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Ex-judge leads USF investigation

Athletic director welcomes the independent investigation into allegations of a racially divisive environment.

By ANTONYA ENGLISH

© St. Petersburg Times, published September 8, 2000

TAMPA -- A former state Supreme Court judge will conduct an independent investigation into the handling of allegations of racial discrimination and retaliation within the University of South Florida women's basketball program.

USF president Judy Genshaft said in a written statement Thursday that Joseph W. Hatchett, former justice of the Florida Supreme Court and recently retired from the 11th U.S. Circuit Court of Appeals, has agreed to oversee an investigation into claims that USF women's basketball coach Jerry Ann Winters created a racially divisive environment and later retaliated against a former black player who complained.

Questions have been raised about how the athletic department handled the situation.

"At our university, discrimination, harassment of any kind, and retaliation will not be tolerated," Genshaft said in a statement. "At the same time, an allegation of such behavior is a very serious matter. A full investigation must be made by those best equipped to conduct such a review, both to provide a factual basis for resolving the matter and to accord a fair process to all concerned."

The investigation comes in the wake of a federal racial discrimination lawsuit filed Aug. 24 by former USF point guard Dione Smith. The suit charges that a 1999 internal investigation found a recurring theme of racism in the women's basketball program and that athletic director Paul Griffin ordered the investigation "shut down" to avoid negative publicity.

Griffin said Thursday night he has been aware that Hatchett would oversee an investigation since a discussion with Genshaft on Tuesday. He said he welcomed a "new set of eyes."

"Athletics is an enterprise at the university that has more oversight than any other program, so we're used to having people review our work and make recommendations on ways of improvement," Griffin said. "So it's not all that inconsistent and different than what goes on now. Certainly having an independent, respected jurist make those evaluations in this case is reasonable and fair."

Smith's lawsuit alleges she was dismissed from the team in April in retaliation for her earlier complaints of racial discrimination by Winters aimed at black team members.

Winters contends Smith was let go because she disrespected Winters and questioned her job security. Winters did not return a phone call to her office Thursday afternoon but has denied the suit's allegations.

Smith's attorney, Jonathan Alpert, said Thursday that Genshaft's actions represent "a positive development," but that limiting the scope of the investigation to Smith misses the mark.

"That's insufficient," Alpert said. "The university needs a thorough self-examination and whether they choose Judge Hatchett or someone with similar qualifications, it is clear that they are going to do it, the Department of Justice is going to do it, or both will do it."

Alpert asked the United States Attorney's Office to investigate the case when it became clear to him that "many, many people" were involved, not just his client.

Hatchett served as chief judge of the U.S. Court of Appeals 11th District from 1996 until his retirement last year, which ended 24 years of service as a judge. He was the first African-American to serve on the Florida Supreme Court.

"Judge Hatchett is highly regarded and respected," Alpert said. "The assistance of Judge Hatchett is welcomed because of who he is and what he represents."

While Hatchett will launch his investigation "immediately," the university's Equal Opportunity Affairs office will continue its current investigation of Smith's complaint of retaliation by Winters.

Alpert views that as a potential conflict.

"The continuing role of the internal university office is troubling because that office is so dominated by the university," Alpert said. "I am told by the university's lawyers that the same lawyers represent the Equal Opportunity Affairs (office), and represent Winters and Griffin. That is troubling. The statement (by Genshaft) is encouraging, but it does not indicate to me yet a willingness to undo the lines that tie the university's Office of Equal Opportunity Affairs to the university."

Although Hatchett's investigation will be conducted along with the university's inquiry, USF spokesman Harry Battson said the two examinations of the facts will be separate.

"He's conducting his own and it will be separate of what the EOA is doing," Battson said.

In her statement, Genshaft said the EOA office is expected to issue a report on its findings in early October and that it is important to allow the EOA to conduct a fair investigation.

"If the factual reports of the investigation provide evidence that there was wrongdoing, we will take appropriate action," Genshaft said. Griffin stood by his earlier statements that the matter was handled properly.

"I think we had issues, we responded and dealt with it and I have no reason to believe that anything was done inappropriately," Griffin said. "We always welcome an independent eye taking a different view of it."

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