IN THE IOWA DISTRICT COURT FOR POLK COUNTY

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1 IN THE IOWA DISTRICT COURT FOR POLK COUNTY NICHOLE MOODY, Case No. Plaintiff, vs. STATE OF IOWA, IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, and WILLIAM FENNELLY, PETITION and JURY DEMAND Defendants. COMES NOW the Plaintiff, Nichole Moody, and for her cause of action hereby states as follows: INTRODUCTION 1. This is an action under the Iowa Civil Rights Act, challenging Defendants race discrimination and retaliation against Plaintiff. 2. Plaintiff Nichole Moody is a resident of Tarrant County, Texas. 3. Defendant Iowa State University of Science and Technology (the University ) is a fully accredited four-year state university established pursuant to Chapter 260C of the Iowa Code, governed by the state board of regents, doing business in Story and Polk Counties in Iowa. 4. Defendant State of Iowa, a sovereign state as defined in the Iowa Code, has its principal place of business in Polk County, Iowa. 5. Defendant William Fennelly is a resident of Story County, Iowa. 6. The acts of which Plaintiff complains occurred in Story County, Iowa. Petition and Jury Demand Page 1 of 12

2 PROCEDURAL REQUIREMENTS 7. On approximately May 15, 2015, within 300 days of the acts of which she complains, Plaintiff filed charges of education discrimination against Defendants with the Iowa Civil Rights Commission. 8. On approximately January 21, 2016, less than 90 days prior to the filing of this Petition, the Iowa Civil Rights Commission issued an Administrative Release with respect to Plaintiff s charges. FACTUAL BACKGROUND 9. Defendant William Fennelly has been the head coach of the Iowa State University Women s Basketball team since Plaintiff Nichole Moody is a black female, protected from discriminatory practices by the Iowa Civil Rights Act. 11. Nichole graduated from Trinity High School in Euless, Texas in She was a three-time all-district selection, Texas Basketball Magazine All-State selection, 2011 McDonald s All- American game nominee, and a top 100 recruit. 12. The University hosts an annual Elite Camp designed for elite high school players who have achieved All-Conference, All-Area, or All-State honors. Nichole attended the University s 2010 Elite Camp and stood out as a skilled and promising player. 13. The first time that Nichole spoke to Defendant Fennelly was on the last day of the 2010 Elite Camp. Fennelly told Nichole that his coaching staff discussed the camp participants and had decided Nichole would be great for the University s Women s Basketball team. 14. Fennelly offered Nichole a full-ride athletic scholarship. Nichole committed to the University, and accepted the full-ride scholarship, about a month later. Petition and Jury Demand Page 2 of 12

3 15. At the time that Nichole committed, there was only one black player on Fennelly s roster. 16. Nichole arrived on campus in June Defendants treated Nichole and other black women s basketball players differently than they treated white women s basketball players. 18. While preparing for her first academic year, Nichole told Academic Advisor Jeff Sessler that she wanted to be a veterinarian, and that she wanted to pursue a pre-veterinary curriculum at the University. 19. Sessler told Nichole that he would have to check with Fennelly about her request. 20. Sessler denied Nichole s request and explained that it would be too difficult to manage a pre-veterinary program and basketball. He gave her a limited list of different majors that she could choose from. Sessler told Nichole that most of our athletes do communications. 21. Sessler made it clear to Nichole that the Athletics Department only wanted athletes to pursue majors that could be manipulated by athletics staff. 22. Fennelly and his coaching staff immediately discouraged the black athletes from spending time together. 23. Throughout Nichole s enrollment at the University, Fennelly called her names, criticized her, made negative comments about her and her family, and alienated her from fans, teammates, staff, and her own parents. 24. Early in her freshman year, Nichole was assaulted while visiting a bar near campus. Nichole was called before a University dean and made to answer for her involvement in the altercation. The dean declined to impose any discipline against Nichole when it was discovered that she was not the aggressor. Petition and Jury Demand Page 3 of 12

4 25. Even though Nichole was not the aggressor, Fennelly summoned her to a meeting in his office. 26. Fennelly called Nichole a thug. He told her that everyone told him not to recruit her because of her background. He said that he should have listened to them. 27. During practice later the same season, Fennelly loudly referred to Nichole as a thug in front of her teammates. 28. Fennelly called Nichole a thug many more times during her enrollment at the University. 29. Nichole injured her hand during a practice in the fall of her freshman year. She told an assistant coach that she could not shoot because of the injury. When Fennelly heard Nichole could not shoot, he became irate at Nichole and yelled at her, screaming that she was failing anyways. He then kicked her out of practice. 30. During an early morning practice, two white athletes were leading two black athletes in drills. Fennelly was not happy with their performance, but instead of reprimanding the white players, Chelsea Poppens and Hallie Christofferson, who were supposed to be leading the drill, he verbally berated black athletes Kileah Mays and Fallon Ellis. 31. During Nichole s freshman year, Fennelly repeatedly demeaned Chassidy Cole, the only black athlete on the team who was not a freshman, in front of her teammates, saying such things as: a. Chassidy will end up in prison, just like her mother; b. Chassidy is a thug; c. Chassidy is ungrateful for what Fennelly has done for her; and d. The best thing to ever happen to Chassidy is Fennelly offering her a scholarship. Petition and Jury Demand Page 4 of 12

5 32. Fennelly continued to verbally abuse Nichole and the other black athletes throughout the basketball season. 33. In spite of the ongoing harassment and discrimination, Nichole played in all 31 games of her freshman season. She started 29 of 31 games and played more minutes than any other freshman. 34. After a game during Nichole s freshman season, Fennelly called the team ungrateful bitches. The comment brought several white athletes to tears because they had not previously heard such crass language from Fennelly. Unfortunately, the black athletes were already familiar with his abuse. 35. In the spring of 2012, Fennelly made the entire team run sprints except for white athlete Chelsea Poppens. Fennelly yelled to the team that he knew they thought he had a favorite, that they were right, and that Poppens was his favorite player. 36. During Nichole s sophomore year, Fennelly told her during a meeting that she wouldn t be anything without him, that she would be playing at Rice if he had not offered her a scholarship, and that he made her who she is. Fennelly told Nichole that all she does is bitch. Another black athlete, Brynn Williamson, was present for the meeting. 37. In April 2014, during Nichole s junior year, Fennelly called her into his office and said, I know you are the one who wrote a bad evaluation about me. I know you are trying to get me fired. Plaintiff had not written a negative evaluation about Fennelly at the time. 38. During Nichole s senior year, there were three seniors on the team, all of whom were black. Fennelly told the freshman class that Nichole and the other seniors were bad influences and to stay away from them. 39. Fennelly had encouraged players to spend time around senior white athletes in prior years, but issued the opposite advice when the seniors were black. Petition and Jury Demand Page 5 of 12

6 40. In October 2014, Fennelly suspended Nichole after she asked Jadda Buckley, a white athlete, to stop shooting the ball so the team could work on their offensive plays during a practice. 41. The assistant coach who first reprimanded Nichole later apologized to her for the disagreement. 42. Fennelly told Nichole she was the most selfish player he ever had, and then kicked over a basketball rack, walked to a balcony, and glared at Nichole for the rest of the practice. 43. Nichole is the first player that Fennelly has ever suspended. 44. During a senior meeting, Fennelly told Plaintiff, You have been trying to ruin my life, but I will get the last laugh. I can t wait to tell coaches that call me all the negative things I know about you. 45. During Plaintiff s senior year, Fennelly told Nichole to stop checking on, and trying to help, Nakiah Bell, a black freshman, because she sucks. 46. In the fall of 2014, Nichole s uncle passed away. When Nichole asked permission to go to the funeral she was denied and told she was selfish for asking. 47. White athlete Jadda Buckley was allowed to attend the funeral of an unrelated neighbor. She was not accused of being selfish for wanting to attend. 48. During a practice in January 2015, Fennelly stopped practice and told Nichole loudly, for everyone to hear: a. I can t wait to never have to see your face again ; b. You are the most selfish player I have ever coached, despite Plaintiff breaking the career record for assists at Iowa State; and c. I can t wait to tell everyone the truth about you. 49. During a practice, Fennelly told the black athletes that they weren t raised right and all they did was take and never give. Petition and Jury Demand Page 6 of 12

7 50. During Nichole s senior year, one of Fennelly s assistant coaches said, This is the first and last time we will have this many black people on the team. 51. Fennelly never spoke with Nichole when they passed each other outside of practice, but he would speak with the white players that were next to her. 52. Fennelly used scout team duty as punishment for minority players and never thanked them for helping. When white players were on the scout team, Fennelly would thank them for helping to make the team better. 53. During Nichole s senior year, white freshman Emily Durr would regularly hang out with Nichole and black freshmen Nakiah Bell and Blaire Thomas. Durr had a meeting with coaching staff and then abruptly stopped hanging out with the black athletes. 54. Fennelly had four favorite players, all of whom were white. These players were allowed to room together on road trips and were afforded opportunities minority players were not, such as dinner dates with coaches and specialized training from Fennelly s daughter-in-law, a former professional basketball player. 55. Fennelly s senior basketball players have traditionally given speeches near the conclusion of their last season. For ten years preceding Nichole s senior year, the speeches were not reviewed by Fennelly or the coaching staff before they were delivered. 56. Fennelly required all the black senior athletes to have their speeches pre-approved by him. 57. In prior years, white senior athletes who had a chance of being drafted by the Women s National Basketball Association were allowed to continue to use the facilities in preparation for the WNBA draft. 58. When Nichole scored 30 points in a game, Fennelly refused to respond to questions about her performance, instead calling her not consistent. Petition and Jury Demand Page 7 of 12

8 59. During the last game of Nichole s career, Fennelly told another player to shut up, and then told her that their opponent was thinking, Bitch, look at the score. 60. White athlete Chelsea Poppens finished her career at the University in As of June 2014, she was still training at the University s basketball facilities. The University s trainers provided medical treatment to Poppens after she suffered an injury during a professional game in Australia. 61. Days after the conclusion of Nichole s senior season in March 2015, Nichole and black athlete Brynn Williamson were told they were not welcome back to the basketball facility. 62. Defendants removed Nichole and Brynn s name tags from their lockers and left Nichole s laying on the floor. 63. Defendants placed Nichole s belongings in trash bags outside her locker. 64. In March 2015, Fennelly told everyone he was changing the culture of the team and then asked Blaire Thomas, a black athlete, to leave the team. 65. In the summer of 2015, another black athlete decided to transfer to a different school because of Fennelly s treatment. 66. Throughout Nichole s time at the University, Fennelly would threaten to take away her scholarship, reminding Nichole that he controlled her access to education. 67. Throughout Nichole s time at the University, white athletes were given preferential room assignments on road trips. 68. Nichole graduated from the University in 2015 after a stellar career in which she received the following awards: a. 2012: Big 12 Freshman of the Week (Nov. 21, Nov. 28, Jan. 30) b. 2012: Big 12 All-Freshman Team c. 2013: All-Big 12 Honorable Mention Petition and Jury Demand Page 8 of 12

9 d. 2014: All-Big 12 Second-Team e. 2015: All-Big 12 First-Team unanimous pick f. St. Mary s Thanksgiving Tournament All-Tournament Team g. 2015: Nancy Lieberman Award Top-15 h. 2015: Big 12 Player of the Week (Feb. 9, Mar. 2) i. 2015: WBCA All-Region Nominee j. 2015: WBCA Honorable Mention All-American k. Career Assists Leader at Iowa State University 69. Throughout Nichole s career, Fennelly portrayed her negatively to the media, saying she would be remembered for being suspended, not for any of her numerous on-court accomplishments. 70. Throughout Nichole s time at the University, she repeatedly complained to coaching staff, including Director of Basketball Operations Josh Carper, Assistant Coach Jodi Steyer, and Senior Associate Director of Athletics Dr. Calli Sanders, about the treatment she received from Fennelly. Nothing was done in response. 71. Throughout Nichole s time at the University, she was constantly demeaned, berated, harassed, and discriminated against by Defendants. The abuse was so pervasive that Nichole suffered severe emotional distress, which negatively impacted her grades. 72. Despite Nichole s exemplary career on the court, Defendants did not add her to any WNBA watch lists until her mother, Chrystal Moody, expressed her concerns about this to Director of Basketball Operations Josh Carpenter. 73. Nichole was selected with the 33rd overall pick in the 2015 WNBA draft by the San Antonio Stars. Petition and Jury Demand Page 9 of 12

10 74. After Nichole was drafted, Fennelly stated, San Antonio is one of the league s best franchises and head coach Dan Hughes is a friend of mine. 75. In April 2015, Nichole filed a complaint with the Iowa State University Office of Equal Opportunity against Fennelly. 76. The next month, Nichole was cut by Fennelly s friend Dan Hughes, coach of the San Antonio Stars. 77. In November 2015, Fennelly stated on a radio program that he would no longer be recruiting players from the south, where over half (55%) of all black Americans live. 78. University President Steven Leath s wife, Janet Leath, attended Nichole s graduation and spoke with her after the ceremony. Ms. Leath apologized to Nichole for Fennelly s treatment and asked questions about his treatment. Ms. Leath told Nichole that she had already heard about much of his conduct. 79. Josh Carper was an employee and agent of the University, acting at all material times in the scope of his employment and agency. 80. Jodi Steyer was an employee and agent of the University, acting at all material times in the scope of her employment and agency. 81. Dr. Calli Sanders was an employee and agent of the University, acting at all material times in the scope of her employment and agency. 82. William Fennelly was an employee and agent of the University, acting at all material times in the scope of his employment and agency. COUNT I VIOLATION OF THE IOWA CIVIL RIGHTS ACT RACE DISCRIMINATION AND RETALIATION 83. Plaintiff realleges paragraphs 1 through 82 as if fully set forth herein. Petition and Jury Demand Page 10 of 12

11 84. Defendant Iowa State University of Science and Technology is and was at all times material an educational institution within the meaning of the Iowa Civil Rights Act. 85. Defendants discriminated against Plaintiff with respect to programs and activities conducted at the University, in violation of Iowa Code Chapter Defendants created a hostile education environment through racial harassment in violation of Iowa Code Chapter Plaintiff s race was a motivating factor in Defendants actions. 88. Plaintiff complained to Defendants about the race discrimination she experienced and otherwise opposed practices made unlawful by Iowa Code Chapter Defendants retaliated against Plaintiff because of her complaints and opposition to discrimination. 90. Plaintiff s protected activities were a motivating factors in Defendants retaliation against her. 91. As a result of Defendants illegal acts and omissions, Plaintiff has in the past and will in the future suffer damages, including but not limited to mental and emotional distress, fear, anguish, humiliation, intimidation, embarrassment, physical pain and suffering, lost enjoyment of life, lost wages, and employment benefits. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in an amount which will fully and fairly compensate her for her injuries and damages, for appropriate equitable and injunctive relief including but not limited to an order enjoining Defendants from further violations of the ICRA, for prejudgment and postjudgment interest, for attorney fees and litigation expenses, for the costs of this action, and for such other relief as may be just in the circumstances and consistent with the purpose of the Iowa Civil Rights Act. JURY DEMAND Petition and Jury Demand Page 11 of 12

12 COMES NOW the Plaintiff and hereby requests a trial by jury. /s/ Brooke Timmer FIEDLER & TIMMER, P.L.L.C. Brooke Timmer AT brooke@employmentlawiowa.com Nathan Borland AT nate@employmentlawiowa.com 8831 Windsor Parkway Johnston, IA Telephone: (515) Fax: (515) ATTORNEYS FOR PLAINTIFF Petition and Jury Demand Page 12 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT TARA BRADY, : : Plaintiff, : Civil Action : v. : No. : SACRED HEART : UNIVERSITY and EDWARD : SWANSON, : : Defendants. : COMPLAINT Plaintiff,