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USF basketball not investigation target

Ex-judge says he will look at only school policies for discrimination claims, not women's program allegations.

By DARRELL FRY and ANTONYA ENGLISH

© St. Petersburg Times, published October 11, 2000

TAMPA -- The University of South Florida is not actively trying to determine if racial discrimination took place in the women's basketball program.

Former state Supreme Court Judge Joseph W. Hatchett, asked by the university to look into the program's controversy, told the Times on Monday his investigation would be limited to the university's policies and procedures for discrimination claims. Hatchett said he would not determine the merits of the accusations made in recent lawsuits by four black former players and an Equal Employment Opportunity Commission complaint by a black former assistant coach.

"I want to make that very clear," Hatchett said by phone Monday evening, "because I think people have a misperception about this."

University president Judy Genshaft asked Hatchett to get involved after former player Dione Smith filed a federal lawsuit Aug. 24. In a Sept. 7 statement, Genshaft praised Hatchett's involvement, saying, "An additional full review of the issues by a highly regarded, outside attorney will be of great value in assessing the facts in this case and guiding us on appropriate actions."

On Sept. 19, university public affairs spokesman Harry Battson said Genshaft met with Hatchett and asked him to review "the entire matter." Battson said at that time the review would include all complaints of alleged racism; how those complaints were handled; and whether there was retaliation.

But Tuesday, Battson confirmed that Hatchett's investigation is more limited.

"I think (determining validity of the claims) may have been the original request that the president made to him," Battson said. "He consulted with his partners, the group at his firm, and said, "Yes, I'd be willing to take a look at it.' (Hatchett and Genshaft) then held a meeting here on campus, and out of that meeting came the decision that this is specifically what he's going to look at -- the policies and procedures."

Tampa attorney Jonathan Alpert, who is representing the former players, said it's regrettable and unfortunate Hatchett's investigation isn't broader.

"Unless the policies and procedures include stonewalling and covering up, it's clear that they were not followed, and you don't need an investigation to determine that," Alpert said. "Even if they were followed, they are fatally flawed.

"In terms of the university's response to this entire problem, it has once again been far below what one would expect of any university, much less a public university."

Battson said Hatchett was hesitant about fully investigating the issue because the university looked into it last year through an internal review. That investigation found a recurring theme of racism. Athletic director Paul Griffin responded by ordering head coach Jerry Ann Winters, who is white, to undergo a four-hour diversity seminar.

The university's Equal Opportunity Affairs office is investigating Smith's claims that she was dismissed from the team this summer in retaliation for lodging complaints in the internal review.

"(Hatchett's) situation is that he doesn't think it's a good use of his time or his review authority to go back over ground that's already been covered by EOA or in other manners," Battson said. "He doesn't necessarily want to duplicate what's already happened. He wants to basically look at a specific area and say this needs to be improved or not in terms of our policies."

Since Smith's suit, three other former players -- Avia Lee, Patrice Coleman and LaTonya Greer -- have filed racial discrimination lawsuits, and former assistant coach Tara Gibson has filed an Equal Employment Opportunity Commission complaint. Also, former women's basketball secretary Lisa Walker, who is white, has publicly supported the players' claims.

Tuesday, Battson described Hatchett's objective like this:

"He's looking at the policies and procedures: Do we have policies and procedures in place, and are they working the way that we would expect and want them to work?" Battson said. "For example, if a student is on a team and they feel like they are being discriminated against unfairly, then what are the policies in place, do the students know those policies are in place, do they feel like they have an outlet to go to, and then how do we handle it when they actually make a complaint?"

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