Jan. 14, 2008

Question and answer session with Director of Athletics Dick Baddour on the settlement of the lawsuit between former women's soccer player Melissa Jennings and Coach Anson Dorrance. The case was settled on January 14, 2008.

Why did Coach Dorrance and the University choose to settle now?
Because it is the right time for it to end. Neither the plaintiff nor the university see the benefit in proceeding further and Anson and his family certainly agree that enough is enough. For more than nine years, he's had to defend himself in a case we believe has no merit. Think of how long that is. This case has lasted through nine soccer seasons, which is hard to believe. We came to a resolution four years ago with Debbie Keller and we thought the Jennings side of the case would be over soon after that. Here we are four years later. Nothing was resolved today that couldn't have been resolved in 1998.

What do you mean by that?
Anson apologized to Ms. Jennings in 1998 for making comments in jest that the University thought, and in hindsight he agreed, were inappropriate. That's what Anson apologized for in 1998 and it's the exact same apology he is giving in 2008. The only difference is that the University is paying the plaintiff $385,000, which is intended to reimburse her for most of the attorneys' fees she accumulated over the nine-year history of this case.

Did you settle because you thought Coach Dorrance would lose at trial?
Absolutely and unequivocally not. In fact, our attorneys have said for years that the best the plaintiffs could hope to do is get the case to trial. Two of the courts that ruled on the suit said there wasn't enough substance to even send the case to trial. A third court said there was, but the legal standard it used to determine that was to accept as fact everything the plaintiff claimed. And even then, that court was split.

So why settle if the University thought it would win?
No one wins in a trial, especially in a case like this. Our feeling is that even if we win the case as we would expect, the truth would get lost in the allegations, headlines, and the uninformed legal analysis that plays out in the media on a 24-hour basis. Anson's reputation and integrity have been on the line for more than nine years and they have held up just fine, but he shouldn't have to also endure a trial if we can find an endgame through a settlement.

You have to look between the lines and see what makes the most financial sense to all parties involved, not just the legal points. If this goes to trial and the University and Anson win as we expect, the plaintiffs are out of pocket at least $400,000, plus whatever additional attorneys' fees they spend during a trial. So it makes sense for them to settle to recoup attorneys' fees.

If it goes to trial and the court finds in favor of the plaintiff, even in the amount of $1, then the plaintiff could recover all of her attorneys' fees from the University. We'd have to pay the attorneys' fees AND we would have gone through a trial. That's a risk that isn't worth taking.

Why did the University settle for a higher amount than with the other plaintiff four years ago?
That's the cost of our legal system. Ms. Jennings had four more years of attorneys, depositions, court proceedings, appeals, etc... A lot of the legal work in this case occurred in the last four or five years, so it makes sense that the attorneys for the Jennings would have incurred more fees.

Where does the money come from?
It was paid from the athletic department's 2007-08 operating budget. We certainly didn't plan for this type of expenditure when we put together our budget for this academic year, but we will work diligently to find ways to account for it without negatively impacting our overall program.

Was Coach Dorrance asked to contribute to the settlement?
No. We have stood in support of Anson since the suit was filed. Nothing that has happened since 1998 has caused us to feel different about Anson or how we viewed the case. We supported him then, we support him now, and we stand up for our people and take responsibility as a department for the financial terms of the settlement.

Will Coach Dorrance be further disciplined by the University and/or the athletic department?
The allegations that were made in 1998 were unprecedented. There were no allegations against him in the 20 years before the plaintiffs made their claims and there have been no allegations of a similar nature in the 10 years since. Anson apologized for some comments he made in jest, and was reprimanded by the University back in 1998, but there was nothing he did that warranted this type of legal action. Anson has been a tremendous representative of the University of North Carolina for more than 30 years.

What have you heard from the current and former players?
Support -- their overwhelming support for Anson, for Coach (Bill) Palladino and for the University of North Carolina. You have to remember back to August 1998. When this case was filed and we held the press conference to announce that it had been filed, we all wondered how it would affect the soccer program and Anson's ability to move forward as head coach. What happened? As soon as our press conference ended, the players on the 1998 team held their own press conference and stated in no uncertain terms that they were in unanimous support of Anson and of their belief that this case had no merit.

Many players wanted to testify on Anson's behalf and it was tempting to pass on the settlement opportunity to allow that to occur. No one can tell the world about Anson and the program better than the players. That's why, when Anson recruits high school soccer players to play for UNC, the best recruiters we have are the current players.

Is there anything positive that has come as a result of this entire case?
In a way that you wished never had to happen, we found out just how much the young women who have played here love competing for Anson and the University of North Carolina. We heard from player after player who said they became what they did in life because of the incredibly challenging, yet positive impact Anson, Bill, Chris (Ducar) and others in the program have had on them. Look, we've always known Anson is a great coach. But put the wins and the championships aside, because in the bigger scheme, they don't matter. It's about people and we are in the business of educating young people. And when all is said and done, we are so much better for having Anson as part of our program, our University and our lives. We heard it over and over.