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Gerald to University: Expect lawsuit

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By Isaac Avilucea | New Mexico Daily Lobo
Last updated: 11/02/09 2:12am

J.B. Gerald, the Lobos’ former wide receivers’ coach, said he had faith that the University would expose the truth at the conclusion of its investigation into a Sept. 20 physical altercation between him and head coach Mike Locksley.

But during a 50-minute interview with the Daily Lobo on Saturday, Gerald said it became increasingly apparent throughout the process that the University wasn’t concerned with determining exactly what happened that day.

For that reason, Gerald said the University and Locksley can expect a lawsuit, though he didn’t specify when he would file one.

University spokeswoman Susan McKinsey said UNM expected a lawsuit from Gerald.

“We knew coach Gerald had retained a lawyer, so hearing that a lawsuit will be filed comes as no surprise,” she said. “However, since we haven’t seen it, and don’t know the details of it, we can’t comment on that which we haven’t seen.”

Lawsuit aside, in his first local interview, Gerald expanded upon comments he made to ESPN. He said Locksley punched and choked him during a coaches’ meeting.

Gerald’s testimony, along with documents provided by the office of the Custodian of Public Records, corroborate his claim and back an ESPN report, though Locksley and University officials continue to dispute that Locksley punched or choked Gerald.

Gerald said he and Athletics Director Paul Krebs met on three occasions after the altercation, and Gerald told Krebs that he didn’t intend to return because his relationship with Locksley was irreparably damaged.

“Those discussions were about, as (Krebs) used this term a lot, ‘damage control,’” Gerald said. “‘Can you get past this?’ The conversations were pretty much about that.”

Shortly before the incident was made public, Gerald said Krebs contacted him and urged him to downplay the severity of the incident and even encouraged him to return to work.

“He said, ‘We need you to give a statement to defuse this thing. Go back to work. Give a statement. Defuse it, so you don’t pour gasoline on this thing,’” Gerald said.

“From that standpoint, I knew that it wasn’t about what happened to me in that room. It was about the perception of the University more so than what happened.”
Krebs didn’t return phone calls on Sunday.

All the ruckus was caused by a disagreement over a play. Locksley, upset because a motion formation wasn’t executed correctly during the Lobos’ game against Air Force, had heated exchanges with at least two other coaches before directing his anger toward Gerald.

He asked Gerald if he could get the problem fixed, according to Gerald’s first-hand account and handwritten notes from HR investigator Shannon Garbiso, provided by the office of the Custodian of Public Records.

“‘However you want it done, let me know, and that’s how I’ll install it,’” Gerald said. “(Locksley’s) response was, ‘It should’ve (expletive) been done that way from the first (expletive) day.’”

The meeting then seemed to move forward, Gerald said, but Locksley turned his attention back to Gerald.

“Out of the blue, he comes back to me, ‘Hey J.B., you think we can (expletive) get the play put in that way,’” he said.

Again, Gerald said he would install the play however Locksley wanted it put in. That’s when, Gerald said, Locksley walked over and attacked him.

“I’m looking at him like, ‘What’s he about to do?’” Gerald said. “He basically jumps in my lap, hands around my neck, my collar included. As he’s pulling me up, I’m trying to get up. I grab his hands he’s trying to pull me up out of my seat. My arms are down by my side, pinned to my side, and coach Locksley’s swinging punches.”

Mike Degory, centers/offensive guards coach, attempted to restrain Locksley, while quarterbacks coach and offensive tackles/tight ends coach Cheston Blackshear and quarterback coach Tee Martin pulled Gerald away from Locksley.

At an Oct. 12 news conference to announce Locksley’s 10-day, unpaid suspension for his role in the altercation, Krebs refuted Gerald’s claim that Locksley threw a punch, saying that “no witnesses verified coach Gerald’s allegation that coach Locksley threw a punch.”

What Krebs failed to mention, though, was that a coach did support Gerald’s allegation of a punch — Degory. Moreover, three coaches, including Degory, told Garbiso that Locksley choked Gerald.

According to Garbiso’s handwritten notes, Degory told her that Locksley “reached out and started choking (Gerald),” before adding that he “held Locks back as he was swinging at Gerald.”

Both Martin and Blackshear’s accounts of the incident were nearly identical. Martin told Garbiso, “All of a sudden, coach Locks was grabbing coach Gerald around the throat choking him” — Blackshear stated Locksley “grabbed (Gerald) by the shirt and started choking him.”

However, Garbiso’s notes were taken during the initial athletic inquiry, completely separate from UNM Human Resources’ official probe, said Helen Gonzales, vice president of HR.

“I read her notes,” she said. “However, I focused on what coach Gerald alleged, and he alleged that he was punched in the mouth. There was some sort of a scuffle over several seconds, and arms were flailing.”

Gerald said this conclusion falls short of the plain truth.

“That’s a way of them trying not to call it a punch,” he said.

Gonzales, who conducted the HR investigation into the incident, said her finding didn’t confirm Gerald’s allegation of a punch, nor that he was choked. All that could be verified, she said, was that Locksley grabbed Gerald by his shirt collar.

“Coach Gerald did not report being choked in the police report, so there were differences of opinion about what people saw,” she said. “He did report being grabbed by the collar. I did verify that coach Locksley did grab coach Gerald by the collar.

The questions I focused on were the allegations coach Gerald alleged with the police.”

Gonzales said she didn’t take notes during the Human Resources’ investigation. Instead, she had a lawyer present who documented everything, because she wanted to “concentrate on what was being said.” Those notes, however, are protected by law, Gonzales said, and are not available to the public.

Gerald said his relationship with Locksley was strained before the altercation in September. The head coach threatened Gerald physically after a practice on Aug. 13, Gerald said.

During a verbal spat, Locksley dressed down Gerald, berating the former wide receivers’ coach and even threatening him.

“‘This is my (expletive) field,’” Locksley told Gerald, the assistant coach said. “‘I reserve the right to say whatever I want. This is my field, my sanctuary. I can say whatever I want to say.’ I was like, ‘You can’t talk to me like I’m one of your kids or one of these players.’ He said, ‘I’ll (expletive) slap you right now.’ I said, ‘No you won’t. You will not slap me.’”

When asked why he didn’t inform the administration that Locksley threatened to slap him, Gerald said he didn’t believe Locksley meant what he said — that they were just words. Nonetheless, after that, Gerald said his relationship with Locksley was strictly professional.

And now, he and Locksley have no relationship. Gerald said he will not return to his post at the University, even though he misses his players.

“I won’t sell my soul for a job,” he said. “I won’t subject myself for something I don’t believe in for a job. What happened in that room — those working conditions are unfit for anybody. That was Week 3 of a football season where he snapped. In Week 3, with nine more games to go.”

Published November 2, 2009 in Football, News

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25 comments

Whatever It Takes

November 2, 2009 at 7:03 AM
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This is such a sad state of affairs. A UNM cover-up from beginning to end! I fear that it is too late to get rid of Locksley. It should have been done at the get go!

Coaches/Professors in a University setting are to be role models. Sadly this man is not! If you listen to his whole ESPN interview on GoLobos.com he states in Part 4 about 5 minutes in that “I imagine this happens in Fortune 500 companies as well.” Huh? Can you see Pres. Schmidley jumping into the lap of one of the UNM Regents and choking/grabbing him by the collar and swinging away!! Memo to Mike Locksley “REAL MEN DO NOT PUNCH, CHOKE, GRAB COLLARS OF OTHERS!” If this happened in the real world, he would have need fired on the spot!

Read more …

According to ESPN.com, the man has a history of “altercations” I hope that his next one does not involve one of his student-athletes!

Let The Truth Be Told

November 2, 2009 at 8:37 AM
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Lies and Cover Ups: President Schmidly, AD-Paul Krebs, HR investigator Shannon Garbiso, vice president of HR Helen Gonzales, and whoever else in UNM corrupt administration, that was involved in this foul unfair plot to hide the truth. You should get your CV/Resumes in order because you all should be F-I-R-ED. These people are ROTTEN! Check Out the Article Below:

At an Oct. 13 news conference Krebs said the Human Resources investigation concluded no witnesses confirmed Gerald’s claim of being hit by Locksley.
“There were no witnesses to verify coach Gerald’s allegation that coach Locksley threw a punch,” Krebs said at the time. “Let me be clear about that, very clear about that. There were no witnesses to verify Coach Gerald’s allegation that coach Locksley threw a punch.”
After the news conference KRQE News 13 filed a formal request under the state Inspection of Public Records Act asking for documents related to the investigation. The university responded by saying there were no documents to hand over because nothing was written down.
Now News 13 has obtained written notes of interviews with assistant coaches present at the meeting and photographs of Gerald purporting to show his neck bruised and his arm and lip cut from contact by Locksley.
When asked why the documents were not delivered in response to the original request UNM apologized to News 13 and said it made a mistake. News 13 Friday made repeated requests to speak to UNM President David Schmidly about the failure to comply with the state public-records law but was told he was not available.
Krebs, reached by phone in San Diego where the Lobos play San Diego State Saturday, maintained there is no evidence Locksley punched Gerald.
“I cannot explain the cut on his lip,” Krebs said late Friday. “There was a scuffle.”
Krebs dismissed any notion the discrepancies in the accounts should provide cause for him to resign.
“I’ve been in the business for 30 years, and my whole career has been dedicated to being an open, honest, ethical leader,” he said.

JJ

November 2, 2009 at 8:41 AM
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This reeks of a cover-up all the way to the top… trying to hide records is shameful….everyone concerned with this matter needs to go…NOW!

Andres Lazo

November 2, 2009 at 8:56 AM
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Unbelievable! The UNM administration now wears it’s own “black eye,” from the gross mishandling of Coach Locksley’s behavior!

mateo

November 2, 2009 at 9:15 AM
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Krebs lied to everyone.
He had access to the entire file and he denied that there were any punches thrown. After repeated questions he continued to support the argument that there was no evidence or witnesses to support the claims of punches thrown.
he lied
everyone who lied should just go,

Wow

November 2, 2009 at 9:25 AM
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The University keeps hoping everyone will look the other way and forget about this whole situation. The truth has been exposed and they need to get their heads out of the sand! UNM’s reputation is forever tarnished by their lies and inability and downright refusal to do what is right.

bdhicke46

November 2, 2009 at 9:50 AM
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Corruption – The DYSFUNCTION of a political system or institution in which officials seek ILLEGITIMATE personal gain. Sounds like all the persons involved (with the exception of Mr. Gerald) fits this description. It is illegal that the officals tried to hide the fact that there was documentation supporting Mr. Gerald’s claim. Their personal gain is to save face for a already crooked department ran by dysfunctional personnel. What we have here is abuse of power and impairment of integrity. President Schmidly (if he knew about the corruption and didn’t act), AD-Paul Krebs, HR investigator Shannon Garbiso and the VP of HR Helen Gonzales should all be dismissed.

DO Something

November 2, 2009 at 10:02 AM
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So, are any of you outraged people willing to do something besides post anonymous complaints on the DL site, which none of the perpetrators read anyway? Time will tell…

Mark

November 2, 2009 at 10:53 AM
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In my opinion there is an obvious attempt by UNM to cover up some facts they have found in their investigation of this incident. Since a complaint was made to the Albuquerque Police Department of assault and battery and APD responded to that complaint isn’t this a potential crimminally prosecutable offense? Now, after the fact there appears at least an alledged conspiracy by some UNM officials to “make this thing go away” wouldn’t the next step be to turn this whole matter over to the District Attorney’s office for investigation?

AJR

November 2, 2009 at 10:53 AM
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UNM is not a democracy. The ruling class makes the calls and is not accountable to the plebeians. The Board of Regents by definition is a good ole boy system. What do your propose can be done?

thomas

November 2, 2009 at 11:05 AM
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0-8 that pretty much says it all.

DO Something

November 2, 2009 at 11:09 AM
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AJR, are you saying nothing can be done because “UNM is not a democracy”? What kind of defeatist attitude is that?
A generation ago, our parents stood up and protested when they believes something was wrong. Today’s students write anonymous comments expressing their displeasure with the system, but don’t actually DO anything. Are you saying that we’re all plebians? I certainly am not, and I don’t think you really believe that you are either. DO Something! Go to Scholes Hall and sit in Schmidley’s office until you get some answers. Demand that you be heard. Boycott UNM football games. Boycott ANYthing UNM, including the Gift…oops, I mean Bookstore. Boycott the SUB.
If everyone is out letting the administration know what they think of this nonsense, perhaps something will be done. But as long as you all sit here and bitch in a forum they’ll never read, what exactly do you hope to accomplish.

AJR

November 2, 2009 at 11:48 AM
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Yes, aside from private litigation, which Mr. Gerald will be pursuing, nothing can be done. This forum simply serves as a venue to vent frustration at a broken system.

Nowadays people in the US are different than they were a few decades ago. Protesting is something Muslims do in the Middle East. Marching is something that happens on New Year’s Day.

fire locks

November 2, 2009 at 12:41 PM
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Here is Helen Gonzales’ email hgonzale@unm.edu

Skip Louis

November 2, 2009 at 2:08 PM
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Gosh…everyone knows so much here! Fire the whole lot….runn’em out of Dodge…except that you know very little…besides privacy issues related to perdonnel problems….beside protocol which is followed because of possible leagal action BY ALL PARTIES CONCERNED when there is a personnel issue…there is a chain that is followed…the posts here are kindly stated as “ignorant”….go back to your class….learn about widgets…gripe about your athletics when you can’t even be bothered to show up for a football game….better to be quiet and have people think you are stupid than to speak and confirm it. Its a cover up…no idiot its the real world and when your ignorant carcas is hoofin’ the pavement for a job…you’ll understand or starve!

Post American

November 2, 2009 at 2:10 PM
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President Schmidley, Director Krebs, and Coach Locksley should do this Institution a ******* favor and step down and resign!

Skip This

November 2, 2009 at 2:34 PM
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Skip, get a life, and a clue, and learn to freakin’ spell.
What “chain” do you speak of? UNM is a public institution, and personnel information is therefore subject to the NM Inspection of Public Records act, which is how some journalists have obtained the HR notes regarding the incident.
If we know so very little, why don’t you tell us what you know? I’ll bet it’s because you don’t know your ass from your elbow…
In what “real world” does one get to choke and punch a subordinate and NOT get fired or go to jail?
I have season football tickets, and I won’t go to another game, not because of the losses, but because of the cover-up perpetrated by these effing clowns.
You, sir, are a total douchebag.

Lawrence

November 2, 2009 at 2:59 PM
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DO:

I admire your “call to action.” But perhaps people feel discouranged and disenfranchised because of last year’s events. The UNM Faculty Senate passed a “vote of no confidence” resolution on Pres. Schmidly, as well as VP Harris and Regent Jamie Koch. The UNM Staff Council, and I believe the GPSA, also issued similar protests. The faculty senate also passed other resolutions critical of the administration, in particular the governance of UNM.

Read more …

Schmidly’s response? “Improving communications” will be one of his performance goals this year. Since he defines and sets his own goals, he more or less evaluates himself; I predict he will achieve this goal.

But the actual results? Zilch, nada. He arrogantly refused to step down – “I am not going anywhere.” A vote of no confidence is a polite (nonbinding) way to say “you’re fired.” But Schmidly does not see it that way. Unlike a former Dean of the Anderson School; when the ASM faculty passed a No Confidence resolution in the dean, he stepped down. But not Schmidly, no sir.

And what about this school year? There has been virtually no change in the administration’s actions, save for some nice words and lofty goals. Look at what keeps happening. No wonder the UNM community feels demoralized and powerless.

abqwoman

November 2, 2009 at 6:23 PM
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Thanks for the hgonzale@unm.edu, “fire locks.” I sent a copy of my Sports Speak Up to her. But I suspect all the VPs and the President have developed a pretty thick skin:

I have a question for Helen Gonzales: Ms Gonzales, are you saying that no assault took place on September 20th? or just that you don’t think it can be confirmed that a punch connected with J.B. Gerald’s lip and drew blood? Do you see where I am going with this? Are witnesses being threatened with retaliation —- again? You know, the truth can’t be squelched forever. The people who are going on record with lies are the ones who are going to have to answer for their impropriety someday. This isn’t about football or racism or revisiting the discrimination case that we’re supposed to consider closed. It’s about integrity, or the lack of it, at the highest levels of UNM’s administration. I’m concerned. My tax dollars help support UNM, and now it seems that even the University’s Human Resources department is a waste of my tax money. You guys are sliding into the same slimy mix of unethical bosses that are ruining a state’s institution of higher learning. I wish that bothered you just a little bit.

PP

November 2, 2009 at 8:58 PM
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Yeah, thanks for the email address for Helen Gonzales here is what I asked; not that she will respond.

A reporter from KRQE News 13 asked Krebs if the discrepancies in the accounts should provide cause for him to resign.“I’ve been in the business for 30 years, and my whole career has been dedicated to being an open, honest, ethical leader,” he said.

Read more …

My question to you Ms. Gonzales is exactly the same thing; should your handling in the accounts provide cause for you to resign? Seeing that you claimed that when you conducted the HR investigation into the incident, your finding didn’t confirm Gerald’s allegation of a punch, nor that was he choked. All that could be verified, she said, was that Locksley grabbed Gerald by his shirt collar. But documents obtained by ESPN.com and “Outside The Lines” through New Mexico’s open records laws support Gerald’s claim that he was choked and that Locksley tried to punch him. There were at least three other coaches in the room at the time of Locksley’s assault against coach Gerald; who said that Locksley grabbed Gerald by his shirt collar and began chocking him. Degory even added that Locksley “reached out and started choking (Gerald),” before adding that he “held Locks back as he was swinging at Gerald.” Funny how people will try to lie about something that is in writing, problem is paper trails you everyway; even if one does try to hide the truth.

Boycott UNM Football

November 3, 2009 at 7:06 AM
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Sent to Helen Gonzales email today!

However, Garbiso’s notes were taken during the initial athletic inquiry, completely separate from UNM Human Resources’ official probe, said Helen Gonzales, vice president of HR. “I read her notes,” she said. “However, I focused on what Coach Gerald alleged, and he alleged that he was punched in the mouth. There was some sort of a scuffle over several seconds, and arms were flailing.” No, Helen Gonzales what you concentrated on was what Paul Krebs, David Schmidly and of course Locksley the assaulter told you too. You saw the documents of the written statements from the victim coach Gerald and three other coaches who said that Locksley grabbed Gerald by his shirt collar and began chocking him. Degory even added that Locksley “reached out and started choking (Gerald),” before adding that he “held Locks back as he was swinging at Gerald.” Yet you went along with the cover up; I have not and refuse to go to a football game until Locksley is gone (not that I’m missing much 0-8). Kreb’s needs to just swallow his pride, admit that he made a mistake in hiring Locksley, and fix the problem. We deserve more than this as staff and students of UNM. Others are also joining the Boycott. I personally believe that everyone involved in this ROTTEN COVER UP should be asked to RESIGN or be FIRED!

abqwoman

November 3, 2009 at 8:12 AM
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I suppose there are plenty of people who are getting sick of the whole Locksley business and who wish there were just one newsday that would pass without mention of his name. Me, I’m sick of the coverup. A press conference will take place Wednesday and Krebs and Schmidley will present more lies and lame explanations. I expect nothing from that show other than more condescending remarks by two guys who don’t care what we think of them. What would be much more fun is to hear Shannon Garbiso address the media without Helen Gonzales, Paul Krebs or David Schmidly telling her what to say. In the absence of the truth, all we can do is keep on needling those three people and keep on putting our objections to their behavior in every media resource that will accept our input. We’re all frustrated with various disappointments from nationwide ills, but we should be able to count on some kind of admirable behavior on the part of our little university’s vice presidents, if only to give us something to cheer up about. Perpetuation of sleezy politics by such minor characters as Helen Gonzales, our HR representative for supposedly all that is “by the book,” is doing nothing to improve my morale, that’s for sure.

Boycott UNM Athletics

November 12, 2009 at 2:18 PM
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From the Dominatrix Sex Scandal to Locksley’s assault on Gerald and other cases were the UNM administration has mishandled: This quote from Sharon Warner is true: “The similarities to the Locksley case are really quite striking, because in both cases somebody abused their power relationship,” she said. “Then the University pretended to do an investigation and the truth didn’t come out but they just said, ‘We’ve investigated; here are our findings; now go back to work.’” Until an independent investigation is performed and ALL those involved in the cover up are dismissed.

Boycott UNM Athletics!!!!!!!!!!!!

This Video Says It All

November 15, 2009 at 11:07 AM
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Check out this video from KRQE News 13 it reveals just how corrupt UNM’s Administrators truly are; Parents, students, faculty and taxpayers need to band together to put a stop to their incompetent.

http://www.krqe.com/dpp/sports/sports_blog/sportsblog_krqe_albuquerque_sports_office_short_locksley_and_otl_200911012043

Sign up now to FIRE LOCKS!

December 5, 2009 at 1:53 PM
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WINLESS
FIRE UNIVERSITY OF NEW MEXICO HEAD FOOTBALL COACH MIKE LOCKSLEY BEFORE IT IS TOO LATE!
FANS OF LOBO FOOTBALL, UNITE!

VIST OUR FORUMS AND SIGN OUR GUEST BOOK!
http://fire-mike-locksley.com
MIKE LOCKSLEY IS IN OVER HIS HEAD

Read more …

• New Mexico finished the season 1-11, its worst record since the 1980’s. Many of those losses were blowouts.
• Coach Locksley admitted striking an assistant coach during a “physical altercation”.
• As of 10-10-09, Locksley had been blown out in 5 out of 6 games.
• Loss at home to undermanned and less talented NMSU squad.
• Poor leadership and example for student athletes — physical violence in the workplace.
• Talented recruiting class not yet in the works, despite Locksley’s supposed expertise as recruiter.
• Rapid decline in football game attendance, and general apathy toward program under Locksley.
• Segment by ESPN Outside the Lines alleges cover up and previous anger management issues.
________________________________________

Despite big promises and big words, University of New Mexico Lobo head football coach Mike Locksley delivered only a single victory in 2009, at a cost of $750,000 to the taxpayers of New Mexico. That’s right, $750,000 per victory — what a bargain. The Lobos finished near the bottom of the NCAA in most important offensive and defensive statistical categories — so much for Locksley’s bragging assertion that another number would need to be added to the scoreboard — if it was needed, it was needed on the opposing team’s side this year. Coach Locksley was hit with an EEOC complaint earlier in 2009 that has now been settled, with his former employee being given a newly created, higher-paying position, back pay, lifetime season tickets to UNM sporting events, and an undisclosed, behind the scenes settlement. Coach Mike Locksley has admitted to striking assistant coach J.B. Gerald in a “physical altercation”, and it appears possible that this incident may result in a lawsuit against UNM, as Coach Gerald has opted to leave the team, and retain an attorney. Locksley has also failed to land the recruits he could supposedly deliver, losing two of his top three recruits in 2009 to their failure to qualify. Another one of Locksley’s highly touted recruits briefly left the program and returned because of the controversy surrounding the gerald situation.

The University of New Mexico pays Coach Mike Locksley $750,000 annually, or approximately $14,423.08 per week. Has Coach Mike Locksley done anything to demonstrate that he is qualified to be a head football coach at this level? Is Mike Locksley representative of the values of the University of New Mexico Lobos, or the state of New Mexico? Does he really deserve this kind of money, based on performance, or should the University of New Mexico have terminated him for cause when they had the opportunity to do so? We feel the answer is a resounding “yes”, based on his record, performance, and behavior. Mike Locksley was a very bad hire.

The taxpayers of New Mexico and fans of University of New Mexico Lobo football deserve more coaching and more integrity for their money. It is time to recognize the mistake made by Paul Krebs in hiring Coach Locksley, and sever ties with Coach Locksley, before the program suffers irreparable damage. New Mexico Lobo football cannot survive 5 more years of Mike Locksley, and this style of management, or lack of coaching ability. Our student athletes deserve better leadership.

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