withheld or delayed the release of any e-mails sought by Alpert.

"Mr. Alpert wants to portray the university as withholding information in the case," Gonzalez said. "That is not true."

Fleming, an insurance adjuster, played at USF for four years before graduating in 1998 with a degree in speech communication. Like the other plaintiffs, Fleming said she thought head coach Jerry Winters racially segregated the program. By Winters' design, black players roomed and ate almost exclusively with black players and black players hosted potential black recruits, never potential white recruits, according to her suit.

Black players suffered harsher punishment than white players for similar incidents, she said. Winters also used race and racial stereotypes in describing opposing players.

Fleming said she felt like quitting several times, but never did.

"To actually quit playing ball would be like quitting on our people," she said.

Winters was fired in December 2000.

USF officials, including president Judy Genshaft, have denied that any of the women on the team were discriminated against.

Alpert also announced Tuesday that trial attorney Willie Gary from Stuart will be joining the cases. Gary has won several multimillion-dollar lawsuits and was profiled on CBS' 60 Minutes last year.

Alpert said his clients would never have sued if university officials had responded to their initial complaints.

Now, he said, they deserve compensation for having their basketball dreams and university careers ruined.

"It's time that the people who run the university acknowledge that they have a problem and address that problem," Alpert said.

- Contact Graham Brink at (813) 226-3365 or brink@sptimes.com.

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