sunny galloway lawsuit

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IN THE UNITED STATES DISTRI4Rj D FOR 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 K U.S. DISTRICT COURT IDDLE DISTRICT ALA CASE NO.: 31 -cJ- DAVID BENEDICT, in his then-official ) JURY TRIAL DEMANDED and 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 Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 1 of 86

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  • IN THE UNITED STATES DISTRI4Rj DFOR THE MIDDLE DISTRICT OF ALABAMA

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

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 1 of 86

  • 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.

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 2 of 86

  • 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

    )

    3

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 3 of 86

  • 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

    4

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 4 of 86

  • 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

    5

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 5 of 86

  • 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.

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 6 of 86

  • 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

    7

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 7 of 86

  • 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.

    8

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 8 of 86

  • 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.

    El Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 9 of 86

  • 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.

    10

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 10 of 86

  • "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 Glloway 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

    11

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 11 of 86

  • 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".

    12

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 12 of 86

  • 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".

    13

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 13 of 86

  • 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

    14

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 14 of 86

  • 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

    15

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 15 of 86

  • 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.

    16

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 16 of 86

  • 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

    17

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 17 of 86

  • 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.

    18

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 18 of 86

  • 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.

    19

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 19 of 86

  • 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

    20

    Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 20 of 86

  • 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

    'ii

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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

    OX

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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

    23

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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;

    24

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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.

    25

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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 -

    26

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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

    27

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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

    28

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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

    29

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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.

    30

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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,

    31

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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

    32

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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.

    33

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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.

    34

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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

    35

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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

    I1

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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

    37

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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.

    39

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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,

    40

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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.

    41

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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.

    45

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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.

    riri

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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 Gollway 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

    48

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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

    49

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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

    51

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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

    52

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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

    53

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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

    54

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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