Ex-Fresno State coach wins $19 million bias suit

FRESNO – A jury on Thursday awarded $19.1 million to former Fresno State women's basketball coach Stacy Johnson-Klein in a verdict that was stunning as much for its speed as its size.

After eight weeks of testimony in Johnson-Klein's sexual discrimination trial, the jury of 11 women and one man needed less than four hours of deliberations to unanimously decide the university had discriminated and retaliated against her.

The jurors embraced her lawyers' explanation for her firing nearly three years ago: She's a woman, she was an unrelenting champion of women's equality and Fresno State couldn't tolerate such an employee.

"Vindicated," Johnson-Klein said of her reaction to the jury's verdict while standing in a hall at Fresno Superior Court.

"For women in general, I think, it's a victory to see that there's a justice system in America. You can use it. It's long, it's hard, it's not for the weak of heart. But it works."

Fresno State President John Welty said in a statement: "This fundamentally has always been an employment case. The university will always act when the health and welfare of its students is endangered.

"I disagree with the decision. We will appeal. But we are determined not to be distracted by it, and will continue with the essential work of the university. I am personally committed, and this university is committed, to the well-being of all our students."

In his Fulton Mall office an hour after the verdict, Fresno State lawyer Mick Marderosian said he didn't agree with the jury.

Thursday's verdict was the third time in five months that the central San Joaquin Valley's largest institution of higher learning suffered an expensive and high-profile blow to its reputation for gender equity.

In July, former volleyball coach Lindy Vivas' sexual discrimination trial ended in a $5.85 million verdict, later reduced to $4.52 million. And in October, the university settled the sexual discrimination lawsuit of former associate athletic director Diane Milutinovich for $3.5 million a month before it was to go to trial.

As eye-opening as the Vivas judgment and Milutinovich settlement were, neither came close to matching Thursday's verdict.

The jury was charged with answering yes or no to nine questions, ranging from whether Johnson-Klein was a victim of gender discrimination to whether she was sexually harassed because she's a woman. In the hushed courtroom of Judge Donald S. Black, the court clerk read the jury's decision: Yes. Nine times.

Johnson-Klein responded with a barely perceptible cry with each affirmative answer.

Then the court clerk read the damages. A bailiff had warned spectators against making any sound when the verdict was read, but the size of these figures overwhelmed the reticence of many Johnson-Klein supporters.

In the hall after the verdict, Johnson-Klein said she couldn't believe what she was hearing from the court clerk.

It was only late Wednesday afternoon that the jury received the case after a day filled with closing arguments and instructions from Black. Jurors didn't begin deliberations until 9 a.m. Thursday, then broke for lunch shortly before noon and returned an hour later. Shortly before 2 p.m., court officials announced a verdict had been reached.

Johnson-Klein lawyers Warren Paboojian and Dan Siegel, who have more than a half-century of legal experience between them, said their hearts dropped when they got the call. Siegel said conventional courthouse wisdom is a quick verdict bodes well for the defense.

The Johnson-Klein team entered the courtroom as if going to a funeral. Johnson-Klein sat at the plaintiff's table with a stricken expression. Minutes later, there was only joy.

"Next to (losing) one's family, there's nothing worse than destroying a career," Paboojian said. "I think the jury sympathized and understood that."

Fresno State portrayed Johnson-Klein as a cruel egotist who had abused her charge as a teacher.

Johnson-Klein countered that Fresno State had a long history of treating women in the athletic department as second-class citizens. She said she put up with sexual harassment from her superiors because she didn't want to lose her job but drew the line when the university refused to treat her program as it did the men's basketball team.

When she talked about filing a complaint with the federal government, Johnson-Klein said, the university concocted a biased investigative report into her alleged transgressions and used it as justification to fire her.

Two former Johnson-Klein players who testified for the school were in tears as they left the courthouse.

"You would think people would have a heart with what we went through and what we testified," Angelica Lopez said. "All the crap that we went through under her was for nothing."