By Courtney L. Flowers
Nichole Moody, former Iowa State University (ISU) women’s basketball star filed a civil rights lawsuit in Polk County District Court against the State of Iowa, ISU, and ISU head women’s basketball coach William Fennelly. Moody, an African American, graduated from ISU in 2015 and competed on the women’s basketball team from 2011-2015. She was a four-year starter on the team, the Women’s Basketball Coaches Association (WBCA) All-Region Nominee and Honorable Mention All-American in 2015, and is ISU’s all-time leader in assists. Head coach, William Fennelly, a Caucasian, has coached at ISU since 1995. During his tenure at the institution, he accumulated over 500 career wins and averaged 22 wins per season in his 20 years with the Cyclones.
The lawsuit filed on April 15, 2016, seeks damages for race and retaliation discrimination that occurred while Moody was a member of the ISU women’s basketball team. According to the petition, Moody encountered frequent racial discrimination throughout her four years on the team. Specifically, Moody claimed she was frequently called a “thug” by Fennelly. The suit also makes mention of other African American team members who allegedly also received similar racial mistreatment by Fennelly.
In addition, the lawsuit makes mention of academic barriers inaugurated by the women’s basketball program, which prevented Moody from enrolling into ISU’s pre-veterinary program. According to the lawsuit, Moody expressed to her academic advisor Jeff Sessler her interests in enrolling in the pre-veterinary program. Sessler allegedly stated “most of our athletes do communications” and denied Moody’s academic major request. The plaintiff went on to cite she was given a “limited list of different majors” from Sessler and was told that the pre-veterinary program would be too difficult to manage along with her basketball responsibilities.
The lawsuit also makes a claim of retaliation discrimination. The Plaintiff alleged that Fennelly collaborated in getting her released from the San Antonio Stars. According to the lawsuit “Moody filed a complaint with the Iowa State University Office of Equal Opportunity against Fennelly. The next month, Nichole was cut by Fennelly’s ‘friend’ Dan Hughes, coach of the San Antonio Stars”. Moody was selected with the 33rd pick in the WNBA draft by the San Antonio Stars in 2015. She was later released from the team on May 28, 2015.
The plaintiffs’ specific claims
The plaintiff is being represented by Brooke Timmer and Nathan Borland of Fiedler & Timmer, P.L.L.C. who are seeking damages due to Moody’s civil rights violations. In the suit, they cited discrimination based on the following:
violation of Iowa Code Chapter 216 with respect to programs and activities conducted at the University;
violation of Iowa Code Chapter 216 with respect to race as a motivating factor in harassment and creation of a hostile environment;
complaints to Defendants about race discrimination and otherwise opposed practices made unlawful by Iowa Code Chapter 216; and
retaliation against Plaintiff because of her complaints and opposition to discrimination.
Moreover, they cited “As a result of Defendants’ illegal acts and omissions, Plaintiff has in the past and will in the future suffer damages, including but not limited to mental and emotional distress, fear, anguish, humiliation, intimidation, embarrassment, physical pain and suffering, lost enjoyment of life, lost wages, and employment benefits”.
ISU’s response to the lawsuit
Iowa State University released a statement specifying it ” takes issue with the allegations and looks forward to responding in full to the lawsuit as the legal process proceeds,”(Wilder, 2016). Moreover, the institution reported Moody made complaints to the athletic department and was referred to the university’s office of Equal Opportunity who “conducted a full investigation and was unable to substantiate the complaints of racial discrimination” (Wilder, 2016). Showing support of Fennelly the statement identified him as “passionate and demanding towards all players” (Wilder, 2016).
Fennelly expounded on this sentiment during a press conference. He stated to the media “I’m a passionate, emotional person because every day I am 100 percent committed, invested with the people I work with and work for and I will not apologize for that, but I am not the person I have been accused of being” (Cyclones.tv, 2016).
Fennelly also addressed his coaching style during the conference. According to Cyclones.tv (2016) he stated, “As a head coach I make decisions every day and every decision I make someone does like it, someone disagree with it and I get that, but I know the kind of person I am, the kind of coach I am.” The press conference ended with Fennelly stating he was looking forward to the case and the opportunity to share his side of the story.
#standbycoach
In support of Fennelly and ISU, the Cyclone community created the hashtag #standbycoach. Using social media Fennelly supporters shared their thoughts on the lawsuit and coaching style of William Fennelly. Lyndsey Fennelly, former Cyclone women’s basketball player, daughter-in-law of William Fennelly, and wife of Billy Fennelly, an Assistant Coach for the ISU women’s basketball program tweeted “Accountability, Responsibility, Respect, Charter. Taught me that and so much more!” (Birch, 2016).
Some African American players also publically shared their support of Fennelly. Former Cyclone college athlete, Nicole Blaskowsky showed support of Fennelly through using the hashtag #standbycoach. She tweeted, “Walked into coaches office, gave him a hug, & told him I got his back just like he’s always had mine” (Birch, 2016).
The Cyclones recruitment and treatment of African American players
In the lawsuit Moody claimed the ISU women’s basketball program created a racially hostile environment and due to this culture were disinclined to recruit any more African Americans to their team. According to the lawsuit, an assistant women’s basketball coach stated “This is the
first and last time we will have this many black people on the team.” Additionally, Moody alleged during a radio interview in 2015, Fennelly expressed that he would no longer be recruiting players from the South; Moody is a Texas resident.
Birch (2016) stated four ISU recruits are African American and despite the impeding legal allegations each still intends on joining the team. Though as more women’s basketball team members, most specifically the African American college athletes, refute or corroborate Moody’s claims of race discrimination, this could become a key component in the decision making process of other African American recruits committing to ISU’s women’s basketball program.
College athletes cited in the lawsuit speak
The lawsuit makes mention of a number of alleged racially motivated incidents that took place while Moody was on the Cyclone women’s basketball team. Some allegations are supported with citations of other team members receiving similar mistreatment or bearing witness to Fennelly’s discriminatory coaching style.
One example cited in the suit alleged Fennelly, referring to Moody stated “all she does is bitch”. The suit names Brynn Williamson as a witness to this incident. Brynn Williamson, an African American, tweeted “Being a cyclone for Coach Fen was the HARDEST most rewarding four years I could imagine…I begged to be an adult and he treated me like one. No one ever wants to be told they’re wrong or to fix something or be demanded of success but, doesn’t it say more when they say nothing at all and have given up? (Manderfeld, 2016).
Chelsea Poppins, a Caucasian player, was also cited in the suit for receiving preferential treatment on the team and being labeled as Fennelly’s favorite. Referring to Fennelly she tweeted “Wouldn’t be the person I am today w/o @ISUCoachFen Nobody pushes you to be a better person ON AND OFF the court more than him! #standbycoach” (Birch, 2016). However, Chassidy Cole’s statements directly correlated to the lawsuit.
In the suit, Moody alleged that Cole, an African American college athlete, was also demeaned by Fennelly. More specifically Moody claimed Cole was also called a “thug” by Fennelly and reportedly stated “Chassidy will end up in prison, just like her mother”. In response to this claim Cole stated in an interview “the staff hardly talked about her mother being in prison, and if the coaches brought it up, it was mostly positive” (Manderfeld, 2016). She further stated “I don’t feel like anything that Fennelly has ever said to me, I’ve never taken it as him being a racist or anything like that…. I’ve never been treated with racism, and I’ve never seen any of his players be treated with racism,” (Manderfeld, 2016).
Class action suit against Fennelly, ISU, and the State of Iowa?
Nate Boreland, one of the representatives for the suit, stated other players on the ISU women’s basketball team have supported the race discrimination allegation made by Moody. More specifically he stated “there are other players that have signed affidavits or who have confirmed with us that similar things and some cases even more directly racist comments were made” (Birch, 2016). Correspondingly, some Cyclones have already publically corroborated Moody’s claims of race discrimination. Cheyenne Shepard, former ISU women’s basketball college athlete, wrote a letter of support for Moody in the Des Moines Register.
Shepard, currently a lawyer in Indiana, stated she never met Moody, but played for Fennelly from 1995 to 1997. In the letter Shepard identifies herself as Cuban and states “I was assuredly not a favorite of Fennelly….. I was demeaned, berated, and embarrassed in front of others; he called me names and tried to make me feel worthless” (Shepard, 2016). Shepard (2016) further stated “I don’t know if Fennelly is racist in the conventional sense, but I do know if you are not a favorite, he has no compunction about attacking you in racial terms”. She ends the letter by stating “there are others, like me, who have had a very different experience with Fennelly. Please consider, before you attack Moody for what I’m certain you don’t understand, there may only be truth and no lies” (Shepard, 2016).
Shepard’s sentiments for Fennelly were shared by Dick Haws in an article also written in the Des Moines Register. Haws, a retired ISU journalism professor, spoke of an article he had previously written in response to Fennelly’s treatment of his college athletes. Haws reported that Fennelly publically “berated and humiliated” an athlete during a game and the player later quit the team. Moreover, in the article titled “It’s time for ISU’s Fennelly to go” Haws stated he received a letter in support of his article from a former Cyclone. In the letter the undisclosed former college athlete stated her remorse for not addressing Fennelly’s questionable behavior.
In an interview with the Ames Tribune, Brooke Timmer, another representative in the lawsuit stated Moody attempted to resolve her grievances during meditation in January however the sessions were unable to resolve the dispute. Timmer, of Fiedler and Timmer P.L.L.C., reported the objective of the lawsuit is to evaluate the women’s basketball program at ISU and to disclose “how the people heading the program are treating minorities” (Manderfeld, 2016). Timmer said, “First and foremost, our goal is that no one else goes through this, that no one else has to experience that discrimination or harassment” (Manderfeld, 2016).
Courtney L. Flowers, Ph.D. is a professor of Sport Management at Texas Southern University. Her scholarship encompasses racial injustice of African American, female college athletes and risk management policies and practices of Historically Black Colleges and Universities.
References
Birch, T. (2016, April 16). Iowa State recruits unswayed by lawsuit against Bill Fennelly. Retrieved from, http://www.desmoinesregister.com/story/sports/college/iowa-state/basketball-womens/2016/04/27/iowa-state-recruiting-bill-fennelly-nikki-moddy-lawsuit-allegations/83396474/
Birch, T. (2016, April 19). ISU, former players push back against Moody’s allegations. Retrieved from, http://www.desmoinesregister.com/story/sports/college/iowa-state/cyclone-insider/2016/04/18/iowa-state-nikki-moody-bill-fennelly-big-12/83209390/
Cyclones.tv (2016, April 29). Bill Fennelly Media Conference Opening Statement: April 29, 2016. Retrieved from, https://www.youtube.com/watch?v=FILjUyeubeQ
Goodwin, C. (2016, April 18). Women’s Basketball: Moody’s lawyers calls alleged conduct at ISU “upsetting”. Retrieved from, http://amestrib.com/sports/women-s-basketball-moody-s-lawyers-calls-alleged-conduct-isu-upsetting
Haws, D. (2016, April 19). It’s time for ISU’s Fennelly to go. Retrieved from, http://www.desmoinesregister.com/story/opinion/columnists/iowa-view/2016/04/19/s-time-isus-fennelly-go/83235970/
Manderfeld, L. (2016, April 18). Chassidy Cole denies altercation with Bill Fennelly; former players support. Retrieved from, http://www.iowastatedaily.com/news/article_ab91880a-05d4-11e6-884b-dfb472d1c73e.html
Manderfeld, L. (2016, April 19). Former basketball player Nikki Moody’s lawyer clarifies court proceedings. Retrieved from, http://www.iowastatedaily.com/sports/womens_basketball/article_ce41120c-065c-11e6-b1c6-cf4acfa12a58.html
Murphy, K. (2016, April 18). Former Cyclones Standing by Fennelly Following Lawsuit. Retrieved from, http://whotv.com/2016/04/18/former-cyclones-standbycoach-fennelly-on-social-media/
Shepherd, C. (2016, April 20). Ex-player: I was the target of Fennelly’s meaness, too. Retrieved from, http://www.desmoinesregister.com/story/opinion/columnists/iowa-view/2016/04/20/cheyenne-shepherd-bill-fennelly-nikki-moody-iowa-state/83301328/
Wilder, N. (2016, April 18). Iowa State University Releases Statement in Response to Nikki Moody Lawsuit. Retrieved from, http://whotv.com/2016/04/18/report-iowa-state-womens-basketball-coach-accused-of-racial-discrimination-in-lawsuitreport-iowa-state-womens-basketball-coach-accused-of-racial-discrimination-in-lawsuit/
Zillis, A. (2015, February 28). Women’s Basketball: After years of conflict how Moody, Fennelly worked to make her ISU’s go-to player. Retrieved from, http://amestrib.com/sports/women-s-basketball-after-years-conflict-how-moody-fennelly-worked-make-her-isu-s-go-player
