Fourth Circuit Throws Out Sexual Harassment Claim Involving College Coach

Via the Alliance for Justice’s blog, Full Court Press:

Re: Jennings v. University of North Carolina, 4th Cir. No. 04-2447 (April 11, 2006).

“Last Tuesday, Fourth Circuit Judge Karen Williams and District Court Judge James Dever (sitting by designation) joined in a split, 2-1 decision to throw out a claim of pervasive coach-on-player sexual harassment without giving the aggrieved college student a chance to take her case to a jury. …

“On an almost daily basis, Anson Dorrance, coach of the University of North Carolina’s women’s soccer team, asked a different player – in front of the rest of the team – “‘Who [her] f*** of the minute is, f*** of the hour is, f*** of the week [is],’ whether there was a ‘guy [she] ha[dn’t] f***** yet,’ and whether she ‘got the guys’ names as they came to the door or whether she just took a number.'” He routinely commented on players’ “nice legs,” “nice racks” and “breasts bouncing.” Among other things, Dorrance also asked one player if she “was going to have sex with the entire lacrosse team,” advised another to “keep [her] knees together; you can’t make it too easy for them,” inquired of another whether she was going to have a “shag fest” with her boyfriend, and told the trainer within earshot of team members that he fantasized about having “an Asian threesome” with his Asian players. Because Dorrance was the most successful coach on the most successful women’s soccer team in college history, the power he implicitly wielded over his players to stifle protest against his behavior was “tremendous.” He “controlled everything,” observed dissenting Judge Blaine Michael (pg. 39).”

“Dorrance’s sexually explicit comments brought some teammates to tears, left others disgusted and made Melissa Jennings, one of two plaintiffs (the other – a team captain – settled), feel “uncomfortable, filthy and humiliated,” not to mention anxious about the possibility Dorrance would directly target her. Which, ultimately, he did.”

“Note: It’s particularly interesting that, though they discounted the severity of the intrusive sexual profanities Melissa Jennings was forced to deal with, Judges Dever and Williams chose to use asterisks when quoting Coach Dorrance’s language. Too harsh to be read, but not harsh enough to have a serious real world impact?”

(Click here to find out more)

–Stephanie Farrior