New Mexico Daily Lobo
URL: http://www.dailylobo.com/index.php/article/2010/07/geralds_lawyer_speaks_out_about_lawsuit
Current Date: Thu, 09 Feb 2012 19:56:26 -0700
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Gerald's lawyer speaks out about lawsuit
The much-publicized lawsuit that has long been expected by the University will expectedly be filed this week.
The New Mexico-based attorney for former wide receivers coach J.B. Gerald said in a phone interview Tuesday that his client was given the right to sue by the Equal Employment and Opportunity Commission, after an investigation into the physical altercation between UNM head football coach Mike Locksley and Gerald on Sept. 20.
Dennis Montoya, who represents Gerald, added that the 90-day clock requiring Gerald to file his lawsuit within the outlined parameters has already started and that, while Gerald has until Sept. 11 to file the suit, Montoya is “hopeful” it will be filed as early as Friday and by the latest Monday morning.
Contained in the suit which will name Locksley, UNM and the Board of Regents, Montoya said, will be allegations of race discrimination, along with physical battery and a “couple other associated charges,” Montoya said.
“I think there’s general agreement that, at minimum, there was an assault,” Montoya said.
When reached by phone, UNM spokeswoman Susan McKinsey said that because nothing has been served, the University cannot comment on that which has not been filed. Phone messages were also left for Locksley and Krebs.
In clarifying, Montoya said that the race discriminations allegation stem from UNM’s refusal to take reasonable action against Locksley.
Initially, Athletics Director Paul Krebs was only going to assign Locksley a verbal warning followed up in writing, which was to be placed in his personnel file. But after public outcry, an official Human Resources investigation was launched, and it was determined Locksley violated UNM policies, resulting in a one-game, unpaid suspension.
Still, in some eyes, including Montoya’s, that wasn’t enough.
“The University asked Mr. Gerald to basically shut up, and play along, and not to complain and insist that something be done about Coach Locksley’s violent outbursts that were known to the University,” Montoya said. “It’s what I call African-Americans in Athletics Syndrome. The institute had the attitude toward Mr. Gerald that he ought to be happy that he had a job doing what he loved to do and that he was lucky to be there. We do not feel that expectation would have existed if Mr. Gerald were white.”
Montoya said his client will pursue monetary compensation, though said he could not provide an estimated figure. He would not say whether it will be comparable to the $500,000 Gerald’s Maryland-based lawyer Julian Haffner requested in a letter sent to the University.
Over the course of the incident, the two sides have quarreled about everything from the punishment meted out to the details of the incident, with Gerald alleging he was punched and choked, resulting in a laceration to his upper lip.
Meanwhile, University officials have denied that Gerald was choked or punched and that he was only grabbed by the collar, despite internal notes which contradict the University’s stance.
It wasn’t until an ESPN “Outside the Lines” report exposed that there were notes that backed Gerald’s claims were those notes released to local media outlets, despite requests on the part of several media outlets.
At a November news conference to vet the Locksley issue, UNM President David Schmidly attributed UNM not releasing documents to simple oversight and apologized for the confusion. Reading from a prepared statement, Schmidly admitted the destruction of the original copies of Athletics HR representative Shannon Garbiso’s notes, while going on to say that UNM did not willfully cover up the altercation but rather “bungled” the investigative process.
In mentioning the destruction of evidence, Montoya criticized the way the investigation was handled and said the official probe results were not thorough or partial.
“The Human Resources at the University downplayed it, minimized it, trivialized it, and generally made Mr. Gerald feel that he had no recourse,” Montoya said.
Regrettably, Montoya said all this has come to a head.
Should the case go to trial, Montoya said Athletics staff and personnel, and current and former coaches could be asked to give their accounts of the altercation. Aside from what’s already been reported in the media, Montoya said he feels like Gerald has a strong case.
“There are multiple witnesses to Coach Locksley’s outbursts toward Mr. Gerald, so I don’t think it totally boils down to a he-said-he-said (situation),” Montoya said. “It’s pretty confirmed, and Locksley even admitted that he was over the top. We don’t think we’ll have difficulty proving our case.”
At last word, Gerald had moved back to the Washington, D.C., area and has since landed a job at the Washington Jesuit Academy, where he teaches underprivileged sixth-, seventh- and eighth-grade students.
While Montoya said it’s a rewarding profession, Gerald prefers to be coaching, but that the incident and the respective fallout has adversely affected Gerald’s job prospects elsewhere.
“He has not gone back into coaching since,” Montoya said. “… Coaching was his chosen career, and he was forced out of it by these circumstances.”



32 comments
JC
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Isaac, you and the Daily Lobo are truly pathetic. Let this story die already. Find something new to write about. You had your 15 minutes of fame on Lobo blog sites, so just go away. I refuse to read another Daily Lobo until you no longer write there.
TRM fan
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You still on your knees for JB Issac?
PreProps
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Finally, a step in the right direction after almost a year of run around by UNM Athletics and Administration. It will probably take another year before the case gets to court, but we are all looking foward to the TRUTH about the entire scandal by the Admin, human resources and Locksley.
poodlehooker
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For those in need of a refresher-
http://sports.espn.go.com/ncf/news/story?id=4608686
Read more
http://sports.espn.go.com/ncf/news/story?id=4512399
http://www.krqe.com/dpp/sports/ncaa/ncaa_krqe_albuquerque_locksley_gerald_trade_verbal_jabs_20091030
“Locksley told Fanhouse he was trying to leave the room where the argument was taking place, but that one little “whatever” sent him over the edge and charging back in to grab Gerald. (Although Locksley still claims that he didn’t actually hit him. Whatever.) Somehow Gerald is the one on administrative leave, although that might benefit him in the long run. Add assault to the sexual harassment charges and an 0-4 record and Coach Locksley might not even survive his first year as a head coach. That would make me want to give someone a fat lip.”
- http://deadspin.com/5372926/why-did-new-mexicos-coach-punch-his-assistant-whatever
my favorite
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http://bleacherreport.com/articles/278886-price-mike-locksley-paid-too-small-for-his-crime
Price Mike Locksley Paid Too Small for His Crime
By
Burton DeWitt
(Featured Columnist) on October 26, 2009
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I would have written this a few weeks ago if I anticipated its outcome correctly. Obviously, I did not.
I thought the University of New Mexico was suspending head coach Mike Locksley as a pretense to fully relieving him of his duties, the standard “We’re suspending you without pay until our lawyers tell us how to fire you the cheapest.”
But, on Sunday, Locksley returned to his office in Albuquerque, resuming his duties as if nothing had ever happened.
What happened, of course, was that Locksley attacked receivers coach J.B. Gerald, leaving Gerald with a split lip and the accusation that Locksley punched him.
“It was a heated argument with some grabbing, pushing and shoving,” Locksley told the Associated Press about the Sept. 20 altercation. “I did not throw a punch.”
But even if Locksley did not throw a punch, even if all Locksley did was grab and push and shove Gerald, then that should have been enough to lead the termination of Locksley’s contract. Immediately. Permanently.
Sure, coaches have gotten away with worse. Heck, Bobby Knight got away with events like this on a weekly basis. And in some parts of the country, if Paul “Bear” Bryant had come into a house and murdered someone, the family of the victim would not even press charges.
But that does not make any of these actions any less wrong.
Locksley is an employee of the state of New Mexico, much of his salary paid by residents of the state of New Mexico, and he has been entrusted by the state to help educate nearly 100 of its young adults. And Locksley, while on the job, violated the trust the university put in him, lost his temper, and engaged in a physical altercation with another member of his staff.
Yet that’s a leader the state of New Mexico feels comfortable entrusting to its students?
That, like Locksley’s actions, is garbage.
I was horrified when New Mexico Athletic Director Paul Krebs initially decided that Locksley only needed to be reprimanded, as ESPN reported, but a little research showed that a reprimand was required by the university to open further investigations.
When, on Oct. 14, Krebs announced he was suspending Locksley without pay for 10 days, I thought that this was just the first step, that sometime during the 10-day suspension, Paul Krebs would call another press conference and announce the dismissal of Mike Locksley, that the university was enforcing some clause somewhere in his contract that allowed the Lobos to terminate his contract without pay if he violated university policy against violence.
Certainly the good people of New Mexico want better, right?
I guess they don’t.
Of course, what Locksley did was not that dissimilar from what Oakland Raiders head coach Tom Cable is accused of doing.
An assistant with the Raiders filed a police report that Cable punched him on Aug. 5, and like Locksley’s case, that accusation too fell flat, resulting in the case being dismissed before it ever reached trial.
But there is one important difference between Locksley and Cable—Locksley is a state employee paid to educate young men and turn them into adults; Cable is a professional football coach for a private organization dealing with men who, one would want to believe, are already completely adults.
While Cable probably should be fired for many reasons, I can understand the decision not to fire him for that incident, especially after most of the charges failed to yield any evidence. But there is no reason to keep Locksley, no solid one at least.
Sure, Locksley made a mistake. Anyone in that situation could have done the same thing. Tempers rise, emotions flare, clichés become abundant, and for a second you lose control. But do you think for a moment that if that happened at work, if at a meeting you grabbed, pushed, and shoved someone who worked under you, your boss wouldn’t fire you?
And you’re probably not even entrusted to mold young boys into men.
But because Locksley is the head football coach, because he is the big honcho on campus, because he apologized, that makes it all OK.
Yes, Locksley got suspended, but it’s a slap on the wrist.
What’s $29,000 to a man making $750,000 a year?
Okay, Locksley had to miss a game, a game that his team went on to lose, just like the Lobos have done in every other game this season, but that’s a small price to pay.
No, Mike Locksley should have been suspended. Then fired. Permanently. Gone, goodbye. There is no excuse for why Paul Krebs did otherwise.
Of course, someone is going to call me a racist. Articles like this always spark at least one such comment. Someone is going to send me an e-mail saying something to the effect of “If Mike Locksley were not African-American, you would never have written this article.”
And I’m not trying to discourage anyone from sending such an email, because they’re my favorite to deal with.
Because they’re hogwash.
If Urban Meyer had done this, I would have written the same article, would have called for Meyer’s head with the same furor and passion that I’m calling for Locksley’s, because Meyer would have failed to accomplish the one aspect of his job that is most important.
Meyer, just like Locksley, has to be a leader first and foremost, to both his coaching staff and to his players. If he attacks any one of them, then, well, what kind of leader is he?
Not the leader I want teaching my children, that’s for sure.
If Locksley were anyone but the head football coach (or head basketball coach), he would have been fired.
J.B. Gerald? He’s cleaned out his office and is on paid administrative leave, code word for fired, and he was the other party in the altercation with Locksley.
But on Sunday, Locksley returned to work, hopefully a little wiser, but still just as guilty as when he left.
Should Locksley be given another chance? Sure. But not at New Mexico. Not now.
Let someone else take the risk; let someone else see if Locksley has learned his lesson. But New Mexico, for the sake of the students, make him pay a price first.
Something more than $29,000 at least.
Locksley, Krebs, Schmidly Are Liars
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Did’nt think it was over Locksley, Krebs, Schmidly and the rest of their cohorts (UNM Admin) will not get away with the lies and cover up? It is digusting how corrupt that entire bunch of idiots are…. Good work Isaac.
THANKS Isaac!!!
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THANKS Isasc for keeping us informed we need more journalist like YOU. Unbiased.
UNM Alumni
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Here is my suggestion get rid of Locksley and everyone invovled (Krebs, Schmidly, Gonzales & Garbiso) in this embarrassing ordeal.
Alienated Fan
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What a mockery Locksley is making of UNM it will only serve to alienate the fans and anyone considering coming to UNM. How much more embarrassment does it take before the crooked UNM administrators David Schmidly, Paul Krebs, Helen Gonzales and Shannon Garbiso admit, you made a big mistake lying and covering up for this guy.
Lawrence
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JC, you can’t bury a story that’s still alive. Isaac did write about something “new” – a lawsuit about to be filed against your beloved coach. The truth hurts, I guess.
Lobo fan
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I agree with JC. Isaac, you and the Daily Lobo are truly pathetic in your desire to follow up on a story and report events and facts and such that affect students.
You guys suck. What cant you report on happy or positive things?
Read more
No one wants to hear about this lawsuit. Boring. We want more stories about the benefits of pot or fashion trends.
Stop being such a debbie downer. Go Lobos!!
UNM Administrators IMMORAL
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Lobo (Can) I disagree with you…I for one want to hear about anything that pertains to UNM; as we should hold our so called officials accountable. UNM please get some administrators in office that have an ounce of morality.
goDLgo
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Maybe the sports section would have had more to write about last year if the football team actually won more than ONE game. In the meantime- abuse, shredding of the notes in the HR “investigation”, and the overall corrupt UNM administration? Yeah, I’d love to hear about that, and so does KOB, KOAT, KRQE, ESPN, etc.
Keep the reports coming!!
what happened to...
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I would like to hear more about whatever happened with the HR investigation and Shannon Garbiso.
Summer
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I agree with Lawrence, this story isn’t dead until we know the truth. Even if the daily lobo didn’t write about this, all of the local news stations would.
Faye
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Not only are all the local news stations reporting this fiasco,(ESPN) and other national stations seem to be quite interested in the total BS at UNM. Daily Lobo keep up the good work.
Student
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Locksley is not an adequate coach or role model. What he models for his players is nothing more than; his lack of self control when stressed or angered; lies and deception when confronted with the truth; as was revealed from interviews with ESPN OutSide the Lines, KRQE News 13 and others.
Kelly
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At a November news conference to vet the Locksley issue, UNM President David Schmidly attributed UNM not releasing documents to simple oversight and apologized for the confusion. Reading from a prepared statement, Schmidly admitted the destruction of the original copies of Athletics HR representative Shannon Garbiso’s notes, while going on to say that UNM did not willfully cover up the altercation but rather “bungled” the investigative process.
UNM Administrators tried to hide the fact that there was documentation supporting Mr. Gerald’s claim. Their personal gain is to save face for an already crooked department ran by dysfunctional personnel. What we have here is abuse of power and impairment of integrity. President Schmidly, AD-Paul Krebs, HR investigator Shannon Garbiso and the VP of HR Helen Gonzales should all be dismissed.
either
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There are at least three lawsuits filed from the English Dept. after UNM did that “investigation” of Prof. Lisa Chavez doing the s and m sex work with her students, with a pile of photos no less, and showing sexual violence on students. Either UNM bungles everything, or really anything goes, and then they scurry to cover up the truth.
Disgusted
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I have been attending Lobo football games since Rocky Long was the coach, but I will no longer do so as long as the three stooges, Schmidly, Krebs and Locksley are in charge.
Sorry Lobo football players. This is not your fault, but I cannot in good faith continue to contribute financially to what has become such a corrupt program.
similarities
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UNM found nothing wrong with Chavez’s actions, even with so much evidence and complaints. These cases are unbelievably similar. Lisa Chavez boasted about it in public interviews, and the professors and students who complained are the ones still being injured.
Gabby
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Schmidly’s administration is neither honest enough nor smart enough to keep UNM from being screwed. Come on Regents grow a pair (Get rid of these clowns) Oh, I almost forgot that they are appointed by the corrupt Richardson administration!
thenoteswerenotdestroyed. . .
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New evidence will emerge that shows that Garbiso’s notes taken directly from interviews with football coaches WERE NOT DESTROYED!!!
THEY WERE GIVEN TO PAUL KREBS and HELEN GONZALES by SHANNON GARBISO!
Connelly
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Schmidly, Gonzales, Krebs, Locksley and Garbiso should receive pink slips for their dishonest, immoral and unethical behavior. They definitely are unsuitable and should not be entrusted to lead our students.
Cronyism
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President Schmidly needs to be held responsible for the malignant state of the UNM administration.
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