10 iL 12 13 14 16 7 18. 19 20 2 22 23 24 25 FILED MAR 02 2018 Jie 2. MELOHeL WHITHAN COUNTY CLERK SUPERIOR COURT, STATE OF WASHINGTON COUNTY OF WHITMAN ZAIRE WEBB, an unmarried individual, CaseNoG 8 2 00055 38 COMPLAINT FOR DAMAGES Plaintiff, vs. WASHINGTON STATE UNIVERSITY, MICHAEL C. LEACH, ANDREW LEHR, KAREN FISCHER, and KELLY MYOTT- BAKER, all in their individual capacities only, Filing Fee: $240.00 Defendants. Plaintiff Zaire Webb, by and through his attomeys of record, Campbell & Bissell, PLLC, hereby alleges as follows: L PARTIES AND JURISDICTION 1. Plaintiff Zaire Webb is an 18-year-old individual who was formerly a matriculated student at Washington State University (“WSU”). 2. Defendant Washington State University is, and was at all relevant time, an institution of higher education existing pursuant to the laws of the State of Washington, located in Pullman, Washington. COMPLAINT FOR DAMAGES - 1 CB | LAWYERS CAMPOEL & BISSELL PLLC CovbeAspray Hovse 520 W, Pr Avene Spokane, WA 99204 509.435.7100 (ove) 08858.7111 Fassia10 u 12 4 15 16 17 18 19 20 21 2 23 24 25 3. Defendant Michael Leach is, and was at all relevant times, the head football coach at WSU. Mr. Leach also has a Juris Doctorate degree from Pepperdine University School of Law. Mr. Leach is being sued in his individual capacity only. 4, Defendant Andrew Lehr is, and was at all relevant times, the Senior Financial Aid Advisor, Student Financial Services for WSU and a member of the Appeals Committee. 5. Defendant Karen Fischer is, and was at all relevant times, the Associate Dean of Students, Office of the Dean of Students for WSU and a member of the Appeals Committee. 6. Defendant Kelly Myott-Baker is, and was at all relevant times, the Assistant Director, Office of Admissions for WSU and a member of the Appeals Committee. 7. The facts giving rise to this Complaint occurred in Pullman, Washington. 8 All claims and parties are subject to the jurisdiction of this Court. T. FACTUAL ALLEGATIONS 9. Plaintiff Webb re-alleges the foregoing allegations as if fully set forth herein. 10. Prior to the fall 2017 semester, Mr. Webb matriculated at WSU and became a member of the WSU men’s college football team, which competes at the NCAA Division 1 level and is a member of the Pacific-12 conference. 11. Inorder to induce Mr. Webb to attend WSU, WSU provided Mr. Webb with an_ athletic scholarship. 12. Since the 2015-2016 academic year, the Pacific-12 conference and its member schools, including WSU, guarantee athletic scholarships for no less than four years for student-athletes in all sports, provided the student-athlete remains in good standing and meets his or her terms of the agreement. Similarly, student-athletes who leave school before COMPLAINT FOR DAMAGES - 2 CB] LAWYERS CamPoste & aisseue | PLLC Certara House 20 W. Pave Spokane, WA 9204 505.485 7100 (Phone) 5094557111 (aside10 u 12 13 14 15 16 7 18 19 20 21 2 23 24 25 graduating aro able to use the remainder of their educational expenses later to earn their degrees, and any medical expenses for student-athletes who are injured during their college athletic careers will be covered for up to four years after a student-athlete leaves the institution. 13, The Pacific-12 conference and its member schools, including WSU, allow all student-athletes who transfer between Pacific-12 institutions to receive athletic scholarships immediately. 14, Mr, Webb had a property interest in his athletic scholarship. 15. On October 4, 2017, Mr. Webb entered a Wal-Mart store in Pullman, Washington with teammate Anthony White. Mr. White placed various items of merchandise into his shopping cart and proceeded to the self-checkout register. Mr. White then began bagging various items of the merchandise and placing them into his shopping cart without scanning such items. 16. While exiting the Wal-Mart store, a loss prevention associate contacted Mr. White and Mr. Webb. The loss prevention associate temporarily detained the two individuals and contacted the Pullman Police Department. 17. Officer Aaron Breshears responded to the Wal-Mart store and eventually issued misdemeanor citations to Mr. White and Mr. Webb for violations of RCW 9A.56.050, theft in the third degree. 18. The following day, October 5, 2017, Mr. Leach dismissed Mr. Webb from the WSU Football team and revoked Mz. Webb's financial aid effective at the end of the 2017 fall semester. ‘COMPLAINT FOR DAMAGES - 3 CB LAWYERS CAMPHELL & aISSELL | PLLC Conbe-speay Howse 220 W.Peavewe Spokane, WA 9208 5094557100 (Pho) 509455711 (aes)10 ul 12 13 4 15 16 7 18 19 20 21 22 23 24 25 19, Mr, Webb's dismissal and financial aid revocation action by Mr. Leach was taken without notice to Mr. Webb and in contradiction to the policies of WSU. 20. Mr. Webb's dismissal was contrary to the WSU Student-Athlete Handbook (‘The Handbook") which provided: “In the case of behavioral problems which involve formal criminal charges by a law enforcement agency, the involved student-athlete will be placed on suspension by the department of athletics until the facts of the incident are reviewed.” 21. The Handbook also provided: “Absent extraordinary circumstances as determined by director of athletics and sport supervisor, misdemeanor charges and subsequent discipline, therefore will be handled by the head coach, after review by the director of athletics and sports supervisor. Further, these individuals will consider the circumstances, as. well as the past deportment of the involved student-athlete in rendering a final decision.” 22. The Handbook also stated: “Indefinite suspensions can be instituted in any felony or misdemeanor case where an individual’s actions represent Washington State University and its athletics program in a manner inconsistent with this code of conduct. Each case will be reviewed by the director of athletics, the sport supervisor and specific head coach independent from any other case, taking into account that no two cases are identical in nature ‘and that each case must be determined based upon the fects presented.” 23. On October 9, 2017, Joy Scourey, Senior Associate Director of Student Financial Services for WSU wrote to Mr. Webb and stated, “This letter is to inform you that your athletics grant will be cancelled as of January 1, 2018. If you feel that the cancellation of your aid is unfair or unjustified, you have the right to request a hearing, as provided by COMPLAINT FOR DAMAGES - 4 CB|LAWYERS CAMPBELL & BISSELL | PLLC Comes Howse £20 Wr Paveme sot, wa 924 509.455 7100(Phoie) 9.485 7111 Facsimile10 nt 12 14 15 16 17 1g, 19 20 21 23 24 25 [NCAA regulations, To make this request, contact Melissa Christensen in the Compliance Office by October 19, 2017 and an appeals hearing will be scheduled for you.” 24, Importantly, the leter from Ms. Scourey did not provide nor inform Mr. Webb that he could appeal Mr. Leach's unilateral decision to dismiss Mr. Webb from the football team, ‘The letter also failed to provide notice to Mr. Webb for the basis of his dismissal from the football team and revocation of his athletic scholarship. 25. On October 10, 2017, Mr. Webb signed a Student-Athlete Appeal Petition Form stating that he was “appealing the decision to cancel my financial [aid] due to an unfeir rush to judgement. I was wrongly arrested for a theft that has since been dismissed. 1 have attached supporting documentation, 1 am requesting a hearing based on new evidence.” 26. Mr. Webb’s student-athlete appeal was subject to NCAA Rule 15.3.5.1 which provides for review in front of an Appeals Committee which consisted of three staff members from student service departments, 27. The Appeals Committee had two options for action: (1) if the financial aid appeals committee finds that the decision to reduce, cancel, or not renew is not a violation of the rules, regulations or institutional policies and no extenuating circumstances are present, the appeal is immediately denied; or (2) Ifthe financial aid appeals committee finds that the decision to reduce, cancel, or not renew aid is a violation of the rules, regulations and institutional policies, the appeal is immediately approved. The financial aid is then made available o the student as soon as possible 28. The Appeals Committee's decision was final. 29. Mr. Webb's student-athlete financial aid appeal hearing was conducted on November 1, 2017, The hearing failed to satisfy basie due process requirements, COMPLAINT FOR DAMAGES - 5 CBI LAWYERS cameaeue & eisse4s | Lic Corbersapay Hote E20W, Avenue Spokane, WA 99205 505455 1100 (Phone) sins. (esi10 12 13 14 15 16 17 18 19 20 2 22 4 25 30. The Appeals Committee reviewed Mr. Webb’s appeal statement which contained no substantive information regarding the basis of his appeal and a written statement by Mr. Leach (“Leach’s Statement”). 31. Leach’s Statement provided: Zaire Webb was dismissed from the Washington State University football team on October Sth for violation of team policy. His removal from the team was a culmination of events, which ended with his arrest on the suspicion of stealing from Walmart along with a teammate early in October. Our team rules are repeated regularly within the football program and there is no uncertainty where we stand in regard to upholding them. It is our consistent policy to dismiss any member of our football team that violates any of the following: (1) do not do drugs, (2) do not steal, (3) do not hit a.woman, and (4) do not do anything to hurt the team. In the months leading up to his dismissal, Zaire was involved in a series of events that called to question his commitment to the football program, as well as came into direct conflict with our team rules. Zaire played as a true freshman on our football team in the first few games of this season and it was not our desire to remove him from our team. His [sic] was performing on special teams and we can only assume with time in our program that he would have continued to improve on the field. A consistent standard needs to be maintained in dealing with the conduct of our players. Every player is held to the same standards here and we have demonstrated that talent, athletic ability, age, or classification have no. bearing on whether we ‘keep or remove a player that violates any of our team policies. (emphasis added). Attached hereto as Exhibit A is a true and correct copy of such statement. 32. Leach’s Statement contained material false statements which effectively deprived Mr. Webb of notice and an opportunity to participate meaningfully in the financial aid appeal. COMPLAINT FOR DAMAGES - 6 CBI LAWYERS Cesc py tose $20 3 Avene Spon WA 9264 523435 100 Pom) sopa3s 71 as)10 u 12 13 4 15 16 7 18 19 20 2 2 2B 24 25 33. For example, Mr. Leach stated that it is a team rule to dismiss any individual that steals. However, such a statement was and is false, 34, Logan Tago was a member of the WSU football team from 2015 and is currently listed on WSU 2018 spring roster. On September 12, 2016, Mr. Tago was arrested on suspicion of felony assault and robbery after he admitted to police that on June 4, 2016, he assaulted a man and took his suitcase of beer after the victim refused Mr. Tago’s demands to give Mr. Tago the beer. Mr. Tago was charged with felony robbery and gross misdemeanor assault. 35. Mr. Tago was suspended from football activities per WSU policy while the criminal charges were pending. 36. Mr. Leach told members of the media that he believed players should be allowed to play until they are proven guilty. 37. Mr. Tago accepted a plea bargain and he pled guilty to third-degree assault and ‘was ordered to spend 30 days in jail and perform 240 hours of community service. 38. Mr, Tago remains a member of the WSU football team despite being arrested for robbery and assault and admitting guilt. 39, After completing his court-mandated community service, WSU’s Center for Civic Engagement named Mr, Tago as the recipient of the Fall 2017 Community Involvement award. 40. Leach’s Statement also represented that football players would be dismissed from the team if they “hit a woman.” That statement was and is false. 41. On March 4, 2014, WSU football team starting comerback Daquawn Brown attended a dance. A disagreement ensued between Mr. Brown and another male. Mr. Brown COMPLAINT FOR DAMAGES - 7 CB| LAWYERS CAMPBELL & BISSELL | PLLC Coviseaspray House S20 W, 7 Avcrue Spokane, Wa 95203 509.455.7100 (Phone) 509.495 7111 acs10 u 12 13, 14 15 16 7 18 19 20 21 24 25 punched the male in the face. A young woman was near the altercation and Mr. Brown punched the female in the face, Mr. Brown hit the young woman so hard he knocked her unconscious. The female sustained a concussion, two loose teeth and had nose bleeds for three days following the punch. 42. Mr. Brown pled guilty to fourth-degree assault and all of his 180-day jail sentence was suspended. 43. Mr. Leach permitted Mr. Brown to rejoin the team and Mr. Brown ed the team in 2014 with 82 tackles. 44, Despite the policy requiring the director of athletics to be involved with disciplinary decisions stemming from criminal charges, the Athletic Director at the time, Bill Moos, implicitly admitted he was not involved with Mr. Brown’s discipline, Mr. Moos was question why Mr. Brown was allowed to play after the assault and Mr. Moos stated, “You're going to have to talk to Mike [Leach] about that one, It’s hard for me to believe that he just opened the door for him.” 48. On November 14, 2017, WSU football player Grant Porter was arrested and booked into Latah County jail for Battery — Domestic Violence without Traumatic Injury against a Houschold Member. 46. On the morning of November 14, 2017, Mr. Porter's girlfriend called Moscow ppolice to report that Mr. Porter had assaulted her the previous night on November 13, 2017. _47. Upon information and belief, the woman stated that she and Mr. Porter got into an argument and Mr. Porter pushed her onto a dog kennel and then pulled her to the floor. ‘Mr. Porter’s girlfriend told officers that Mr. Porter grabbed her on the back of the neck and COMPLAINT FOR DAMAGES - 8 CB|LAWYERS CAMPRELL & BISSELL | PLLC Cet-Aspay Hose S20. ™ Avene Spokane. WA 99204 509.435 7100 (Phone) 509.455.7111 (Paes)10 nN 12 13 14 15 16 7 18 19 20 ai 2 2B 24 25 stated that, “she didn’t know who she was messing with.” Mr. Porter also reportedly threatened his girlfriend if she reported the incident to law enforcement. 48. Upon information and belief, Mr. Porter also threated to “put bullet holes in her door” and to do something to her vehicle so that it would “blow up and kill her.” Mr. Porter’s gitliriend also told officers that Mr. Porter had choked her twice before and her roommate reported that Mr. Porter had previously hit his girlftiend in the head. 49. Upon information and belief, Mr. Porter’s girlfriend suffered cuts, scratches and bruises from the assault on November 13, 2017. 50. Despite Mr. Leach’s statement to the Appeals Committee that a member of the football team will be dismissed if he “hits a woman,” Mr. Porter was placed on suspension as aresult of his arrest. 51. Mr. Porter's domestic battery charge is still pending in Latah County, Idaho and Mr. Porter is listed as a member of WSU’s football team according to its Spring 2018 roster. 52. After the Appeals Committee considered Leach’s Statement containing the misrepresentations, it permitted Catherine Walker, the Assistant Athletic Director, NCAA Compliance to address the Appeals Committee regarding regulations and process for Non- Athletic Aid. 53. After Ms. Walker's address, the Committee permitted Mr. Webb to provide a limited statement and answer questions from the Appeals Committee’s members. At no point prior to the Appeals Committee's invitation to provide a brief statement was Mr. Webb provided with notice regarding the issues to be addressed by the Appeals Committee. COMPLAINT FOR DAMAGES - 9 CBI LAWYERS CAMPBELL & aISSELL | PLIC spay Hott OW. avenue10 n 12 3 1s 16 17 18 19 20 21 22 2B 24 54, After Mr. Webb's limited interaction, Mr. Webb was dismissed from participating in the Appeals Committee hearing. 55. After dismissing Mr. Webb, the Appeals Comittee invited Mike Marlow, Deputy Director of Athletics, Dave Emerick, Football Chief of Staff and Antonio Huffman, Director of Football Operations, to address the Appeals Committee and answer its questions. During this time, Mr. Webb was not present, was not invited to observe or participate in the hearing, and in fact was unaware that Mr. Marlow, Mr. Emerick and Mr. Huffman addressed the Appeals Committee or the substance of their representations to the Appeals Committee. Importantly, Mr. Leach did not participate, but the Appeals Committee considered his unsworn statement. 56. The Appeals Committee upheld the revocation of Mr. Webb's athletic scholarship and also Mr. Leach’s decision to deny Mr, Webb permission to contact a Pac-12 institution, or any institution on the WSU football schedule, through the 2020-2021 season, 57. On October 23, 2017, President of WSU, Kirk Schultz, announced budget cuts to each department at all five of WSU’s campuses to reduce an estimated $30,000,000 annual deficit. Mr. Shultz stated that jobs in many departments are being eliminated and “[tJhese decisions are painful. They will disrupt lives, and the consequences of eliminating and reducing positions will ripple throughout our community.” Mr. Shultz also stated the performing arts program would be eliminated at the end of the performing season. 58. Despite the annual deficit WSU faced, the budget and personnel reductions and program elimination announced by WSU and Mr. Schultz, on December 18, 2017, WSU end ‘Mr. Leach agreed to a contract extension through 2022. The contract extension increased Mr. Leach’s salary and required WSU to pay Mr. Leach $3,500,000 for the 2018 football season, COMPLAINT FOR DAMAGES - 10 CB|LAWYERS CAMPBELL & BISSELL | PLLC CorberAspray House S20 WT" Avenue Spokane. WA 95204 508.455 7100 (Phone) 509.458.7111 Paci)10 Ww 12 13 4 15 16 7 18 19 20 21 22 23 25 $3,750,000 for the 2019 football season and $4,000,000 for the 2020 football season along with a one-time retention bonus of $750,000 following the 2020 football season. 59. After Mr. Leach’s contract extension Mr. Schultz stated that “Coach Leach has Jed a spectacular turnaround in the fortunes of our football program during the last six years, and we want to keep him in the Cougar family for a long time to come.” 60. WSU was and is committed to providing Mr. Leach with whatever he desires, even if it means WSU policies and procedures are not followed in the case of student-athletes such as Mr. Webb M1. —_ FIRST CAUSE OF ACTION - VIOLATION OF 42 U.S.C. § 1983 (AND ATTORNEYS’ FEES PURSUANT TO 42 U.S.C. § 1988) {AGAINST ALL DEFENDANTS EXCEPT WSU) 61. Plaintiff Webb re-alleges the foregoing allegations as if fully set forth herein. 62. Defendants are “persons” within the ambit of 42 U.S.C. § 1982 as they are being sued in their individual capacities, 63. Defendants acted under color of state law because they exercised their power possessed by virtue of state law and made possible only because the wrongdoers were clothed with the authority of state law. 64. Defendants were acting within WSU’s policy and custom, including the refusal to provide certain students facing athletic scholarship revocation with due process in order to appease Mr. Leach. 65. ‘There was a direct and proximate causal connection between Defendants’ wrongful conduct and the harm and damages to Mr. Webb. COMPLAINT FOR DAMAGES - 11 CB LAWYERS CAMPBELL & BISSELL | PLLC Corbe-Aspray House 20 W, TE Avene 509.455.7111 (Fass10 u 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 66. Defendants’ conduet deprived Mr. Webb of his rights under the Fourteenth Amendment to the United States Constitution and failed to protect Mr. Webb from injury. 67. Defendants acted arbitrarily and capriciously, acted with deliberate indifference toward Mr. Webbs due process rights, and acted with an improper motivation. 68. As aresult of Defendants’ conduct, Mr. Webb has suffered and will continue to suffer harm in an amount to be determined at trial. 69. Mr, Webb was required to hire attomeys to represent him in this matter and he is entitled to an award of reasonable attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, W. SECOND CAUSE OF ACTION - TORTIOUS INTERFERENCE WITH ‘CONTRACTUAL RELATIONS {AGAINST DEFENDANT LEACH) 70. Plaintiff Webb re-alleges the foregoing allegations as if fully set forth herein. 71. Mr, Leach intentionally, recklessly, and tortiously interfered with Mr. Webb's athletic scholarship contract with WSU through the improper means and purpose described and set forth above. 72. As arresult of Mr. Leach's conduct, Mr. Webb has suffered and will continue to suffer harm in an amount to be determined at trial. IV. THIRD CAUSE OF ACTION — NEGLIGE! (AGAINST ALL DEFENDANTS) 73. Plaintiff Webb re-alleges the foregoing allegations as if fully set forth hercin. 74, The Defendants, individually and collectively, had a duty to Mr. Webb to ‘conduct an Appeals Committee hearing in a competent manner and in accordance with societal standards and norms governing such hearings and otherwise act in a reasonably prudent manner with regard to Mr. Webb. COMPLAINT FOR DAMAGES - 12 CBI LAWYERS CAMPBELL & BISSELL | PLLC Spokar, WA 99204 309.435.7100 (Phone) 509.455.5111 Facsimile)10 u 12 3 14 IS 16 17 18 19 20 21 22 23 24 25 75. The Defendants breached their duty by (among other things) considering an unsworn statement by an individual not present for the hearing that contained multiple, materials misrepresentations, failing to follow the policies and procedures expressly outlined in the Handbook, refusing to provide due process before and after the deprivations, and engineering a “kangaroo court” hearing with the predetermined purpose of upholding Mr. Leach’s decisions. 76. As a result of the Defendants’ conduct, Mr. Webb has suffered and will continue to suffer harm in an amount to be determined at trial. REACH OF CONTRACT. (AGAINST WSU) V. FOURTH CAUSE 77. Plaintiff Webb re-alleged the forgoing allegations as if fully set forth herein. 78. Atall relevant times, Mr. Webb was a recipient of an athletic scholarship from WSU, which contacted both express terms and an implied covenant of good faith and fair dealing, 79. Mir. Webb had the objectively reasonable expectation, that WSU would not act 50 as to deprive Mr. Webb of the fiuits of the athletic scholarship and otherwise act in good faith vis-a-vis his scholarship. 80. WSU’s actions,.as described and set forth above, constituted a breach of the terms of the contract, including the implied covenant of good faith and fair dealing. 81. Asa direct and proximate cause of WSU’s breach of contract, Mr. Webb has suffered and will continue to suffer ham in an amount 1o be determined at trial PRAYER FOR RELIEF ‘Wherefore, Plaintiff Webb seeks the following relicf: COMPLAINT FOR DAMAGES - 13 CB| LAWYERS CAMPBELL & SISSELL | PLLC Corbet-Aspray House 820 W. 7 Avenue ) 509.458 711 Facsimile)12 13 14 15 16 7 18 19 20 21 23 24 25 1. Foran award of actual damages suffered; 2. Foran award of his attorneys’ fees and costs; and 3. For such other and further relief as the Court deems fair, just and equitable. DATED this Boy of February, 2018. CAMPBE! & BISSEYL, PLLC (CHAEL’S. BISSELL, WSBA#24077 SCOTT A. FLAGE, WSBA #43183 Attorneys for Plaintiff 222147 Deafs\Complact State doc COMPLAINT FOR DAMAGES - 14 CB| LAWYERS CAMPRELL & AISSELL | PLLC Catbet-Aspay House 820.7 Avene Spokane, WA 99204 309.455.7100 (Phone) 509.455.7111 acsinit)Exhibit AWASHINGTON STATE rOOTRALY October 25, 2017 Dear Appeals Committee: i i Zaire Webb was dismissed from the Washington State University football team on October S* for i violation of team policy. His removal from the team was a culmination of events, which ended with his \ arrest on the suspicion of stealing from Walmart along with a teammate early in October. ‘Our team rules are repeated regularly within the football program and there Is no uncertainty where we stand In regard to upholding them. Its our consistent policy to dismiss any member of our football team that violates any of the following:.(1) do nat do drugs, (2) do not steal, (3) do not hit awoman, and (4) do not do anything to hurt the team. In the months leading up to his dismissal, Zaire was involved in a serles of events that called to question his commitment to the football program, as well as came into direct conflict with our team rules. Zalre played as a true freshman on our football team In the first few games of this season and it was not our | desire to remove him from our team. His was performing on special teams and we can only assume with time in our program that he would have continued to Improve on the fleld. consistent standard needs to be maintained in dealing with the conduct of our players. Every player Is held to the same standards here and we have demonstrated that talent, athfetlc ablity, ags, or lassification have no beating on whether we keep or remove a player that violates any of ourteam policies. ‘Thank you for your time and consideration in this matter. if you have any additional questions, lcan be reached at (509) 335-0250, Sincere} ke Leach Head Football Coach