Judge rules on Gibbons

Dismissed the age discrimination complaint. Allowed the emotional distress complaint to move forward.

www.telegram.com/news/20200131/judge-makes-ruling-on-several-counts-in-coach-gibbons-lawsuit-against-holy-cross


By Brad Petrishen
Telegram & Gazette Staff

Posted Jan 31, 2020 at 11:37 PM
Updated Jan 31, 2020 at 11:37 PM

WORCESTER – A Worcester Superior Court judge this week dismissed the age discrimination component of the lawsuit former College of the Holy Cross women’s basketball coach William P. Gibbons filed against the school in September, while allowing an emotional distress claim to move forward over the school’s objection.

In a Jan. 29 ruling, Judge David Ricciardone dismissed the age discrimination count – one of nine counts Gibbons lodged in the civil lawsuit – after lawyers for Holy Cross argued the longtime coach made a procedural error precluding him from pursuing that claim in court.

Stephen G. Abraham, Gibbons’ lawyer, noted Friday that the count was dropped by agreement of both parties after he agreed the statute would require Gibbons to first file a complaint with state or federal discrimination commissions.

Gibbons, who served as head coach of the women’s basketball team for 34 years, was suspended last January after an incident with his assistant coach the prior November spawned a school investigation.

The school announced in March that Gibbons, whose contract was set to expire in June, would not return.

Gibbons alleges in his lawsuit that his assistant coach, Danielle Parks, was openly insubordinate after a Nov. 15, 2018 disagreement over a player substitution, and that he warned her that she would “not be working here” if she did it again.

He says he later found out Parks told the school that he had displayed “racism” toward her and some minority players on the team for the past two seasons. He says the allegation was fabricated and never corroborated by any minority players, and that he was never given the chance to appeal or defend himself.

His lawsuit lodged nine counts. Holy Cross argued Tuesday for dismissal of three of the counts – the age discrimination count and separate counts of negligent infliction of emotional distress and intentional infliction of emotional distress.

Judge Ricciardone, after hearing arguments from Holy Cross lawyers that the Workers Compensation Act precluded both counts, ordered the negligent infliction of emotional distress claim dismissed.


He sided with Abraham on the intentional infliction of emotional distress claim, allowing that count to move forward.

The seven counts that remain are intentional infliction of emotional distress, breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, personnel record statute violation, loss of consortium and defamation.

The last count stems from Gibbons’ allegation that the school, by failing to provide the public with the nature of the allegations promptly, “intentionally and recklessly created a false impression” that the suspension was related to allegations of sexual assault.

The suspension was handed down when anger over reported sexual assaults on campus was roiling the student body, and Gibbons alleges the school’s silence surrounding his suspension created a false impression that he had been accused of such conduct.

“This false impression has irreparably damaged Coach Gibbons’ sterling personal reputation and has caused him to sustain emotional, mental and physical damages, for which he has required medical care,” Abraham wrote in his lawsuit, which estimated damages at $750,000.

Abraham said Friday that Holy Cross has yet to acknowledge fault in its handling of the matter, which he said has continued to contribute to an untrue perception that Gibbons’ firing was linked to some kind of sexual impropriety.

“They never clarified it. They continue to give that perception, and I think it continues today,” he said, adding that it is harmful to Gibbons’ prospects for future employment.


Abraham said he does not expect Holy Cross to seek to dismiss any other counts prior to discovery in the case, which he expects to begin next.

Holy Cross has said it does not comment on pending litigation. One of two lawyers representing the school did not return a request for comment Friday.

Abraham said Gibbons is looking forward to “getting to the bottom” of what happened. He said the coach has received a tremendous amount of support from former players, including from a captain he said showed up “out of the blue” Tuesday in court.

Mr. Gibbons, 60 as of September, coached the Crusaders for 34 years and won 613 games, the second-most of any coach in Holy Cross history.

Contact Brad Petrishen at brad.petrishen@telegram.com. Follow him on Twitter @bpetrishentg.

Well, that's one take on it, or alternatively, he believes that he was the victim of a vicious smear campaign and never given a fair opportunity to clear his name. I think most of us might have some distress if labeled a racist  and a sexual abuser in this day age, particularly as these accusations basically make him unemployable.
I have no sympathy at the moment for the Administration as they seemingly completely botched the Gibbons end game. If in fact the charges turn out to be false, they will deserve all the backlash they might receive.  Unfortunately, we may never know the truth of it as it is likely at this point to end in settlement with a NDA.

How about Gibbons Massachusetts lawyer not knowing required procedures under Mass. law, thus voiding Gibbons' rights under one count? That is surprising. Advantage HC legal team for pointing that out.

The current administration has botched this and just about every other situation it has been given an opportunity to botch. Time for new leadership on the Hill. Fairfield Prep just announced the hiring of its first lay President. Probably time for us to do the same.

"The last count stems from Gibbons’ allegation that the school, by failing to provide the public with the nature of the allegations promptly, “intentionally and recklessly created a false impression” that the suspension was related to allegations of sexual assault."

How exactly was Holy Cross supposed to do that without committing a clear violation of some other law/agreement which they would surely now be part of the lawsuit?

What are the odds on the minority players being forced to testify/be deposed?   

Ms. Parks current situation complicates matters, I would think.     It's entirely possible that she sues HC as well.     Complicated and, yes, HC probably painted itself into a corner.

Any possibility that HC could bring a counter suit?

Wonder what the claims would be?

My obserrvations?    Not sure what you mean by that   don't think I wrote anything offensive.

To your specific point, yes, it's pretty apparent that "women of color" were either not recruited aggresively by BG or he had minimal success selling his program to said women.    I'd say without question most years there have been more black players on the men's team vis-a-vis the women.   

What would be the grounds for a counter suit?

Interesting. In for a dime, in for a dollar.

In a press availability, FIADBS responded to a reporter's question by saying he had spoken to BG many times during his suspension. Perhaps BG was imploring him to publicly clear him of sexual impropriety and Sullivan not only specifically refused to but also told BG he was not to discuss the details of the suit while he was a paid HC employee to protect the privacy of other employees/students he supervised.

That might explain BG's statements that HC was preventing him from talking.

Holy Cross is owed the same professionalism on the last day of a contract as on the first. If someone has a sour attitude because they have to work without a contract extension that is on them.

I don't respect the attitude some people have who have been in a job so long they feel they have gained the equivalent of property rights to that position, and have the right to a sour attitude if the rightful owner of the job - the employer - wants to make a change.