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Locksley, UNM summoned, attorney says

Last updated: 08/07/10 3:19am

A week after New Mexico-based attorney Dennis Montoya filed a lawsuit in U.S. District Court in Albuquerque on behalf of former wide receivers coach J.B. Gerald, alleging Gerald was assaulted, discriminated and retaliated against after a Sept. 20 physical altercation, UNM head football coach Mike Locksley and UNM’s Board of Regents have been served with the complaint and summons, Montoya said.

A summon puts a defendant on notice that he or she is being sued. The defendant(s) then have to either appear in court or acknowledge in writing the opposing party’s intention to sue, according to several online sources. Now that they’ve been served, Locksley and UNM’s Board of Regents have 20 days to respond, Montoya said in an e-mail.

As of July 31, the University said through spokeswoman Susan McKinsey it had not received a copy of Gerald’s complaint. Yet, in dismissing Gerald’s allegations, the University said the Equal Employment Opportunity Commission’s investigation failed to uncover evidence that it violated that law, leading Montoya to state that EEOC investigation findings are “superficial” and not admissible in court.

As part of the complaint, Gerald will pursue monetary compensation. So far, Montoya said, neither party has approached the other about settling the matter out of court. In a prior interview, Montoya hinted at the possibility of a trial, saying that Athletics personnel, staff, and former and current coaches could be called to testify.

“If UNM is righteously indignant and treats this as some sort of nuisance lawsuit, then I don’t think we’ll settle,” Montoya said. “I think the case is going to see the light of a court room, and maybe it should.”

For several months, Gerald’s legal camp was reticent about the matter, other than sending a demand letter drafted by Gerald’s former Maryland-based attorney Julian Haffner, requesting $500,000 that was subsequently denied by the University, until Montoya, in a number of interviews, sparked renewed interest in the dormant-but-not-dead issue.

Whether coincidental, all of this comes at a time when the Lobos, who went 1-11 overall under Locksley in his first year, have openend up fall training camp. UNM finished its second day of fall practice Friday.

The Lobos have two more in-town practices, before shifting their camp to Ruidoso from Aug. 10-21. On some level, the move could provide insulation from a cascade of magnified media scrutiny surrounding the looming litigation, though Athletics Director Paul Krebs has stated publicly that the move is financially motivated.

Documents obtained by the Daily Lobo under the Inspection of Public Records Act show the Lobos’ projected training camp budget at $95,555, with $20,000 allocated toward incurred Albuquerque expenses, which presumably consist of lodging and feeding student-athletes, while the rest will go toward expenses associated with the trip to Ruidoso.

The past two years, the Lobos’ training camp budget exceeded the six-figure mark, with UNM shelling out $121,847 in 2009 and $106,172 in 2008, according to documents provided by UNM’s Office of the Custodian of Public Record. By comparison, the change of venue could save UNM a minimum of about $10,000, but that could be subject to change.

Published August 7, 2010 in Sports, News

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20 comments



One of My Favorites!

August 7, 2010 at 10:46 AM
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Salazar of the ALBUQUERQUE JOURNAL has an update on the increasingly outrageous details of the Mike Locksley assault aftermath at the University of New Mexico:
University of New Mexico officials alleged Wednesday that assistant coach J.B. Gerald demanded $500,000 from the university in exchange for remaining silent about the Mike Locksley altercation. Evidence in the case was destroyed, UNM officials told the Journal.
Gerald is the New Mexico assistant football coach who alleged he was choked and punched by Lobos head coach Locksley in a coaches meeting on Sept. 20. More:
A timeline distributed by the university states that on Oct. 1, “university receives letter from J.B. Gerald’s attorney offering continued media silence in exchange for a $500,000 settlement figure.”
That sounds like extortion to me. But there’s no way of knowing, because the school’s athletic dept. “destroyed” all the evidence of the investigation! (So did HR “shred” the documents or … ?)
As I’ve pointed on more than one occasion, the investigation into Locksley’s behavior by UNM was a joke from the start. Instead of properly handing the situation over the school’s Human Resources Department, school Athletic Director Paul Krebs attempted to keep the matter in-house, damage-controlling it into a disaster.
When questioned later by the school’s HR department, Salazar reports:
Several assistant coaches told an Athletics Department human resources representative that Locksley had indeed choked Gerald and one said Locksley was swinging at Gerald.
Krebs originally wanted to do basically nothing in response to what happened. Now school president David Schmidly is livid, calling the entire investigation “bungled” after repeatedly expressing his confidence in Krebs throughout the sad affair.
And now come to find out that Gerald wanted a half-mil in hush money. A detail that was sheepishly acknowledged by the school today.
So what’s the result of all of this? Gerald’s coaching career is up in smoke. Krebs may lose his job and ironically, Locksley may be the only one under the employ of the school come 2010.
Unbelievable.


UNM Admin Corruption EXPOSED

August 7, 2010 at 11:06 AM
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As of July 31, the University said through spokeswoman Susan McKinsey it had not received a copy of Gerald’s complaint. Yet, in dismissing Gerald’s allegations, the University said the Equal Employment Opportunity Commission’s investigation failed to uncover evidence that it violated that law, leading Montoya to state that EEOC investigation findings are “superficial” and not admissible in court.

The EEOC investigation does not say the UNM Administration did anything wrong or right; so that gives Mr. Gerald the legal right to sue the University. NOW we will get to the bottom of UNM Administrators deceit and hypocrisy.


Kiti

August 7, 2010 at 11:13 AM
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If the Employment Opportunity Commission’s investigation failed to uncover evidence that it violated that law, leading Montoya to state that EEOC investigation findings are “superficial” and not admissible in court. How they are still allowed to sue the university? Because there must be enough evidence…… as we know that UNM Admin/HR/Athletics are involved in covering up and destroying documents.


CJ

August 7, 2010 at 1:43 PM
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UNM is standing behind Locksley because they are already neck deep with him and a sexual discrimination case. 2 law suites in 1 year, WOW! Hey thats 1 more than the total number of wins last season! As far as Locksley, he won’t be there after this year. His Lobo team was picked to finish dead last at the MWC media days.UNM will win 1 game again this year, and Locksley will be packing his bags come November.


Mike Young

August 7, 2010 at 4:00 PM
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I have been watching this from the beginning and I am in disbelief that we have come to this. I played for UNM in the early 70s and was part of “The Great Shake-Up” at UNM. The coaches fought like cats and dogs, but always with the players. Our city was going through a very trying time with race riots. The Blacks and Hispanics were rioting all day while the caucasions were working out three times a day. The coaches were brutalizing the players with shovel handles across the helmets and steel cleets to the face while we were on the ground. We finally decided to walk out, visit with Ferrell Heady, UNM Dean, and board of regents about what was going on. On the night of the Board Meeting, we presented written testimonies from all caucasion players, including the three that were recovering from the abuse in the hospital. The next day the Albuquerque Journal reported that Rudy Feldman had resigned to accept a position with Baylor and took several of his coaches with him. Problem solved! That board did the right thing. That coach did the right thing and we players did the right thing by not holding the whole school responsible for the actions of a few. UNM should have dismissed Locksley immediately and solved there problem. Albuquerque has always been a tough place for the UNM Football Coach because the people expect too much and have no compasion for coaches. Rocky Long was the best coach UNM has ever had, with a winning record, but the fans wanted more and Rocky wasn’t going to be their punching bag any longer. I personally believe that had Locksley “Manned Up”, and offered his resignation, we would not have this issue to deal with. He knew he had crossed over the line and had he immediately apologised to Gerald, he might have escaped the rath of the judicial system. Actions have consequences!


HTG

August 7, 2010 at 8:23 PM
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UNM admits it “bungled” this investigation. And what happened with the “investigation” in the English dept., that caused three current lawsuits filed against this administration? That was an even more absurd case, if you ask me. Prof. Lisa D. Chavez does sadistic sex work with students to earn some extra cash, and even puts photos of herself on many websites, acting out sexual violence on a student, complete with strap-on-dildo. And the university’s investigation finds no problems. Chavez is happily carrying out whatever she wants with students, saying whatever she wants to and about colleagues, while the professors and students who complained about it are being harmed again and again.
That is about as crazy as it gets.


UNM Prof

August 7, 2010 at 8:24 PM
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The Schadenfreude is out of place, given how broke UNM is… But the money to pay for this endless fiasco better come out of the athletics budget!!


UNM Prof

August 7, 2010 at 8:29 PM
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PS, stop bring up the stupid English department nonsense every 2 seconds. UNM actually made the right decision there, and your obsessive, puritanical moralizing is not winning you and friends in other departments.


Poor Leadership

August 7, 2010 at 8:38 PM
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Lobos will lose another 8 games this year the program is in shambles. Poor leadership is plaguing the UNM administration. We don’t need trash like the coach to set a bad example for young adults.


Samae

August 7, 2010 at 8:39 PM
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New Mexico needs to hire coaches, white or black, who are more professional than this. Locksley shouldn’t have let his temper get the best of him. Poor leadership is the correct way to explain the Lobos program.


James

August 7, 2010 at 9:11 PM
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Locksley won’t be there long anyway he doesn’t have what it takes to build a program. He is a loser. Because Schmidly, Gonzales, Krebs and Garbiso upheld this depravity by refusing to do what was morally correct; deliberately, covering up and lying they should do us all a favor and resign.


Hey UNM Prof.

August 8, 2010 at 7:28 AM
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Hey UNM Prof — What do you know about the English dept. so-called “investigation”? Are you saying it’s OK for a professor to strap on a dildo and post photos of sexual violence on their student, with photos and langauge training student to “cocksuck in public”? to solicit and supplement salary? Prof. Lisa Chavez so clearly crossed the line with this behavior. Is it OK to consistently encourage students to go into such sex work? Just checking what you consider puritanical.


UNM OFFICIALS LACK INTEGRITY

August 8, 2010 at 3:29 PM
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The PROBLEM with UNM OFFICIALS they LACK INTEGRITY but, have an ABBUNDANCE OF INCOMPETENCE and IMMORALITY.


UNM Scholar

August 8, 2010 at 6:56 PM
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Whether it was the assault on the assistant Coach JB Gerald; the subsequent cover up and destruction of documents pertaining to the assault; Prof Lisa Chavez in her profile soliciting the public for money, advertised herself as a “stern teacher ready to punish unruly students.” Chavez actually strapped on a dildo and got photographed posing as forcing women to learn to “c- – -ksuck in public” as it stated with the pictures, for the purpose of making extra money. Which is truly outrageous and UNM knows it is – which is why it tried to cover things up. It is Scandalous, Embarrassing and totally Unacceptable! “Pres David Schmidly, AD Paul Krebs, Coach Mike Locksley, VP HR Helen Gonzales, HR Representative Shannon Garbiso and Prof. Lisa Chavez should have been immediately Ousted.


Libi

August 9, 2010 at 7:54 AM
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UNM will not even uphold their own policies on sexual harassment/ age discrimination/workplace violence. The good people of NM deserve better, students deserve better, taxpayers deserve better and we should demand better.


former student

August 9, 2010 at 11:24 AM
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Why is it every time I check in on my old college there’s always some controversy with the athletics dept. This is getting old, this has been going back to the old Coach Ellenberger days and beyond. I know this is not a popular view, but I think we should disband the whole athletic program at UNM and put those resources and fundings back into academics. Your degree is worth more coming from a school with high academic excellence, versus farming a good basketball or football team. We should just call it was it is, professional sports, pay the players and have them contract out to UNM.


Response to Kiti

August 9, 2010 at 1:19 PM
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The EEOC didn’t dismiss charges (it can’t file charges in the first place, only suits) UNM is indeed responsible for the safety of the employees and students they should be held accountable.


Emma

August 9, 2010 at 1:57 PM
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No one should be accepting of coach Locksley’s behavior nor should they be beholden to the powers that be. The light needs to be shined on the dark and nasty corners of the administration of a public institution as corrupt as UNM.


Reality

August 9, 2010 at 2:00 PM
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UNM’s leaders like David Schmidly and David Harris are appointed by Richardson. They continue to exhibit; profound incompetence in all aspects of UNM administration.


Dee

August 9, 2010 at 8:36 PM
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UNM is now known to the world as a University run by thugs and mobsters. As an alumnus I certainly won’t be donating anymore money to the University, until this board of regents and this administration has packed their bags and left.

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