MSU and Sheehan agree on out-of-court settlement

11/27/2001 BOZEMAN--Helena – Montana State University and its former women’s basketball coaches, Tracey Sheehan and Jeff Malby, have reached an out-of-court settlement in a civil suit brought by Sheehan and Malby against the university, MSU officials said today.

University officials said the settlement calls for a $225,000 lump sum payment that will be divided among Sheehan, Malby and their attorney.

"This closes a difficult chapter for Bobcat Athletics,” said MSU President Geoff Gamble, who came to the university long after the suit had been filed. “The university can now focus on the important issues that it faces without the distraction involved in this litigation.”

The agreement resolves two separate lawsuits filed in federal court in 2000 and related administrative discrimination claims filed with the Montana Human Rights Division by Sheehan and Malby. They alleged wrongful discharge as well as gender discrimination in pay and overall operation of the MSU women’s basketball program. An expert hired by Malby and Sheehan valued their damages at $1 million each.

The university discharged Sheehan and Malby in November 1999 for violation of NCAA rules and mistreatment of players.

Leslie Taylor, MSU’s legal counsel, said while the decision to agree to a settlement was difficult, the university ultimately concluded that settlement was in the best interest of MSU.

She said the university was facing the possibility of a three-week trial in federal court and a subsequent administrative hearing before the Montana Human Rights Hearing Examiner.

“In light of the substantial costs that would have been expended in litigating this matter, and additional costs that would have been necessary to obtain a final resolution, the university agreed to settlement at this time,” Taylor said. She added the expenses would have been compounded by traveling fees for key witnesses for the university who have moved on to new positions in other states.

Sheehan is now living in Indiana and Malby in Wisconsin. Neither are currently involved in college coaching.

Send questions or comments to Carol Schmidt: cschmidt@montana.edu. Or you can send letters to Carol Schmidt, MSU Communications Services, 416 Culbertson Hall, Bozeman, MT 59717.

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