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Words scarce after lawsuit

In wake of Vivas trial, many stay tight-lipped.

Sunday, Jul. 15, 2007 | 07:18 AM

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In the aftermath of a discrimination suit that cost Fresno State millions of dollars in damages, the university remains largely silent.

Many involved, directly or indirectly, in the trial of former women's volleyball coach Lindy Vivas either didn't return calls or offered a no comment.

But current women's volleyball coach Ruben Nieves, softball coach Margie Wright and a handful of jurors did speak out.

"It's just been a lot of negative publicity we've been dealing with and that's not fun," said Nieves, referring to the fallout from the 18-day trial that included controversial testimony about the university's attitudes toward women and lesbians.

"We, as an athletic department, keep trying to do a good job but get slammed again and again."

Added Wright: "Clearly, a statement was made in this case that people should be treated fairly and equitably across the nation. And if there's a lesson learned, I think it's that you always want to treat people the way you'd want to be treated."

Vivas was awarded $5.85 million, nearly $2 million more than she sought, because a jury determined Fresno State did not renew her contract in 2004 in retaliation for her advocacy of gender equity and perceived sexual orientation.

Most of the nine women and three men on the jury who were contacted declined to comment. Some cited fear of retaliation from the university.

"Fresno State has enough pull in this town to have me worried," said one juror who wished not to be identified.

Some coaches and school officials expressed concerns about commenting with the university planning to appeal and two similar suits scheduled in the fall -- one filed by former associate athletic director Diane Milutinovich and the other by former women's basketball coach Stacy Johnson-Klein.

Past and present Fresno State employees are again expected to take the stand, with more dirty laundry and accusations to be heard.

"In light of the pending appeal and two other trials, I think it'd be inappropriate to comment right now," athletic director Thomas Boeh said.

California State Chancellor Charles B. Reed would not publicly comment when asked about the case at a trustees meeting last week, when the trial was discussed in closed session. But he did give strong support to Fresno State president John Welty.

Later last week, a State Senate committee was formed as a result of the verdict to look into gender discrimination issues at California universities.

Caught in the crossfire

So why did Nieves and Wright decide to talk?

Nieves admits his program has been caught in a crossfire over the past three years.

Nieves was the benefactor when Fresno State decided not to renew Vivas' contract. Nieves was the last hire made by former athletic director Scott Johnson, who was portrayed during the trial as the primary adversary to Vivas.

But Nieves also has paid the price for succeeding Vivas and inheriting a team that remained loyal to the previous coaching staff. In 2005, three players who played under Vivas either quit or were kicked off the team.

Now, with the Vivas trial decided, Nieves deals with the lingering effects.

Wearing a polo shirt that reads Fresno State volleyball, Nieves points to the logo while speaking.

"We have honest, good people in the department," Nieves said. "However, when many in the community see this shirt right now, they're asking, 'Is Ruben Nieves an honest, good man?'

"Because of what has happened recently and because of all the negative publicity, people are questioning our integrity. So we have to work harder than ever before to stay the course ... and get this community to understand there are great things happening here."


The reporter can be reached at banteola@fresnobee.com or (559)441-6362.

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