At UMD: Another Case of Sex Discrimination Targeting a Female Coach or Female Coach Sexual Misconduct?

Aug 31, 2018

Ellen J. Staurowsky, Ed.D., Senior Writer and Professor, Sport Management, LeBow College of Business, Drexel University, ejs95@drexel.edu
 
In a lengthy letter published by an ABC News affiliate on August 20, 2018, University of Minnesota Duluth (UMD) head women’s cross-country and track and field coach Joanna Warmington announced her resignation. In the letter, Warmington describes a work environment where compliance with NCAA rules and Title IX legal requirements were ignored or not prioritized. She also painted a picture of the UMD administration as acting on a preordained decision to remove her as a head coach, using alleged misconduct allegations as a pretext to force her departure from the athletic department and University.
 
Warmington’s Coaching History at UMD
 
Joanna Warmington was hired as a member of the UMD women’s cross-country and track coaching staff in 2008 as an assistant coach (Staff, 2010). In 2010, Warmington was promoted by UMD into the head coach position.
 
The women’s cross-country team under Warmington’s direction competed favorably at both the regional and national levels. During the decade between 2008-2009 and 2017-2018, the UMD women’s cross-country team qualified for eight NCAA Division II championships, coming in third in the nation in 2014. The team also captured two NCAA Division II Central Region titles and two Northern Sun Intercollegiate Conference (NSIC) titles. Six different runners received All-American honors while two held individual NSIC individual titles and two became NCAA Division II regional champions.
 
The track and field program also realized success, earning one indoor and one outdoor conference championship. Athletes who ran for Warmington earned 29 NCAA All-American honors in indoor and outdoor track and field, with individual runners being recognized with athlete of the year awards from the USTFCCCA Central Region and NSIC in both indoor and outdoor track.
 
In 2013 and 2014, the U.S. Track and Field and Cross-Country Coaches Association (USTFCCCA) recognized Warmington as Division II Central Region Coach the Year (“DII cross country…”, 2018). She was also honored as coach of the year by NSIC in 2013 and 2015 (UMD Staff, 2018).
 
Warmington’s Account of Events Leading Up to Her Resignation
 
On March 28 of this year, Warmington alleges the University made the decision to place her on leave, informing her at that time that the University had received complaints from athletes about her coaching behavior. By Warmington’s account, the investigation process as conducted by UMD’s Equal Opportunity and Affirmative Action (EOAA) Office failed to afford her due process by denying her access to specific allegations until she had been interviewed three times and after a total of 32 witnesses were interviewed.
 
Based on Warmington’s (2018b) perception, she concluded through the investigation process that “…it became clear that UMD was coordinating an effort through my supervisor, the Men’s Head Coach for Cross Country and Track and Field, and our shared assistant coaches (all males) to remove me from my position as Head Coach” (para 3). She further stated that the manner in which the University handled the matter, erroneously telling the team that the leave of absence was voluntarily taken rather than imposed by them, led to the athletes feeling anger towards her for having abandoned them. The announcement also allowed for the male coaches and team members to discuss the case among themselves and to compare stories.
 
She challenges the independence of the investigation, describing it as more of an exercise in finding information to bring to bear in coercing her to resign rather than an attempt to develop a full and complete record of her coaching and her relationship with her team. By way of evidence to support her belief that Josh Berlo, the UMD athletic director, and other administrators had a predetermined outcome in mind prior to the start of the investigation, she cited an instance where the administration’s intervention in a coaching decision effectively violated NCAA rules and undermined her authority. She also noted that an alleged promise in the proposed settlement agreement offered to her by Berlo to keep the content of the investigation secret if she quietly left was further indication that her acquiescence was expected and was predetermined.
 
UMD’s Investigation & Findings Re: Warmington’s Alleged Misconduct
 
While Warmington’s letter offered broad challenges to UMD’s decision, it did lack some specific details regarding the alleged misconduct her athletes complained about. Following the publication of her letter, a copy of the University’s investigative report was obtained by a reporter from the Duluth News Tribune (St. George, 2018a). According to that report, five athletes submitted an initial document outlining their concerns to the athletic department in February of this year and resubmitted it again on March 16th.
 
Following the investigation, the University’s EOAA Office found that Warmington had violated UMD’s sexual harassment policy because her alleged conduct was not only unwelcome but “… was unsolicited, made multiple student-athletes feel uncomfortable, and taken together, created an unwelcome sexualized environment in which some student-athletes felt compelled to tolerate unwanted conduct of a sexual nature in order to maintain a positive relationship with their coach” (St. George, 2018a, para. 3). The report further detailed a conclusion that the coach’s behavior created a “…sexualized, hostile and offensive environment” (St. George, 2018a, para. 5).
 
In a press release issued by the University shortly after Warmington’s resignation letter was published, officials stated that the details of the investigation were private, “However, we can say that complaints were made to the University, and a thorough investigation was conducted by an outside law firm”. The University went on to highlight a strong institutional commitment to “providing athletic programs of excellence in compliance with all Title IX and NCAA requirements” (St. George, 2018a).
 
Public records requests from the Duluth News Tribune about Warmington did reveal that previous athletic director Bob Nielsen and current AD Berlo had cautioned her about NCAA secondary violations in 2012 and 2014. She also received a verbal warning from a UMD associate AD in April of 2017 after an athlete alleged that the coach may have grabbed or pushed her. In that instance, there was a determination that there was not enough evidence to either confirm or dispute what had gone on (St. George, 2018a).
 
Parallels to Personnel Actions Taken Against Other UMD Female Coaches
 
Asked by the Duluth News Tribune about the sexual harassment allegations, Warmington indicated in an email response that some of her comments were misconstrued as “sexual in nature, even if it was innocent” (St. George, 2018a, para. 14). About telling one athlete that she had beautiful legs, Warmington wrote, “Meaning they were toned and powerful and would serve her well as we discussed what types of events were best for her physique and training” (St. George, 2018a, para.15). She also pointed to an email she sent the team this summer with an inspirational text message taken at the end of a run she had made, where she was wearing running attire and a sports bra. She noted, “This picture was cited as an example of a ‘sexual picture’ just because I was wearing my running bra…My student-athletes always run in their running bras in the summer and there is no difference between me doing so and them — this is normal summer running attire for women” (St. George, 2018a, para. 16).
 
While the findings from the report, incomplete as they are, may justify the University’s actions in offering Warmington a settlement agreement, those familiar with UMD’s track record regarding treatment of female coaches may find that Warmington’s concerns echo those of former women’s head ice hockey coach Shannon Miller as well as Annette Wiles, former women’s basketball coach, and Jen Banford, former assistant women’s ice hockey coach and head women’s softball coach. All three sued UMD after facing sexual and sexual orientation discrimination. In the aftermath of that federal lawsuit, a jury found that UMD had engaged in sex discrimination against Miller and determined that Miller was owed $3.74 million in damages for lost wages and emotional distress (Olsen, 2018). When interviewed about the Warmington resignation, Miller said that the reasons given by her former colleague sounded very similar to her own. She went on to say, “It smells. It smells real bad” (Warfield, 2018, para. 1).
 
Public Statements That Might Help or Hurt Warmington
 
In a poignant twist in this case, in response to the lawsuit filed by the three UMD female head coaches — Miller, Wiles, and Banford — back in 2015, Warmington participated in two public statements seemingly supportive of UMD athletic director Josh Berlo and denying that female coaches and their teams suffered from gender discrimination. In a letter addressed to the Duluth News Tribune from 11 head coaches in the UMD athletic department in October of 2015, including Warmington, the staff expressed pride in working there and offered “overwhelming” support for Berlo’s leadership. They went on to write that “The University and Athletic Department culture and environment are both professionally and personally rewarding, committed to equity, healthy and supportive with regard to co-workers, supervisors, and overall leadership” (Collins, 2015, para. 7).
 
On March 19, 2018, just three days after the jury verdict vindicated Shannon Miller in her lawsuit against UMD, Warmington penned an op-ed taking issue with the outcome of the trial and proclaiming once again that she was proud to work at UMD. She went further in writing “Discrimination can be viewed in many ways; reverse discrimination is just as negative and hurtful, and making claims where none exists is toxic” (Warmington, 2018, para. 6).
 
In her resignation letter, Warmington’s characterizations of the work environment she was in took on a decidedly different cast. Offering an explanation to Miller, Wiles, and Banford for her letter to the editor following the verdict, she writes that the staff had been encouraged to provide expressions of support for Berlo and the administration. Warmington (2018b) stated, “I was intimidated while standing in front of other employees and felt I must comply. I was gravely concerned that my student-athletes would lose their ability to compete if my program would have to be cut in order to fund the cost of the jury verdict, and I would also lose the job that I love” (para. 13).
 
About this contradiction that seemingly undermines the integrity of Warmington’s position, Shannon Miller commented that Warmington’s op-ed “wasn’t Joanna”. Miller stated, “When I saw that, I knew exactly what was going on and really never gave it a second thought” (Warfield, 2018, para. 11). Miller also affirmed that the concerns expressed in Warmington’s resignation letter were not surprising because Warmington had sought her counsel when she was still employed at UMD. Miller said, “I know how she was being treated. I know how her program was being treated and the things she was saying to me were very consistent with how I was being treated…” (Warfield, 2018, para. 14).
 
Concluding Thoughts
 
This case raises a number of questions that require further information to explore. Was this case about a female head coach who abused her position and created a hostile sexual environment that became intolerable for some members of her teams? Or was the effort to investigate this female head coach tainted by a desire to drive her from the University using the pretext of claims that were defamatory, reputationally damaging, and emotionally distressing? What would compel UMD, a university and its administrators who had just been found guilty of engaging in sex discrimination in the treatment of a female coach and made to pay $3.74 million in damages to wander down the path of repeating such conduct, especially in light of the fact that the University is still facing further litigation from that case? It is possible that the next development in this case may be a lawsuit. In her resignation letter, Warmington (2018) reported that she had been in contact with several nationally recognized law firms.
 
References
 
Collins, B. (2015, October 2). UMD coaches back A.D. in discrimination suit. Minnesota Public Radio. Retrieved from https://blogs.mprnews.org/newscut/2015/10/umd-coaches-back-a-d-in-discrimination-suit/
 
Collins, B. (2018a, August 20). Update: Report alleges sexual misconduct by UMD coach. Duluth News Tribune. Retrieved from http://www.duluthnewstribune.com/news/4488116-update-report-alleges-sexual-misconduct-umd-coach
 
Collins, B. (2018b, August 21). UMD, coach in sexual misconduct controversy. Minnesota Public Radio. Retrieved from https://blogs.mprnews.org/newscut/2018/08/umd-coach-in-sexual-misconduct-controversy/
 
“DII cross country region coach of the year history”. (2018, March 29). Retrieved from http://www.ustfccca.org/ustfccca-awards/dii-cross-country-region-coach-of-the-year-history
 
Olsen, T. (2018, March 15). ‘A big day for women’: Jury sides with Miller, orders UMD to pay $3.74 million”. Duluth News Tribune. Retrieved from http://www.duluthnewstribune.com/news/crime-and-courts/4418059-big-day-women-jury-sides-miller-orders-umd-pay-374-million
 
St. George, L. (2018a, August 20). Update: Report alleges sexual misconduct by UMD coach. Duluth News Tribune. Retrieved from http://www.duluthnewstribune.com/news/4488116-update-report-alleges-sexual-misconduct-umd-coach
 
St. George, L. (2018, August 22). Report alleges sexual misconduct by UMD coach. Minnesota Public Radio. Retrieved from https://www.mprnews.org/story/2018/08/21/report-alleges-sexual-misconduct-umd-coach-warmington
 
Staff. (2010, August 4). Nisius leaves UWS for UMD. Star Telegram. Retrieved from http://www.superiortelegram.com/sports/1943203-nisius-leaves-uws-umd
 
UMD Staff. (2014). Few minutes with…Joanna Warmington. Retrieved from https://www.youtube.com/watch?v=sar9Obq2hFc
 
UMD Staff. (2018). JoannaWarmington bio.
 
Warfield, B. (2018, August 22). Shannon Miller responds to Warmington resignation.
 
Warmington, J. (2018, March 19). Local view: After UMD-Miller verdict, still proud to be a bulldog. Duluth News Tribune. Retrieved from http://www.duluthnewstribune.com/opinion/columns/4419566-local-view-after-umd-miller-verdict-still-proud-be-bulldog
 
Warmington, J. (2018, August 20). Joanna Warmington’s full statement. Retrieved from https://www.wdio.com/sports/joanna-warmington-resignation-statement/5038808/


 

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