Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 1 of 86 IN THE UNITED STATES DISTRI4Rj D FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN Ii)IVISIO][b MAY 2L P 1: 53 SUNNY W. GOLLO WAY, ) DEBRA P. HACET1. C L K U.S. DISTRICT COURT ) IDDLE DISTRICT ALA PLAINTIFF, ) ) V. ) CASE NO.: 31 -cJ- ) THE BOARD OF TRUSTEES OF ) AUBURN UNIVERSITY; JAY JACOBS,) in his official and individual capacities as ) Director of Athletics at Auburn University; ) DAVID BENEDICT, in his then-official ) JURY TRIAL DEMANDED and 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, ) ) DEFENDANTS. ) COMPLAINT 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 2 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: OVERVIEW 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 an email or a Tweet of congratulations to Coach Golloway when it was announced that Golloway had put together a Top Ten recruiting class. ) Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 3 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 division. 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 3 Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 4 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. PARTIES 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 Baseball Coach. 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 4 Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 5 of 86 capacities. 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 individual capacities. 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 5 Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 6 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 Golloway had only one minor NCAA issue with two players who were out practicing with coaches on a day when they were supposed to be off in violation of NCAA rules. John Gray, his ace pitcher and the first player picked by the Colorado Rockies, had already pitched in the rotation. Coach Golloway did not travel him to TCU for a game, not wanting to take him out of academic classes for a road trip in which games he would not play. He did need, however, to throw a bullpen on his normal day. Coach Golloway was unaware of the rule that a player cannot practice on a game day. Coach Golloway found out that Gray was not supposed to throw a bullpen while the team was traveling, and self-reported the infraction. That was his sole brush with NCAA compliance in his twenty-four years of NCAA coaching - - prior to the frame job at Auburn. I 'S Case 3:16-cv-00375-CSC Document 1 Filed 05/24/16 Page 7 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.