Illinois Women's Basketball Lawsuit

2:15-cv-02146-CSB-EIL # 1
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E-FILED
Wednesday, 01 July, 2015 11:00:43 AM

Clerk, U.S. District Court, ILCD
3401.000
IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
Amarah Coleman, Alexis Smith, Taylor
Tuck, Nia Oden, Sarah Livingston,
Taylor Gleason, and Jacqui Grant,
Plaintiffs,
v.
No.:
The Board of Trustees of the

University of Illinois UrbanaChampaign, a Body Politic and
Corporate, Mike Thomas, Matt Bollant
and Mike Divilbiss,
Honorable
Courtroom:
Defendants.
COMPLAINT
NOW COME the Plaintiffs, Amarah Coleman, Alexis Smith, Taylor Tuck,
Nia Oden, Sarah Livingston, Taylor Gleason and Jacqui Grant, by and through
their attorneys, Ekl, Williams & Provenzale LLC, and complaining of the
Defendants, the Board of Trustees of the University of Illinois Urbana-Champaign
(hereinafter "Defendant University"), Mike Thomas (hereinafter "Thomas"), Matt
Bollant (hereinafter "Bollant") and Mike Divilbiss (hereinafter "Divilbiss"), upon
information and belief, state as follows:
Introduction
1.
This action is brought to secure damages as redress for violations of
the Plaintiffs' rights under federal and state laws and the Fourteenth Amendment
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to the United States Constitution prohibiting racial discrimination, retaliation and

invidious, intentional discrimination against protected persons based upon the color
of their skin. Plaintiffs' collective rights under the Constitution and laws of the
land were violated by the defendants through a racially hostile environment and
retaliation maintained within the University's intercollegiate Women's NCAA
Division I Basketball Program from the time the Defendants, Matt Bollant and
Mike Divilbiss, were hired, until the Plaintiffs graduated, resigned their
scholarships and/or transferred to other post-secondary educational institutions due
to the defendants' acts of discrimination and retaliation.
Jurisdiction and Venue
2.
This Court has original jurisdiction over the Plaintiffs' federal claims
brought under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., 42
U.S.C. 1983 and 42 U.S.C. 1981 pursuant to 28 U.S.C. 1331 and/or 1343. The
Court has supplemental jurisdiction over the Plaintiffs' pendent state law claims
pursuant to 28 U.S.C. 1367(a) as the facts forming the basis of such claims arise
out of the same nucleus of operative facts that form the basis of the Federal claims.
3.
Venue is appropriate in this District pursuant to 28 U.S.C. 1391(b) as
the facts giving rise to this suit occurred within this district and, upon information
and belief, the Defendant University, Thomas and Bollant reside in this District.
Parties to the Suit
4.
Amarah Coleman is and was, at all times relevant hereto, a citizen of
the United States of America of African-American descent who enjoyed all the
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rights, freedoms and liberties as afforded under the Constitution of the United
States of America, the Laws of the United States and the Laws of the State of
Illinois, and residing in the State of Illinois. Amarah, a world-class athlete, was
enrolled as a student with the Defendant University for the 2014-2015 academic
calendar year, and was under athletic scholarship with the Defendant University
providing her talents to the Defendant University in its Division I Women's
Basketball Program during that time.
5.
Alexis Smith is and was, at all times relevant hereto, a citizen of the
United States of America of African-American descent who enjoyed all the rights,
freedoms and liberties as afforded under the Constitution of the United States of
America, the Laws of the United States and the Laws of the State of Illinois, and
residing in the State of New York. Alexis, a world-class athlete, was enrolled as a
student with the Defendant University for the 2011-2014 academic calendar year,
and was under athletic scholarship with the Defendant University providing her
talents to the Defendant University in its Division I Women's Basketball Program
during that time.
6.
Taylor Tuck is and was, at all times relevant hereto, a citizen of the
residing in the State of Illinois. Taylor, a world-class athlete, was enrolled as a
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during that time.
7.
Nia Oden is and was, at all times relevant hereto, a citizen of the
residing in the State of New York. Nia, a world-class athlete, was enrolled as a
during that time.
8.
Sarah Livingston is and was, at all times relevant hereto, a citizen of
the United States of America of African-American descent who enjoyed all the
rights, freedoms and liberties as afforded under the Constitution of the United
States of America, the Laws of the United States and the Laws of the State of
Illinois, and residing in the State of Illinois. Sarah, a world-class athlete, was
enrolled as a student with the Defendant University for the 2013-2014 academic
calendar year, and was under athletic scholarship with the Defendant University
providing her talents to the Defendant University in its Division I Women's
Basketball Program during that time.
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9.
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Taylor Gleason is and was, at all times relevant hereto, a citizen of the
United States of America of who enjoyed all the rights, freedoms and liberties as
afforded under the Constitution of the United States of America, the Laws of the
United States and the Laws of the State of Illinois, and residing in the State of
Michigan. Taylor, a world-class athlete, was enrolled as a student with the
Defendant University for the 2013-2015 academic calendar year, and was under
athletic scholarship with the Defendant University providing her talents to the
Defendant University in its Division I Women's Basketball Program during that
time.
10.
Jacqui Grant is and was, at all times relevant hereto, a citizen of the
United States of America who enjoyed all the rights, freedoms and liberties as
afforded under the Constitution of the United States of America, the Laws of the
United States and the Laws of the State of Illinois, and residing in the State of
Illinois. Jacqui, a world-class athlete, was enrolled as a student with the Defendant
University for the 2013-2015 academic calendar year, and was under athletic
scholarship with the Defendant University providing her talents to the Defendant
University in its Division I Women's Basketball Program during that time.
11.
The Defendant University is and has been at all times relevant herein
a body politic land grant institution incorporated under the Laws of the State of
Illinois, 110 ILCS 305/1, providing, operating, maintaining and controlling facilities
and instructors of higher education at the Urbana-Champaign campus, and was at
all times relevant hereto operating, maintaining and/or controlling an NCAA
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Division I Division of Intercollegiate Athletics, including therein an NCAA Division

I Women's Basketball Program and team (hereinafter "the Women's Basketball
Program" or "Program"), which Division and Women's Basketball Program have
been and continue to be overseen, managed, coached, directed and/or controlled by a
Director of Athletics, the Defendant, Thomas, and a head basketball coach, the
Defendant, Bollant, and their staffs. At all times relevant hereto, the Defendant
University has received and continues to receive federal assistance as described in
and defined by Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d.
12.
The Defendant, Thomas, at all times relevant herein is and since his
hire by the Defendant University in 2011 has been the Director of Athletics of the
Defendant University's Division of Intercollegiate Athletics, including therein the
Women's Basketball Program, acting at all times in such capacity under color of law
and within the scope of his employment with the Defendant University. In such
capacity, the Defendant, Thomas, directly oversaw, managed, supervised and
controlled the Defendant University's men's and women's intercollegiate sports
programs' coaches, assistant coaches, the student-athletes, including the Plaintiffs
herein above, and medical / sports injury training staff. In this capacity and role
the Defendant, Thomas, was in a position to address the racially hostile
environment described herein and to take corrective action on the Defendant
University's behalf to end it. Defendant, Thomas, is named in his individual
capacity.
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13.
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The Defendant, Bollant, at all times relevant herein is and since his
hire by the Defendant University and/or Thomas in 2012 has been the head
women's basketball coach for the Defendant University's Women's Basketball
Program acting under color of law and within the scope of his employment with the
Defendant University. In such capacity, the Defendant, Bollant, directly managed,
supervised and controlled his assistant coaches, including the Defendant, Divilbiss,
the student-athletes, including the Plaintiffs herein above, and medical / sports
injury training staff. In this capacity and role the Defendant, Thomas, was in a
position to address the racially hostile environment described herein and to take
corrective action on the Defendant University's behalf to end it. Defendant,
Bollant, is named in his individual capacity.
14.
The Defendant, Divilbiss, at all times relevant herein was hired by the
University and/or the Defendant, Bollant, in 2012 and acted in the capacity of
associate head basketball coach until his resignation in 2015, acting under color of
law and within the scope of his employment with the Defendant University. In
such capacity and during such time, the Defendant, Divilbiss, directly managed,
supervised and controlled the Women's Basketball Program, its student-athletes,
including the Plaintiffs herein above, and medical / sports injury training staff.
Defendant, Divilbiss, is named in his individual capacity.
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Facts Common to All Counts of the Complaint

15.
Plaintiffs incorporate 1 through 14, above, as if fully set forth
herein.
16.
From 2007 until 2012, the Defendant University's Women's Basketball
Program was under the direction and supervision of former head basketball coach,
Jolette Law, a woman of African-American descent. In such capacity, former coach
Law recruited and received commitments from the Plaintiffs, Alexis Smith, Taylor
Tuck and Nia Oden to the 2011-2012 academic class, to participate as student
athletes in the Women's Basketball Program under an athletic scholarship for the
Defendant University.
17.
In 2012, Jolette Law was fired by the Defendant, Thomas, and the
Defendant, Bollant, was hired. Thereafter, he initiated and/or continued the

recruitment of and received commitments from the Plaintiffs, Sarah Livingston,
Amarah Coleman, Taylor Gleason and Jacqui Grant, to participate as student
athletes in the Women's Basketball Program under an athletic scholarship for the
18.
The aforementioned NCAA Division I athletic scholarships offered and
accepted by the Plaintiffs above were and are written contractual agreements
whereby, in exchange for the student athlete's commitment to and participation in
the Defendant University's Women's Basketball Program, the Defendant University
would and did provide each Plaintiff with financial assistance in form of the costs of
tuition, costs of room and board, and costs of certain education materials, with the
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expectation of continuation of such agreement for the successive academic years

until the Plaintiff's graduation or depending on the exhaustion/elimination
otherwise of the Plaintiff's eligibility.
19.
At some time around the beginning of, prior to and/or during the
2013-2014 academic year and/or basketball season, and continuing on thereafter

until the end of this 2014-2015 academic year, the Defendants, Bollant and
Divilbiss, began and continued to mistreat and abuse the Plaintiffs physically,
psychologically and/or mentally in the context of Women's Basketball Program
games, practices and/or activities in such a manner as to create a racially hostile
environment within the program, and otherwise in such a manner as to treat the
Plaintiffs in a negative and adverse manner in contrast to the treatment of persons
similarly situated.
20.
Specifically, the Defendants, Bollant and/or Divilbiss, acting under
color of law and within the scope of the employment of each with the Defendant,
University, engaged in the following misconduct that created and/or constituted a
racially hostile environment and/or discrimination based upon race:
a.
Instituted segregated practices singling out the black Plaintiffs,

Alexis Smith, Nia Oden and Taylor Tuck, as "crabs" because one
crab can climb out of a bucket, but more than one pull each
other down in and none can get out;
b.
Referred to the black Plaintiffs, Alexis Smith, Nia Oden and

Taylor Tuck, as "toxic."
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c.
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Referred to these segregated practices as "the dog pound,"

indirectly labeling the black Plaintiffs, Alexis Smith, Nia Oden
and Taylor Tuck, dogs;
d.
Appointed a white player captain without a team vote and even

though the majority of players at the time were black;
e.
Relegated and/or threatened relegation of the white Plaintiffs,

Taylor Gleason and/or Jacqui Grant, to the "dog pound" in
retaliation for these Plaintiffs' continued association with and
support of the black Plaintiffs against the racially hostile
environment created by the Defendants, and labeled the white
Plaintiff in the segregated practices as a "mascot;"
f.
Instituted segregated travel room assignments, prohibiting

white players from rooming with black players, including among
the white and black Plaintiffs;
g.
During team preparations for games against other schools

whose teams were predominantly made of black players, singled
out the black Plaintiffs and other black teammates to ask what
the players on the other team were thinking or going to do,
implying that blacks think differently than whites;
h.
During team preparations for games against other schools

whose teams were predominantly made of white players, and in
the context of subpar. (g), above, did not ask the black players
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what the other team's white players were thinking or going to

do;
i.
During team preparations for games, referred to opposing teams

predominantly made of black players as undisciplined and
unintelligent, and referred to opposing teams predominantly
made of white players as disciplined and intelligent;
j.
Directly labeled or implied that one or more of the black

Plaintiffs were unintelligent, undisciplined, "west-side ghetto"
street-ball players on account of their race and stereotyping a
community of origin;
k.
Leveled discipline against the black players more severe than as

against white players despite the same or similar conduct;
l.
Re-constituted the team roster in favor of recruiting and signing

white players over black players, increasing the number of white
players and decreasing the number of black players each year
since 2012;
m.
Other actions which, in their totality or individually, created a

racially hostile environment.
21.
In addition to the above discriminatory statements and/or misconduct
of the Defendants, Bollant and/or Divilbiss, acting under color of law and in the
scope of the employment of each with the Defendant University, the Defendants,
Bollant and/or Divilbiss, also engaged in a discriminatory campaign of statements
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and/or misconduct of treating black players and white players who associated
and/or supported the black players differently than the favored and/or
non-associating white players, where if a non-associating or favored white girl
played poorly or made mistakes, the Defendants, Bollant and/or Divilbis,
encouraged the white girl or coached her for improvement; yet if a black girl or
associating white girl played poorly or made a mistake, the black and/or associating
white player was insulted, denigrated, demeaned, demoralized and/or embarrassed
in front of the rest of the team or other observers in a manner so as to publicly
humiliate and disparage that player, and otherwise in a manner that exhibited an
intent to discriminate against that player based on race or that player's association.
22.
The aforementioned campaign of statements and/or misconduct had
the intention and/or design to compel and/or coerce the Plaintiffs to quit the team,
surrender their scholarship and/or transfer from the Defendant University, and
which conduct was otherwise negative and adverse in contrast to the treatment of
persons similarly situated otherwise.
23.
More specifically, the Defendants, Bollant and/or Divilbiss, acting
under color of law and within the scope of the employment of each with the
Defendant, University, engaged in the following campaign of statements and/or
misconduct that created and/or constituted a racially hostile environment and/or
discrimination based upon race:
a.
Publicly and/or privately addressed Amarah Coleman during

games, practices and/or in meetings in such a manner that was
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designed and/or intended to embarrass, denigrate, demoralize

and/or demean Amarah Coleman in front of others and to
discourage her from continuing to participate in the Program
and team;
b.
Publicly and/or privately addressed Alexis Smith during games,

practices and/or in meetings in such a manner that was
and/or demean Alexis Smith in front of others and to discourage
her from continuing to participate in the Program and team;
c.
Publicly and/or privately addressed Nia Oden during games,

and/or demean Nia Oden in front of others and to discourage her
from continuing to participate in the Program and team;
d.
Publicly and/or privately addressed Sarah Livingston during

games, practices and/or in meetings in such a manner that was
and/or demean Sarah Livingston in front of others and to
and team;
e.
Publicly and/or privately addressed Taylor Tuck during games,

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and/or demean Taylor Tuck in front of others and to discourage
her from continuing to participate in the Program and team;
f.
Publicly and/or privately addressed Sarah Hartwell, a black

player, during games, practices and/or in meetings in such a
manner that was designed and/or intended to embarrass,
denigrate, demoralize and/or demean Sarah Hartwell in front of
others and to discourage her from continuing to participate in
the Program and team;
24.
In the context of such public and/or private addresses directed toward
the team's black players to the systematic exclusion of the team's non-associating
and/or favored white players, the Defendants also singled out white players who
associated with and/or supported their black teammates who were being verbally
and/or psychologically mistreated and abused on account of their race, through
retaliatory actions such as:
a.
Publicly and/or privately addressing Jacqui Grant in such a

manner during games, practices and/or in meetings in a manner
that was designed and/or intended to embarrass, denigrate,
demoralize and/or demean her in front of others in retaliation
for her association and/or support for her black teammates who
were being treated discriminatorily, and to discourage her from
associating with and/or supporting her black teammates, and to
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and team, including on one or more occasions referencing a
personal and confidential condition protected from disclosure by
federal and state confidentialities;
b.
Publicly and/or privately addressing Taylor Gleason in such a

manner during games, practices and/or in meetings in a manner
that was designed and/or intended to embarrass, denigrate,
demoralize and/or demean her in front of others in retaliation
for her association and/or support for her black teammates who
were being treated discriminatorily, and to discourage her from
associating with and/or supporting her black teammates, and to
and team.
25.
The above described conduct constituted and created a racially hostile
environment that existed from approximately 2013 through the end of the academic
year 2015, and otherwise amounted to disparate and divisive treatment of black
players and white players who associated and/or supported the black players,
including the Plaintiffs herein, in contrast to the positive and productive treatment
of those similarly situated but for the race and/or association of the person.
26.
During the time period set forth in 25, above, the Defendant, Bollant,
was actually aware of the racially hostile environment, was in a position to address
the racially hostile environment, was in a position to take measures to end it and
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was deliberately indifferent to the racially hostile environment and its

consequences on the Plaintiffs. Also, the Plaintiffs believe that, after a reasonable
opportunity for further investigation or discovery, they will likely have evidentiary
support that the Defendant, Thomas, during the time period set forth in 25, above,
was actually aware of the racially hostile environment, was in a position to address
the racially hostile environment, was in a position to take measures to end it and
was deliberately indifferent to the racially hostile environment and its
consequences on the Plaintiffs
27.
After the 2014-2015 season, as a direct result of the aforementioned
statements, misconduct and campaign of the Defendants, Bollant and/or Divilbiss,

acting under color of law and within the scope of the employment of each with the
Defendant University, amounting to a racially hostile environment, the Plaintiff,
Amarah Coleman, surrendered her scholarship and transferred out of the
28.

Alexis Smith, surrendered her scholarship and transferred out of the Defendant
University.
29.

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Sarah Livingston, surrendered her scholarship and transferred out of the
30.

Taylor Gleason, surrendered her scholarship and transferred out of the Defendant
University.
31.

Jacqui Grant, surrendered her scholarship and transferred out of the Defendant
University.
32.
Furthermore, as the proximate result of the above referenced racially
hostile environment and/or intentional discrimination and/or retaliation occurring

as a result of the aforementioned statements, misconduct and/or campaign of the
Defendants, Bollant and/or Divilbis, acting under color of law and within the scope
of employment of each with the Defendant University, each Plaintiff has suffered
and will continue in the future to suffer injuries of a personal and pecuniary nature.
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COUNT I
RACIALLY HOSTILE ENVIRONMENT IN EDUCATION
42 U.S.C. 2000d (Title VI of the Civil Rights Act of 1964)
33.
Plaintiffs incorporate 1 through 32 as if fully set forth herein.
34.
At all times relevant herein, the Plaintiffs, Amarah Coleman, Alexis
Smith, Taylor Tuck, Nia Oden, Sarah Livingston, Taylor Gleason and Jacqui Grant,
were enrolled as student athletes under athletic scholarships in the Defendant
University and enjoyed at all times those protections and freedoms from racial
discrimination set forth in Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d,
specifically the prohibition against discrimination on ground of race from
participation in and/or benefit of an educational institution's programs and/or
activities.
35.
At all times relevant hereto, the Defendants, Thomas, Bollant,
Divilbiss and Defendant University, operated, managed, maintained and/or

controlled a program or activity, being the Women's Basketball Program, that
received, directly and/or indirectly, federal assistance and accepted such.
36.
As described above, the Defendants, Bollant and/or Divilbiss, acting
under color of law and within the scope of employment of each with the Defendant
University, created and maintained a severe, pervasive and objectively offensive
racially hostile environment within the Women's Basketball Program that
constituted racial discrimination in violation of 42 U.S.C. 2000d and operated to
exclude, deny and/or deprive the Plaintiffs, of participation in and/or the benefits of
same.
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37.
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As described hereinabove, the Defendants, Thomas and/or Bollant,
being in a position to address and take measures to correct the racially hostile
environment, were deliberately indifferent to the racially hostile environment and
its consequences on the Plaintiffs despite actual knowledge of it.
38.
As a proximate result of the aforementioned racially hostile
environment and intentional racial discrimination, the Plaintiffs, Amarah Coleman,

Alexis Smith, Taylor Tuck, Nia Oden, Sarah Livingston, Taylor Gleason and Jacqui
Grant, each suffered personal and economic injuries, including but not limited to
emotional, mental and/or psychological suffering and distress.
WHEREFORE, the Plaintiffs, Amarah Coleman, Alexis Smith, Taylor Tuck,
Nia Oden, Sarah Livingston, Taylor Gleason and Jacqui Grant, each demand
judgment against the Defendants, Board of Trustees of the University of Illinois
Urbana-Champaign, Mike Thomas, Matt Bollant and Mike Divilbiss, jointly and
severally, for compensatory and punitive damages in a total sum in excess of Ten
Million Dollars ($10,000,000.00), plus attorney's fees and costs of this suit on such
judgments pursuant to 42 U.S.C. 1988(b) and Federal Rule of Civil Procedure 54,
and any other legal or equitable relief this Court deems just and appropriate.
COUNT II
RACE DISCRIMINATION AGAINST RIGHT TO CONTRACT
42 U.S.C. 1981(a) (Civil Rights Act of 1991)
39.
herein.
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40.
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Smith, Sarah Livingston, Taylor Gleason and Jacqui Grant, were enrolled as
student athletes under athletic scholarships in the Defendant University and
enjoyed at all times those protections and freedoms from racial discrimination in
the making of contracts set forth in 42 U.S.C. 1981. Each had at least one year of
Women's Division I Basketball athletic eligibility remaining.
41.
At all times relevant herein, the Defendants, the Board of Trustees of
the University of Illinois Urbana-Champaign, Matt Bollant and Mike Divilbiss,

offered to each Plaintiff, Amarah Coleman, Alexis Smith, Sarah Livingston, Taylor
Gleason and Jacqui Grant, athletic scholarships to attend the Defendant University
in exchange for each respective Plaintiff providing her services and talents for
participation in and play on the Defendant University's Women's Basketball
Program. Each Plaintiff and the Defendants entered into the respective contractual
agreement with the expectation that such would continue for the duration of each
Plaintiff's undergraduate career barring exhaustion or other termination of the
Plaintiff's eligibility under NCAA rules or otherwise.
42.
As a proximate result of the above referenced racially discriminatory

acting under color of law and within the scope of their employment with the
Defendant University, each Plaintiff was denied and/or deprived of her existing
and/or expected benefit of the athletic scholarship contractual agreement, in
violation of 42 U.S.C. 1981(a).
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WHEREFORE, the Plaintiffs, Amarah Coleman, Alexis Smith, Sarah

Livingston, Taylor Gleason and Jacqui Grant, each demand judgment against the
Defendants, Matt Bollant and Mike Divilbiss, jointly and severally, for
compensatory and punitive damages in a total sum in excess of Ten Million Dollars
($10,000,000.00), plus attorney's fees and costs of this suit on such judgments
pursuant to 42 U.S.C. 1988(b)-(c) and Federal Rule of Civil Procedure 54, and any
other legal or equitable relief this Court deems just and appropriate.
COUNT III
EQUAL PROTECTION VIOLATION
42 U.S.C. 1983 (Civil Rights Act of 1871)
43.
herein.
44.
At all times relevant hereto, the Plaintiffs, Amarah Coleman, Alexis
enjoyed all the rights, privileges and freedoms of the Fourteenth Amendment to the
United States Constitution, including specifically the right to Equal Protection of
the Laws and the correlative right thereunder to be free from intentional and
invidious discrimination on the basis of race and association.
45.
As described above, the Defendants, Bollant and/or Divilbiss,
intentionally and invidiously discriminated against the Plaintiffs, Amarah

Coleman, Alexis Smith, Taylor Tuck, Nia Oden and Sarah Livingston, motivated on
ground of the race of these Plaintiffs, and in a manner contrary to their treatment
of others similarly situated in all respects other than race, and otherwise in such a
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manner and under such circumstances that reveal an impermissible discriminatory

purpose in violation of the Fourteenth Amendment's guarantee to Equal Protection
of the Laws.
46.
Additionally as described above, the Plaintiffs, Taylor Gleason and
Jacqui Grant, were retaliated against by the Defendants, Bollant and/or Divilbiss,
in a manner and under such circumstances as amounting to intentional and
invidious discrimination on the ground of race for their association with the black
Plaintiffs, and otherwise in such a manner and under such circumstances that
reveal an impermissible discriminatory purpose in violation of the Fourteenth
Amendment's guarantee to Equal Protection of the Laws.
judgment against the Defendants, Matt Bollant and Mike Divilbiss, jointly and
severally, for compensatory and punitive damages in a total sum in excess of Ten
Million Dollars ($10,000,000.00), plus attorney's fees and costs of this suit on such
judgments pursuant to 42 U.S.C. 1988(b) and Federal Rule of Civil Procedure 54,
and any other legal or equitable relief this Court deems just and appropriate.
COUNT IV
ILLINOIS CIVIL RIGHTS ACT VIOLATIONS
740 ILCS 23/5
47.
herein.
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48.
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were enrolled as student athletes under athletic scholarships in the Defendant
University and enjoyed at all times those protections and freedoms from racial
discrimination set forth in 740 ILCS 23/5(a)(1), specifically the prohibition against
discrimination on ground of race from participation in and/or benefit of an
educational institution's programs and/or activities.
49.
At all times relevant hereto, the Defendants, Bollant, Divilbiss and
Defendant University, operated, managed, maintained and/or controlled a program

or activity, being the University of Illinois Women's NCAA Division I Basketball
Program and Team.
50.
As described above, the Defendants, Bollant and/or Divilbiss, acting
under color of law and within the scope of the employment of each with the
Defendant University, created and maintained a racially hostile environment
within said program and team that constituted racial discrimination in violation of
740 ILCS 23/5 and operated to exclude, deny and/or deprive the Plaintiffs, of
participation in and/or the benefits of same.
51.
As a proximate result of the aforementioned racially hostile
environment and racial discrimination, the Plaintiffs, Amarah Coleman, Alexis

each suffered actual personal and economic injuries, including but not limited to
emotional, mental and/or psychological suffering and distress.
/MN
Page 23 of 24
2:15-cv-02146-CSB-EIL # 1
Page 24 of 24

judgment against the Defendants, the Board of Trustees of the University of Illinois
Urbana-Champaign, Matt Bollant and Mike Divilbiss, jointly and severally, for
compensatory and actual damages in a total sum in excess of Ten Million Dollars
($10,000,000.00), a mandatory injunction pursuant to 740 ILCS 23/5(b) ordering the
Defendant, Board of Trustees of the University of Illinois Urbana-Champaign and
Matt Bollant, to remediate the racially hostile environment and to institute such
policies and/or measures as to correct and reform the Women's Division I Basketball
Program, any other legal and/or equitable relief this Court deems just and
appropriate, and attorney's fees and costs of this suit pursuant to 740 ILCS 23/5(c)
and 735 ILCS 5/5-108, and any other legal or equitable relief this Court deems just
and appropriate.
Plaintiffs demand a trial by jury on all issues and claims so triable.

Respectfully submitted by:
By: s/ Terry A. Ekl
Terry A. Ekl, #00727105
Patrick L. Provenzale, #6225879
Tracy Stanker, #6274868
Ekl, Williams & Provenzale LLC
Two Arboretum Lakes
901 Warrenville Road, Suite 175
Lisle, IL 60532
(630) 654-0045
(630) 654-0150 Facsimile
tekl@eklwilliams.com
pprovenzale@eklwilliams.com
tstanker@eklwilliams.com
/MN
Page 24 of 24
2:15-cv-02146-CSB-EIL # 1-1
Page 1 of 2
CIVIL COVER
SHEET
JS 44 (Rev. 12/12)
E-FILED
Wednesday,
2015
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service
of pleadings or01
otherJuly,
papers as
required11:00:43
by law, exceptAM
as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required
for
the
use
of
the
Clerk
of
Court for the
Clerk,
U.S.
District
Court,
ILCD
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Amarah Coleman, Alexis Smith, Taylor Tuck, Nia Oden, Sarah

Livingston, Taylor Gleason and Jacqui Grant,
(b) County of Residence of First Listed Plaintiff
The Board of Trustees of the University of Illinois Urbana-Champaign,

Mike Thomas, Matt Bollant and Mike Divilbiss,
County of Residence of First Listed Defendant
Will
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
NOTE:
Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)

901 Warrenville Road, #175, Lisle, IL 60532
(630) 654-1624
unknown
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
OTHER STATUTES
375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 U.S.C. 2000d (Title VI), 42 U.S.C. 1981(a), 42 U.S.C. 1983, 740 ILCS 23/5, and 14th Amendment
VI. CAUSE OF ACTION Brief description of cause:
Violations against Plaintiffs for racial discrimination, retaliation & invidious discrimination by Defendants
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
DEMAND $
10,000,000.00
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
s/ Terry A. Ekl
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
JS 44 Reverse (Rev. 12/12)
2:15-cv-02146-CSB-EIL # 1-1
Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
2:15-cv-02146-CSB-EIL # 1-2
Page 1 of 2
E-FILED

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
CentralDistrict
Districtof
of__________
Illinois
__________
Amarah Coleman, Alexis Smith, Taylor Tuck, Nia
Oden, Sarah Livingston, Taylor Gleason and Jacqui
Grant,
Plaintiff(s)
v.
The Board of Trustees of the University of Illinois
Urbana-Champaign, a Body Politic and Corporate,
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 15-cv-02146
SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) The Board of Trustees of the University of Illinois Urbana-Champaign
352 Henry Administration Building, MC-350
506 South Wright Street
Urbana, IL 61801
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Terry A. Ekl
Patrick L. Provenzale
Tracy Stanker
Lisle, IL 60532
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
2:15-cv-02146-CSB-EIL # 1-2
Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
I personally served the summons on the individual at (place)

on (date)
; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individuals last known address; or
I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)

on (date)
; or
I returned the summons unexecuted because
; or
Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
Print
Save As...
Reset
2:15-cv-02146-CSB-EIL # 1-3
Page 1 of 2
E-FILED


for the
CentralDistrict
Districtof
of__________
Illinois
__________
Grant,
Plaintiff(s)
v.
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)

To: (Defendants name and address) Matt Bollant
UOI Division of Intercollegiate Athletics
Bielfeldt Athletics Administration Building
1700 South Fourth Street
Champaign, IL 61820

Tracy Stanker
Lisle, IL 60532
CLERK OF COURT
Date:
2:15-cv-02146-CSB-EIL # 1-3
Page 2 of 2

PROOF OF SERVICE

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
Save As...
Reset
2:15-cv-02146-CSB-EIL # 1-4
Page 1 of 2
E-FILED


for the
CentralDistrict
Districtof
of__________
Illinois
__________
Grant,
Plaintiff(s)
v.
Defendant(s)
)
)
)
)
)
)
)
)
)
)
)
)

To: (Defendants name and address) Mike Thomas
UOI Division of Intercollegiate Athletics
Bielfeldt Athletics Administration Building
1700 South Fourth Street
Champaign, IL 61820

Tracy Stanker
Lisle, IL 60532
CLERK OF COURT
Date:
2:15-cv-02146-CSB-EIL # 1-4
Page 2 of 2

PROOF OF SERVICE

on (date)
; or
on (date)
, who is

on (date)
; or
; or
Other (specify):
.
My fees are $
for travel and $
0.00
Date:
Servers signature
Servers address
Print
Save As...
Reset

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Illinois Women&#39;s Basketball Lawsuit

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2:15-cv-02146-CSB-EIL # 1

Wednesday, 01 July, 2015 11:00:43 AM

IN THE UNITED STATES DISTRICT COURT

The Board of Trustees of the

This action is brought to secure damages as redress for violations of

to the United States Constitution prohibiting racial discrimination, retaliation and

Venue is appropriate in this District pursuant to 28 U.S.C. 1391(b) as

Amarah Coleman is and was, at all times relevant hereto, a citizen of

Sarah Livingston is and was, at all times relevant hereto, a citizen of

Division I Division of Intercollegiate Athletics, including therein an NCAA Division

Facts Common to All Counts of the Complaint

Plaintiffs incorporate 1 through 14, above, as if fully set forth

From 2007 until 2012, the Defendant University's Women's Basketball

Defendant, Bollant, was hired. Thereafter, he initiated and/or continued the

The aforementioned NCAA Division I athletic scholarships offered and

expectation of continuation of such agreement for the successive academic years

2013-2014 academic year and/or basketball season, and continuing on thereafter

Specifically, the Defendants, Bollant and/or Divilbiss, acting under

Instituted segregated practices singling out the black Plaintiffs,

Referred to the black Plaintiffs, Alexis Smith, Nia Oden and

Referred to these segregated practices as "the dog pound,"

Appointed a white player captain without a team vote and even

Relegated and/or threatened relegation of the white Plaintiffs,

Instituted segregated travel room assignments, prohibiting

During team preparations for games against other schools

During team preparations for games against other schools

what the other team's white players were thinking or going to

During team preparations for games, referred to opposing teams

Directly labeled or implied that one or more of the black

Leveled discipline against the black players more severe than as

Re-constituted the team roster in favor of recruiting and signing

Other actions which, in their totality or individually, created a

In addition to the above discriminatory statements and/or misconduct

The aforementioned campaign of statements and/or misconduct had

More specifically, the Defendants, Bollant and/or Divilbiss, acting

Publicly and/or privately addressed Amarah Coleman during

designed and/or intended to embarrass, denigrate, demoralize

Publicly and/or privately addressed Alexis Smith during games,

Publicly and/or privately addressed Nia Oden during games,

Publicly and/or privately addressed Sarah Livingston during

Publicly and/or privately addressed Taylor Tuck during games,

designed and/or intended to embarrass, denigrate, demoralize

Publicly and/or privately addressed Sarah Hartwell, a black

In the context of such public and/or private addresses directed toward

Publicly and/or privately addressing Jacqui Grant in such a

discourage her from continuing to participate in the Program

Publicly and/or privately addressing Taylor Gleason in such a

The above described conduct constituted and created a racially hostile

was deliberately indifferent to the racially hostile environment and its

After the 2014-2015 season, as a direct result of the aforementioned

statements, misconduct and campaign of the Defendants, Bollant and/or Divilbiss,

After the 2014-2015 season, as a direct result of the aforementioned

statements, misconduct and campaign of the Defendants, Bollant and/or Divilbiss,

After the 2013-2014 season, as a direct result of the aforementioned

statements, misconduct and campaign of the Defendants, Bollant and/or Divilbiss,

After the 2014-2015 season, as a direct result of the aforementioned

statements, misconduct and campaign of the Defendants, Bollant and/or Divilbiss,

After the 2014-2015 season, as a direct result of the aforementioned

statements, misconduct and campaign of the Defendants, Bollant and/or Divilbiss,

Furthermore, as the proximate result of the above referenced racially

hostile environment and/or intentional discrimination and/or retaliation occurring

Plaintiffs incorporate 1 through 32 as if fully set forth herein.

At all times relevant herein, the Plaintiffs, Amarah Coleman, Alexis

At all times relevant hereto, the Defendants, Thomas, Bollant,

Illinois Women's Basketball Lawsuit

Illinois Women's Basketball Lawsuit