UNM Settling Gerald Suit [Albuquerque Journal, N.M.]

Nov. 24--The University of New Mexico is in the midst of settling a lawsuit filed by a former assistant football coach who alleged he was punched and choked by then-head coach Mike Locksley.

J.B. Gerald will get $25,000 to settle his claim that the university was a hostile work environment, UNM athletic director Paul Krebs said Wednesday.

The state's risk management division, in conjunct ion with university officials, opted to settle the case as a way to avoid the expense of a trial and "make this thing go away," Krebs said.

Calls to Gerald and to his attorney, Santiago Juarez, were not returned.

The settlement will be paid for by the state's risk management division and not the university, Krebs added.

"I think people struggled with whether we should settle or not," Krebs said. "There was no admission of any guilt. I think we have a strong legal case, but the risk of going to court and getting in front of a jury was such that we felt it was the best business decision to settle and move forward."

Gerald had alleged that Locksley choked him and punched him in the face during a September 2009 coaches meeting. Gerald left the team in the wake of the incident. Locksley -- who admitted a physical altercation took place but denied punching or choking Gerald -- ultimately served a 10-day, unpaid suspension. Locksley was fired in September, having compiled a 2-26 record in two-plus seasons with the Lobos.

Gerald's 2010 civil lawsuit charged Locksley with assault and battery and cited Krebs and the UNM Board of Regents for claims of discrimination, first amendment retaliation, denial of equal protection and breach of contract. He alleged in the suit that upon reporting Locksley's behavior to UNM, university officials "not only failed to take appropriate remedial action, but dissuaded and discouraged" Gerald from complaining and seeking redress. The complaint states UNM's actions were discrimination because Gerald is black.

Gerald was seeking punitive damages.

A federal judge dismissed the complaint in May. Gerald then filed an amended complaint, claiming he faced a hostile work environment at UNM. The suit stated that Locksley's attack on Gerald was motivated by race and that school officials didn't treat it seriously enough because it involved two black employees.

Of the $25,000 amount, Krebs said, "I would not use the word fair," but added that it was low enough to make financial sense.

"As I said, we paid money to make this thing go away," Krebs said. "I think we feel that ... we had a very, very strong legal case, but the cost to prove our innocence would've been much greater than this. I think this was a business decision to get this case behind us."

Krebs said the settlement paperwork had been drafted and was just awaiting signatures. "We've closed the book, and we're moving forward," he said.

Locksley-Gerald Timeline

Sept. 20, 2009 : UNM head football coach Mike Locksley gets into an altercation with assistant coach J.B. Gerald at a staff meeting. Gerald files a police report accusing Locksley of punching him in the mouth. Gerald goes on paid leave.

Sept. 21, 2009 : Locksley is asked about a scratch on his face. He blames an overly playful dog.

Sept. 28, 2009 : The police report goes public. Athletic director Paul Krebs reprimands Locksley, considers the matter closed.

Sept. 29, 2009 : UNM Human Resources Vice President Helen Gonzales says it is not closed and an investigation will be launched.

Oct. 13, 2009 : Locksley receives a 10-day suspension.

Oct. 30, 2009 : Gerald goes on ESPN's "Outside the Lines" and says he was choked and punched in the mouth by Locksley. ESPN reported assistant coach Mike Degory told UNM Human Resources investigator Shannon Garbiso that Locksley "reached out and started choking him (Gerald). I held Locks back as he was still swinging at Gerald." But it is learned that Garbiso did not record her interviews with coaches who saw the incident. Gonzales says of her department's inquiry, "No one could verify that they saw (punches)."

Nov. 4, 2009 : UNM President David Schmidly admits the school "bungled" the investigation but that it did not try to cover-up for Locksley. UNM claims Gerald offered to stay silent in exchange for $500,000.

July 2010-August 2011 : Gerald files suit in federal court alleging racial discrimination, then alleging a hostile workplace. Over the course of a year, the suit is denied and refiled several times.

August 23, 2011 : Gerald's amended suit removes Krebs and Locksley as defendants, leaving only UNM as its target.

Nov. 23, 2011 : UNM announces a settlement.

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