sunny galloway lawsuit
Post on 09-Jul-2016
Embed Size (px)
DESCRIPTIONWARNING: Language may be inappropriate for some readers
IN THE UNITED STATES DISTRI4Rj DFOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN Ii)IVISIO][b MAY 2L P 1: 53SUNNY W. GOLLO WAY, )
)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, )
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:
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
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
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.
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
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 4 of 86
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
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
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
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
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
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
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
NCAA Super Regionals
College World Series
MLB Draft Picks
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 8 of 86
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.
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
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.
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".
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.
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....
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".
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
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".
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?
41. David Benedict, at all times material herein, was the Auburn University
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
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
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
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
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.
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
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
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.
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
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
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
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
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 21 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 22 of 86
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.
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.
"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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 23 of 86
being cleated by compliance;
3. Denied the Observation of student-athletes
participating in athletically related activities prior to being
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
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 24 of 86
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 25 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 26 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 27 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 28 of 86
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
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
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 29 of 86
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 30 of 86
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
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,
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 31 of 86
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
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 32 of 86
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 33 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 34 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 35 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 36 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 37 of 86
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?"
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 38 of 86
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 39 of 86
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,
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 40 of 86
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
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 41 of 86
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
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."
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 42 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 43 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 44 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 45 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 46 of 86
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 47 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 48 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 49 of 86
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 50 of 86
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.
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
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.
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 51 of 86
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 52 of 86
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
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
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 53 of 86
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 188.8.131.52.3
Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 54 of 86
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
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
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