A Lot of Disappointment
The headlines yesterday were that the State of Iowa has agreed to settle a lawsuit filed against the University of Iowa and various athletic department officials and coaches, and that roughly half of the $4 million settlement would come from taxpayer funds as opposed to Hawkeye athletic department funds.
But dig just a bit deeper, and you find that Iowa head football coach Kirk Ferentz issued a public statement disagreeing with the settlement. ““I am greatly disappointed in how this legal matter was resolved,” Ferentz said. He noted that the Attorney General, as attorney for the State and the University, engaged in negotiations with the attorneys for those former football players who filed the original discrimination suit.
Ferentz wrote, “These discussions took place entirely without the knowledge or consent of the coaches who were named in the lawsuit. In fact, the parties originally named disagree with the decision to settle, fully believing that the case would have been dismissed with prejudice before trial.”
And he notes that there was a motion to dismiss the case pending before a judge…but this settlement was reached before that motion was ruled upon.
The coach further notes that he was told the settlement was purely financial, and that no wrongdoing was admitted.
I have not studied the lawsuit or the merits of the case, but as a lawyer I do know you often settle things to avoid the cost of litigation; in other words, even if the University would have won on all counts at trial, the cost would likely have exceeded the $4M settlement amount…so why not just cut a check and save the hassle. That’s not uncommon; that’s why an overwhelming percentage of lawsuits settle out of court.
But these claims were rather serious…racial in nature…and those who were accused have never had a chance to defend themselves publicly. It may have been the best financial decision to make, but the stain remains on the University and the football program.
Of course, there’s plenty of discussion about why taxpayer money was included…but the State Board of Regents was a defendant, so the state treasury would have been on the hook for any judgment in court.
But now it’s settled, off the court docket, checks are being cut, and everyone is to move on. That’s hard to do given the assertions, and the lack of clarity about their merit.
