Published: June 05, 2009 03:17 pm      

Coach sues college

Strife surrounding former WC athletic director Robert McKinley’s demotion enters litigation

Galen Scott

gscott@weatherforddemocrat.com

A lawsuit was filed May 27 on behalf of head women’s basketball coach and one-time athletic director Robert McKinley in the 415th District Court.

Suing the school is McKinley’s latest attempt to protest personnel changes which took effect last year. Among other allegations, top administration officials are accused of discriminating against employees over 40 years old and violating McKinley’s constitutional right to free speech.

McKinley is seeking an unspecified compensation figure for the alleged transgressions, including back pay and front pay damages equal to the difference between the wages he actually received and what he would have received. In addition, McKinley wants compensation for damages to “his personal and professional reputation, out-of-pocket losses, emotional pain, suffering, inconvenience, mental anguish” and other losses.

McKinley said he doesn’t know whether a faction of four new members elected to the school’s board of trustees May 9 will affect his position in the law suit or not.

“The next step ... I think we’re going to try to do mediation, and I think that’s what’s in the process right now,” he said, referring additional questions to his attorney, Emily Cash, of the Arlington firm Hill Gilstrap, PC.

School administrators this week acknowledged McKinley’s suit, but declined to comment on pending litigation. Dallas attorney Mike Royal, who was present during a series of internal grievance hearings, is representing school administrators.

Trey Cobb, a local tax professional and one of the “Right Choice for WC” candidates who won a board seat in May, confirmed knowledge of McKinley’s demotion and the spate of allegations surrounding it.

“Obviously, the allegations are very strong allegations,” Cobb said. “It would be very, very bad if they bear out to be true, but we won’t know that until we get all the sides.”

Cobb admitted he is only familiar with McKinley’s side of the dispute and said school administrators haven’t had a chance to explain their side of the personnel actions to him.

“We haven’t really had a chance to go over it with them,” he said.

Dave Deison, acting chairman of the board and a member since 2005, said it would be improper for him to comment on McKinley’s suit specifically.

When asked if he would be concerned about the affect a sympathetic board majority might have on any proposed settlement, Deison said he probably would.

“Obviously there are some problems that need to be addressed here, and [the new members’] approach, that I have seen so far, has been to try and put in place the methods — the mechanisms — to be able to bring out any problems that anyone will bring forward and have a way to deal with them,” he said. “That’s the initial discussion and we’re just beginning to try to find a way that’s acceptable to everyone and that would best accomplish that. We’ve had only one meeting, so all of this is in the formative stages.”

Weatherford attorney John Westhoff actively represents the Weatherford College Board of Trustees.





February 2008

Administration announces plans to hire a full-time athletic director, citing the controversial results of an outside consultant’s report. McKinley had been performing athletic director duties for the school since he was hired in 1977. The new arrangement reduced McKinley’s responsibilities, leaving him head coach of the women’s basketball team and a physical education instructor.



May 2008

McKinley accepts a new employment contract decreasing his annual salary from $70,000 to $52,000 and his stipend from $8,000 to $4,000. A vehicle, gas card, mobile phone and paid cafeteria meals provided to McKinley by the community booster club are taken away by administrators.

Duane Durrett, formerly the school’s vice president of student affairs, along with Dean of Student Development James “J.C.” Colton, learn they are scheduled for demotions and salary reductions.

Durrett, formerly McKinley’s direct supervisor, was reprimanded for insubordination over his part in expelling a student caught on campus with a handgun and arrested by police. Durrett also publicly opposed the decision to replace McKinley as athletic director.



June 2008

Mark Garippa, the product of a national search conducted by the college, is hired, replacing McKinley as athletic director.



July 2008

McKinley files the first of two complaints with the U.S. Equal Employment Opportunity Commission (EEOC) claiming he was the victim of age discrimination.

Colton announces plans to retire from Weatherford College, complaining his upcoming reassignment as advisor/technical workforce education specialist and an $18,000 annual pay cut are unfair.



August 2008

McKinley and fellow demotee Duane Durrett notify the U.S. Department of Education’s Office of Civil Rights of Weatherford College’s non-compliance with Title IX gender equity rules.



February 2009

Title IX complaint filed by McKinley and Durrett proves meritorious as WC enters into a resolution agreement with the Office of Civil Rights.



April 2009

McKinley files second complaint with EEOC, this time alleging the school’s grievance process is “biased, discriminatory, retaliatory and violated his rights to due process.”



May 2009

Four new board of trustee members, running a unified campaign as “The Right Choice for WC,” are elected. Holding a majority of seats on the seven-member board, the Right Choice coterie is capable of controlling board decisions.



May 2009

McKinley files suit in local district court 18 days after election.