Transcript
Page 1: Sunny Galloway lawsuit

IN THE UNITED STATES DISTRI4Rj DFOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN Ii)IVISIO][b MAY 2L P 1: 53

SUNNY W. GOLLO WAY, ))

PLAINTIFF, ))

V. )

)THE BOARD OF TRUSTEES OF )AUBURN UNIVERSITY; JAY JACOBS,)in his official and individual capacities as )Director of Athletics at Auburn University; )

DEBRA P. HACET1. C L KU.S. DISTRICT COURTIDDLE DISTRICT ALA

CASE NO.: 31 -cJ-

DAVID BENEDICT, in his then-official ) JURY TRIAL DEMANDEDand individual capacities as Chief Operating)Officer in the Athletic Department at )Auburn University; RICH McGLYNN, )in his official and individual capacities as )Senior Associate Athletics Director at )Auburn University; SCOTT DUVAL, )in his official and individual capacities as )

Director of Baseball Operations at Auburn ) f .. H.

University; and JEREMY ROBERTS, in ) .. .his official and individual capacities as )Baseball Administrator at Auburn )University, )

)DEFENDANTS. )

COMPLAINT

COMES NOW Plaintiff, SUNNY W. GOLLO WAY, and for his complaint

against Defenliants, THE BOARD OF TRUSTEES OF AUBURN UNIVERSITY;

JAY JACOBS, in his official and individual capacities as Director of Athletics at

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Auburn University; DAVID BENEDICT, in his then-official and individual

capacities as Chief Operating Officer of the Athletics Department at Auburn

University; RICH McGLYNN, in his official and individual capacities as Senior

Associate Athletics Director at Auburn University; SCOTT DUVAL, in his official

and individual capacities as Director of Baseball Operations at Auburn University;

and JEREMY ROBERTS, in his official and individual capacities as Baseball

Administrator at Auburn University, states as follows:

OVERVIEW

1. This is the lawsuit that proves the maxim that no good deed go

unpunished. Sunny Golloway, a class act and a winning coach, was hired by Auburn

University to turn around its struggling baseball program. He did that, took them to

NCAA post-season play for the first time in five years, had a top ten recruiting class,'

but because he got sideways with an intrenched bureaucrat in the Athletics

Department, charges were trumped up against him and he was shown the door. He

was terminated "for cause", therefore invalidating provisions of his written contract

which would have required Auburn University to pay him $1,000,000.00. He did not

commit acts which warrant termination "for cause", and he brings this lawsuit to

'Athletics Director Jay Jacobs, on information and belief, a big Tweeter, did not send anemail or a Tweet of congratulations to Coach Golloway when it was announced that Gollowayhad put together a Top Ten recruiting class.

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provide compensation for himself and his family, as a vehicle to help redeem his good

name, and as a measure to see to it that nothing like this ever happens to a coach at

Auburn University in the future. In a nutshell, Sunny Golloway deserves

compensation, and restoration of his good name.

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction over this cause of action

pursuant to 28 U.S.C. § 1332. There is complete diversity of citizenship between the

parties and the amount in controversy is in excess of $75,000.

3. Defendant the Board of Trustees of Auburn University is a state-

supported educational institution and is located within this judicial district and

division.

4. Defendants Jay Jacobs, Rich McGlynn, Scott Duval and Jeremy Roberts

("the individual Defendants"), on information and belief, reside and work in this

judicial district and division.

5. Individual Defendant David Benedict, on information and belief, resides

in the state of Connecticut and is the Athletics Director at the University of

Connecticut, and, at all times material herein, resided and worked in this judicial

district and division.

6. This action is brought within the judicial district wherein the unlawful

)

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employment practices and other unlawful acts were committed, making venue proper

under 28 U.S.C. § 1391 (2006).

7. Diversity of citizenship exists which provides j uri sdiction for this action

because most Defendants reside in this judicial district and division, one Defendant

resides, on information and belief, in Connecticut, and the Plaintiff resides in the

State of Oklahoma.

PARTIES

8. Plaintiff, Sunny W. Golloway ("Plaintiff', "Golloway" or "Coach

Golloway"), is a 54 year-old male resident of the State of Oklahoma. At all times

material herein, he was employed by Defendant Auburn University as its Head

Baseball Coach.

9. Defendant the Board of Trustees of Auburn University ("Defendant

Board", "Board" or "Auburn") is, upon information and belief, comprised of officials

who are responsible for policy and governance of Auburn University, including the

Auburn University Athletics Department and the Auburn University Baseball

program, wherein Plaintiff was employed. At all times relevant to this suit,

Defendant Board was the employer of Plaintiff.

10. Defendant Jay Jacobs ("Jacobs"), was, at all times material herein, the

Auburn University Athletics Director, and is sued in both his official and individual

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capacities.

11. Defendant David Benedict ("Benedict"), was, at all times material

herein, the Auburn University Chief Operating Officer of the Athletics Department;

is now, on information and belief, the Athletics Director at the University of

Connecticut; and is sued in both his official and individual capacities.

12. Defendant Rich McGlynn ("McGlynn"), was, at all times material herein,

the Auburn University Senior Associate Athletics Director, and is sued in both his

official and individual capacities.

13. Defendant Scott Duval ("Duval"), was, at all times material herein, the

Auburn University Director of Baseball Operations, and is sued in both his official

and individual capacities.

14. Defendant Jeremy Roberts ("Roberts") was, at all times material herein,

the Auburn University Baseball Administrator, and is sued in both his official and

individual capacities.

STATEMENT OF FACTS

Sunny W. Gollowav

15. Sunny Golloway, until his wrongful termination, had twenty-four years

experience as a collegiate coach and was proudly in the top fifteen percent in winning

percentage of all active college baseball coaches. He served as an assistant coach at

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the University of Oklahoma from 1992 - 1995, helping lead the Sooners to three trips

to the College World Series in those four years and the National Title in 1994 2 . He

took over as Head Coach at Oral Roberts in 1996, and in his eight seasons at Oral

Roberts, the Golden Eagles won the Mid-Continent Conference title and advanced

to an NCAA Regional in each of his final six seasons at ORU.

16. Prior to going to Auburn in June 2013, Golloway spent ten seasons

(2004 - 2013) at Oklahoma, the last eight (2006 - 2013) as Head Coach at the

University of Oklahoma, where he helped or led the Sooners to nine NCAA Regional

berths, four NCAA Super Regionals and the 2010 College World Series.

17. Coach Golloway has been a proven winner at each of his Head Coaching

stops. In eighteen full seasons as a Head Coach (eight each at Oklahoma and Oral

Roberts as well as two at Auburn), Golloway has amassed a record of 745-391-1

(.624), including twelve seasons with at least forty wins. He recorded a mark of 346-

181-1 (.65 6) in eight-plus seasons as the Oklahoma Head Coach, an average of more

'During his eight seasons as Head Coach at the University of Oklahoma, Coach Gollowayhad only one minor NCAA issue with two players who were out practicing with coaches on a daywhen they were supposed to be off in violation of NCAA rules. John Gray, his ace pitcher andthe first player picked by the Colorado Rockies, had already pitched in the rotation. CoachGolloway did not travel him to TCU for a game, not wanting to take him out of academic classesfor a road trip in which games he would not play. He did need, however, to throw a bullpen onhis normal day. Coach Golloway was unaware of the rule that a player cannot practice on a gameday. Coach Golloway found out that Gray was not supposed to throw a bullpen while the teamwas traveling, and self-reported the infraction. That was his sole brush with NCAA compliancein his twenty-four years of NCAA coaching - - prior to the frame job at Auburn.

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I 'S

than 40 wins per season.

18. In 2013 at Oklahoma, Coach Golloway led the Sooners to a 43-21

overall record, a Big 12 Tournament title, an NCAA Regional title and Super

Regional appearance. His final team at Oklahoma also produced a pair of All

Americans, including pitcher Jonathan Gray, the No.3 overall pick in the 2013 Major

League Baseball First-Year Player Draft.

19. Under Golloway, Oklahoma posted the programs' fifth-straight forty win

regular season in 2013, making Oklahoma one of the few programs nationally to win

at least forty games in five consecutive years. The Sooners finished third in the Big

12 standings while making the program's sixth-straight NCAA post season

appearance (36 over all). OU finished the 2013 campaign ranked as high as No. 18

in the nation after falling to LSU in the NCAA Baton Rouge Super Regional.

20. The Sooners hosted three NCAA Regionals under Golloway, while

appearing in the program's only Super Regional appearances (2006, 2010, 2012 and

2013) and making it back to the Collegiate World Series in 2010 for the first time

since 1995.

21. In 2013, Auburn hired Golloway to replace John Pawlowski after his five

years at Auburn produced a 167-126 record and just one NCAA Regional appearance.

22. After leading Auburn back to NCAA post-season play for the first time

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in five years, Auburn Head Coach Sunny Golloway was poised to return to the Plains

for his third season in 2016.

23. Golloway guided the Tigers to a 36-26 mark in 2015, his second year at

the helm of the program, including victories in the SEC and NCAA Tournaments for

the first time since 2010, ending with a 3-seed in the 2015 NCAA Tallahassee

Regional.

24. The 36 victories are the second-most recorded in a single season by the

Auburn program since 2004.

25. Golloway Head Coaching Career 18 Seasons

Career Record

NCAA Regionals

NCAA Super Regionals

College World Series

All-Conference Picks

MLB Draft Picks

745-391-1 (.624)

15

4

1

96

131

26. Coach Golloway' s contract was automatically extended through June 30,

2019, following his winning season in 2015.

3"The terms of this Agreement shall be extended by one year for each season in which thebaseball program has a winning overall record during the 2014, 2015 and 2016 seasons."Agreement at 1, ¶2.

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The Hiring

27. When Auburn hired Coach Golloway, Defendant Jacobs made this

statement, which as of September 27, 2015 - - the day Jacobs fired Golloway - was

still on the Auburn Tigers' Baseball website:

"The goal in this search was to find a proven winner who

can put our baseball program in a position to compete for

championships, and we found our man in Coach

Golloway... After having the chance to hear his vision for

Auburn baseball, there is no doubt in my mind he has the

tenacity, the passion, and the drive to get our program back

to a level that matches our strong baseball heritage."

28. When Plaintiff interviewed with the Selection Committee, comprised of

Tim Hudson, Joe Beckwith, and Defendant Jacobs, Jacobs told Golloway, "Sunny,

we want to offer you the job, but we've got to get into what it's gonna take."' Coach

Golloway responded, "It's gonna take at least $500,000 a year, and I would like to

have $50,000 increments built in for at least five years." Jacobs replied, as if money

was no object, "Partner, that's not gonna be a problem. We'll do $650 right now, and

'Herein, where statements appear in quotations, they are recited to the best of Plaintiffsrecollection of what he heard or what was relayed to him.

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we'll do as many years as you want."'

29. At the time he was hired, Coach Golloway had no idea that Defendant

Jacobs was in the trouble that he was in. When he got on campus, Golloway began

to see numerous "Fire Jay Jacobs" bumper stickers. He began to wonder what he'd

gotten himself in to. He also should have done more homework. He had no idea

Auburn had - if his information is correct - - nine major NCAA infractions, one less

than SMU, which got the death penalty.

30. Within two weeks of being on campus, Coach Golloway was shopping

at the local Gander Mountain, a sports equipment store. Appropriately proud of his

new employer and school, Coach had on his Auburn baseball T-shirt. The gentleman

at the check-out counter recognized him, saying "Coach, glad you're here. Glad you

left Oklahoma." After Coach Golloway said thank you, the clerk added, "Jay Jacobs

needs to be fired. He's the problem with Auburn Athletics."

31. Coach Golloway actually took up the defense of Jacobs, ending with

'Jacobs also promised Golloway orally, that he, Golloway, would have a new hittingfacility and a new practice field, which was a significant inducement to Golloway to leaveOklahoma. In the interview, Jacobs had asked Golloway, "What would hold you back?"Golloway replied, "Giving up the best player development facility in the country. At Oklahoma,We have a state of the art hitting facility. It has three overhead garage doors that open up to apractice infield. In bad weather, we hit indoors. In good weather, we open it up." Jacobsreplied, "that's not a problem. We want you to have what it takes. We want to win," With thatcommitment, and agreement on the money, Golloway said yes. Regarding the hitting facility andpractice field, while the plans were drawn up, neither materialized.

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"give him credit for hiring me."

32. A couple of weeks later Golloway was shopping at the local Tractor

Supply when an employee recognized him, began talking baseball, told him he was

a big Auburn baseball fan, then added, out of the blue, "I just don't think Jay is a

good person; I think Jay is the problem." It was an all together uncomfortable

situation for Coach Golloway.

33. Unfortunately, these type of situations were extremely common for

Coach Gôlloway his first two years at Auburn. More than a dozen times people spoke

to Golloway, wanting to talk freely about how much they detested Jacobs, how "he's

protected by the money men", how "he must have something on the President."

Most times, they were total strangers. Golloway observes, "This never happened

once to me - not once - at Oklahoma or at Oral Roberts University."

34. Not long after he got on campus, Auburn Head Football Coach Gus

Malzahn told Golloway: "Sunny, things have really changed since Jay hired you. He

hit a home run with you. And it changed the environment around here for the better."

Ironically, Sunny Golloway's hiring, and his performance, gave Jay Jacobs a new

lease on life, which kept him on life support long enough to fire Golloway, then get

a second breath.

35. Coach Golloway was hired at a salary of $650,000 annually. With

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bonuses ($48,000) and baseball camps ($51,000), he made right at $750,000 per year,

plus full benefits, until his wrongful termination.

The Agreement

36. Sunny Golloway and Auburn University entered into a written contract

("the Agreement") on June 14, 2013. It was signed by Auburn President Jay Gogue,

AD Jay Jacobs, and Golloway as Head Baseball Coach.

37. The Agreement provides, in pertinent part:

Coach agrees that University... may terminate his

employment with cause if University, the SEC, or the

NCAA concludes or has reasonable basis' to believe, after

providing Coach notice (including being made aware of the

allegations at issue) and an opportunity to be heard, that he

or any of the persons listed in Exhibit A to this Agreement

is involved in significant 7 Level I or Level II or repetitive

Level III violations of University, SEC or NCAA

regulations. University and Coach agree that the nature

6Auburn certainly believes, or claims it had a basis to believe, that cause existed toterminate Golloway "for cause". It is a jury question whether that basis was "reasonable".

71t is a jury question whether Golloway's alleged violations or infractions were"significant", or whether they were "repetitive".

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and seriousness' of the violation(s); Coach's efforts to

promote an atmosphere of compliance and monitor those

listed in Exhibit A; and whether University believes Coach

knew or should have known of the violation(s) will be

among the various factors University will consider in

determining whether to terminate Coach's employment for

cause under this paragraph.

¶13(e).

For Cause: Should the University elect to terminate

Coach's employment prior to the end of this Agreement for

cause... then University owes no further payment of funds

or other benefit to Coach under this Agreement....

¶19(a).

Without Cause: Should the University elect to terminate

Coach's employment for any reason other than those [for

cause]... then the University will pay to Coach the

following Buy-Out Amount:

81t is a jury question whether Coach Golloway's alleged violations or infractions were of aSufficient "nature and seriousness" to warrant termination "for cause".

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ii. With more than three (3) year [sic] but fewer

than four (4) more contract years remaining, the Sum

of $1,000,000.00;

¶19(b).

38. With the automatic one-year extension resulting from Coach Golloway' s

winning 2015 season, he had more than three but fewer than four years remaining on

his contract at the time of his termination "for cause".

Jay Jacobs

39. Jacobs was named Auburn's 14' Director of Athletics in 2004 after

working in the Athletics Department for twenty years.

40. In the course of Auburn's so-called "investigation" of Coach Golloway's

alleged misdeeds, Jacobs told student athletes not to talk to Coach Golloway nor the

media, reminding them in a most intimidating way on September 27, 2015 - - the day

he terminated Golloway - - "I control your scholarships." What student athlete,

wanting to play for a major NCAA school, wanting to go to the next level and make

it "to the Bigs", could tell the truth with that warning?

David Benedict

41. David Benedict, at all times material herein, was the Auburn University

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Athletics Department Chief Operating Officer.

42. On February 29,2016, he became the Athletics Director at the University

of Connecticut.

Rich McGlynn

43. A week before he was terminated, Golloway got a call from Tom

Holliday, his pitching coach. Holliday told him that "a recruit says we're being

investigated." Golloway knew nothing concrete, but called Compliance Director

McGlynn and asked him pointedly, "Rich, are we being investigated? I haven't been

spoken to. Tom [Holliday] hasn't been spoken to. Ryan [Jenkins] hasn't been spoken

to. We need to get this over with. We need to get this done. It's hurting our

recruiting." McGlynn replied, "you want me to speed this up? I'll speed it up. We'll

get you in."

44. A couple of days later, the Athletics Department spoke with Golloway,

Holliday and Jenkins, all in one day. Of that experience, after Coach Golloway was

fired, Jenkins told Golloway "They didn't give a shit what I said. They had already

made up their minds." -

45. Although McGlynn, as Senior Associate Athletics Director and its Head

of Compliance, should be aware of the legal obligation not to misuse or

misappropriate state property, in 2014, McGlynn was seen coming out of the AU

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baseball locker room in shorts, headed to Little League practice with Scott Duval and

a bucket of baseballs. Auburn baseballs. When asked, "What's up?", he replied,

"You know, Little League duty."9

Scott Duval

46. In June of 2015, Coach Golloway went to Jeremy Roberts and David

Benedict and informed them that he, Golloway, wanted Scott Duval removed as

Director of Baseball Operations and replaced. Roberts had known Duval for close

to twenty years. On information and belief, Roberts informed his close friend, Duval,

that Golloway wanted him gone, which, on information and belief, led to the

successful effort by Duval and Roberts to set up Golloway and get him fired "for

cause".

47. When Golloway spoke with Roberts and Benedict about his, Golloway's,

desire to remove Duval, Benedict and Roberts both replied, "But he's only nine years

away from retirement." Benedict and Roberts promised Golloway they would

transfer Duval to another position in the Department. Every two weeks for a month

or more, Golloway would either call or meet with Roberts and Benedict and ask about

'This paragraph, and numerous others which follow, demonstrate that Auburn AthleticsDepartment and NCAA compliance officials often turned a blind eye to problems in plain view,helping demonstrate either pretext regarding the alleged reasons for terminating Golloway withcause; that Auburn Athletics Department officials were hypocritical regarding their criticisms ofGolloway; or establishing pattern and practice facts which would support punitive damagesagainst individual defendants.

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Duval. Benedict continued to tell him, "Coach, were working on it." The third time

Golloway met with them, they told him they'd created a position for Duval working

in facilities. Duval did not initially take it because he would suffer a $30,000

compensation loss because of no baseball camps. Benedict looked directly at Roberts

and said "I think he'll take it. What do you think, Jeremy?" Roberts replied,' I think

he's leaning toward it." Golloway left the meeting frustrated. In one of their

meetings, in early August, they told Golloway that Duval said he knew Golloway was

trying to replace him. On the morning of September 18, Golloway called Jacobs and

said he was firing Duval and Hunter Vick. Jacobs told him to go ahead, but to have

someone from the administration present. Within thirty minutes, Jacobs called

Golloway back and said Benedict advised him, Jacobs, not to let Golloway fire Duval

and Vick. And it never happened; Golloway was fired instead, and Duval was moved

to track the next day.

48. Jim Miksis, the Athletic Director and Head Baseball Coach at Lee Scott

Academy in Auburn, himself a former Auburn baseball player, was also employed as

a coach in Coach Golloway's baseball camp. This past fall, before Golloway was

terminated, Defendant Duval called Coach Miksis and, strangely, asked him, "What

kind of baseballs do you use?" Miksis answered. Then Duvall asked, "Did Coach

G ever give any Auburn baseballs to you?" Miksis replied, "No. What are you

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asking about?" Duval replied, "You sure you don't have any SEC Auburn

baseballs?" Miksis replied "No." He then added, "Why do you ask?", to which

Duval replied, "Just forget that I called."

49. Coach Golloway's son attended Lee Scott Academy, and played Junior

Varsity Football. At a JV game last fall, Coach Miksis saw Coach Golloway and

said, "Coach, I need to tell you something." Golloway said, 'What?" Miksis then

told Golloway what transpired with Duval and his inquiry about Auburn baseballs.

He concluded with, "I think he (Duval) was trying to catch you giving me baseballs,

which you never have done." Coach Golloway thanked Miksis for his information

and heads up, to which Miksis replied, "I think that's pretty shitty."

50. On information and belief, both Greg Norton and Trent Mummey were

also asked by Auburn Athletics Department officials to dig up dirt on Coach

Golloway.

51. The Labor Day baseball camp run by Duval was completed on Sunday,

September 6. Two days later, on Tuesday, September 8, Coach Golloway convened

his staff, offered constructive criticism for the poorly run camp, relieved Scott Duval

and Hunter Vick of their camp responsibilities, and brought in Rich Hills on

September 24-26 to interview for director of camps. Hills had been a volunteer for

Golloway at the University of Oklahoma. The next day Golloway was fired.

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52. Coach Tom Holliday was clearly agitated in the staff meeting on

September 8' in attempting to explain how numerous things that had happened at

camp should not have happened and how embarrassing camp was. Holliday said to

Duval, "You're crazy if you think you did a good job with that camp. It was a mess

If this is how flicking camp is gonna be run, then count me out."

53. Duval replied, "Well, that's your opinion, Coach." Coach Golloway

replied, "Well, that's the opinion that counts. You are no longer the camp director."

Relieving Duval of camp director duties would reduce Duval's income by $30,000,

from $90,000 to $60,000. A sufficient motivation for Duval to want Coach Golloway

gone.

54. During the 2015-16 school year, Justin Veazey was hired as Team

Videographer shortly after school had started. The videographer the year before had

been Heath Holliday, Coach Holliday's nephew, who left Auburn for Oklahoma

State. After Coach Golloway was fired, Veazey informed Golloway that right after

he, Veazey, was hired, Duval told him in the parking lot his first week of work, "Keep

your eyes and ears open, and let me know if you see anything the coaches are doing

you think is wrong, because some-of these coaches aren't always going to do the right

thing." Veazey told Coach Golloway it made him very nervous when Duval said that

to him.

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55. Veazey and Ryan Jenkins, the strength coach, came to see Coach

Golloway one afternoon. Jenkins said of Duval, "That guy's a piece of shit." Coach

Golloway said, "Who?". Jenkins replied, "Scott Duval." Golloway asked, "Why is

that?" Jenkins replied, "You know how he treats the players and the rest of the staff.

He doesn't treat anyone with respect."

56. They then informed Coach Golloway how Duval retrieved dozens of

discarded Auburn baseball caps that were not going to be used (because Coach

Golloway, being a traditional coach, wanted to go with one or two styles of cap, not

nine or ten styles) out of a dumpster, took them to a local discount retailer (where

people associated with the program later saw them), and sold them for his own

benefit.

Jeremy. Roberts

57. After Coach Golloway had been in his job for about half a year, Jay

Jacobs removed David Mines, his Baseball Sport Administrator, and told Golloway

he was putting him in an HR Athletics job. He replaced him with Jeremy Roberts,

Baseball Administrator. Shortly thereafter, Roberts informed Golloway, "I want Jay's

job. I want to be Athletics Director."

58. At the end of the 2015 season, after Coach Golloway had gone 36-26,

including victories in the post-season, Jeremy Roberts Went to Daniel Robert, an

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Auburn player, and basically asked him and his Dad to dish out any negative

information they had on Coach Golloway, to give them some dirt on Coach

Golloway. They resisted this curious but offensive ploy.

59. When Golloway was hired, he was given two sideline passes to Auburn

football games, and two parking passes in a prime lot close to the stadium. That is

not an uncommon perk. Not only is football a major sport at SEC (and many other

NCAA) schools but also coaches of other sports, such as baseball, can woo recruits

to their school by hosting them at a big-time football game, such as at Jordan Hare

Stadium. In the fall of 2015, Jay Jacobs took away both sideline passes and one

parking lot pass. One Saturday in the fall - - a football game day - - Golloway gave

his parking pass to his wife so she could attend the game. He went to his office early,

to meet his baseball recruits to take to the game. Golloway parked in the lot without

his Department-issued pass. Thanks to Roberts, when Golloway finished work, he

found a $100 ticket on the windshield of his truck. After receiving the ticket, he

called Jeremy Roberts, who said he deserved it, that he, Golloway, needed to respect

authority, and hung up on Golloway.

60. Upon being hired by Auburn, Coach Golloway was also given two "all

access" passes on football game day to anywhere in the stadium, including the locker

room, to which Coach Golloway went after the "Miracle at Jordan Hare" (the tipped

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pass in the Georgia game) and the "Kick Six" (the missed Alabama field goal run

back for the winning touchdown). In the fall of 2015, Golloway's access to the

sidelines became pre-game only, which was not what Jacobs had promised verbally

in enticing Golloway to come to Auburn.

61. Coach Golloway's contract ("the Agreement") permitted him to select

his own coaching staff. Golloway inherited pitching coach Scott Foxhall, who under

David Mines' and Duval's strong recommendation be retained, but whom Golloway

elected to fire after one year. Foxhall was dismissed because of gross incompetence.

In one embarrassing game, Golloway's first year at Auburn, one of Foxhall's pitchers

was signaled to pitch out to a player on the opposing team. The Auburn pitcher threw

a strike straight across the plate, and the batter hit a home run. Clearly, Foxhall

needed to go.

62. Roberts recommended to Golloway that he, Golloway, hire his friend,

Butch Thompson, as new Pitching Coach. Defendant Duval was also close to Butch

Thompson. Golloway resisted.

63. At the end of the 2015 season, Jeremy Roberts went to Daniel Robert,

a first baseman and designated hitter, and asked him if he, Robert, had any problems

with Coach Golloway. A strange way, indeed, to run an athletic department.

64. When Golloway arrived at Auburn, Duval volunteered that while at

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Auburn, Jeremy Roberts had an affair with an intern. It ruined his marriage. But

Roberts survived. He married the intern, and she was hired as the softball coach at

Opelika High School. So much for integrity among the Athletics Department staff.

The Termination

65. Winston Churchill once said, "A lie gets half way around the world

before the truth has a chance to get its pants on." Churchill could have been talking

about the Auburn Athletics Department, Jay Jacobs, and the termination and smearing

of the reputation of Coach Sunny Golloway.

66. The morning before Coach Golloway was terminated by Jay Jacobs, an

attorney for Auburn during the Golloway investigation sent an email to the attorney

who represented Golloway during that investigation. In the email of September 26,

2015, Auburn's attorney cited eleven flimsy and duplicative matters which together

constituted "cause" which Auburn used to justify its termination of Coach Golloway.

They were:

"1 Knew or should have known that student-athletes

were participating in athletically related activities prior to

being medically cleated;

2. Knew or should have known that student-athletes

were participating in athletically related activities prior to

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being cleated by compliance;

3. Denied the Observation of student-athletes

participating in athletically related activities prior to being

cleared;

4. Admitted to instructing a staff member to delete

video of a student-athlete who was participating in an

athletically related activity prior to being medically

cleared;

5. Instructed a staff member to delete a video of a

student-athlete who was participating in an athletically

related activity prior to being cleared by compliance;

6. Instructed and allowed an all-star game that was not

open to all campers to take place after a baseball camp;

7. Failed to immediately remove campers from the

playing field afer being informed by multiple sources of a

confirmed lightning strike in the area;

8. Misled senior administration as to the conduct surrounding

and existence of NCAA violations and failing to report those

violations;

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9. Knew or should have known that a non-coaching staff

volunteer was participating in coaching activities, resulting in

your exceeding the number of permissible, countable coaches;

10. Failed to promote an atmosphere of compliance and

to monitor the activities of staff members; and

11. Disregarded instructions to keep the content of the

investigation confidential by speaking to other involved

personnel."

Coach Golloway's response to these ridiculous, unfounded, erroneous,

duplicative or misinterpreted allegations is as follows:

1. Allegation: Knew or should have known that student-athletes were

participating in athletically related activities prior to being medically cleared.

Response: Auburn has policies in place regarding student athletes being

medically cleared. Traditional practice was exemplified by what former trainer

Anthony Sanderson would do. During the last two seasons with Coach Golloway, the

process was crystal clear: Sanderson would communicate with GoUoway

specifically and let him know who was or was not cleared to practice or play.

Sanderson would also notify the equipment manager so that he could issue equipment

to student athletes who had been cleared. You're not cleared, you get no equipment.

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No equipment, you don't practice. If you have equipment, you do practice.

During the fall of 2015, Joe-Joe Petrone was filling in for Sanderson, who by

that time had left Sanderson had been recruited by North Carolina State. Coach

Golloway asked him what it would take to keep him. Sanderson said, "Another

$5,000." Coach Golloway recommended this raise to both Jacobs and Roberts, but

it was never approved and Sanderson left. At the time, Coach Golloway thought it

a bit odd that Auburn could have kept Sanderson for only $5,000 more a year, but

didn't, but Golloway didn't dwell on it. In hindsight, it became clear that having no

trainer to clear the players, it would be easier to setup Golloway for a possible NCAA

infraction by screwing up the process by which players got cleared to practice. Have

someone pitch a bullpen who wasn't cleated, you save $1 million!

In the fall of2015, curiously (but with the benefit of hindsight, it makes perfect

sense) Auburn had no equipment manager and no trainer. Defendant Duval and

Randall Dickey were thus told by Coach Golloway to make sure they complied

with all clearings. Unbeknownst to Coach Golloway, both Duval and Dickey

disregarded Coach Golloway's request to oversee clearance and allowed uncleared

student athletes to participate, With Duval approving the issuance of equipment to

those athletes who he knew had not yet been medically cleared. All of this was done

intentionally so that medically uncleared student athletes on Golloway's baseball

I -

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team would practice, arguably in violation of NCAA regulations. That practice was

nothing that Golloway knew of, sanctioned, or otherwise ratified. But, consciously

and intentionally done by Duval, it might get Golloway terminated.

2. Allegation: Knew or should have known that student-athletes were

participating in athletically related activities prior to being cleared by compliance.

Response: The previous two seasons, Scott Duval would communicate daily

to Golloway during the fall about athletes being cleared by Compliance. In the fall

of 2015, Duval did not communicate that information to Golloway after he, Duval,

was informed by Jeremy Roberts (the athletic director for baseball) of the possibility

of Duval being fired from his position as head of Baseball Operations because

Golloway wanted him fired. On information and belief, Golloway now has

knowledge - - which he did not have at the time - - of Duval meeting with student

athletes who were not cleared. Duval set up Golloway to get caught practicing or

playing athletes who had not been cleared by Compliance.

Joshua Palacios, an Auburn outfielder, is currently one of the top five hitters

in the SEC. He did not practice all last year because he had not been cleared. Coach

Golloway knew what potential he had, and is gratified that he has had a great season

at Auburn. But if Golloway had wanted to cheat by practicing or playing someone

not cleared, he would have done it with such an obvious star as Palacios. Golloway

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kept advising Palacios to be patient. There were, in fact, several position players not

cleared. They never got on the field.

Regarding video of practice, Auburn only videos the pitchers. Josh Palacios

was not issued gear by Duval because Duval knew that not being a pitcher, there was

no chance that Palacios would have been videoed as a player without proper

clearance, hence no chance with video of an uncleared Palacios to set up Golloway

for termination with cause.

3. Allegation: Denied the observation of student-athletes participating in

athletically related activities prior to being cleared.

Response: Coach Golloway stated, "to the best of my memory" when asked

about him being accused of observing student athletes who had not been cleared who

nonetheless were participating in practices. The week in question had happened one

month before Golloway was questioned about it. Under his tenure as Auburn's Head

Baseball Coach, it was clear that their policy was medical clearance by the trainer

and equipment manager, along with compliance clearance by John Heck, Defendant

Scott Duval, and the equipment manager. In the fall of 2015, curiously, Auburn

baseball had no trainer and no equipment manager'°, a contrivance which, with the

"Check the Auburn website now, and PRESTO, CHANGO, there are the smiling facesof Kevin Fubrer, Equipment Manager, and Sean Stryker, Athletic Trainer.I-Ittp/www.aubumtigers.comlsports/m-basebl/spec-rel/m_basebl-coaches.html.

U

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benefit of hindsight, set up Golloway so that Duval could issue equipment to

uncleared players and Auburn could avoid paying Golloway $1 million when it

terminated him.

Moreover, Dalton Rentz has video on his phone which proves that Golloway

was no where near the bullpen when Rentz allegedly threw an illegal bullpen.

4. Allegation: Admitted to instructing a staff member to delete video of a

student-athlete who was participating in an athletically related activity prior to being

medically cleared.

Response: Tom Holliday, the then-Auburn pitching coach, would have the

team videographer, Justin Veazey, video the practice exercise in which pitchers threw

to catchers in the bullpen, which exercise is called "a bullpen" or, in the plural,

"bullpens". Coach Holliday would use these bullpen videos after the fact to instruct

student athletes. During the week in question of three student athletes participating

in throwing a bullpen and not being cleared, Coach Holliday would have had all

bullpens videoed. After being informed that Colton Campbell was not cleared, Coach

Golloway instructed Coach Holliday and Justin Veazey to delete the Colton bullpen

workouts on the video, and only the Colton video bullpen workouts. Coach Holliday

likes to review bullpen sessions with student athletes. Coach Golloway did not want

the impermissible and, arguably, violative, bullpen sessions to be used for

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impermissible educational or training purposes, so Coach Golloway instructed

Veazey to delete that bullpen session, thinking, with good intentions, if the bullpen

should have not been thrown, then we're not going to benefit from it by studying

videotape. To Coach Golloway's knowledge, and pursuant to his express instruction,

only Colton Campbell's video was deleted.

5. Allegation: Instructed a staff member to delete a video of a student-

athlete who was participating in an athletically related activity prior to being cleared

by compliance.

Response: Coach Golloway did not do this. Colton Campbell was cleared by

Compliance. He just was not cleared medically, which the coaches did not know.

After he threw the bullpen in question, Campbell was called in by David

Didion, the Athletics Department number two compliance official. That night,

Campbell called Golloway, quite upset and scared, which he told his Coach.

Golloway asked why. Campbell said, strangely, "Because they told me not to tell

you." Golloway called Didion. He told him "I'm aware that Colton threw. We need

to self-report this. David, he told me you guys told him not to tell me. What's going

on?" Didion replied, "Coach, you need to stay out of this."

6. Allegation: Instructed and allowed an all-star game that was not open

to all campers to take place after a baseball camp.

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Response: This allegation is not true. Coach Golloway was given express

permission by Defendant McGlynn, AU's Head of Compliance, to have a post-camp

game, per the request from Greg Norton and Tom Holliday, as long as there was

instruction. Golloway replied, "Rich, everything we do at camp involves instruction."

McGlynn replied, "Good." Due to the fact that the camp was not run as efficiently

as it should have been and time was not managed carefully by Defendant Duval, all

campers were not given the same opportunity to participate and showcase their skills.

There was no intent on the part of Coach Golloway that that happen.

7. Allegation: Failed to immediately remove campers from the playing

field afer being informed by multiple sources of a confirmed lightning strike in the

area.

Response: First, Coach Golloway was never informed by multiple sources

that there Was a confirmed lightning strike in the area. Second, Defendant Duval was

hired, and paid, to be camp director. He was constantly in contact with Joe-Joe

Petrone, the head camp trainer. Duval never came to Golloway during camp to

inform him, Golloway, of Petrone's request to remove campers from the field

due to lightning. Duval was appropriately reprimanded by Jeremy Roberts, his close

friend and Baseball Sport Administrator, in an email for not having followed policies

and procedures during the lightning alert. Roberts copied Golloway, Benedict,

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McGlynn and Petrone on the email. Duval was also fired from his duties as camp

director along with Hunter Vick (a volunteer coach) who helped run camps, for poor

camp management.

Petrone was hired by the camp to be the head trainer due to the fact that there

was no head baseball trainer in place since Anthony Sanderson, the former baseball

athletic trainer, had left for another job opportunity and Jacobs, Duval, et al., elected

not to fill that position. Petrone was hired to be present at camp and handle such

matters, but chose to be at a soccer game when alerts were issued. He was not at the

baseball camp at the time, as he should have been, because he was being paid by

the Auburn Baseball Camp. Petrone called Duval from the soccer game to inform

him that the soccer game had been delayed due to lightning and to get the baseball

players off the field. Duval disregarded this instruction from Petrone, one assumes,

now, to help set up Golloway.

Duval told Auburn's outside counsel that Coach Golloway did not take players

off the field when the lightning started. That is patently untrue. Golloway got the

players off the field as soon as he learned of the lightning some distance away - - of

which he had no knowledge at the time because the lightning in question was miles

away from the baseball camp.

8. Allegation: Misled senior administration as to the conduct surrounding

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and existence of NCAA violations and failing to report those violations.

Response: Coach Golloway had no knowledge of any NCAA violations to

report, other than the remote possibility of Colton Campbell pitching a bullpen after

being cleared by Compliance but not medically cleared, which Golloway did not

know about at the time, but as soon as he learned of it, called David Didion, Auburn's

number two Compliance official, and told him "we need to self-report this."

Golloway spoke with Defendant Jacobs eight days prior to his firing, at which time

Jacobs stated to Golloway he had no knowledge of any investigation into the

baseball program.

9. Allegation: Knew or should have known that a non-coaching staff

volunteer was participating in coaching activities, resulting in your exceeding the

number of permissible, countable coaches.

Response: Coach Golloway, was informed by Coach Holliday that Bill White

was "shadowing" him, Holliday. White, a former Major League Baseball player,

wanted to break-in to the collegiate coaching ranks. He wanted to follow Holliday

around, observe him, and better learn how to coach at the collegiate level in hopes of

getting hired to do same. Nothing wrong with that in the abstract. Coach Golloway

made it very clear to Holliday and White that White was not allowed to participate

in any coaching activities. Golloway did not ever observe White doing such things.

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Coach Golloway called two weeks prior to his termination and told Justin Veazey,

who was very close friends with White, that White was not to come to the facility

every day. To his, Golloway's, knowledge, White bought all of his athletic gear from

the bookstore. He was never issued any Auburn athletic gear by the Auburn baseball

program. White stated to Golloway that he only "wanted to look good".

10. Allegation: Failed to promote an atmosphere of compliance and to

monitor the activities of staff members.

Response: Coach Golloway clearly promoted an atmosphere of compliance

and monitored all staff members by having weekly meetings and, on some occasions,

daily meetings. He also required Defendant Duval, head of baseball operations, to

take the compliance test for the first time during his, Duval's, seventeen year

association with Auburn baseball. Golloway also required Hunter Vick, a volunteer

coach, to take the compliance test. These two acts were not required by Auburn

University, nor were they required by the NCAA, nor had they been done before at

Auburn. Coach Golloway required the taking of these tests because he adhered to the

highest of standards with regard to NCAA compliance - - hence his record of NCAA

compliance in twenty-four years of coaching prior to arriving at Auburn.'

Clearly, Auburn officials were not leveling with Coach Golloway as he was

"See fn. 2, supra.

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attempting to stay in compliance with all applicable rules. When Golloway got wind

that something might be going on, he assembled his entire coaching staff for a

meeting. Also present was John Heck, Rich McGlyim's deputy for compliance in the

Athletics Department, and Randall Dickey, a former AU basketball coach who had

been fired by Tony Barbee but who was rehired after a position was created for him.

In the meeting, Coach Golloway asked if anyone present "knew of any facts

regarding any violations of NCAA rules?" [Emphasis added.] He pointed at

Defendant Duval. Duval said, "No." Heck immediately said, "Sunny, you can't ask

about the investigation." Golloway replied, "What do you mean?" Heck said,

"Nothing. You just can't even ask about this." Golloway asked Tom Holliday the

same question, and he replied, "No." He asked Greg Norton, his hitting coach, if he

knew of any facts regarding any NCAA violations. Norton responded, "Not to my

knowledge." Same question to Hunter Vick. Reply: "No." Same question to Randall

Dickey, who replied, "No, coach."

Coach Golloway knew the importance of institutional control, and tried in

every respect to maintain it.

11. Allegation: Disregarded instructions to keep the content of the

investigation confidential by speaking to other involved personnel.

Response: This allegation is without merit and insulting. Both of Coach

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Goiloway's assistants, Tom Holliday and Greg Norton, came to him about a baseball

investigation regarding Coach Holliday allegedly working with pitchers during the

summer. Golloway had no knowledge of any investigation or any allegedly improper

workouts at that time. Coach Golloway told Holliday and Norton not to worry about

jt. He said, "if we [baseball] were being investigated, I would be notified." Coach

Holliday made a comment about two pitchers of whom he had knowledge that had

been questioned regarding the accusation of improper summer workouts. They were

very angry and upset with Auburn's compliance, accusing Coach Holliday. Coach

Holliday stated that the players believed that these allegations were "petty, untrue,

and, moreover, they knew of Auburn football players bragging about receiving money

above and beyondthe cost of attendance," which would, of course, be an NCAA

violation, and they believed that compliance had more things to worry about than

falsely accusing Coach Holliday. Coach Norton's comment about it was that he let

Coach Golloway know that he was going to be late to practice because he had been

called "up to the hill" to be questioned. That is how Coach Golloway found out about

the investigation, from Coach Norton. Coach Golloway clearly had not been the one

who was letting the investigative cat out of the bag.

67. On Sunday, September 27,2015, Jay Jacobs called Coach Golloway and

requested that he come to his office. Golloway did as requested. He walked in

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Jacobs' office and before he could sit down, Jacobs told him he was terminating him.

Golloway inquired, "[I]s this for cause or no cause?" Jacobs replied, with a vicious,

personal tone, "It's for cause. We're not gonna pay you a dime, brother." Golloway

replied, understandably, "Don't call me brother."

68. Before leaving, in shock but with enough wits about him to appeal to a

man he had thought was decent and honorable, Golloway asked Jacobs, "Jay, where

does this fall in our Christian walk? I've got a family. I've got a contract?" 12 Jacobs'

12There clearly exists pattern and practice evidence of Jacobs' treatment of Auburncoaches with contracts, irrespective of the sport, and irrespective of the language of their writtencontracts. Tim Gray is the former Head Women's Tennis coach at Auburn University. He wassad, but not surprised, to hear of yet another firing by Jay Jacobs. He does not know the detailsof what happened with Sunny Golloway, however, he thinks that there is a bizarre pattern offirings that have occurred under the "leadership" of Jay Jacobs.

In Gray's situation, he was given the choice to resign or be fired three days before the start of Fallclasses in August of 2011. Auburn had a full-scholarship athlete on the women's tennis team thatwas, in no uncertain terms, a cancer to the team. Gray documented all the issues and presentedthis information to both Rich McGlynn, his immediate supervisor, and Jay Jacobs. Bothrecommended releasing this athlete from the program. When the parents threatened a lawsuit, towhich there were absolutely no grounds, Jacobs balked and decided it was easier to remove Graythan deal with the problem at hand.

Gray was hired in July of 2005 to turn around a program that had been at the bottom of the SECfor several years. In the Spring of 2007 Auburn beat the number 1 team in the nation, Georgia,and made the NCAA for three consecutive years. They also had the first NCAA All-Americansin the history of the women's tennis program. During that time they also had the first SEC Playerof the Year in women's tennis history. The program was going in the right direction.

In 2010 and 2011 they missed the NCAA tournament for a number of reasons. One was injuriesto key athletes. They were on the bubble both years and had wins over nationally ranked teams aswell as teams that made the NCAA tournament.

Prior to coming to Auburn Gray had won four National Championships as a head coach. He wasthe only head coach in the nation that had beaten the number one team in the country in Division

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lack of Christian spirit was further evident by the presence of a police car in the

parking lot at the baseball stadium in the event Golloway got unruly.

69. The day Golloway was fired, his players came to his home to see him.

I, II and III.

In August of 2011 when the issues with this student-athlete were coming to a head, Jay Jacobsbrought Gray into his office and declared, "We are going to go in a different direction This hasnothing to do with the current situation with this student-athlete, you just haven't won enough thelast two years." Gray's response to him was "either you are lying, or you are the worst AD in thecountry to fire your entire coaching staff three days before the start of school."

During Gray's annual evaluation/reviews from his direct supervisor, he received only exemplaryscores every year. His wife, Christine Gray, was his assistant coach. When she was hired theywere told that she would have a different supervisor and would not report directly to Gray. TheGrays were fine with that During her employment at Auburn she never had one employee yearend evaluation/review, not one.

Gray had one year remaining on his contract, which Auburn reluctantly paid. They initiallyagreed to pay his wife for a year as well. A few hours after Gray's meeting with Jacobs, hereceived a call from Rich McGlynn stating that "since your wife does not actually have acontract, we will not pay her." Gray responded with the threat of a lawsuit and the next day theydecided that they would, in fact, pay her.

Gray believes that the "real problem" at Auburn is Jay Jacobs and his minions. Gray still owns ahome in Auburn. His sons still reside there. He feels as though he was robbed and lied to. Thereis a huge list of great coaches/people that have been thrown to the curb by Jacobs.

Gray believes that Jacobs has created an environment of "entitlement" among student-athletes atAuburn. Every fall at the student-athlete/coach tailgate, Jacobs makes every coach stand up infront of the student-athletes and he states "You student-athletes see these coaches that arestanding up? They WORK FOR YOU!" He then gives out his cell number and asks for student-athletes to text him if there is a problem. Gray believes that this is outrageous. It diminishes anyauthority that coaches have with their teams, and feeds the athletes' inflated sense of entitlement.

Gray strongly believes that someone needs to see to it that Jay Jacobs gets a dose of his ownmedicine. He says, "Don't even get me started with the 'phony Christianity' that is shoved ineveryone's face. What happened to separation of church and state?"

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They were in shock. They hugged Coach Golloway, his wife, Charlotte, and their

children. Many were in tears.

70. Within two weeks of his termination, Coach Golloway communicated

by phone with Kay Hargrave, Senior Associate Athletics Director for Development

and a twenty year veteran of the Athletics Department. 13 She asked, "Sunny, how are

you?" He replied, "Not good. I got fired. I guess as well as could be expected." She

inquired, "What happened?" He told her. Then she stated, "Well, they're gonna have

to pay you," to which Golloway replied, "Well, I hope so." Then the conversation

changed in tone.

71. Hargrave said, "Well, Sunny, are you gonna be like the rest of these

coaches, just take the money, and sign the confidentiality, or are you gonna stand up

and tell the truth? That's the problem with this place, and why things happen,

because no one will stand up. Everybody gets paid off and things get swept under the

rug." Golloway was surprised by her candor - hinting at further pattern and practice

evidence.

72. And yet: nothing. Auburn claims to have turned these alleged violations

over to the NCAA. Nothing has happened. Coach Golloway has waited for seven

"Hargrave is very respected by her peers. In 2012, she became the first female Presidentof the SEC Development Directors Association and in 2008 was selected to serve on theExecutive Committee of the National Association of Athletics Department Directors.

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months to file this lawsuit. He has waited for the smoking gun, the other shoe to

drop. Nothing. It is customary when the NCAA receives notice of an alleged

violation for the accused coach to receive notice of an investigation. Golloway has

spoken to no one for seven months. All reminiscent of what Golloway's sports

agent's attorney, Rick Landrum, the attorney for one of the top agents in the country,

Jimmy Sexton, heard from Auburn.' 4 Landrum says it is customary for an agent to

get a call from an AD if his client is suspected of a potential infraction, so the agent

can call his client, read him "the riot act", and get him to correct the suspected

problem. That never happened with Golloway. In addition, Landrum has indicated

that an agent is also given a "heads up" call if his client is being investigated for the

slightest of infractions. Landrum never heard a peep out of Auburn regarding

GoIloway. One would think they would want to keep Landrum and Sexton happy,

since Sexton also represents Auburn's head football coach, Gus Malzahn.15

"Sexton represents, in addition to Coach Golloway, Such coaches as Auburn's GusMalzahn and Alabama's Nick Saban.

"Bruce Pearl is Auburn's head men's basketball coach. By all accounts, he is a goodcoach and a fairly decent guy. But Coach Golloway was fired, "with cause", for the flimsiest ofreasons, with the slimmest of proof and ample personal animus from Duval, Roberts and others.Yet Auburn hired a disgraced Bruce Pearl who conceded that he lied to NCAA investigators, andattempted in 2010 to persuade a recruit's father to mislead investigators, leading to the NCAA toadopt the University of Tennessee's self-imposed two-year probation. The InfractionsCommittee gave Bruce Pearl a three year show-cause letter, banning him from any recruitingduring that period. UT reprimanded and censured him. Pearl confessed at a news conference tolying to the NCAA. Pearl was then fired by UT. Pearl was suspended by the SEC for the firsteight conference games the next season, all of which apparently led Jay Jacobs to believe he,

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73. Although Coach Golloway was not called in to speak to anyone at

Auburn about these alleged incidents and infractions until Wednesday, September 23,

four days before his Sunday termination, the decision to get rid of him had already

been made.

74. On Tuesday, September 22- - one day before Golloway was called in - -

Joe Beckwith, who had been on the search committee that hired Golloway, was

playing golf with Greg Parrish, an Auburn businessman. Parrish said to Beckwith,

"I heard your baseball coach is gonna get fired." Incredulous, Beckwith replied,

"Sunny' s not getting fired. He's doing a great job. He took us to the Regionals for

only the second time in twelve years, and he did it in his second year. He had a top

ten recruiting class. I would know if Sunny was in any kind of trouble. I would

know." Parrish replied, "He's getting fired this weekend. I'll bet you a hundred

dollars."

75. Knowing that Golloway was doing a great job and confident that he

would know if Sunny were in trouble, Beckwith took the bet. On Sunday, after

Golloway's termination, Parrish texted Beckwith: "You owe me a hundred dollars."

76. On October 22, 2015, Coach Golloway's attorney received a letter from

Pearl, was just the man to restore Auburn basketball to Charles Barkley/Chuck Persons greatness,and which suggests that Jacobs has created an unfair double standard with Golloway, whosealleged infractions - - if true, which Plaintiff does not concede - - pale in comparison.

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an attorney for Auburn, indicating that the University was "preparing a report of

violations for submission to the NCAA" and hence Auburn would be offering

Golloway no payments under his contract. As if an investigation into Auburn

baseball was dispositive. That certainly wasn't the case with Tony Barbee and

Auburn basketball - - further evidence that Golloway was treated dissimilarly to other

Auburn coaches.

77. Tony Barbee had been Auburn's Head Basketball Coach. Jacobs fired

him, and replaced him with Bruce Pearl. Right after Pearl was hired, Randall Dickey

came over to the baseball program in an administrative position from the basketball

program. Dickey had been an Assistant Coach to Barbee. Barbee got tired of Dickey

trying to keep him in compliance, so he fired him as an Assistant Coach. An

administrative position was found for him in basketball operations.

78. In year two of Golloway's tenure at Auburn, Dickey and Golloway were

talking about Barbee. Dickey told him: "When they fired him, they paid him. He got

a LOT of money. What's crazy is the basketball program was under investigation at

the time." Golloway replied, somewhat incredulously, "Really?" Dickey replied,

"Oh, yeah, there were some bad things going on. I tried to advise Tony not to do

certain things, but he wouldn't listen. I was telling Tony, 'that ain't gonna be good.

That ain't gonna be good."

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The Replacement: Butch Thompson 16

79. After Coach Golloway was terminated on Sunday, September 27,2015,

a new search was done, involving former Auburn baseball player Gabe Gross along

with Jacobs, Jeremy Roberts, and perhaps others, including, on information and

belief, current Auburn players.

80. After Jacobs fired Golloway, Jacobs convened a team meeting the same

day. He told the players that Golloway had been fired and Greg Norton was going

to lead the team. He told them "firing Sunny was the hardest thing I've ever done;

his wife and my wife are best friends. [Yet another Jacobs lie; they are not.] Do you

still want Scott Duval around?" Daniel Robert stood up and said, 'Puck no." Kyler

Deese blurted out, "Hell no." 17

81. The following day, September 28, Jacobs moved Duval to track,

relieving him of his baseball duties, but he let him keep his locker in the coaches'

locker room so he could continue to play basketball, which he did every afternoon.

"The relevance of who replaced Coach Golloway, and under what circumstances, isunderscored by precisely what Jay Jacobs said when Golloway Was fired. When Jacobs firedGolloway, the AD release quoted Jacobs as saying two things: He fired Golloway "with cause",and his, Jacobs', "commitment will always be to promote the best student-athlete experience inthe nation, and we will not accept anything less," implying rather directly that Golloway did notpromote the best student-athlete experience in the nation. Jacobs either did not mean that at thetime he said it, or the addition of Butch Thompson has lowered his standard.

"This was the team meeting in which a heavy-handed Jacobs reminded the players that hestill controlled their scholarships.

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82. On October 22, 2015, Auburn hired Mississippi State pitching coach

Butch Thompson to replace Coach Sunny Golloway. In praising his decision to hire

Thompson, Defendant Jacobs stated publicly that Thompson's "leadership style and

integrity" were major factors, adding "The people who called to talk about Butch

talked more about the man he is than anything else." Of his plan of approach to his

players, Thompson said, "My plan is to love them up."

83. While Coach Golloway's players respected and revered him", Coach

Thompson thus far this season has a history of abusing his players. His definition of

"loving them up" is very strange, indeed.'9

"Coach Holliday, a veteran coach who had served under many head coaches, often toldGolloway, "Coach, you're a saint, the way you treat these kids." Golloway would always reply,"Well, they're good kids."

19This season Coach Thompson inherited a returning player who had been recruited byGolloway. Unhappy for a host of reasons, mid-season that player wanted to quit. His fathercalled Coach Golloway and asked him to talk to his son. Golloway called the player and talkedhim into not quitting. A few weeks later, the player had a particularly good game. Gollowaycalled to congratulate him and check up on him. Notwithstanding his good performance, theplayer was down, saying to Golloway of Coach Thompson, "He just ain't ready. He's not you,Coach G". Then the player added, regarding the recent Missouri game with the "faggot"language (see Paragraph 88 infra) "At Missouri, he just Went off, calling us motherfuckers,telling us if we 'weren't gonna get on board just go take that motherfucking uniform off rightnow. I'm gonna flicking be here, you understand?" The player ended his recap for Golloway ofThompson's Missouri rant with, "Coach, that was really weird." It was not only weird. It wasalso ironic, for when Jacobs fired Golloway, as noted above, he released a statement which said,"I regret to announce that earlier today I dismissed Auburn head baseball coach Sunny Gollowaywith cause." He added, "My commitment will always be to provide the best student-athleteexperience in the nation, and we will not accept anything less." If calling players motherfuckersand opposing teams "faggots" is "the best student-athlete experience in the nation," one wouldhate to see the worst.

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84. During a game in March, starting pitcher Cole Lipscomb was pitching

for Auburn. Coach Thompson approached the mound and said to him, "You think

you're so flicking cool, I am so sick and tired of how cool you think you are. You

will never flicking pitch for me again." Lipscomb looked at his teammates gathered

around the mound after coach walked off and asked "What was that all about?""

Also in a game in March, Niko Buentello forgot how many outs there were in the

game - - not good, but it happens - - and when he came in, the dugout Coach

Thompson said to him that it was "flicking embarrassing that he didn't know how

many flicking outs there were." Offended, Buentello walked off, to which Coach

Thompson said, "Don't flicking walk off from me." Buentello replied, "Don't

flicking talk to me that way." Buentello was benched from first base the next game.

85. A little over a month ago, in what one can only assume was a highly

misguided effort to motivate his players before commencing a game in a three game

series against fellow SEC school Missouri, Thompson said to his players and coaches

in the outfield before the game, "We're not gonna lose to a bunch of flicking Missouri

Tiger faggots! ", having in mind former Missouri Tiger athlete and the first openly gay

"This incident of Thompson profanity and abuse has been confirmed from numeroussources, including Lipscomb's father, Nathan, who confirmed it in a phone conversation withCoach Golloway on Mother's Day, May 8, 2016.

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NCAA football player, Michael Sam. 2 ' Before his rant was over, Thompson used the

word "faggot" twice. 22

86. A few weeks ago Thompson called in all but three of his freshman

players. He told them they were free to transfer, to go wherever they wanted, because

he was not renewing their scholarships. Unbeknownst to Thompson, two of the three

freshmen players whose scholarships he intends to renew do not intend to return.

87. Last fall, after Golloway's firing but before Thompson was hired,

Defendants Jacobs and Benedict met on October 12 with the parents of a top recruit,

a much sought after high school player. The parents inquired about a replacement for

Coach Golloway. Jacobs, in his characteristic manner, lied to them. He said, "We

don't even have a list of replacements yet." Later than same day, the parents toured

the campus, watched a fall baseball scrimmage, and observed Jeremy Roberts driving

Coach Butch Thompson - - then the Mississippi State pitching coach - - around the

"Previous NCAA head coaches who have used the gay slur "faggot" have not fared well.For example, Greg McMackin, former University of Hawaii's Head Football Coach, used theword in a rant before Hawaii's 2008 bowl game with Notre Dame. He was Suspended for thirtydays without pay, had his $1.1 million salary cut, had to undergo sensitivity training, and issued ahalf-hearted apology. He never recovered, and retired two years later. Mike Rice, HeadBasketball Coach at Rutgers, did not fare as well. In 2013, one day after a video surfaced of himusing the words faggot and fairy to describe his own players, and otherwise abusing them, he wasfired, giving up his guaranteed salary of $700,000. There has been a sea-change in this country,both legally and culturally, Just since 2013 regarding gay rights, marriage equality, and sensitivityto the tights and needs of the LBGT community - - whether Butch Thompson knows it or likes it.

22A fair number of Coach Thompson's players are prepared to confirm these ugly truthsabout Coach Golloway's replacement.

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facilities in a golf cart.23

88. Two weeks before GOlioway was fired, his pitching coach, Tom

Holliday, came to him and asked, "Are we gonna get fired?" Golloway replied

earnestly, "Tom, we haven't even been told we are under investigation." Holliday

replied, "Sunny, all of our recruits are being told by Mississippi State [where Roberts'

and Duval's friend, Butch Thompson coached] "Don't go to Auburn. They're under

investigation, their coaches probably won't even be there." Someone at Auburn

obviously had spilled the beans to Mississippi State - - speaking out of school about

an investigation -- one of the allegations which got Golloway fired for cause.

89. A few days later, Golloway called Defendant Jacobs and asked, "Jay, are

we being investigated?" Jacobs replied, yet again lying, "Not to my knowledge.

What are you talking about?" Eight days later, Golloway was fired "for cause."

Trent B. Murnrnev

90. Until September 27, 2015, Trent B. Mummey was the student assistant

coach for Auburn University's baseball team. He primarily worked with the

outfielders.

91. He is supposed to graduate from Auburn in the summer of 2016 with a

23Golloway's top ten recruiting class was dispirited and unwilling to give their all forThompson. The team finished the 2016 season 23-33 and did not even make the SECtournament, much less NCAA-post season play.

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business degree in sales/marketing.

92. Trent Mummey played baseball at Auburn for three years before being

drafted by the Baltimore Orioles in the fourth round of the 2010 First-Year Player

Draft. He accepted the offer and left school early, knowing one day he wanted to

come back and finish his degree at Auburn.

93. While at Auburn University and with the Baltimore Orioles, Trent has

always tried to do the right thing, both on and off the field.

94. When Mummey was a player at Auburn, he personally witnessed

violations and infractions far more severe than those of which Coach Gollôway is

accused, and the individuals in question were not punished. Mummey doesn't believe

that Auburn's treatment of Coach Golloway is fair or justified.

95. For example, former Assistant Coach Bill Mosiello once lead Mummey

into a tunnel underneath the stadium, grabbed him by his shirt close to his neck and

had him pinned against the wall to show his frustration with Mummey. Butch

Thompson, then an Assistant Coach (and now Head Coach, after Golloway's

termination "with cause") was present when Mosiello grabbed Mummey by the neck,

and neither coach did, nor said, anything. Thompson didn't try to stop it, and he

didn't report it.

96. Mosiello was never punished for this at all, much less punished to the

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extent that Coach Golloway has been punished for allegedly taking actions which are

far less severe than physically assaulting - - with witnesses - - his own players.

97. Mummey received a phone call Sunday, September 27, 2015, at 1:06

p.m. from Jeremy Roberts, Auburn's Associate Athletics Director for Operations. At

the time, Mummey was golfing with his brother and his best friend.

98. At the time of the phone call, Mummey did not know anything was going

on between Sunny Golloway and Auburn University. He had not been told a single

thing by any one. He had heard vague rumors going around about violations, but had

not been involved in them or known anything about them.

99. When Mummey answered the phone call from Roberts, he answered with

enthusiasm, as he normally does when he answers a phone call from someone he has

known for a while and would consider a friend.

100. Jeremy was "straight business" from the moment Mummey got on the

phone with him. He said "Hello, Trent, this is Jeremy Roberts from Auburn

University." Mummey laughed and said he knew who it was because he has texted

him and congratulated him on the birth of his child.

101. Roberts proceeded to say "You have been terminated from the Auburn

University baseball program and your services are no longer needed."

102. Mummey was in shock. He asked Roberts, "Why, what are you talking

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about?" Roberts replied "That's all I can say." Mummey asked him again "What is

going on, what have I done?" and Roberts said "I've said all I can say."

103. The phone call lasted 54 seconds.

104. The next day, Monday, September 28,2015, Mummey received a phone

call at 12:56 p.m. from Jeremy Roberts lasting five minutes.

105. Mummey answered the phone and Roberts said, "Hello, this is Jeremy

Roberts. You are meeting with Greg Norton, the interim head coach, to talk about

your status with the baseball program, and you still have your scholarship through the

end of spring." Mummey said, "You terminated me from the baseball program

yesterday, so how am I back on the baseball program?" In a statement that can only

be characterized as bizarre, Roberts then told Mummey he didn't say any of that, and

that he had not terminated him the day before.

106. Roberts was lying when he told Mummey that he did not tell him the

previous day that Mummey had been terminated He absolutely told Mummey by

phone on September 27 that he had been terminated.

107. Mummey met with Greg Norton the following day, Tuesday, September

29, 2015, and Norton offered Mummey his position back as the student assistant.

108. Mummey declined the offer because of how Auburn's administration

treated him during this process.

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109. One day during the week of September 28, 2015, Mummey met with

Defendants Jay Jacobs, David Benedict, Rich McGlynn, and Jeremy Roberts in Mr.

Jacobs's office.

110. Mummey informed them about the choking incident involving Coach

Mosiello, thereby putting them formally on notice that the choking incident occurred,

if they were not previously. Mummy also informed them that then-Assistant Coach

Butch Thompson was present when Mosiello choked Mummey, and did and said

nothing. Notwithstanding Jacobs' knowledge from an eye witness (the victim) that

Butch Thompson witnessed a fellow coach physically assault a player, and did

nothing about it, Jacobs still hired Thompson as Head Coach to replace Coach

Golloway.

111. Mummey also informed them that Jeremy Roberts called him and told

him that he (Mummey) had been fired. In response, Roberts told the group in Jacobs'

office that he did not say this.

112. Mummey looked Roberts in the eye and told him that he (Roberts) was

lying when he said he did not terminate him. At this point, Jacobs asked Roberts,

Benedict and McGlynn to clear the room. Mummey taped the entire meeting.24

"Coach Golloway and Ryan Jenkins heard the entire recording of the meeting withJacobs, et al., and can confirm these events as aforestated.

IM

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113. To terminate someone who has done nothing wrong and represented

Auburn University with class, to tell them nothing about why they were being

terminated even when asked repeatedly, and then call them back the next day and lie

and say they didn't do that is a poor reflection of character. Mummey didn't want to/

be associated with people who treated him that way.

Phillip Ryan Jenkins

114. Ryan Jenkins was a player on the Auburn University baseball team for

five years, in the position of catcher. Jenkins was an All-SEC catcher and was

Captain of the team for three years.

115. For more than two years, he worked on the staff of the Auburn baseball

program. The first year, he worked as a student assistant while finishing his degree.

He then became the strength and conditioning coach, and recently began his second

year in that position.

116. When he was interviewed during the investigation of Coach Sunny

Golloway's actions, he believed that the questions asked were not fair or impartial,

and instead were designed to construct a certain narrative about Coach Golloway.

According to Jenkins, the "deck was stacked" against him (Golloway).

117. When Jenkins was a player at Auburn, he personally witnessed violations

and infractions far more severe than those of which Coach Golloway is accused, and

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the individuals in question were not punished. Jenkins doesn't believe that Auburn's

treatment of Coach Golloway was fair or justified.

118. For example, when Bill Mosiello was a coach at Auburn, he once tried

to physically grab Jenkins in the locker room. Jenkins fought him off. Head Coach

Tom Slater knew about this incident and did not report it.

119. The same day that Mosiello tried to grab Jenkins, Jenkins witnessed him

push fellow player Trent Mummey into a tunnel underneath the stadium, grab him by

the neck, and begin choking him with his bare hands. Then assistant coach, now

Head Coach, Butch Thompson, witnessed Mummey being choked by his coach and

did nothing to stop it. No coach said anything to anyone about the incident, nor did

they report it. Jacobs knew about Thompson's being a witness to this assault before

hiring him, because Mummey himself told Jacobs, but Jacobs hired him nonetheless.

120. Mosiello later personally apologized to Jenkins for these episodes, but

to Jenkins' knowledge, he (Mosiello) was never punished for them at all, much less

punished to the extent that Coach Golloway has been punished for allegedly taking

actions which are far less severe than physically attacking his own players with

witnesses.

121. When Jenkins was a player, workouts were routinely held at 4:30 in the

morning outside in bad weather, in violation of NCAA regulations. All coaches knew

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about the workouts because they were present. Nothing was done.25

122. Coach Slater was not fired for any of these actions, which seem to

Jenkins far worse than anything of which Coach Golloway was accused.

123. Weight Room Incident: Jenkins was aware of accusations that Coach

Golloway improperly permitted players who were not medically cleared to work out.

Jenkins does not believe the facts support these allegations.

124. According to Jenkins, it was incredibly confusing for him, as a coach,

to know which players were and were not cleared to practice. Last season, he would

receive emails directly from John Heck, Assistant Athletics Director for Compliance,

informing him (Jenkins) which players had been cleared to practice.

125. The 2015-16 season, however, those ernails began going to Bryan

Karkoska, Auburn's Strength and Conditioning Coach, and Jenkins' supervisor, who

would then forward them to Jenkins. Jenkins was not informed directly by

Compliance which players were cleared to play.

126. Subsequently, the emails from Karkoska curiously stopped altogether.

Jenkins began to receive text messages from Scott Duval, Auburn's Director of

Baseball Operations, to all coaches indicating which players had been cleared. Duval

250n January 16, 2010, the NCAA adopted a rule that no workouts could take placebetween midnight to 5:00 a.m. See, NCAA Bylaw 17.1.7.6.3

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would send a group text message every time an individual player had been cleared.

The texts, however, were not always sent in a timely manner, so it was sometimes

unclear at the beginning of a particular practice which players were, in fact, cleared

to practice.

127. On the morning of August 22,2015, the baseball team was scheduled to

have their first team weight lift, which was also their first team activity of that season.

128. Prior to August 22, Jenkins had been specifically told by Karkoska that

they were not allowed to let any player work out unless and until that player had been

medically cleared to lift weights.

129. Karkoska told Jenkins that he (Jenkins) would know that a player had

been formally and officially cleared because that player would have Auburn-issued

gear.

130. For the first time in the entire duration of Jenkins' tenure with the

Auburn baseball team, either as a player, student assistant, or coach, the team had

neither an equipment manager nor an athletic trainer' - - making it all the easier to

set up Coach Golloway for termination "with cause".

131. Normally, the equipment manager would issue players gear as the final

"Once Golloway was fired, Auburn named Kevin Fuhter as Equipment Manager andSean Stryker as Athletic Trainer. Curious indeed.

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step in the clearance process.

132. The day before the 22, Scott Duval gave Jenkins a list of approximately

twelve or thirteen players who were not cleared to practice. The morning of the 22nd

some of the players who were on that uncleared list showed up to work out and were

wearing Auburn-issued gear.

133. Jenkins asked those players, whom he did not believe to have been

cleared, if they had, in fact, cleared through compliance; the players told Jenkins that

they did not know, but that they had been issued gear, and that Scott Duval was

present when the players were issued gear. Scott Duval would not normally have

anything to do with the issuance of gear to players.

134. Jenkins would not let the players work out who had been issued team

gear but who were not on the list of cleared athletes that be had been given on the

22'.

135. Scott Duval also came to the weight room on the 22 d and was taking

pictures of players, both those who were lifting and those players who were not

cleared and whom Jenkins would not allow to lift.

136. Curiously, those pictures were never circulated on social media or among

coaches, either of which would be normal with photos taken during a practice.

137. Scott Duval had never before come to a team workout in the weight

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room. Jenkins found his presence at the workout on August 22h1(to be unusual, as he

had never before been in the weight room with the team in the three years Jenkins was

an assistant or coach with the Auburn baseball team. More, it appears, of the Duval

set up of Golloway.

138. All of this should be on film; Watson Field House has several cameras

throughout the facility where the team conducts its workouts.

139. Jenkins believes Scott Duval intentionally arranged for non-cleared

players to obtain gear and then come to the weight room to take pictures of them in

the weight room in an attempt to set up Coach Golloway and make it appear that

Coach Golloway was in violation of Auburn and NCAA rules, having allowed non-

cleared players to work out.

140. Non-Cleared Pitchers in the Bullpen: Jenkins is aware of accusations

that Coach Golloway improperly permitted players who were not cleared to pitch, and

that he subsequently denied doing so. Based on his personal knowledge and

observations, Jenkins does not believe the facts support these allegations.

141. Jenkins is aware of an incident during which an Auburn player, Colton

Campbell, was pitching in the bullpen when he was not cleated to practice. Jenkins

does not remember the specific date when this incident occurred, and does not recall

if other non-cleared players were present and pitching, though it is possible.

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142. It is not in any way unusual, and is in no way a violation of any Auburn

policy or NCAA regulation, for players to use Auburn facilities to practice on their

own time (i.e., not during a team practice and without coaches both present and

coaching them). Based on his personal knowledge and observations, Jenkins believes

this is what Colton Campbell was doing on the day in question.

143. When the coaches realized that Campbell was not cleared, he was not

allowed to continue pitching at subsequent practices.

144. By contrast, when Jenkins was a player at Auburn, John Pawlowski, the

former Head Coach (and now head coach at Western Kentucky), would routinely

instruct players that they were required to be at a "voluntary" team lift, not formally

scheduled or recorded as a practice or workout, that would regularly occur on

Mondays.

145. Pawlowski's actions were not abnormal, though Jenkins believes they

would be a violation of both formal Auburn policy and NCAA regulations insofar as

Pawlowski was, in effect, requiring players to be present at an off-the-books practice.

As far as Jenkins was aware, Pawlowski was never punished for these actions.

146. Pawlowski left Auburn initially for San Diego State University, serving

as their pitching coach. After three years there, he accepted a job as Head Coach at

Western Kentucky. At San Diego State, Pawlowski told the San Diego State head

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coach, Mark Martinez, speaking of Auburn baseball and Coach Golloway, that

"Sunny isn't going to like it there. They make you do things their way, and they don't

like strong-willed people. I'm not surprised that they (Auburn) fired Sunny for no

reason."

147. Coach Golloway never required players to, or even mentioned to players

that they should, be at any "voluntary" practice or workout.

148. "All-Star" Game Incident: Jenkins is aware of accusations that Coach

Golloway improperly arranged for and/or allowed an "all-star" game to take place

during a summer baseball camp. Based on his personal knowledge and observations,

Jenkins does not believe the facts support these allegations. He is right.

149. The Auburn camp was run by Scott Duval and Hunter Vick, the

Volunteer Assistant for Baseball. The camp was poorly run and poorly administered

with respect both to maximization of facility usage and time management (for which

reasons, as soon as camp was over, Golloway relieved Duval and Vick of their camp

responsibilities).

150. One day during camp, there were campers who were supposed to have

been able to bat but who had not batted due to poor time-management administration

of the camp.

151. Some of these campers who had not batted stayed late after the camp day

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was supposed to be over because, understandably, they wanted to bat.

152. Some of those players became involved in a pick-up game. Jenkins does

not know how the game came about or who was responsible for organizing it, but he

had never been aware of any endeavor by any coach to organize an "all--star" game,

and does not have personal knowledge that this game was intended to be such.

153. Coach Golloway, Jenkins and other coaches were aware which players

at the camp performed better than others; all coaches and staffers at the camp would

have been aware of this information, as identifying players whom Auburn might wish

to recruit in the future is one of the main reasons the camps - - and other camps

around the world - - are held.

154. Jenkins was not aware that any of these better-performing players were

ever selected for any kind of all-star game. There had never been any kind of all-star

game at any camp that he was aware of or involved with, and he is not aware of

Coach Golloway ever having arranged for one to take place.

155. Lightning Incident: Jenkins is aware of accusations that Coach Golloway

failed to timely remove campers from the playing field after being informed of

lightning. Jenkins does not believe the facts support these allegations. As soon as

Coach Golloway received information about inclement weather, he got the players off

the field.

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156. Jenkins was present and on the field pitching batting practice at the camp

during the lightning incident. The sun was out, there was no rain, and there was

literally not a cloud in the sky that could be seen from the field at the time of the

incident.

157. Jenkins was pitching to campers when Joe-Joe Petrone, Auburn's

Director of Sports Medicine, came onto the field and informed those present that

there was lightning in the area and that the players must be removed from the field

immediately.

158. Though, as noted, there was not the slightest visible hint of a storm or

of lightning, Jenkins and the other coaches immediately removed players from the

field as fast as humanly possible upon being instructed to do so by Petrone.

159. Jenkins was not aware of the presence of lightning until Petrone

informed all of them on the field of this information. Because of the weather

conditions visible on the field, none of the coaches present on the field working with

campers would have been aware of a lightning strike many miles away absent being

informed of this information by Petrone. The minute Petrone returned to the baseball

field and informed the coaches of the distant lightning, they immediately took all the

players off the field.

160. To the extent that Coach Golloway in anyway "failed" to remove players

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from the field, then all coaches who were present on the field did the same thing, as

none of them were aware of a confirmed lightning strike in the area prior to being told

that information by Petrone. Once Petrone informed them of that information, then

all the coaches, working together, immediately got the players off the field.

161. Non-Coaching Staff Volunteer: Jenkins is aware of accusations that

Coach Golloway knew about a non-coaching staff volunteer who was participating

in coaching activities. Jenkins does not believe the facts support these allegations.

White didn't coach.

162. Bill White is a former Major League Baseball pitcher (for the Texas

Rangers) who now lives in Auburn, Alabama. White worked as a paid staffer during

summer camps, working with pitchers. It is totally normal and within the rules to

have paid staff members at camps who are not coaches for the Auburn baseball team

163. Jenkins met Bill White during the camps, and he (White) informed

Jenkins of his desire to be a college baseball coach. Bill White asked Coach Tom

Holliday, Assistant Head Coach and Pitching Coach, if he could shadow Holliday

during the first few Auburn baseball practices so that he could learn more about being

a coach, in line with his expressed desire to have a coaching career.

164. White sat in the bullpen next to Holliday during practices and watched

the team practice so that he could learn more about the job of a college baseball

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coach. While Jenkins cannot state with absolute certainly that White had literally no

interactions with players, insofar as he may have said a polite hello to a player or

otherwise exchanged pleasantries, Jenkins was present at the practices that White

attended, and was in fact in the bullpen with him, and Jenkins states emphatically that

in no way did White "coach" or otherwise instruct any Auburn player to do anything,

and any statement to the contrary is emphatically untrue.

165. Confidentiality of the Investigation: Jenkins is aware of accusations that

Coach Golloway failed to keep the content of Auburn's investigation against him,

Golloway, confidential. Jenkins does not believe the facts support these allegations.

166. Jenkins was interviewed during the course of the investigation, and while

he was instructed that he was required to keep the subject matter of the investigation

and the interview confidential, he was not informed that he was required to keep the

existence of the investigation and the interview confidential.

167. Coach Golloway was aware that Jenkins was interviewed because

Jenkins told him he had to leave a practice to attend the interview.

168. Jenkins was also aware that Coach Golloway was interviewed; Golloway

told Jenkins he was interviewed.

169. Coach Golloway and Jenkins never talked about any subject matter

discussed during the interview; they only informed each other that the interviews took

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place.

170. Jenkins is not aware that Coach Golloway ever told anybody about what

took place during his interview or during the investigation of him, and he never told

Jenkins anything other than that an interview of him, Golloway, took place.

171. By contrast, Greg Norton told Jenkins everything that happened during

the course of the interview with him (Norton) which took place during the

investigation, including both what he was asked and what he said in response.

172. It does not seem fair to Jenkins that Coach Golloway is apparently being

held to a double standard, wherein he is supposedly being punished for talking about

the investigation - - which he did not do - - but other coaches, including Norton, who

was, for a while, acting Head Coach, is not.

173. If Coach Golloway was fired because he did not keep any investigation

confidential, it seems only fair that Coach Norton should be as well, as he did the

same thing that Coach Golloway allegedly did.

174. Jenkins' Administrative Leave: Jenkins was contacted Sunday,

September 27, at 1:03 p.m. by Jeremy Roberts, Auburn's Associate Athletics Director

for Operations. Jenkins was told he was being placed on administrative leave and

that he was not to have any contact with any of the student athletes or any staff.

Roberts would not give Jenkins an opportunity to ask why or what happened. Jenkins

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tried on several occasions to contact someone to tell him what happened and why he

was being put on leave, with no success.

175. No official in the Auburn Athletics Department would return Jenkins'

telephone calls or answer his questions about why he was put on administrative leave.

Justin Veazey

176. Justin Veazey is over the age of nineteen years and a resident of Lee

County, Alabama.

177. For the past year, Veazey has worked on the staff of the Auburn baseball

program. He was the student manager until he graduated from Auburn in May 2015

with a B.S. in Physical Education. In August, he was hired as the Video Coordinator

for the team.

178. Three different times in the fall of 2015, Veazey was called into

meetings and threatened with termination by Dave Didion, Associate Director of

Athletics at Auburn. At both the second and third meeting, lawyers for Auburn

University Were present as well.

179. Veazey and other student assistant managers have to fill out time sheets.

They have to be approved and signed by Duval. Duval didn't want to be bothered

with the process, so he instructed the student managers to sign his, Duval's, name on

their time sheets, which they did. When Veazey was interviewed by Auburn's outside

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counsel regarding the time sheet falsification, the lawyer said, "We've got you for

that. If you tell us what we want to know, we'll look the other way. If you tell us

what we want to know, you'll have ajob here." That Golloway was terminated "for

cause" was no surprise based on this type of objective fact-finding inquiry.

180. After seizing Veazey's video, Auburn's outside counsel and David

Didion told Veazey to go back to work, instructing him, "If he (Coach Golloway)

asks you where it is, just lie to him. Tell him the IT people came and got it to work

on it. Do not tell Coach Golloway we've got it."

181. Auburn's outside counsel got Veazey flustered in his interrogation of

Veazey. The lawyer got Veazey to admit he worked on Coach Golloway's farm on

a Tuesday (a work day). He didn't. He went, by mutual agreement, to work on

Golloway's farm on Wednesday, an off day, Veazey had no morn or dad, only his

grandfather. He always needed money. So on his off day, he wanted to work on

Golloway's farm, for which Coach paid him $ lOan hour.

182. Veazey has personal knowledge of information regarding several

episodes relevant to the termination of Coach Golloway.

183. Veazey was asked by an official from Auburn about a supposed "all star"

game involving players who had been picked out, which took place at one of the

baseball camps run by Coach Golloway.

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184. There was no such "all star" game, and no players were selected for any

such game. Instead, some players stayed on the field after one of the days of camp

and engaged in a pick-up game.

185. There was also an episode at which lightning was reported in the vicinity

of the camp. According to Veazey, nobody at the camp could see any lightning or

hear any thunder; the sky was blue and there was no rain nor clouds.

186. Regardless, once the lightning report was confirmed., Veazey claims

campers were gotten off the practice fields, as is standard protocol when lightning is

reported in the vicinity.

187. Once, there was an episode at which Colton Campbell, a player who had

not been medically cleared to pitch, nonetheless pitched at practice. Coach Golloway

asked Veazey to delete the video of Campbell. Coach told Veazey that we didn't

need and couldn't use this video, so there was no reason to keep it. Coach Golloway

did not instruct Veazey to delete any video other than Campbell.

188. Coach Golloway knew that there were other players, approximately two

or three, who had not been cleared to pitch but who had been filmed. He did not

request that Veazey delete those videos.

189. Coach Tom Holliday, associate head coach and pitching coach, told

Veazey to delete all the videos. Veazey asked Coach Golloway if he should delete

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those videos, and Golloway told Veazey no, only to delete Campbell because they

would not need to use that particular video in the future because Campbell would not

be at practice.

190. There was another episode in which players who were not medically

cleared were nonetheless issued gear for practice. Either Scott Duval or an equipment

manager must give the instruction to issue gear. There was not an equipment manager

at the time of the episode in question.

191. All of Veazey's videography equipment was confiscated by Auburn, and

Veazey was instructed not to tell the coaches of this fact.

192. On the afternoon of Wednesday, September 30,2015, Veazey was called

by the secretary of Jeremy Roberts, Auburn's Associate Athletics Director for

Operations. He, Veazey, does not know her name.

193. The secretary told Veazey on the telephone that she had been instructed

by Roberts to call him, Veazey, and inform him that he, Veazey, had been terminated

from his position with the Auburn baseball team. Another example of Auburn

baseball class: terminate your videographer by secretary Later, Jeremy Roberts

called him back, saying come on down, we'll find you ajob. Veazey hung up on him.

Hunter Vick

194. Hunter Vick Was a volunteer coach who assisted with camps until, along

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with Duval, he was relieved of his camp responsibilities.

195. On a bus trip back home to Auburn last spring, during the 2015 season,

Vick had been talking on his cell phone to a young lady, not his wife. His wife later

saw the "recent" call on his cell phone and inquired about it. Vick lied. He told her

that, on the bus, Kyler Deese, a catcher and infielder (and now starting catcher) had

asked to borrow his cell phone to make a call.

196. Vick then went to Deese and asked him "to cover for me." Deese did.

He lied to Vick's wife, at the request of Vick, by claiming he borrowed Vick's cell

phone.

197. A few days before he was terminated, Coach Golloway learned of this

incident. He confronted Deese about it, and Deese told Golloway what happened.

When Coach Golloway asked him why he lied for Vick, Deese replied, "Well, he's

my coach." Golloway sternly told him what he did was improper, that it was not his

problem, it was Vick's problem, and that he should not lie for anyone, even his coach.

198. Golloway intended to terminate Vick from his program after confirming

this incident with Deese, but before he could take action, he Was terminated himself.

199. Butch Thompson retained Vick on his staff and elevated him to Video

Coordinator.

200. On information and belief, Vick has provided marijuana to his players.

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DAMAGE TO PLAINTIFF

201. Sunny Golloway lost his job, meaning he lost his salary, with camps, of

$750,000, and extensive benefits. As a result, he also lost his passion. He loves

baseball, and he loves coaching the kids. That is what he lived for. He was living in

Auburn, Alabama. He is a college baseball coach. There are no other colleges in

Auburn other than Auburn University. So he had to relocate. Having lost his job for

cause, he could not, and has not, found anotherjob. He has applied, and interviewed,

but with a "cause" termination hanging over him, no one will hire him. 27 He expects

that to be the case for the foreseeable future.

202. When the Golloways relocated to Oklahoma, Coach Golloway had no

job. It is extremely difficult to qualify for a mortgage on a house if one is

unemployed. So he had to liquidate shares in restaurants he had invested in, all at a

loss to future earnings. In a good month, he received $2,000 from those investments.

He had expected to pass on those shares to his children to secure their financial

future.

203 Having no job, having no job prospects due to a "cause" termination,

17 Auburn did not announce what the "cause" was. Absent an explanation, the minds ofthose who know of Coach Golloway's termination run wild. Was he terminated for stealing?Hitting a player? Molesting a player, Sandusky style? Golloway is living in a hell from whichhe cannot extricate himself.

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having to relocate, having to liquidate assets to buy a home because he had no job - -

all were extremely stressful to Plaintiff and his wife.

204. Coach Golloway and his wife, Charlotte, have had many sessions around

the kitchen table, wringing their hands. Initially, it was reactive - - what did I do

wrong? Why was I terminated? Eventually, it became more pragmatic. What do we

do? Where do we move to? What do we cash out or liquidate to pay bills? If I can't

find a job as a coach, should I just take anything?

205. There have been many sleepless nights, tossing and turning, finally going

to sleep at 2:00 a.m., only to awaken at 6:00 a.m., with a fresh set of questions to

ponder. A. fresh set of "what ifs" and "why mes", a new series of questions about the

future, paying bills, what to liquidate next to pay for the kids' schooling.

206. Being unemployed is difficult for anyone, at the lowest wage scale.

Being unemployed when you've worked hard all your life to be at the upper end of

the wage scale, only to be labeled undesirable ("we fired this bank teller because we

caught her stealing", "we got rid of this teacher because she had sex with a student")

is the death penalty of employee discipline. Golloway as fired "with cause".

207. Coach Golloway cannot find a job. He was terminated "with cause",

because somewhere miles away there was lightning and, without a clear clearance

system, a pitcher "threw a bullpen" when he shouldn't have. He was terminated

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because one or more of the Defendants orchestrated these circumstances. When

you're out of work, out of luck, didn't do it but don't know how you're going to put

food on the table for your family, you do wring your hands. You do toss and turn.

And when its not your fault, you should be compensated.

COUNT ONE

BREACH OF WRITTEN CONTRACT: DEFENDANT BOARD

208. Plaintiff adopts and realleges each and every allegation contained in this

Complaint as if set out anew herein.

209. Plaintiff had a written employment agreement with the Defendant Board

which was signed in June of 2013. It was automatically extended through June 30,

2019, following Coach Golloway's winning 2015 season.

210. In that agreement, his contract having been extended, and therefore

Coach Golloway having more than three contract years remaining, should he be

terminated "without cause", Coach Golloway was to be paid the sum of

$150007000.00.

211. In an effort to avoid paying Coach Golloway $1,000,000.00, Defendants,

acting in concert, conspired to concoct facts and create impressions which would

justify his termination "for cause", thereby removing the obligation of Defendant

Auburn University to pay him $1,000,000.00.

•1

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212. Justifiable cause did not exist for Coach Golloway to be terminated, as

a result of which Defendant Board has breached his written agreement, which has

done him irreparable harm.28

213. As a result of such termination, Plaintiff was caused to be injured and

damaged; to have his career significantly and adversely impacted; to damage his

reputation; and to forego compensation and benefits.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands the

following relief:

a. Pre- and Post- judgment interest;

b. Injunctive relief to prevent such conduct in the future;

C. Compensatory damages;

d. Attorney's fees;

e. Costs;

f. Such other legal or equitable relief as may be appropriate or to

which he may be entitled in an amount that is just and appropriate as

determined by a struck jury.

28GoogIe Sunny Golloway years later, it will tell you Auburn terminated him "withcause".

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COUNT TWO

BREACH OF CONTRACT - PERMANENT EMPLOYMENT:

DEFENDANT BOARD

214. Plaintiff adopts and realleges each and every allegation contained in this

Complaint as if set out anew herein.

215. Plaintiff avers that Defendant Board breached its contract of permanent

employment with him by engaging in the conduct set forth hereinabove.

216. Specifically, Plaintiff avers that when negotiating with Jay Jacobs to be

hired by Auburn University, they were talking about money. Jacobs said, "Let's

make it $650" (meaning $650,000.00). Coach Golloway asked, "For how many

years?" Jacobs replied, "You tell me, partner." Golloway replied, "At least five

years." Jacobs then replied, "We can do that. Make it as many as you want."

217. By his statements, made in the line and scope of his employment and

with the authority to bind Defendant Auburn University, Jacobs thereby took

Golloway out of the status of "at-will employee" and gave him permanent

employment, and created a separate, second permanent contract from which Plaintiff

could not be terminated, whether with cause or without cause.

218. Due to Defendant Jacob's promises, representations, assurances and

commitments to Golloway, made in the line and scope of his employment, Plaintiff

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was no longer an at-will employee of Defendant Board, there being extra-contractual

consideration for said Defendant's promises, representations, assurances and

commitments in the form of Plaintiffs decision to voluntarily relinquish his existing

job, move his family and relocate from Oklahoma to Auburn, Alabama, nor was

Plaintiffs only contract his written contract. Coach Golloway was promised, and

accepted the offer of, permanent employment, from which he could not be terminated,

irrespective of the existence of cause.

219. Instead, Coach Golloway was terminated on Sunday, September 27,

2015, in express breach of the contract of permanent employment, pursuant to which

he was guaranteed employment, in Jacobs' words, for "as many [years] as you want."

220. At the time of his termination, Coach Golloway, with the addition of

camps that he oversaw and conducted, was making just under $750,000.00 per year,

plus benefits.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands the

following relief:

a. Pre- and Post- judgment interest;

b. Injunctive relief to prevent such conduct in the future;

C. Compensatory damages;

d. Attorney's fees;

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e. Costs; and

f. Such other legal or equitable relief as may be appropriate or to

which he may be entitled in an amount that is just and appropriate as

determined by a struck jury.

COUNT THREE

DEFAMATION: DEFENDANT JACOBS

221. Plaintiff adopts and realleges each and every allegation contained in this

Complaint as if set out anew herein.

222. On September 27,2015, when Defendant Jacobs fired Sunny Golloway,

he released a written statement which read as follows:

I regret to announce that earlier today I dismissed Auburn head

baseball coach Sunny Golloway with cause.

Jacobs added:

My commitment will always be to provide the best student-

athlete experience in the nation, and we will not accept

anything less.

223. In doing so, Jacobs defamed Golloway. Coach Golloway did nothing

which could constitute "cause" for purposes of his written contract. Nor did

Golloway do anything, or fail to do anything, which would constitute less than the

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best student-athlete experience in the nation. Jacobs' statement that he would not

accept anything less than the best student-athlete experience in the nation is untrue.

He is accepting it now with a Head Coach who, as an assistant, witnessed a player

being assaulted by a coach and neither did anything to stop it, nor did he report it. He

regularly and abusively uses profanity in belittling and berating his players. He uses

gay slurs in attempting to motivate them, and, before the end of the season,

demoralized and undermined most of his freshmen players by cruelly telling them he

wasn't going to renew their scholarships. Thompson is unfit to coach, not because

of his 23-33 record this season, with a top ten recruiting class, but because of his

outrageous treatment of his players, yet Jacobs readily accepts it.

224. These false, incorrect, misleading and disparaging statements by Jacobs

were designed to disparage Coach Golloway, reflect poorly on him, cast him in a

false light, and justify his dismissal as Head Baseball Coach.

225. As a result of these false, incorrect, misleading and disparaging

statements by Jacobs, Golloway not only lost his compensation and benefits at

Auburn, but also has been unable to find similar employment because of the "with

cause" cloud hanging over his head. Jacobs' malicious and defamatory actions have

sullied Golloway's good name and emptied his bank account.

226. As a result of Jacobs' aforesaid actions, Golloway has suffered mental

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anguish, embarrassment, and humiliation. He has had to relocate his family, incurring

various expenses and economic losses. His inability to find work will affect his

future earnings and professional status for the foreseeable future.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a struck

jury award him the following:

a. Compensatory damages, to include mental anguish, lost

professional income, attorney's fees, costs, and such other relief

to which he is entitled; and punitive damages against the

individual Defendant, to deter such conduct in the future

COUNT FOUR

FRAUD (DEFENDANT BOARD. DEFENDANT JACOBS)

227. Plaintiff adopts and realleges each and every allegation contained in this

Complaint as if set out anew herein.

228. When Plaintiff was negotiating with Jay Jacobs to be hired by Auburn

University as its Head Baseball Coach, when Jacobs got to the topic of money he

said, "Let's make it 650" (meaning $650,000.00). Coach Golloway asked, "For how

many years?" Jacobs replied, "You tell me, partner." Golloway replied, "At least

five years." Jacobs then replied, "We can do that. Make it as many as you want."

Jacobs also promised Golloway that he would have a new hitting facility and a new

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practice field. Plans were drawn up, but no action was taken to construct either. As

further inducement to attract Golloway to Auburn, Jacobs promised him two sideline

passes to Auburn football games; two parking passes in a prime lot next to the

stadium; and two all-access passes on football game day to anywhere in the stadium,

including the locker room. He didn't tell Golloway that after two years, the perks

would change significantly.

229. Not only did these promises, commitments, representations and

assurances take Golloway out of the status of "at-will employment" but they also

were misrepresentations which constituted fraud under Alabama law.

230. Plaintiff avers that Defendant Board, by and through its agent, Defendant

Jacobs, who was acting within the line and scope of his employment, caused and

intended to cause, or negligently, recklessly, inadvertently, or mistakenly caused,

Plaintiff to rely on these fraudulent material representations or other wrongful acts,

to his detriment, by accepting the offer of employment with the intent that he could

stay for "as many" years as he wanted; in so doing, would receive the aforementioned

benefits and perks; and would have his state of the art batting facility and practice

field - - absent which he would not have accepted the offer.

231. Plaintiff avers that the foregoing misrepresentations ofmaterial fact were

false and known to said Defendants to be false, or were made wantonly, recklessly,

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needlessly, Or negligently, without regard for the truth or falsity of the

representations, or were made innocently or mistakenly, with the intention that

Plaintiff rely on them and leave his employment in Oklahoma and relocate his family

to Auburn, Alabama.

232. Plaintiff avers that he reasonably relied upon the aforesaid

misrepresentations to his detriment, by leaving his then-current job, without the

knowledge of the falsity of the misrepresentations.

233. Plaintiff avers that the misrepresentations of said Defendants were

intentional, gross, oppressive, malicious, and were committed as stated herein with

the intention of causing Plaintiff financial loss and economic hardship, or, in the

alternative, were wantonly, recklessly, needlessly, or negligently committed, without

regard for the truth or falsity of the representations, or were made innocently or

mistakenly, with the intention that Plaintiff rely on them and act accordingly.

234. Plaintiff avers that said Defendants gained from the fraud by inducing

him to relocate to Auburn, to turn around the Auburn baseball program, to take the

team to the NCAA post-season, and to have a top recruiting year.

235. The wrongful conduct of said Defendants combined and concurred to

proximately cause Plaintiff to suffer financial loss, economic hardship,

embarrassment, and mental anguish, and, being fraudulent and/or willful, malicious,

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made in bad faith, or under a mistaken understanding of law, constitutes an exception

to state Cranman immunity.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands the

following relief:

a. That this court enter judgment against said Defendants for an

award of compensatory damages, to include mental anguish and

emotional distress, in an amount to be proven at trial;

b. Punitive damages as against Defendant Jacobs to deter such

conduct in the future;

C. Costs;

d. Interest;

e. Attorney's fees; and

f. Any and all other relief to which he may reasonably be entitled.

COUNT FIVE

TORTIOUS INTERFERENCE: DAVID-BENEDICT RICH McGLThN

SCOTT DUVAL AND JEREMY ROBERTS

236. Plaintiff adopts and realleges each and every allegation contained in this

Complaint as if set out anew herein.

237. In taking the aforesaid actions, Defendants Benedict, McGlynn, Duval

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a S

and Roberts, who were strangers to Plaintiff's contract with Auburn, knowingly,

willingly, and wantonly sought to interfere with Plaintiff's written contract with

Defendant Auburn. In lay language, they affirmatively and proactively "sought dirt"

on Coach Golloway, or stood in the way of his efforts to terminate Duval, who

retaliated by orchestrating the set up ofGolloway for termination "with cause". They

encouraged players and their parents to tell them negative things about Golloway, and

set him up so that it would appear as if he committed NCAA infractions.

238. Defendant Duval also sought out local third parties - - to wit, Jim Miksis

at Lee Scott Academy - - to feed him negative, critical, or scurrilous information

about Golloway (e.g., Golloway gave away AU baseballs) as a means of impugning

his character as giving away what is, at heart, state property and, thus, should have

been terminated for cause.

239. On the morning of September 18, Golloway called Jacobs and said he

was firing both Duval and Vick. He didn't ask; he stated he was doing it. Jacobs did

not object, saying go ahead, but have someone from the administration present.

Benedict then intervened to protect his colleague. Within thirty minutes, Jacobs

called Golloway back and said Benedict advised him not to let Golloway fire Duval

and Vick. -

240. At 9:20 a.m. that morning, September 18,2015, Benedict sent Golloway

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an email from his i-Phone. It read: "Coach Galloway [he still didn't know how to

spell his Head Baseball Coach's name] I don't know why our phone conversation got

cut off but I want to reiterate that you should not make any personnel changes at this

time. David."

241. Regarding Defendant McGlynn, Golloway was terminated, in part, for

allowing "an all-star game that was not open to all campers to take place afer a

baseball camp." (Allegation #6, p. 24, supra.) Greg Norton, batting coach, and Tom

Holliday, pitching coach, had requested of Golloway that they have a post-camp

game. Golloway contacted McGlynn, Auburn's head of compliance. McGlynn said

the game would be okay "as long as there was instruction." Golloway replied, "Rich,

everything we do at camp involves instruction" to which McGlynnreplied, "Good."

The game went forward with what Golloway assumed was McGlynn's express

blessing.

242. McGlynn and Auburn now have withdrawn their blessing, and

terminated Golloway with cause, in part due to an event Auburn's compliance

director expressly blessed. McGlynn's contention otherwise constitutes tortious

interference with Golloway's contract with Auburn, and creates a question of fact for

ajuly.

243. As a direct and proximate cause of Defendants Benedict's, McGlynn's,

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-

Duval's and Roberts' intentional and wanton acts, Plaintiff has been harmed by being

terminated from a job that paid him just under $750,000 a year, had his reputation

sullied nationally for having been terminated "with cause", has suffered clearly

foreseeable mental anguish, and has extreme difficulty to date, and in the foreseeable

future, in finding gainful employment.

WHEREFORE, PREMISES CONSIDERED, Plaintiff demands the

following relief:

a. Compensatory damages, to include mental anguish and emotional

distress;

b. Punitive damages, as against the individual Defendants, to

discourage such malicious conduct in the future; and

C. Interest, costs, attorneys' fees, and such other relief to which he

may be entitled.

PLAINTIFF DEMANDS TRIAL BY A STRUCK JURYON ALL CLAIMS SO TRIABLE.

Respectfully submitted,

John D.Alabama Bar No. ASB-3258-071JDonna Smith CudeAlabama Bar No. ASB-7680-W18AAttorneys for Plaintiff

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OF COUNSEL:

JOHN D. SAXON, P.C.2119 3rd Avenue NorthBirmingham, AL 35203Tel: (205) 324-0223Fax: (205) 323-1853Email: [email protected]

[email protected]

PLAINTIFF'S ADDRESS:

SUNNY W. GOLLO WAY208 Shepherds WayBlanchard, Oklahoma 73010

PLEASE SERVE THE DEFENDANTS BYCERTIFIED MAIL RETURN RECEIPT REQUESTED:

BOARD OF TRUSTEES OF AUBURN UNIVERSITYdo Grant DavisSecretary to the Board of Trustees105 Samford HallAuburn, AL 36849

JAY JACOBSAuburn University Athletics Department392 South Donahue DriveAuburn, AL 36849

RICH MCGLYNNAuburn University Athletics Department392 South Donahue DriveAuburn, AL 36849

'I 0

85

Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 85 of 86

Page 86: Sunny Galloway lawsuit

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DAVID BENEDICTUniversity of Connecticut Athletics Department2095 Hillside Road Unit 1173Storrs, CT 06269

SCOTT DUVALAuburn University Athletics Department392 South Donahue DriveAuburn, AL 36849

JEREMY ROBERTSAuburn University Athletics Department392 South Donahue DriveAuburn, AL 36849

86

Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 86 of 86


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