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E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT COURT COURT FOR POLK COUNTY IN THE IOWA DISTRIC NICHOLE MOODY, Case No. Plainstf, PETITION STATE OF IOWA, IOWA STATE, ‘and, UNIVERSITY OF SCIENCE AND, JURY DEMAND, TE FENNELLY, HINOLOGY, and WILLIAM Defendas COMES NOW the Pluintff, Nichole Moody, and for her eause of action heseby states as follows: 1, ‘This is an netion under the Iowa Civil Rights Act, challenging Defendants’ race discrimination and retaliation against Phinsitt 2. Phintff Nichole Moody isa resident of ‘Tarrant County, Teas Science and ‘Techaology (the “University” isa 3. Defendant lawa State University of S filly aceredited four-year ste universiy esubshed pursuant to Chapter 260 ofthe Towa Code, governed by the state board of regents, dang business in Story andl Polk Counties in low 4. Defendant State of Town a sovereign state as defined inthe Kowa Code, has ts principal place of business in Polk County, Towa Defendan: William Fennelly isa resident of Story County, low Towa, 6. ‘Theaets of which Pint complains occurred in Story Cou Page. 1 of 12 Postion and Jury Demand E-FILED 2016 APR 16 1:10 PM POLK. CLERK OF DISTRICT COURT PROCEDURAL REQUIREMENTS 7. On approximately May 15, 2015, within 300 days of the nets of which she complains, intiff fied charges of education diseriminasion against Defendants with the Lowa Civil Rights Commission, Plainsift’s ebarges. FACTUAL BACKGROUND. 9, Defendant Williams Fennelly has been the head coach of the Towa State University Women's Basketball team since 1995, 10. Phintiff Nichole Moody isa black Female, protect 4 from discriminawory practices by the Lowa Civil Rights Act 11, Nichole graduated from ‘Teinity High School! in Buless, Yexas in 2011. She was a three-time all-districr selection, ‘Texas Basketball Magazine All-State selection, 2011 MeDonald’s All Amesican game nominee, and a top 100 reerait 12, The University hosts an annual “Elite Camp” designed for elite high schoo! players State honors, Nichole attended the University's who have achieved AtL-Conference, MAre, 0 Al 2010 Tite Carp ad stood out as skilled and promising player. 13. “The firstcime that Nichole spoke to Defendant Fennelly was on the lst day ofthe 2010 Elite Camp. Fennely told Nichole that his coaching staff discussed the camp participants and nad decided Nichole wookd be great for the Universiy’s Women's Basketball cam. 14. Fennelly offered Nichole a full-re athletic scholarship, Nichole committed to the University, and accepted the fullsee scholarship, about a month later, on and Jury Demand Page of 12 E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT COURT 15, Acthe time that Nichole comnited, there was only one black player on Fennel's 16, Nichole arsived om camps in Jone 2011 17, Defendants treated Nichole anl other back: women's basketball plays deren than they teated white women’s basketball players. 8. While proparing for her fst academic year, Niche told Academie Advisor Jeff Sessler that she wanted to be a veterinarian, an that she wanted to pursue a pre-veterinary curriculum atthe Universi 19, Sessler rold Nichole thar he would have to check with Fennelly about her request. 20, Sessler denied Nichol 's request and explained that it would be to dificul 10 manage a pre-veterinary program and basketball. He gave her a limited lis of different majors that she could choose from. Sessler told Nichole that “most of oe athletes do communications.” 21, Sessler made it elese 1o Nichole that che Athletics Department only wanted athlen to pursue majors that could be manipulated by athletics sta 22. Fennelly and his coaching staf immediately discouraged the black athletes from spending time together: 23. ‘Throughout Nichole’ enpolmene atthe Universiy, Fennelly elle her names criticized her, made negative comments about her and her Family, and alienated ber from fans, teammates, staff, and her own parents 24, Fasly in her freshman year, Nichole was assaulted while visiting a bar near campus, Nichole was called before a University dean andl made to answer for her involvement in the akercation, ‘The dean declined to impose any discipline ayainst Nichole when ic was discovered that she was not the aggressor eition and Jory Dera Page 3 of 12 LED 2016 APR 15 1:10 PM POLK CLERK OF DISTRICT COURT 25, Bven though Nichole was not che aggressor, Fennelly summoned her to a meeting in his office 26. Fennelly called! Nichole a “thug,” He told her that “everyone” told him not 10 recmnit her because af her background, He said that he should bave listened ro them. 27. During practice later she same season, Fennelly loudly referred to Nichole as “thug” in front of her teammates. 28 Fennelly called Nichole a “thug” many more times daring her enrollment 29, Nichole injured her hand during a practice in she fall oF her Freshman year. She wel an assistant coach that she could not shoot beeause of the injury. When Fenncly heard Nichole could not shoot, he became iste at Nichole and yelled at her, steaming chat she was “sling anyways” He then kicked her our of practice. 30, During an carly morning practice two white athletes were leading rwo black athletes in drills, Fennelly was not happy with their performance, but instead of reprimanding the white players, Chelsea Pappens and Hallie Christatlerson, who were supposed to be leading the dell, he verbally berated dblack athletes Kilealh Mays and Fallon Fis 31, Dating Nichole’s Freshman yea Fennelly repeatedly demeaned Chassly Coe, the only black ablete on the team who was nota freshman, in front of hee teammates, saying such things as: Chass wl end up in prison, just lke her mother; b. Chassidy isa thogs ‘c._ Chassidy is ungeateful for whae Fennelly has done for her and «l. The est thing to ever happen to Chassiely is Fennelly off syher a scholarship, 32, Fennelly continued to verbally abuse Nichole and the other black athletes throughoue the 2011-12 basketball season, 33, In spite of the ongoing harassment andl disesimination, Nichole played in all 31 games of her freshman seasos She started 29 of 31 games anc played more minutes than any other freshman, 34, Aftora game during Nichol’ feshman season, Fennely called the team “ungrateful bitches.” ‘The comment brought severil white athletes tars becnuse they had not previously theard such crass language from Fennelly, Unfortunately, the black athletes were already familia ith his abuse 35, Inthe spring of 2012, Fennely made the entire sean run sprints except for white atilere Chelsea Poppens. Fennell yled tothe team that he know they thought he had a favorite tha they were sight and that Poppens wns hi Faves pape 36. Dating Nichole’s sophomore year, Fennell told her during « meeting tha she “wouldn't be anything” withour him, that she “would be plying at Rice” iF he had nox offered her a scholarship, and that he “made” hee who she is, Fennelly wold Nichole thar “all she does is biteh Another black athlete, Brynn Williamson, for the meeting ras pres 37. In April 2014, during Nichole’s janior year, Fennelly called her ine his office and 1 know yau are the one who wrote a bad evaluation about me. I know you are tying to get ne fired.” Plainti had not written a negative evaliaation about Fennelly a the time: 38 During Nichols senior year there were three seniors on the tearm, all of whom were black. Fennelly tld the freshman class that Nichole and the other seniors were “bad influences” and to “stay away from them?” 39, Fennelly had eacouraged players ro ypend time around senior white arblews in prior years, but issued the opposite advice when the seniors were black Petition and Jury Demand Page Sof 12 E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT GOURT 40, In Ociuber 2074, Fennaly suspended Nichole ace she asked Jada Buckley, a white athlete, 0 stop shooting the ball so the team could work on thee offensive plas doting a practice 41. ‘The asstane coach who fist reprimanded Nichole later apologized 10 her for the dlsagreement. 42, Pennelly told Nichole she was dhe “most selfish player” he ever had, and then kicked ‘over a basketball ack, walked so 4 bal 1) glared at Nichole forthe rest ofthe practice. “a ON led Jnole isthe First player that Pennelly has ever suspe 44, Duting.a senior meeting, Fenselly told Plaintiff, “You have been trying to ruin my Jif, but ¥ will get dhe lase Fath. 1 can’t wait to tell coaches chat call me alt the negative things | Iknow about you.” 45, Daring Phintifi’s senior year, Fennelly told Nichole 10 stop cheekiog on, and trying to help, Nakiah Bell, a black freshman, because “she sucks.” 46, Inthe fall oF 2014, Nichole’s uncle passed away. When Nichole asked permission 20 _g0 to the Funeral she was denied and told she was selfish for asking, 47, White athfece Jada Buckley was allowed 10 attend the funeral of an uorelaed peighbor. She was not accused of being “selfish” for wanting to attend. sive and wld Nichole loudly 48. During a practice in January 2015, Fennelly stopped pra For everyone to hear a. “Tecan walt to never have 19 see your face again” bb. “You are the most selfish player I have ever coached,” despite Plaintiff breaking the cearcer recon’ for assists at Towa Sea and unt wair to tell everyone the truth about you." 49. Dorinyga practice, Fennelly told dhe black athletes that they “weren't raised sight” and all chey did was take and never give. Petition and Jury Demand Page 6 of 12 E-FILED 2016 APR 15 4:10 PM POLK - CLERK OF DISTRICT COURT 50, Dring Nichole’ senior year one of Pennell’ assistant coaches said, This isthe fist and las dine we wil have thie many bluck people on the team.” 51, Fennely never spoke with Nichole when they pasted eich other outside of practice, byt he wold spe withthe white players har were nest to her Fennelly used scout ream dugy as punishment for minority players and never thanked them for helping. When white players were on the scout team, Fennelly would thank them for “helping to make the team better.” 53, Doring Nichole's senior year, white feshman Emily Dure woul roll hang out with Nichole and black freshmen Nakish Bell and Blsre‘Thomas. Dun hal a meeting wih coaching staf and then abruply stopped hanging out with the black athletes 54, Fennely had four favorite players all of whom were white, ‘These payers were allowed to rooms together on road trips and were afforded opportunities minority players were not, such as dinner dates with coaches and ecard tsining from Fennel’s daughter ina, a former professional basketball phyer 55, Fennelys senior basketball players have rationally given speeches near the conclasion of thei last season, For ten years preceding Nichol’ senior ya, the speeches were not reviewed by Fennelly othe coaching staff before they wore deliver 56, Fennely reqied all the black senior athletes to have dir speeches pre-approved by bios In prior years, white senior athletes who had a chance of being drafted by the ‘Women’s National Basketball Association were alloyed to continue co use the facilites in preparation for dhe WNBA draft. $8. When Nichole scored 30 poines in a game, F ‘fused to respond to quest about her performance, instead calling her “not consistent.” Pape 7 of 32 E-FILED 2016 APR 15 #:10 PM POLK - CLERK OF DISTRICT COURT 59, Dring che last game of Nichol’ carer, Fenelly told another player to “shut up,” tnd then told her that their opponent was thinking, “Bitch, look atthe score.” 60. White athlete Chelsea Poppens finished her eareer atthe University in 2013, As of Jane 2014, she was sill raining atthe University’s basketball facilities, “The University’s tainers provided medical treatment ro Poppens after she suffered an injury during a professional game fn Ansralia 61. Days after the conclusion of Nichole’s senior season in March 2015, Nichole and black athlete Brynn Williamson were told chey were not welcome back to the basketball facility. 62, Defendants removed Nichole and Bryan's name tags from cheir lockers an left Nichole’s laying on the floor. 63, Defendants placed Nichole’s belongings in sash bags outside her locker: 64, Tn March 2015, Fennelly told everyone he was “changing the cultore of the team” and then asked Blaire Thomas, a black athlete, co Teave the ream. 65, In the summer of 2015, another black athlete decided 10 transfer o adi school beeause of Fennel’seearment 66, ‘Throughout Nichol’s ime atthe University, ennelly would threaten (© take away her scholarship, reminding Nichole that he controled her access to education 67, "Throughout Nichole’s me a the University, white athletes were given preferential ‘oom assignments on road tips 68 Nichole graduated from the University in 2015 afler a stellar career in which she received the following awards a, 2012: Big 12 Freshman of the Week (Nov. 21, Nov. 28, Jan, 30) 1D, 2012: Big 12 All-Freshman Team & 2013: AILBig 12 Honorable Mention Pestion and Jury Deman Page 8 of 12, E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT COURT 4. 2014 ABig 12 Second ‘Team 2015: All Big 12 First“Vesm unanimous pile 6 St, Mary's Thanksgiving Tournament All-Tournament ‘Team @ 2015: Nancy berman Ay ard Top-t5. 1b, 2015: Big 12 Player of the Week 'eb.9, Mar. 2) i, 2015: WBCA All-Region Nominee j. 2015: WBCA Honorable Mention All-American k, Carcer Assists Leader at Towa S ate Unive iy o. 7 ly portrayed her negatively w the media, saying, oughout Nichole’s career, Fen she would be remembered for being suspended, not for any of her numerous on-court accomplishments, ‘Throughout Nichole's time at the University, she repeatedly complained to coaching, staff, including Director of Basketball Operations Josh Carper, Assistant Coach Jodi Si fer, and rior Associate Director of Atbleties Dt. Ci Ii Sanders, ahoue the treatment she received from Fennelly. Nothing was done in response 71, ‘Throughout Nichole’s time at the University, she was constantly demeaned, berated, Innrassed, and discriminated against by Defendants. ‘The abuse was so pervasive that Nichole ssfered severe emotional distress, whieh negatively impacted her pends, 72 Despite Nichole’s exemplaey career on the court, Defendants did not ad hero any WNBA wateh lists until her mosher, hrystal Moadly, expressed her concerns about this to Director (of Basketball Operations Josh Carpenter. 73. Nichole was selected with the 33rd overall pick in te 2015 WNBA draft by the San Antonio Sears Page 9 of 1 E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT COURT m4 jan Antonio is one ofthe league's best ichole was drafted, Fennelly stated, “S Franebises and head coach Dan Hughes is friend of mine.” 75, In April 2015, Nichole filed « complaine with the lows Stace University Orice of Equal Opportunity against Fennelly 76, The next month, Nichole was cut by Fennelly’s “friend” Dan Huyhes, coach of the San Antonio Stars 77, In November 2015, Fennelly sated on a radio program that he would av longer be from the south, where over half (584 recruiting playe 78. University President Si 1a Leath’s wife, Janet Leath, attended Nichole’s graduation and spoke with her after the ceremony. Ms. Leach apologized to Nichole for Fennelly’s treatment and asked questions about his treatment, Ms, Leati told Nichole that she had already heard about much of his conduct », employee and agent of the University, acting at all material times in the scope of his employment and agency. 80. Joli Soyer was an employee and agent of she University, acting a all material times in the scope of her employment and agency. 81. Dr. Calli Sanders was aa employee and agent of the University, acting at all material times in the scope of her employment and agency 82, Williams Fennelly was an employee and agent of the University, acting a all material times in the seape of his employment and agency. COUNT! VIOLATION OF THE IOWA CIVIL RIGHTS ACT RACE DISCRIMINATION AND RETALIATION 83, Phioui relleges paragraphs through 82 as if fully set forth herein, Pecition and E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT COURT 84, Defendant lowa State University of Science and Technology is and was ar all ies ‘material an “educational institution” within the meaning of the Lowa Civil Rights Act. 85, Defendants discriminated against Phi -with respect co programs and activities conducted atthe Univenity, in violation of Lowa Code Chapter 216, 86, Defendants created a hostile eiveation environment through racial hares it violation of Fowa Code Chapter 216 87, Plains race was a motivating factor in Defendants’ actions. 88, Plaintiff complained ro Defendants about the race discrimination she experienced aad otherwise apposed practices made unlawful by lowa Code Chapter 216, 89. Defendants reaiated aginst Phintiff because of her complaints and opposition to discrimination 90, PhinifPs protected activities were a motivating faciors in Defendants retaliation against her. 91, Asa resulrof Defendants illegal sets and omissions, Phin has in the past and will in che future suffer damages, including but noc Limited to mental ancl emotional distress, fear, anguish, humiliation, intimidation, embarrassment, ph jsical pain and suffering, ost enjoyment of lite, lost wages, and employment benefits, WHEREFORE, Plaintiff demands judgment against Defendants, jointly and se amount whieh willfully and fairly compensate her for ber injuries and darsages, for approp! equitable and injunctive relief including but nor limited to an order enjoining, Defendants from fosther violations of the ICRA, for prejudgment andl postjudgment interest, for attorney fees and litigation expenses, forthe costs of this netion, and for such other relief as may be justin the circumstances anl consistent with the poepose of the Iowa Civil Rights Act. JURY DEMAND, Jury: Demand Pays. 11 9f 12 E-FILED 2016 APR 15 1:10 PM POLK - CLERK OF DISTRICT COURT COMES NOW the Phinaff ancl hereby requests a trial by jury Petition and Jury Demand vob Vian FIEDLER & TIMMER, PIC. Brooke maner NT0008821 brgaketigcmplox mentiawionsa.com Nathan Borland ATOO11802 nats mploymeatovion acon BEST Windsor Parkway Johnston, JA 50131 ephone: (515) 254.1999 Faye (515) 254-9923 ATTORNEYS FOR PLAINTIED

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