5/19/09 deposition given by Brian Sullivan (Moberly v. UC Clermont et al)

PH. CIN-TEL CORPORATION

5 1 3 - 6 2 1 - 7 7 2 3 FX. 5 1 3 - 6 2 1 - 6 5 5 8

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JASON MOBERLY, Plaintiff, vs.

THE UNIVERSITY OF CINCINNATI 'CLERMONT COLLEGE,

& ANN APPLETON, Individually,

& KIMBERLY ELLISON, Individually,

& JAMES MCDONOUGH,

Defendants.

CASE 1:08CV569

DEPOSITION OF: BRIAN SULLIVAN

Tuesday, May 19, 2009

1:30 p.m.

Reported By:

Jennifer Strothers

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a-414f-991f-3feea6bd138e

http://WWW.CINTELCORPORATION.COM


513-621-7723 FX. 513-621-6558

10

n 12

13

14

15

16

17

18

19

20

21

22

23

24

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JASON MOBERLY, Plaintiff, vs. ) CASE 1:08CV569

THE UNIVERSITY OF CINCINNATI CLERMONT COLLEGE,

& ANN APPLETON, Individually,

& KIMBERLY ELLISON, Individually,

& JAMES MCDONOUGH, Defendants.

The deposition of BRIAN SULLIVAN, witness herein, taken by the plaintiff as upon cross-examination pursuant to the Federal Rules of Civil Procedure and pursuant to Notice and stipulations hereinafter set forth at the offices of Marc Mezibov, 401 E. Court Street, Cincinnati, Ohio at 1:30 p.m., on Tuesday, May 19, 2009, before Jennifer Strothers, a notary public within and for the State of Ohio.



CIN-TEL CORPORATION PH. 513-621-7723 FX. 513-621-6558

9 10

11

15 16 17

19 20 21 22 23 24

APPEARANCES:

3 On behalf of the Plaintiff: 4

MARC D. MEZIBOV, ESQUIRE 5 SUSAN LAWRENCE, ESQUIRE

Law Offices of Marc Mezibov 6 401 E. Court Street, Suite 600

Cincinnati, Ohio 452 02 7 (513) 621-8800

On behalf of the Defendant: 12 DANIEL J. HOYING, ESQUIRE

Taft Stettinius & Hollister, LLP 13 425 Walnut Street, Suite 1800

Cincinnati, Ohio 4 5202 14 (513) 357-9668

Also Present: Ann Appleton Jim McDonough Kimberly Ellison




9

10

11

12

14

15

16

17

18

19

20

21

22

23

24

S T I P U L A T I O N S

It is stipulated by and between counsel for the respective parties that the deposition of BRIAN SULLIVAN, witness herein, may be taken at this time by the defendant as upon cross-examination pursuant to the Federal Rules of Civil Procedure and pursuant to Notice and agreement of counsel as to the time and place; that the deposition may be taken in stenotypy by the notary public court reporter and transcribed by her out of the presence of the witness; that

13 the deposition is to be submitted to the deponent for his examination and signature, and that the signature may be affixed out of the presence of the notary public court reporter.




r

1 I N D E X 2

3 Witr less Page 4

5 BRIAN SULLIVAN 6 Cross 7 By Mr. Mezibov 6 8

9

10 E X H I B I T S 11 Exhibit 1 27 12 Exhibit 2 29 13 Exhibit 3 34 14 Exhibit 4 38 15 Exhibit 5 53 16 Exhibit 6 79 17 Exhibit 7 82 18

19

20

21

22

23

24




7

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1 BRIAN SULLIVAN, 2 of lawful age, as having been duly sworn, was 3 examined and testified as follows: 4 CROSS-EXAMINATION 5 BY MR. MEZIBOV: 6 Q Mr. Sullivan, good afternoon. I am

Marc Mezibov. You met Susan Lawrence, my 8 associate. We represent Jason Moberly in this 9 lawsuit. You do not have to contend with both of

us; I will be the only one asking you questions. Have you ever had your deposition taken?

A No, I have not. Q Couple guidelines to help get through as

quickly and easily as possible. My guess is Mr. Hoying informed you of these, but it is worth repeating. When I ask a question, I intend it to be purposeful. I want to get information. I do not want to confuse or mislead you and I want you to understand me. If my question presents a problem, just say you do not understand or it is confusing or whatever it takes.

Jennifer is taking everything down I say and you say and everyone says during the course of the proceeding unless we go off the record. But




1

1 in any event, we want to have as accurate and 2 complete as possible. We can help Jennifer by not 3 speaking over one another and extending the 4 courtesy. Let me finish my question before you 5 begin answering and I will hear your complete 6 answer be fore I begin another question. 7 Please answer all the questions audibly; 8 I will ma ke sure you do. Nods of the head and 9 winks, dc not cut it. You have to say "yes" or

10 "no" or whatever is appropriate- Okay? 11 A Okay. 12 Q Please state your complete name. 13 A Brian Osborne Sullivan. 14 Q Mr. Sullivan, where do you reside? 15 A Eastwind Court, Anderson Township. 16 Q Are you employed? 17 A Yes. 18 Q By whom? 19 A University of Cincinnati. 20 Q In what capacity? 21 A I am the program coordinator at Clermont 22 College. 23 Q How long have you been program 24 coordinat or?

WWW.CINTELCORPORATION.COM E-Mail [email protected] 5c383ff3-157a-414f-991f-3feea6bd138e


mailto:[email protected]

CIN-TEL CORPORATION PH. 513-621-7 723 FX. 513-621-6558

i

2

3

4

5

6

7

8

9

10

14

15

16

17

18

19

20

A Little over three years. Q Before we get into your job duties, what

is your educational background? A I have Bachelor!s from the University of

Cincinnati, graduated 1992, human social services. Q Since leaving school have you always

worked in the UC arena so to speak or other institutions or other places?

A Other places. Q Where have you worked?

11 A I have worked for the Cincinnati 12 Cyclones at First Star for seven years as director 13 of operations for the hockey team and moved into

director of operations for the building. I worked briefly at Coca-Cola as a sales representative. And my last job prior to this was for a company, Brand New, LLC; they owned restaurants and I ran some of their Subway restaurants for a brief period of time.

Q How did you get your position at UC 21 Clermont? 22 A I looked on the website for jobs at UC 23 website and saw there was opening for coordinator 24 in athletics.




1 Q Tell me what the program coordinator 2 consists of? 3 A I oversee the athletic program for 4 day-to-day operations. We currently have six 5 athletic programs. We have men's basketball, 6 women's basketball, volleyball, baseball, softball 7 and golf I do all the scheduling, all the 8 transportation. I check up on all the 9 eligibility. Anything day-to-day to do with the

10 athletic program. 11 Q You're like an athletic director? 12 A Yes. 13 Q With a different title? 14 A Yes. 15 Q Did you know anyone at UC Clermont 16 before you applied for this position? 17 A No. 18 Q Were you interviewed for the position? 19 A Yes. 20 Q By whom? 21 A Just a couple -- do you want names? 22 Q Sure. 23 A Nancy Raveal was on the committee. Trey 24 Trip was on that committee. I believe the former




r

1 dean, Dean David Deveer was on the committee. And 2 I do not recall who else. There were five or six 3 people. 4 Q That is the search committee? 5 A Yes. 6 Q Were anyone of the individuals in the 7 room for this deposition part of that committee? 8 A No, they were not. 9 Q Did any person in this room ever

10 interview you for that position? 11 A No, they did not. 12 Q To whom do you report? 13 A Kim Ellison. 14 Q And what is her title? 15 A She is director of student life. 16 Q Does she evaluate you? 17 A Yes, she does. 18 Q On an annual basis? 19 A Yes. 20 Q When were you last evaluated by Ms. 21 Ellison? 22 A Last June. 23 Q June '08? 24 A Yes.




-T

1 Q Were you satisfied with your evaluation? 2 A Yes. 3 Q Did you get a raise? 4 A I believe we all — two percent. 5 Q Is that across the board? 6 A I am not sure, but I know mine was. 7 Q Did you get a merit increase? 8 A No. 9 Q Did you ever apply for one?

10 A No. 11 Q Would you be eligible for one? 12 A I am not sure. 13 Q Now, you said one of the programs for 14 whi ch you have responsibility is basketball? 15 A Yes. 16 Q What division or level is the 17 bas ketball? 18 A We are a member of the United States 19 Collegiat e Athletic Association. It is equivalent 20 to NAIA or NCA Division III; that is our national 21 association. Our local organization is the Ohio 22 Reg rional Campus Conference. 23 Q Are scholarships available? 24 A No, sir.




C1N-TEL CORPORATION PH. 5 1 3 - 6 2 1 - 7 7 2 3 FX. 5 1 3 - 6 2 1 - 6 5 5 8

Q Now UC Clermont, what degrees does it offer?

A Primarily Associate degrees. We do have some areas to get your Bachelor!s in nursing and criminal justice.

Q Most there are two-year degree programs? A Yes, they are.

8 Q What is your responsibility as it 9 relates to the basketball program?

A I schedule their games; I schedule transportation to get to the away games; I am responsible for their equipment, uniforms, shoes,

13 sweatpants, so on. I am responsible for student activity center where they practice. I schedule the practice times. I am also responsible for finding out who is on the team and checking eligibility to make sure they are eligible for the upcoming season.

Q Okay. How many basketball team members are there?

A Approximately 15. Q Do you know how individuals are selected

10

li

12

14

15

16

17

18

19

20

21

22

23 for the team? 24 A Primarily recruiting. Coaches recruit.

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a-414f-991 f-3feea6bd138e



9

10

11

12

13

1 Q Do you have any involvement in 2 recruiting? 3 A No, I don't. 4 Q Do you have any eligibility requirements 5 associated with recruiting? 6 A Yes, we do. 7 Q What are those? 8 A You have to have -- well, to get into

Clermont you have to have a GED or high school diploma. Once you are in, you have to maintain a 2.0 GPA and have -- once you are in two quarters, so third quarter, you'd have to have 24 credit hours from the two previous quarters. Do you

14 understand? 15 Q Probably not.

A It is basically a full-time student and passing. That is a USCA rule.

Q In a given quarter -- is it a quarter system there?

A Yes. 21 Q Is it now semester? 22 A Still quarter. 23 Q Quarter means you run from -- what is 24 that?


16

17

18

19

20



( \

1 A September -- early September till June 2 13th is graduation. There are three quarters in f 3 that time ■ \

4 Q First is September to December? 5 A December. Middle of December. And 6 January 6th thereabouts to March 15th. 7 Q So if basketball season starts — most 8 situations it starts practice in October? 9 A Yes.

10 Q Games in November? 11 A Early November. 12 Q If I am a first-year student at 13 Clermont, what do I need to have academically to 14 compete in that first year? 15 A For the first quarter or first year, \ 16 full-time student, 12 credit hours and enrolled [ 17 from your first quarter. 18 Q That will take me up to January? 19 A Yes. 20 Q Then January through March is second 21 quarter? ; 22 A Yes. \ 23 Q If the season concludes, then I will 24 only be ji idged — or eligibility is determined [

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a-414f-991 f-3feea6M138e



.

1 based on the first quarter's performance? 2 A Correct. 3 Q Then the following year, if I play 4 again, I will be judged on --5 A On the two previous quarters you 6 attended. 7 Q That would take me to the end of my 8 basketball career then, a two-year period? 9 A USC allows for a four-year eligibility

10 and we do have players for four years. 11 Q How do they do that? They keep 12 enrolled? 13 A Yes. With the standards that have to be 14 met. Again, we have students in criminal justice 15 and nursing students that stay for the full four 16 years. 17 Q But full-time enrollment in any given 18 quarter is — the minimum number of --19 A Credit hours? 20 Q Yes. 21 A 12. 22 Q Do you have any involvement in the 23 selection of the coaching staff? 24 A Yes.




f

i 1 Q How SO? j 2 A I am usually on a committee that j 3 consists of myself; usually Kim Ellison; if we are j 4 selecting the assistant coach then, the head; and j 5 if we are selecting a head coach, it would be a j 6 third person selected to be on that committee. I 7 Q Your first year at Clermont was when, 1 8 approximately? j 9 A October of 2006. 1

10 Q Okay. When you first came to UC j 11 Clermont, did the college have a men's basketball 12 coach? j 13 A Yes. j 14 Q Who?■ t 15 A John Hurley. j 16 Q He had been there for how long, if you \ 17 know? I 18 A Can't be certain. I will say up to this ( 19 current date, probably six years. So probably two I 20 years before I came. 1 21 Q If you know, in October, what was his \ 22 arrangement or contractual arrangement? 23 A When 1 came in he was the director of I 24 student life and head men's basketball coach.

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a-414f-99tf-3feea6bd138e



,

1 Q As head basketball coach, does he get 2 stipend above and beyond that of head of student 3 life? 4 A Yes, I would assume. Now he is making 5 approximately $5,200.00. 6 Q As basketball coach? 7 A Yes. 8 Q When you came in October !06, he was the 9 coach and director of student life?

10 A Yes. 11 Q Through that season, which would last 12 until spring T07, he continued in that capacity? 13 A Yes. 14 Q Was there an assistant coach? 15 A No. 16 Q Was anybody that helped Mr. Hurley? 17 A Yes. 18 Q Who was that? 19 A Anthony Robertson. 20 Q Who is Anthony Robertson? 21 A Anthony was a student worker up at the 22 student activity center. 23 Q How does — if you know, how did Anthony 24 Roberts come to assist Mr. Hurley?




i

1 A He was there when I got there. 2 Q So you had nothing to do with appointing 3 him? 4 A No. 5 Q Was he an undergraduate? 6 A Yes, he was. 7 Q A full-time student? 8 A Yes, he was. 9 Q Did he play for the team?

10 A No, he did not. 11 Q He just assisted? ■ 12 A Yes. 13 Q How did he assist? 14 A I would say, from what I experienced, 15 his role was anything as assistant coach. 16 Q Was he paid? 17 A Not for basketball. It was volunteer. 18 He was a work-study student at the activity 19 center, . so that is all I know. He was paid 20 through an hourly KRONOS system that we use for 21 his hours. He clocked in and out at the student 22 activity center. 23 Q Is Mr. Robertson African-American? 24 A Yes, he is.





10

n 12

15

16

22

23

24

Q Did he have any role that you are aware

of in relationship to the student athletes? Specifically did he have any charge, admission or responsibility with respect to the student

5 athletes? 6 A During practice? 7 Q Any time — in his role -- let me ask 8 this question: Did he have a title, like assistant 9 coach?

A Everyone called him assistant coach on the team, yes.

Q Okay. In his role as assistant coach, 13 did he have any responsibilities as related to the 14 students on the team?

A Academically? Q Yes.

17 A Not that I am aware of. 18 Q Any other way; socially? 19 A Yes. 20 Q How so? 21 A Just from my experience of what I saw,

he was a kind of -- I use the word "mentor" to a lot of guys that came in. We did have African-Americans on the team and Anthony who just





r Page 2 0

1 ended up coincidentally getting his social work 2 degree from UC Clermont is very driven to help 3 people. 4 Q How did it come to pass that he had this 5 role as mentor? Is that a formal assignment he 6 had or something that he assumed? 7 A I do not believe so; that it was formal, 8 I think it just happened. 9 Q Did you ever speak with Coach Hurley

10 about the role? 11 A No. 12 Q Did you speak with Anthony about his 13 responsibilities on the team? 14 A No. 15 Q Have you spoken to Anthony? 16 A Yes. 17 Q In what connection; what kind of 18 matters? 19 A He worked for me at the student activity 20 center, which is our building on campus. That is 21 where students can — it is open daily. They can 22 shoot basketball, play ping-pong, lift weights. 23 He ran that during his time when I was there. 24 Q He received hourly wage for doing that




r

1 or some thing? 2 A Yes. 3 Q How long did he do that? 4 A I am not sure how long he was there 5 prior t o me coming, but he did it up until last 6 May. 7 Q May '08? 8 A Yes, a year ago. 9 Q What was your relationship with him?

10 A We had a good relationship. 11 Q Did you find him to be responsible? 12 A Yes. 13 Q Did you have any conversations with him 14 about how African-Americans were doing on campus, 15 particu ilarly the student athletes? 16 A Yes. 17 Q Tell me about those conversations. 18 A Again, he was very driven and determined 19 to give people chances, all athletes. So he did a 20 lot of our recruiting. It seemed like he did a 21 lot of the recruiting, I can't say that for sure. 22 Seemed like he did a lot of recruiting in the 23 inner city and bring kids in from the inner city 24 to Batavia. And he would be a mentor role and do




6

7

8

9

10

11

12

13

14

15

17

18

19

20

21

22

23

24

anything he could to make sure these individuals were successful on campus.

Q Did he ever discuss with you any specific problems or issues associated with the

5 lives of these African-American student athletes there?

A I can't recall anything specific. We did have conversations at practice about players finding a place to live. We have apartments near us. He was always trying to help them get places to live. If there was anything about a class that they could not get into or needed to get into, then he would come to me and ask for my help.

Q Let me ask you something about the team. You said there are typically 15 players on

16 the team? A Yes. Q In the year October '06 through '07, how

many of the 15 were African-Americans? A Nine, ten. Q Has that been the percentage since? A Yes. Q If you know, what's -- strike that.

Does the University keep numbers with respect to




10

n 12

minority population of the student body?

A Yes. Q Do you know what the minority population

4 is? 5 A I do not. 6 Q Who would know that? 7 A I am not sure. 8 Q Would one of the persons in this room 9 would know that?

A Probably. Q So, through 2006/2007 John Hurley

continued as the coach and Anthony Robertson was 13 the assistant coach. Then we come to 2007 and 14 2008. Are any decisions made about who will coach

the team that year? A In June of 2007, John Hurley was

released as the director of student life by Peggy Chauker, who at the time was our assistant dean of student services. He was still retained as the

20 head basketball coach. 21 Q Was there any decision made about who'd 22 be assistant coach?

A Not at that time. Anthony still had a year of classes and stayed.

15

16

17

18

19

23

24





1 Q He stayed through the 2007/2008 year? 2 A Yes. 3 Q Just as he had the previous year? 4 A Yes, he did. 5 Q Now, at this point did you know a 6 gentleman named Jason Moberly? 7 A At this point, no, I did not. 8 Q When did you first hear the name Jason 9 Moberly 7

10 A Probably October f07. 11 Q Okay. 12 A Or thereabouts, the beginning of that 13 basketball season. 14 Q How did you hear about that? 15 A He came into the gym one day and 16 apparen tly he and John were coaching 17 acquain tances. 18 Q John Hurley? 19 A Yeah. Were coaching acquaintances or 20 friends and he wanted to help out the team. 21 Q Were his services utilized in any way in 22 2007? 23 A Yes. 24 Q How so?




1 A He was the — came in as a volunteer

coach at the beginning. As we got to know each other, we had never used our assistant coaching money. That job remained open as far as the University was concerned because Anthony was a volunteer, not getting paid for basketball just work-study money that he clocked in and clocked out with.

Q How much assistant coaching money was 10 there? 11 A $2,300.00.

Q Is there a particular reason Anthony did not receive that money?

14 A You cannot be a student and an 15 employee. Anthony understood and he chose --

obviously he wanted to finish his degree. Q So there was $2,300.00 in the budget for

18 an assistant coach? 19 A Approximately.

Q When Jason came in 2007, there is still $2,300.00 in the bank, so to speak?

22 A Correct. 23 Q Now, is it in the fall 2007 he started

-- "he" meaning Jason -- started to help with the

12

13

16

17

20

21

24




10

n 12

1 team? 2 A Yes. 3 ■ Q Was there a decision somewhere in 2007 4 that his position would change from a volunteer to

a paid employee? A As the weeks went on that year. But as

the weeks went on, I had spoken to Jason and I 8 felt we had the money and we should use it. We 9 hadn't had an official assistant coach. As we

looked into it more, the process for him to apply and the background check and everything, it would have been past the year and it would not have

13 worked out. So that's when we came to the 14 conclusion we could hire him as a temp through BGI 15 Services. 16 Q What is BGI Services?

A That is a temp service we use at University of Cincinnati.

19 Q You do not have to go through this background check; is that it?

A Do not have to go through the application process or paper. We just hired him on temporary -- to get through that year knowing we were going to open it up at the end of the year

17

18

20

21

22

23

24



CIN-TEL CORPORATION PH. 5 1 3 - 6 2 1 - 7 7 2 3 FX. 5 1 3 - 6 2 1 - 6 5 5 8

1 -- or June after the basketball season. 2 Q How was Jason's performance as far as 3 you were concerned? 4 A Fine. 5 Q Was there anything specific about Jason 6 that you thought spoke well for his ability to be 7 a coach on the team? 8 A Yes. Jason, he was a lot like Anthony.

He was very driven, really saw the person. It was not just a team or number to him, it was the person. Obviously his coaching qualities, he knows the game of basketball. And he and John Hurley got along very well.

Q Did you, in the course of 2007/2008 basketball season, make any statements to Jason about what the future held in that position?

17 A No. Just the fact that it would be 18 opening. But that was told at the beginning that

it would open up. It would be a process. Q Let me show you Plaintiff's Exhibit 1.

21 (Plaintiff's Exhibit 1 marked for 22 identification.)

Q I will represent to you that these are a string of e-mails. Can you just take a look at

9

10

li

12

13

■14

15

16

19

20

23

24




[

1 them? The first page at the top appears to be an 2 e-mail to you from Jason Moberly with attachments. 3 Is that a message you sent to Jason, "Just found 4 out we have to pay you through a temp service"? 5 A Yes. 6 Q Is that what you!ve just described for 7 us? 8 A Yes. 9 Q So these discussions about how he would

10 be employed and what needed to be done to 11 accomplish his hire was done in or about January 12 f08? 13 A Yes. 14 Q Now, what was your relationship with 15 John Hurley other than — did he report to you? 16 A Yes. At the beginning I reported to 17 him. After June '07 he reported to me. 18 Q Did you have a good working 19 relationship? 20 A Yes. 21 Q Did you get along well? 22 A Yes. 23 Q Did you ever have reservations about his 24 ability to coach the team?




1 A 2 coach. 3 Q 4 level? 5 A

9

10

11

12

13

14

15

16

17

18

19

20

21

22

24

Page 2 9 No reservations about his ability to

Any reservations about him on a personal

No. We had our -- we are both very passionate but it was strictly for-the-good-of-the-program kind of talks. Nothing personal, no.

Q Did you have ever question or challenge anything he said as far as it being accurate or inaccurate?

A No. Q You believe he's an honest guy? A Yes. Q Trying honestly to do his job? A Yes.

(Plaintiff's Exhibit 2 marked for identification.)

Q Let me — I have handed you Exhibit 2 which I will represent to you is an affidavit of John Hurley that Mr. Hurley has prepared in connection with this case. Have you ever seen

23 this affidavit before? A I do not believe so.




r .

1 Q Were you ever told by anyone that Mr. 2 Hurley had prepared an affidavit? 3 A John actually told me that, yes. 4 Q What did he tell you? 5 A Again, in the basketball season. And he 6 said he had to — actually he was going to be late 7 for one of the practices because he had to give an 8 affidavit. 9 Q Did he tell you what it concerned?

10 A No. 11 Q Did you ask him? 12 A No. 13 Q Let's go through this and read what Mr. 14 Hurley said and see if you have comments about 15 it. He says, "I am the head coach of Clermont 16 College. I have held that position since 2003." 17 Is that accurate as far as you know? 18 A As far as I know. 19 Q Second paragraph Mr. Hurley states, "In 20 the summer prior to the "08/'09 academic year, UC 21 Clermont began a search to fill the position of 22 assistant men's basketball coach at the college." 23 Is that accurate?

\ „ .

24 A Yes.




2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1 Q "The search committee included athletic

director Brian Sullivan, director of student life Kim Ellison and John Hurley." Is that accurate?

A Yes. Q When is that? He says summer of -- are

you able to be more precise in terms of time? A Beginning of June. June 4th through the

6th. In that area. Q Why June? What was going on then? A We had opened up the position after the

basketball season. That was early March. By that time, we felt we had three qualified candidates to interview.

Q Had you had any conversation with Jason about his eligibility for the position?

A Yes. Q Were you aware that he was interested? A Yes. Q Had you made any representation where he

stood or where things might go? A I encouraged him to go through the

process and at that time we had several discussions with John Hurley that -- not knowing who the other candidates were, everything being




6

7

8

9

10

1 equal. He wanted Jason to be the assistant coach 2 and I was all for that. I am a believer that a 3 head coach should have the final say or at least 4 some say in who his assistant is. 5 Q When you say "everything equal", what

are you referring to? A Well, you have to look at

qualifications. Q Was there a specific qualification or

types of background that you're looking for in 11 connection with assistant coach? 12 A Someone with college-age experience.

Again, at the college level, a plus would have been a previous coaching position or playing at different level, that being college level or

16 professional level. Internally, my personal feeling is I look at A: basketball which is select good quality coaching and recruiting, knowing people in the area.

Q Were these qualifications prioritized? In other words, did you say you were looking for a specific person for specific qualification or experience was preferred?

A I believe in our ads in the paper or the

13

14

15

17

18

19

20

21

22

23

24




1 website was college-age experience was one of the 2 things required, but I am not sure about 3 everythi ng else. 4 Q Let me go back — where was the ad 5 posted? 6 A On the UC website, JobsatUC.com. It was 7 in the j obs and athletics website called "Jobs and 8 Athletics", and beyond that, I am not sure. 9 Q Who determined the list of

10 qualifications? 11 A The list of qualifications? 12 Q Yes. 13 A I am not sure. 14 Q Did you have any input into that? 15 A No. 16 Q Did John Hurley? Let me rephrase the 17 question Who decided what the qualifications 18 would be for this position? 19 A Those were determined before I got 20 there. 21 Q Any specific discussion about what you 22 were loo king for in this year for the 2007/2008 23 team? 24 A As individuals or —


http://JobsatUC.com



I

Q 2008 or 2009? j A As a committee? j Q Yes. Did the committee make any f

specific decisions about what the qualifications I for this candidate needed to be? j

A I do not believe there was anything said | specific except for college-age, someone with 1 experience -- with college-age experience. A plus j would have been if they had college coaching j background or college experience background. |

Who drafted the ad, if you know? | I am not sure. ! You did not? I No, I did not. j (Plaintiff's Exhibit 3 marked for j identification.) I Mr. Sullivan, you have been handed j

18 Exhibit 3. Can you identify this exhibit for us j 19 please? j 20 A This is the posting that goes on the j 21 jobs at UC website. I 22 Q Is that the posting for the assistant ) 23 coaching position? j 24 A Yes, it is. I


11

12

1 3

14

15

16

17

Q

A

Q

A

Q



7

10

11

1 Q I see you are listed as the supervisor 2 for this position? 3 A Yes. 4 Q There is a question here about 5 under-utilization; are you familiar with that? 6 A I am familiar with under-utilization.

Q What does that refer to? A The way I understand it, if you are

hiring in a position and it is under-utilized, whether it be some type of minority, either female or African-American.

12 Q According to this document 13 African-Americans were under-utilized in the

department's job cluster. I am on page 3. A Yes. Q What does that mean that they are under

utilized? Explain to me as best you understand it?

A The way I understand it, for this position which is assistant coach minor sports,

21 men's basketball, that African-Americans are 22 under-utilized in that position.

Q Were you seeking to hire an African-American for that reason?

14

15

16

17

18

19

20

23

24




1

3

4

5

6

7

8

9

10

11

A No.

2 Q You were looking to hire the best qualified?

A Yes. Q Then the position description: "To

assist coaching, attend state tournaments, set up for home games, drive the school van for trips"; that is not something that you prepared?

A No. Q Same with the job description below the

position description? 12 A Yes. 13 Q And the minimum qualification

were "basketball coaching experience, experience with working with college-age students, valid driver's license and experience with supervision and leadership." I do not see here any reference to college coaching or playing experience; is that

19 correct? 20 A Correct. 21 Q It is enough an individual might have 22 basketball coaching at a high school level or some 23 other amateur sport?

A Yes. That is enough to get them an

14

15

16

17

18

24




{ .

1 interview * 2 Q What is kind of experience in working 3 with coll* sge-age students? Would that be 4 teaching, supervising, working as a college-age 5 student? 6 A The way I understand it is coaching 7 camps, AU basketball, anything. You could be 8 doing summer camps -- lot of high school coaches 9 do summer camps at local colleges.

10 Q Summer basketball? 11 A Yes. 12 Q Is that what you meant? 13 A Yes. 14 Q On a basketball level? 15 A Yes. 16 Q This job was posted on -- according to 17 page 4 — May 2, 2008? 18 A Yes. 19 Q Now, if someone were responding to this 20 posting, what would be the application process? 21 How would that work? 22 A They would go to -- if they found it 23 somewhere other than UCj obs.com, they could get an 24 application and mail it to me. Through




j 1 JobsatUC. com, you fill it out online and I have j 2 the ability to go in and look at who has applied, j 3 Q Do you screen out people? j 4 A No. I print everyone's off and look at j 5 them thoroughly. 1 6 Q You look at them? j 7 A Yes. 1 8 Q You said a couple other people were | 9 involved in selection? )

10 A Yes. j 11 Q Mr. Hurley, the coach? | 12 A Yes. I 13 Q Kim Ellison? I 14 A Correct. I 15 Q When do they get into the process? | 16 A I print them off and I make copies for 17 them and we narrow it down as a group to three. 18 Q How many applicants did you have? Do 19 you remember? 1 20 A Probably five to six. 21 (Plaintiff1s Exhibit 4 marked.for 22 identification.) [ 23 Q I have asked that you look at Exhibit 4 24 which again, are some e-mail messages. Some of J





9

10

Page 3 9 1 the messages appear to be between you and Mr. 2 Moberly. Do you recall these communications? 3 A Yes. 4 Q The three pages in connection with 5 Exhibit 4, the first communication appears to be 6 from Jason to you dated May 6, 2008. Jason said 7 he tried to apply for the position and explains, 8 "I can't withdraw my application even though it

was cancelled. Do you want me to print out a cover letter?" What is your understanding what

11 that is about? 12 A The previous year when we were talking

about him applying for the job, before we realized from a time standpoint we need to go through a temp service, he went online at the time since the' position was still open and applied. When he went on in early May he could not reapply for the same position at that time.

19 Q What had to be done for him to be 20 considered? 21 A We needed — Nancy Raveal had to go in

and open that position back so he could get back in -- you can't apply for the same position twice. The website will not let you.

13

14

15

16

17

18

22

23

24




Page 4 0 1 Q Why is that? 2 A I am not sure. 3 Q Is that technological thing or some 4 policy? 5 A I am not s u r e . 6

7

8

9

10

11

12

14

15

18

19

20

21

22

23

24

Q You1re not aware of any policy that prevented Jason for applying for and being interviewed for and accepting the position?

A No. Q This e-mail, the second e-mail on the

the first page of Exhibit 4 appears from you to Jason informing him that the position is on the

13 website? A Yes. Q That is the same day you posted it?

16 A Correct. 17 Q Second page appears to be from you to

Jason saying things had gotten straightened out on the website —

A Correct. Q — and he can apply. Now on the third

page, this is May 20, you write to Jason saying, "You were paid through a temp service last year, so in the eyes of the University there was




r

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1 no assistant coach. I have to wait until there

are three applicants, which I have now, and get through this quickly." Why were you saying that?

A Well, in the previous e-mail, he 5 e-mailed me and said, "I can't believe I have to

interview for a position that I have. Is this a typical thing every year? Do I have to do this again if I get the position?" I was just explaining to him that we pay him through a temp service so he was not a University employee --officially on the website — through the — officially he was not the assistant basketball coach and just to hang tight and we will get him through the process.

Q Does Mr. Hurley have to apply each year? A No, he does not. Q Why is that? A Once you are hired, you do not have to

apply anymore. And Jason will not have to apply this year. Jason was not on -- he had not done a background check. He was through the temp service.

Q The reason he had to apply was to get the background search done?

WWW.CINTELCORPORATION.COM E-Mail [email protected] 5c383fT3-157a-414f-991f-3feea6bd138e




f A That is part of it and so we could pay \

him through the University. I Q Assuming -- so I understand this I

clearly, in - the ordinary course of things, if an 1 individual is hired for assistant coach in the j typical hiring process, the following year he or j she need not be interviewed? j

A Correct. j Q Just rehired without going through the i

background check or interview process? j A Correct. j Q In connection with Jason, however, he j

was not hired in the ordinary course, he served j the same function — is that correct — as j assistant coach? j

Yes. I Performed the same duties? } Yes. I Same conditions and standards? I Yes. \ As a person ordinarily hired? j Yes. 1 Next year comes up and you want to hire j

24 through the ordinary process, are you looking for j

WWW.CINTELCORPORATION.COM E-Mail CINTELCOSGMAIL.COM 5c383ff3-157a-414f-991f-3fieea6bd138e

16

17

18

19

20

21

22

23

A

Q

A

Q

A

Q

A

Q



1 anything other than background information to 2 clear him or are you looking for something extra 3 because it is a new hire? 4 A I was not even looking for background.

It is my understanding that is policy since the position is open, you have to do the search. We have had to do it for other sports.

8 Q Were you looking for anything other than 9 the background for Jason or does he automatically

have to be thrown into the mix with everyone else? Do you follow me?

A He had to — that is why I sent this e-mail the day it came out to apply for the position. As part of the process, we have to do it.

Q Now, let's go back to Mr. Hurley1s 17 affidavit which is Exhibit 2. Now, we have got to 18 the point were we know the search committee has

three persons: you, Kim Ellison and the coach. He goes on to say, "We interviewed several candidates for the position, including Jason who was assistant coach in the previous year." Did you

23 interview just three you said? 24 A T h r e e .

10

n

12

13

14

15

16

19

20

21

22

WWW.CINTELCORPORATION.COM E-Mail [email protected] 5c383ff3-157a-414f-991 f-3feea6bd138e




... Page 4 4 j

1 Q That was Melvin Levett, Keith Starks and | 2 Jason, correct? | 3 A Yes. j 4 Q Levett and Starks both played basketball j 5 at UC? j 6 A Yes. 7 Q Either one of them ever coached before? 8 A Melvin Levett was assistant coach at 9 Miami/Middletown and Keith Starks was AAU coach.

10 Q It says on page 2 of the affidavit, "We 11 all believed Moberly was most qualified person for 12 the job." Is that accurate? 13 A He was as qualified as everyone. He was 14 our choice. 15 Q Among the three? 16 A Yes. I 17 Q This is paragraph three: "Shortly after 18 his interview, Mr. Moberly notified me he 19 contacted Karen Fairborne, vice-provost for 20 academic personnel at UC main campus regarding his 21 concern about 'institutionalized racism1 at UC 22 Cle. cmont." j 23 Did you have any knowledge of Mr. 24 Moberly contacting Karen Fairborne concerning what




3

4

5

6

7

8

9

10

11

Page 4 5 1 he viewed as institutionalized racism of UC 2 Clermont?

A I was not aware the person he notified, but we talked several times that he was going to do something.

Q You and — A Jason. Q Prior to May? A Yes. Q Tell me what was on his mind and what he

communicated to you, how you knew it was on his 12 mind. 13

14 A He felt that some of the athletes,

African-American athletes were treated different 15 and he wanted to be their voice and he was not 16 getting heard at Clermont so he was going to the

main campus. Q Did he tell you in what way they were

not treated fairly and properly in his view? A Not in specifics. Q Did you question him closely? A Not about his opinion. I questioned --

there was great issues that I dealt with directly, but I deal with those all the time with all

17

18

19

20

21

22

23

24

WWW.CINTELCORPORATION.COM E-Mail CINTELCOSGMAIL.COM 5c383ff3-157a-414f-991f-3feea6bd138e



Page 4 6 1 athletes 2 Q Was there, in your view, any validity to 3 Jason's concerns about how African-Americans were 4 treated on campus? 5 A Not African-Americans. 6 Q Athletes in general? 7 A Yes. 8 Q How so? What is your view? 9 A It was — athletics at UC Clermont has

10 exploded and it is a work in process, it is 11 growing. We are trying to get all employees that 12 have to deal with each student on base. There is 13 a lot more work to do as far as checking 14 eligibil ity and seeing advisors sooner than later, 15 study tables for all athletes and we have worked 16 through that. 17 Q Did you respond in any way to what Jason 18 was expressing to you about his concern for 19 African-American athletes? 20 A No. 21 Q Did you think he was sincere? 22 A Yes. 23 Q Did you encourage him to take any action 24 or sugge st he do anything?





f

3

4

5

6

7

8

9

10

11

Page 4 7 1 A No, not take action. I did — with the 2 stuff that I knew was valid, to all athletes. I

took and ran with it at that point. Q The thing that you -- let me be clear.

What were the specific items that you thought were problems specific to athletes on campus?

A Getting athletes into particular classes that they needed in the season in order to travel and not miss class time. Getting them into a learning center, structured learning center, seeing an advisor in timely fashion, which we have

12 all since worked on. 13 Q You indicated a moment ago that Jason

said he tried to get reaction or response or assistance for African-American student athletes, but it had not happened. Did he relate to you what efforts he made or who he had spoken to?

A Not specifically, no. Q Now let's go to the second sentence on

the paragraph three of Mr. Hurley: "Mr. Moberly told me he spoke to the UC equal opportunity office"? Did you have any knowledge of that?

23 A Not until George Wharton called me. Q Do you know when that was?

14

15

16

17

18

19

20

21

22

24




/

9

10

Page 4£ 1 A I can't be sure. 2 Q What did Mr. Wharton say to you? 3 A He wanted to know -- two different 4 instances. One, I believe the incident he called 5 me about was not the first incident, it was the 6 second one that the basketball team was practicing 7 one day in the student activity center and my 8 student worker, which is a white female, there was

a cell phone missing -- and picked up a phone or picked up a bag which she felt the phone may have

11 been there on the bleachers. And Jason came to me 12 saying he felt that we were accusing the

African-American of stealing the phone during the practice and had actually gone to me and told me

15 about it. I believe he had -- I do not know if 16 Jason did, but the individual involved spoke to 17 Ann about it and Kim about it. And we called the 18 student in and I talked to the student and his

answer was he did not feel that way but Jason wanted him to make that complaint to get it out there to keep this -- so he could help them — so Jason could help them.

Q Let me parse that out. There was a situation involving a missing cell phone?

13

14

19

20

21

22

23

24




Page 4 9 1 A Yes. 2 Q At the student activity -~ 3 A — center. 4 Q Where the team plays basketball? 5 A Yes. 6 Q Whose phone was missing? 7 A Just a girl on campus. 8 Q She had said, "My phone is missing"? 9 A Yeah. "Has anyone seen my phone?"

10 Q Someone had picked up a gym bag? 11 A The student worker at the time. 12 Q Who is that? 13 A Tonya Henderson. 14 Q She worked for you? 15 A Yes. 16 Q Ms. Henderson picked up a bag? 17 A There were jeans and bags on the 18 bleachers She asked where was she was sitting. 19 She said, "I was here", and she kind of picked up 20 some bags to see if the phone was there and if the 21 team had set a bag on top of it and it was an 22 acci dent. Just looking for the phone. Not in the 23 bags . Ju st picked it up sat it down. 24 Q What was she doing with the bags?





] Page 5 0

1 A Just picked it up and it was not there. 2 Q And who complained that this might be 3 problemat ic? 4 A Jason. 5 Q Jason said they felt it perhaps was — 6 A We were accusing African-Americans of 7 stealing. 8 Q You spoke with, I guess your worker? 9 A Yes.

10 Q And that was cleared up? 11 A Yes. When I spoke to the individual who 12 was accused as well, Seth Steele. 13 Q He was accused of what? 14 A It was his bag that was picked up, so 15 they were kind of -- in Jason's eyes -- accusing 16 him of st ealing the phone. 17 Q Mr. Steele is African-American? 18 A Yes. 19 Q So the matter was cleared up? 20 A Yes, it was. 21 Q You said there was a second instance? 22 A I did not -- I knew Jason told me he was 23 going to speak to George Wharton, but George 24

1 Wharton never contacted me. This time he did.

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-1 S7a-414f-991 f-3feea6bd138e



1 1 Q So, as I understand it, Jason informed 2 you on two occasions that he had registered a 3 complaint to Mr. Wharton? 4 A Just the one, the first occasion. 5 Q When was the first occasion? 6 A That was probably in — I will say 7 December. 8 Q Of? 9 A '08.

10 Q Do you remember what that concerned? 11 A No, I do not. 12 Q There was something that happened -- how 13 did Jason come to you and say, "I am going to 14 Wharton" — or "going to Wharton about this 15 situation '; do you remember the context? 16 A No. 17 Q But you know sometime in or about 18 December f08 Jason came to you and told you he had 19 gone to Mr. Wharton about another matter? 20 A Not specifically. I knew he had gone to 21 George Wharton, but he did not tell me the matter. 22 Q Did he tell you why he went to Mr. 23 Wharton? 24 A No.

WWW.CINTELCORPORATION.COM E-Mail [email protected] 5c383ff3-157a-414f-991f-3feea6bdl38e



CIN-TEL CORPORATION PH. 513-621-7723 EX. 513-621-6558

1

1 Q Did you ask him? 2 A No. 3 Q Do you remember the context of that 4 conversation; why he was even telling you? 5 A John and Jason and myself at basketball 6 practice and I was standing there and they talked. 7 Q Jason mentioned he had gone to Wharton? 8 A Yes. 9 Q You do not know when?

10 A No. 11 Q You did not hear from Wharton? ,12 A No. 13 Q The first time you heard from Wharton 14 was with the gym bag? 15 A Yes. 16 Q How long after was that? 17 A Quite a while later. 18 Q A month? 19 A Couple months. 20 Q Did Wharton ask you about anything other 21 than the gym bag incident? 22 A I canft recall. It was a quick phone 23 call • 24 Q He never seek to meet with you?

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383fF3-157a-414f-991f-3feea6bd138e



1 A No. 2 Q Did he take a statement from you? 3 A No. 4 Q Do you remember questions he asked? 5 A Just if I knew anything about what 6 happened at the student activity center. 7 Q How long did you speak to him, would you 8 say? 9 A Five minutes.

10 Q That was the end of it? 11 A Yes. 12 Q Did you ever speak to Karen Fairborne 13 about any of the institutionalized racism? 14 A No. 15 Q Or anyone else? 16 A No. 17 Q Okay. Let!s go back to Mr. Hurley's 18 affidavit Before we do that, let me show you 19 Exhibit 5 -20 (Plaintiff's Exhibit 5 marked for 21 identification.) 22 Q Exhibit 5 appears to be e-mail from 23 Jason Mob erly to you dated 12/10/08. Are you 24 familiar with this document?




1

1 A Yes. 2 Q You remember receiving this? 3 A Yes. 4 Q Do you remember the circumstances which 5 you came to receive this? 6 A Yes. 7 Q Tell me what that is. 8 MR. HOYING: Objection. This is 9 long after the lawsuit was filed. I do not

10 need to object to every question, but it does 11 no relate to anything in the retaliation 12 complaint. 13 Q Can you tell me what you recall about 14 the context you received and read this e-mail? 15 A I received this e-mail a few days after 16 there was a confrontation between Jason Moberly 17 and Kim Ellison at the student activity center 18 about following the chain of command. 19 Q Tell me about that? 20 A I am not sure what it was about, but it 21 had to do with following the chain of command. 22 Q Did you witness the incident? 23 A Yes. 24 Q Tell me what you heard or saw.

WWW.CINTELCORPORATION.COM E-Mail CINTELCOSGMAIL.COM 5c383ff3-157a-414f-991 f-3feea6bd138e



5

6

7

8

9

10

1 A Kim came up prior to practice, around 2 4:00 in the afternoon or something. There was a 3 — Kim confronted Jason about he needed to follow 4 chain of command in order to get things done and

this was follow-up the next day from Jason. Q Did you have any conversation with Jason

prior to receiving this e-mail about this matter? A No. Q But you are familiar with the subject

matter of he was talking about in this e-mail? 11 A The chain of command? 12

13

14

I

20

21

22

23

24

Q Yes. A Yes. Q What do you understand the

15 chain-of-command discussion concerned? 16 A Again, I am not sure about that 17 particular incident, but it -- that I believe

Jason had gone to John Hurley about something 19 instead of me or Kim on the chain of command, and

things had gotten very cloudy, so Kim was reminding him to go through the chain of command.

Q Do you remember the issue? A No, I do not remember. Q He says in here, little past midway,





10

n 12

13

14

15

16

17

18

19

20

21

22

23

24

Page 5 6 "All I wanted to do was help with a student

athlete. I will continue to discuss things with 3 Coach Hurley, but from now on I will include that

in every e-mail I send. However, I did not discuss this e-mail with him. I was wrong when I thought because Brian was there that anything with student athletes go through him. I thought I was doing my job to help kids come to me for help." I do not need to read the rest of it. Is there something that Jason brought to your attention that Kim thought should have been brought to her attention first?

A Just by reading this, I do not know if this was the actual situation, but a lot of times there is advising going on in the coaching ranks to students. And a lot of times they are told wrong or inaccurate information. Just going by what you read, I do not know this particular incident, I cannot recall, but maybe academic advising or advising a student in the classroom or out of the classroom and they went to Coach Hurley and Coach Hurley okayed it.

Q You do not remember what Coach Hurley okayed?




A No.

Q You do not remember if Jason came to you first before he went to anyone else?

A I do not recall, no. Q It is accurate, is it not, under the job

description that Jason's supervisor was you? A Yes. Q If he had concerns involving his job or

matters on campus, that would be appropriate to come to you?

A Yes. Q Now, go back to Mr. Hurley1s affidavit,

paragraph 4, page 2: "Following the completion of the interview process for the assistant coaching position but before it was offered to anyone, I participated in a conference call with Mr.

17 Sullivan and Ms. Ellison." Is that statement 18 accurate?

A The position was offered when we made the conference call to him.

21 Q Tell me how this was done. How was the 22 interview process conducted and how that worked?

A Myself, Kim Ellison, John Hurley were on

i

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

19

20

23

24 the committee and interviewed Melvin Levett, Keith





i 1 Starks and Jason Moberly. Shortly after that, j 2 within a couple days, we just happened — it was j 3 time for their evaluations. We brought John j 4 Hurley in for his evaluation. That day, which did { 5 not go very well, but after that evaluation was j 6 over we stuck around for a few moments and we j 7 decided amongst our group that Jason Moberly would 8 be the candidate we would recommend. j 9 Q All three of you?

10 A Yes. j 11 Q Including Kim Ellison? 12 A Yes. 13 Q What was it about Jason's application 14 that made him the preferred candidate? 15 A The biggest thing in my mind, he had 16 been there for a year and was familiar with the 17 program and John wanted him. There was no reason IS at that point to make a change. 1 19 Q Did Kim Ellison express any preference [ 20 for anyone else? i 21 MR. HOYING: Objection. 1 22 Q At any time? You can answer. 1 23 A Not that I am aware of, no. 24 Q Did she ever express the belief that \





7

8

9

10

11

12

13

14

15

16

17

18

because Keith Starks coached overseas he had a leg up on Mr. Moberly?

A No. Not at that meeting. 4 Q Some other time did she? 5 A Yes. 6 Q When was that?

A After that meeting, Kim had either --somehow contacted Keith Starks. Melvin Levett was out of the process because he had taken another position. All we had was applications, to follow up on any kind of -- anything else he had to offer. At that time he said he had played basketball for the Boston Celtics, played overseas, which gives him a lot of credibility at that point. He played -- he was good friends with Mick Cronin and very familiar with the UC basketball program. Within a couple days after that, we had gotten together with Kim and myself

19 and that is where the conference call came in. 20 Q Let me get the sequence of events. 21

22

23

24

Following the process of -- the interview process for assistant coaching position, you are saying following this evaluation of Mr. Hurley, the three of you decided to stick around and deal with




1 [

1 selection of assistant coach? [ 2 A Yes. j 3 Q All three were still in the mix? 4 A At that point, yes. 1 5 Q Levett, Starks, Moberly? 6 A Yes. 7 Q All three of you decided the consensus j 8 candidat e was Moberly? 9 A Yes.

10 Q Now, was it offered -- was the job then 11 offer tc — when was the job offered to Mr. \ 12 Moberly following the meeting with Coach Hurley? 13 A The job was never offered to Mr. 14 Moberly. :

15 Q The three of you come to a decision? 16 A To recommend. : 17 Q Who did you recommend him to? ] 18 A Now it goes to Ann Appleton and the 19 dean. : 20 Q So the three of you came to a decision 21 that Jason would be recommended to Ann Appleton i 22 and the dean for hire? 23 A And I am not sure who else. 1 24 Q He did not know — after that meeting he l




did not know he had been the preferred candidate?

A No. Q You said you participated -- Hurley says

he participated in a conference call with Sullivan and Ellison before it was offered to anyone. That statement is accurate, correct?

A No. We spoke to John Hurley on the conference call. That position had already been offered to Keith Starks.

Q Now I am confused. After the meeting with Hurley — would that be June 9th? Let!s do

12 this, let's take a break because I am confused. (Whereupon a short recess was taken.)

Q Mr. Sullivan, I understand from your attorney you may want to clarify a previous answer.

A Yes. 18 Q What is that?

A In regards to George Wharton. There was a first incident that I spoke to him. He called

21 me based on the interview and our conversation 22 with John Hurley, speakerphone conversation with

John Hurley. That is when Jason reported to Mr. Wharton that felt he did not get the job for

I

2

3

4

5

6

7

8

9

10

11

13

14

15

16

17

19

20

23

24




9

10

14

15

16

17

18

19

20

21

22

23

24

retaliation. And Wharton was investigating it. George Wharton actually came to campus, but I was on vacation but I did speak to him on the phone. His question to me — the brief conversation on the phone — was just that "What did Kim say the reasoning was?" or "Why Jason may not want the job

7 anyways?" Q So, did you respond to Mr. Wharton? A Yes. Q What did you say?

11 A I told him what Kim said. 12 Q What did Kim say? 13 A After John calmed down that Jason didn!t

get the job and felt he had been stabbed in the back, the head coach not being able to hire his assistant. He said, "Well, I hope you guys know you have a lawsuit coming out of this." At one point, Kim!s response was "Why would Jason even want to work here if he is that upset about everything that is going on?"

Q Is there anything else you want to clarify?

A That was in -- probably my conversation with George Wharton probably happened in early

WWW.CINTELCORPORATION.COM E-Mail CINTELC06GMAIL.COM 5c383ff3-157a-414f-991 f-3feea6bd138e



1 July. The reason I missed him on campus, I was on 2 vacation in late June. 3 Q So let me — 4 A He came to campus and met with several 5 other people that day. 6 Q After the break, you now recall that you 7 had two conversations with Mr. Wharton? 8 A Yes.

Q The first is July f08? A Yes.

11 Q And the second was when? 12 A December. 13 Q The December conversation concerned the

bag? A The duffle bag. Q The July conversation concerned the

allegation by Jason he did not get the job for personal reasons?

A Yes. Q Did Mr. Wharton come to you on that

9

10

14

15

16

17

18

19

20

21 occasion? 22 A No, I spoke on the phone both times. 23

24 Q How long did you speak to him? A Again, five minutes, ten minutes.




CIN-TEL CORPORATION RH. 513-621-7 723 FX. 513-621-6558

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1 Q Did he ever present a statement for you 2 to review?

A No. Q Did he tell you when he received this

complaint of Mr. Moberly? A No. Q Had Mr. Wharton not called you, would

you know Mr. Moberly filed this complaint? A No. Q Did you ever speak to Jason Moberly

following your conversation with Mr. Wharton the first time?

A Concerning that particular incident? Q Yes. A No. Q We will go back. Go to paragraph 4 of

— go through this. We are back on Exhibit 2, which is the Hurley affidavit. I am looking at paragraph 4, Mr. Hurley states, "Following the completion of interview process for assistant coach and before it was offered to anyone, I participated in a conference call with Mr. Sullivan and Ms. Ellison." Do you agree there was conference call among yourself, Ms. Ellison and

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a~414f-991f-3feea6bd138e



5

6

7

8

9

10

11

12

13

14

15

16

17

18

1 Jason Moberly and John Hurley? 2 A Yes. 3 Q "In that conference call Ms. Ellison 4 indicated that the purpose of the phone call was

to inform us that Mr. Moberly was not going to be hired." Did Ms. Ellison, in the course of that phone conference, the purpose was telling you Moberly was not going to be hired?

A Yes. Q And that Hurley asked for the reason for

her decision. Do you remember him doing that? "Why is that Kim?" or words to that effect?

A Yes. Q "Then Kim told him over the phone that

Moberly would not be hired because, in effect, he complained to the officials on the main campus regarding institutional racism at UC Clermont affecting African-American athletes." Is that

19 what she said? 20 A No. 21 Q What did she say? 22 A She said that when John said how upset 23 he was about it and there was going to be a 24 lawsuit — "You have a lawsuit coming" is how he




10

13

14

15

16

17

18

19

23

24

put it. And Kim said, "Well, why would Jason want to work here if he is that upset about everything

3 going on?" Q You have agreed — let me back up. You

have agreed that Kim Ellison said that she was not going to hire -- Moberly would not be hired and John asked her why. What was her response to that

8 question? Why was it, according to Ms. Ellison, 9 that Moberly would not be hired?

A She had gone back and found more 11 information about Keith Starks and his experiences 12 and with it being an under-utilized position and

everything being equal, Keith Starks is the one to be hired.

Q This was a change, was it not, from what had been decided among the three of you following the Hurley evaluation conference?

A Yes. Q That was on June 9th, I believe?

20 A Thereabouts. 21 Q As of June 9th Moberly was the preferred 22 candidate?

A Yes. Q And he was going to be recommended?





1 1 A Yes. 2 Q I am assuming this conference call is 3 taking Pi ace June 23rd. Ellison is telling you 4 and Hurle y for the first time that Moberly would 5 not be hired, correct? 6 A I knew — we called Keith Starks prior 7 to call in g John. 8 Q Who had? 9 A Me and Kim to offer him the position.

10 Q When did you and Kim call? 11 A That morning, just minutes before we 12 called John. 13 Q On the 23rd? 14 A I am not sure. 15 Q So on the 23rd you and Kim placed a call 16 to Keith Starks? 17 A Correct. 18 Q The reason for that was what? 19 A My reasoning was to see if he was even 20 intereste d in the position. 21 Q Why is that you were calling Keith 22 Starks on June 23rd? 23 A To offer him the position. 24 Q Why did you offer him the position?




1 1 A Because Kim followed up with some 2 information and had his playing experience and his 3 ties to the University of Cincinnati. 4 Q Kim told you she preferred to hire Keith 5 Starks? 6 A Yes. 7 Q Is that the first time you heard that? 8 A He was at the top, a quality candidate. 9 Q My question is more narrowing than

10 that. 11 A Okay. 12 Q My question is: Is the first time that 13 you heard that Kim Ellison wanted to hire Keith 14 Starks on the morning of June 23rd? 15 A Yes. 16 Q She told you because she had more 17 information about him? 18 A Correct. 19 Q And the information she had gotten about 20 Keith Starks was that he had coached overseas? 21 A Played. 22 Q And when you got of bed on morning of 23 June 23rd , before you went to the meeting and had 24 your firs t cup of coffee or whatever you do, was




5

6

7

8

9

10

11

12

13

14

1 it your understanding Mr. Moberly was still the 2 preferred candidate? 3 A At that time, yes. 4 Q When Kim called you and she had a new

take, that was still your understanding? A Yes. Q Did she tell you why — did she suggest

you and she place a call to John Hurley and say she decided to go a different way?

A Yes. Q Did you place a call to John Hurley? A After we placed a call to Keith Starks,

yes. Q Even before asking Hurley if he wanted

15 Starks to be his assistant coach? 16

17

18

A Yes. Q Isn't that — for lack of a better term

— irregular that you would select an assistant 19 coach without even checking with the head coach as 20 to whether that was in keeping — 21 A Yes. 22 Q Is that correct? 23 A Yes.

Q Did you suggest that to Kim Ellison? 24

WWW.CINTELCORPORATION.COM E-Mail [email protected] 5c383ff3-157a-414f-991 f-3feea6bdl 38e




Page 7 0 1 A Yes. 2 Q What did she say? 3 A Based on what she had learned and the 4 fact it was an under-utilized position and we all 5 agreed at the first interview that there was not 6 much difference between Keith, Jason or the other 7 candidate — but the other candidate was out of 8 the picture at this point so it only left two

candidates — with everything being equal, this is the way they felt they had to go.

Q It was an under-utilized position, and would you agree on June 9th, when the three of you

13 discussed the three candidates, two of them were 14 African-American and the decision to select 15 Caucasian, it was still under-utilized position, 16 correct?

A Correct. Q At that point, that it was

under-utilized position was not mitigating in favor of Mr. Starks or Mr. Levett, correct?

A Correct. Q So, what tipped the balance is what you

23 are telling me — strike that. What tipped the balance in your view in favor of Starks?

9

10

ii

12

17

18

19

20

21

22

24




1 A The fact — the experience that we 2 uncovered playing overseas, playing professional 3 basketball and relationship with the town campus. 4 Q How did you uncover that? 5 A Kim spoke to him on the phone. 6 Q Did Mr. Starks provide that information 7 in his application? 8 A It was not on his application that we 9 had in the interview.

10 Q He played overseas? 11 A Played, yes. 12 Q Not that he coached, he played? 13 A Yes. 14 Q All his coaching experience had been 15 fully revealed and laid out in his application? 16 A From what I am aware of. 17 Q You know he played UC basketball? 18 A Yes. I know him very well. 19 Q So the fact he played overseas, what is 20 it about playing overseas that makes that 21 experience valuable on the UC Clermont campus? 22 A I am not sure. I look more to 23 professionalism than to overseas. 24 Q Is there any reason -- assuming this is





interesting and good credentials, Kim Ellison is touting this individual as preferred candidate, is there a reason you did not place a call to Coach Hurley before you offered the position to Starks to see whether he was interested in the position?

A No. Q You do not know why or do you know why? A I do not know why. Q Now, did you know at that point on the

morning June 23rd that sometime prior to June 23rd that Jason Moberly had registered complaints to

12 either Wharton or Karen and someone at the UC 13 administration? 14 A I knew he had complaints. I knew as far 15 back as basketball season. 16 Q Did you know he had taken those

complaints to the administration by the morning of

I

2

3

4

5

6

7

8

9

10

11

17

18 June 23rd? 19

20

A Sure, ye s . Q Did Ms. Ellison know that?

21 A I am not sure. 22 Q When she said "He is not happy here", 23 was that her statement?

A Yes, something to that effect. 24




9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1 Q Kim Ellison's view as she expressed 2 them, why was that? 3 A He made comment over the whole 4 basketball season about different things going on. 5 Q He knew he wanted to be the coach? 6 A Sure. 7 Q And you knew he wanted to be the coach? 8 A Sure.

Q So, just so I am clear, I will ask again, I do not know if I received an answer. If I did, I apologize if it!s in the record. According to Hurley, he asked Kim the reason for her decision to go with Starks, and she said Moberly would not be hired because he complained. As you recall, what is it that Ellison said to Hurley on the phone in that conference call in response to Hurley's question why?

A Something to the effect, John said, "You know there's a lawsuit coming"; and Kim said, "John, why would Jason want to be here if he is

so unhappy?" or something to that effect. Q Did you understand from that — did you

come away with that response that Kim no longer wanted to hire Moberly because he was unhappy?




Page 7 4 1 A I did not think I understood it would

not be that big of an effect on any of them because he was so unhappy of how things were going.

Q When she responded to John Hurley's question why you no longer want him to be the coach, and she said, "Well, he is not happy anyway", did you understand that to be a reference to the fact that Moberly had registered complaints?

11 MR. HOYING: Objection. You can answer. My objection is that he never testified to that. I think your question was whether or not in response to Hurley's --Q Let me rephrase it.

2

3

4

5

6

7

8

9

10

12

13

14

15

16 MR. HOYING: That is not what he 17

18

19

20

21

22

24

testified to. Q Let me go back. At some point in the

phone conference, John Hurley says to Kim Ellison — does he not ~- "Why have you changed your

mind? Why do you want Starks instead of Moberly?" A Yes.

23 Q That question was asked of Kim? A Yes.




1 Q Kim made a reply, correct? 2 A Correct. 3 Q I understand that reply from your 4 testimony to be, "Well, why would Jason want to be 5 here anyway? He is unhappy" or something to that 6 effect? 7 A That is after the fact he was playing 8 for the Boston Celtics and playing overseas and 9 his relation with UC.

10 Q Then she said? 11 A Then he said, "You will have a lawsuit 12 coming out of this"; and she responded something 13 to the effect, "If he is that unhappy, why is this 14 — big of a blow" or what "If he is unhappy, why 15 would he want to be here?" 16 Q Any further conversation? 17 A Not that I recall. 18 Q Did you have any conversation — what 19 you are saying, Mr. Hurley's statement isn't 20 correct? 21 A Yes. That wording is incorrect. 22 Q Have you discussed this affidavit with 23 Mr. Hurley? 24 A No.




Page 7 6 1 Q Did the final paragraph 4 — strike 2 that. He goes on five lines from the bottom of 3 paragraph 4 of affidavit, "She" — meaning Ellison 4 — "stated she had obtained additional 5 information about another candidate for the 6 position which reflected he played professional 7 basketball overseas and said this is additional 8 reason of selection of another candidate." You 9 heard Ellison say that; is that correct?

10 A Yes. 11 Q That part is correct? 12 A Yes. 13 Q Then it goes on to say, "I, in turn, 14 explained my belief that overseas play had no 15 apparent relevance to the assistant coaching 16 position." 17 A Yes. 18 Q Did you hear Hurley say that? 19 A Yes. 20 Q So the only part that you disagree is 21 him attributing Kim Ellison saying that Moberly 22 would not be hired because he complained to 23 officials on UC campus, correct? 24 A Correct.

WWW.CINTELCORPORATION.COM E-Mail [email protected] 5c383ff3-l57a-414f-991f-3feea6bd138e




1 I 1 Q So, how did that conference call [ 2 terminate 5? ? 3 A I can't recall. Rather abruptly I am j 4 sure. i

5 Q Were you sitting with Hurley at that | 6 point? : 7 A No. 1 8 Q Where were you? 9 A In Kim? s office. [

10 Q You were with Kim at that point? 11 A Yes, on a speakerphone. 1 12 Q Did you every speak with Hurley about 13 what had taken place in that conference call? 14 A Not specifics. 15 Q Generalities. Did he ever say anything 16 to the e ffect that Kim had stated basically that 17 because Jason had gone downtown, he was not going 18 to be hi red and that is how Hurley saw it? 19 A No. We did not talk about it. We did 20 talk about -- as I stated early on, the head 1 21 coach, I feel the head coach should have a say in 22 the assistant, but that is not the way it went, 23 Q So after this conference call, what 24 happened with the coaching position? I




{ 1 A I began to contact Keith Starks on j 2 multiple occasions. Did reach him to get the j 3 process s tarted to get his social security and ! 4 birthday. Then I called again multiple occasions 5 with no response at all. Until we resorted to 6 weeks out , and sent him certified letter saying 7 that "If you do not respond to this letter, we [ 8 have to assume you do not have interest in the 9 position anymore and will be closed up." And he

10 still has not responded to this day as far as I 11 know. \

12 Q What was done with the coaching 13 position? < 14 A At the time it was offered to Jason 15 Moberly. |

16 Q Did he serve in that capacity? 17 A Yes. 18 Q How did he do? 19 A Fine. 1 20 Q What is his status now with respect to l 21 the coach ing position? 22 A He is assistant men's basketball coach. 23 Q Through what period? 24 A There is no period. [




Page 7 9 1 Q In 2009/2010 will he serve in the

capacity if he wants? A Yes. Q Does he need a background check? A No. Q Are there any conditions or

7 qualifications or considerations which now prevent 8 him from serving as a coach in the fall?

A No. Q Any background information you have to

check out with respect to --A No.

13 (Plaintiff's Exhibit 6 marked for 14 identification.)

Q Let me show you Exhibit 6. Can you identify that, please?

A It appear to be Jason Moberly's resume. Q Is that what you received in connection

19 with the assistant coaching position? 20 A It appears to be, yes. 21 Q Is that accurate, as far as you know?

A As far as I know, yes. Q Are you aware if Mr. Moberly

misrepresented any qualifications or credentials

9

10

n 12

15

16

17

18

22

23

24




j

or background information about himself? j No. I Do you know student athlete Stefan Dunn? j Yes. I Who is that? j Stefan played basketball for UC j

Clermont. He graduated in December -- sorry, last j June. j

Q June f08? I A Yes. Played for UC Clermont and was j

four-time All-American National Player of the [ Year. Very good player. I

Was he honored by the school? j Yes. j How so? j We retired his jersey. j When was that? i November of this year, at a game. I How did that — who made the decision to 1

20 honor Dunn? j 21 A Myself and Kim, Ann Appleton and the l 22 Dean McDonough. f 23 Q Was the idea to honor Dunn suggested by I 24 Jason Moberly? j


2 A 3 Q 4 A 5 Q 6 A

13

14

15

16

17

18

19

Q

A

Q

A

Q

A

Q



1 A Originally, yes. 2 Q When was that? 3 A I would say January to March '08. In 4 that time frame. 5 Q What was the initial response to that 6 suggestion? 7 A That I would take it to my superiors. I 8 thought it was a good idea. 9 Q Did anyone object?

10 A There was no objection to honoring him. 11 We just had not retired a jersey at UC Clermont. 12 We had no current credentials -- there was no 13 guidelines to retiring a jersey. There was 14 nothing to go by in that. 15 Q Do you know an individual by the name of 16 Monica Johnson? 17 A Yes. 18 Q Who is she? 19 A She is former employee that worked at 20 the student service center. 21 Q Have you ever spoken to her? 22 A Just to say "Hi." 23 Q Is she still with the University?

''

24 A No.




10

Q Do you know her last forwarding address? A No. Q Do you have access to that information? A No, I do not. Q To your knowledge, has she ever spoken

to anyone with University administration about the treatment of student athletes at the Clermont

8 campus? 9 A Not that I am aware of.

(Plaintiff!s Exhibit 7 marked for 11 identification.) 12 Q Mr. Sullivan, you have been handed a

copy of Exhibit 7 which appears to be a document entitled Staff Application with the position of assistant coach submitted by Keith Starks on or about May 15th. Do you see that?

A Yes. Q Are you familiar with this document? A I am just familiar with the first two

pages. Q Let's go to the front page, job position

-- job title is assistant coach position number. Is that the position for which you received applicants?

13

14

15

16

17

18

19

20

21

22

23

24

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a-414f-99lf-3feea6bd138e



1 A As far as I know, yes. Assistant coach, 2 minor sports. 3 Q Now, attached to that is a letter from 4 Starks "To whom it may concern." Have you ever 5 seen this document before? 6 A No. 7 Q Do you know if this was attached to this 8 application? 9 A It was not attached to the application

10 when I pulled it off, no. 11 Q Have you ever seen this at all? 12 A No, I have not. 13 Q Now, I'm assuming this is from Starks. 14 Personal interview — "I would like to schedule a 15 meeting." Did you meet with Starks at some point? 16 A Yes. 17 Q He was a candidate? 18 A Yes. 19 Q You had the opportunity to ask about 20 experience in life and experience from basketball 21 and coaching and what have you? 22 A Yes. 23 Q How long did you spend with Mr. Starks? 24 A Probably 45 minutes, an hour.

WWW.CINTELC0RP0RATION.COM E-Mail [email protected] 5c383ff3-157a-414f-991f-3feea6bd138e

http://WWW.CINTELC0RP0RATION.COM


CIN-TEL CORPORATION PH. 513-621-7723 FX. 513-621-6558.

10

li

Q Your purpose in talking was to explore

what he had done in the past? A Yes.

4 Q And who was at that interview? 5 A John Hurley, Kim Ellison and myself. 6 Q Were you careful to ask what you thought 7 to be important questions concerning credentials? 8 A Yes. 9 Q Would that include his history as a

basketball player? A Yes.

12 Q And as coach? 13

14

15

18

19

20

21

23

24

A Yes. Q Did you ask what he had done since

college? 16 A We had a list of questions. 17 Q Did you ask about after UC, "What did

you do with your basketball career?" A I canft recall. Q Is that a normal question? A Yes.

22 Q Is that an important question? A Yes. Q Given that's the position you are hiring




J : L i

i 1 for? i 2 A Yes . I 3 Q Did you ask him if he played basketball | 4 domestically since graduating UC? I 5 A I can? t recall. I 6 Q Is that a normal question? | 7 A Would be. j 8 Q Let me ask you to look at the document. | 9 That appears to be a resume or CV of Mr. Starks. j

i 10 Had you ever seen this before? | 11 A No. 1 12 Q Do you know how this came to be online [ 13 at the University of Cincinnati? j 14 A Sorry? I 15 Q Do you know how this came do be online? 1 16 A No. j 17 Q The second page appears to be a resume | 18 of Mr. Stark's basketball playing experience. Do 1 19 you see that? j 20 A Yes. j 21 Q It lists UC and period with the Celtics j 22 and some stints in Belgium, Italy, France and | 23 China. Do you see that? j 24 A Yes. j i "• 8 WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM

5c383ff3-157a-414f-991f-3feea6bd138e



7

8

9

10

11

12

13

14

18

19

20

24

Page 8 6 Q He said what he did from '94 through

T98; is that accurate? A Yes. Q Is it your testimony you did not explore

with him these experiences when you had a personal 6 interview with Mr. Starks?

A Based on our list of questions, the only thing that came out of the questions that he offered was the fact he played under Bob Huggins and at the University of Cincinnati.

Q You are telling us you did not ask him, or Kim Ellison did not ask him, or Coach Hurley did not ask him at his personal interview whether he played basketball beyond the University of

15 Cincinnati? 16 A No. 17 Q As he left that personal interview, you

had no idea what his basketball experience was from 1993 through 1998?

A Just based on the questions, all he 21 offered us, he was UA coach and assistant coach at 22 Anderson High School. 23 Q Mr. Starks, in a 45-minute interview,

for position of assistant coach, he never offered




j 1 to you or anyone at the interview, the fact he ) 2 played with the Boston Celtics or spent several j 3 years in Europe playing professional basketball? j 4 A No. 1 5 Q Did you think you conducted a thorough | 6 and professional interview? j 7 A Based on the questions we had, those j 8 were the answers we received. | 9 Q That's all I have. Thank you. j

10 (Deposition concluded at 3:30 p.m.) j ii

12

13

14

15

16

17

18

19

20

21

22

23

24

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM 5c383ff3-157a-4l4f-991f-3feea6bd138e

BRIAN SULLIVAN



1

3

10

11

12

13

14

15

16

17

18

19

20

21

22

C E R T I F I C A T E

2 STATE OF OHIO ) ) SS

4 HAMILTON COUNTY ) I, Jennifer Strothers, the undersigned,

a duly qualified and commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of his aforesaid deposition, the said BRIAN SULLIVAN was by me first duly sworn, to depose the truth, the whole truth, and nothing but the truth; and that the foregoing is a deposition given at said time and place by the said BRIAN SULLIVAN; that said deposition was taken in all respects pursuant to Notice; that said deposition was taken by me in stenotypy and transcribed by computer-aided transcription under my supervision; and that the transcribed deposition is to be submitted to the witness for his examination and signature.

I further certify that I am neither a relative of nor attorney for any of the parties to this cause, nor relative of nor employee of any of

23 their counsel, and have no interest whatsoever in the result of the action. 24




Page 8 9 1 IN WITNESS WHEREOF, I have hereunto set

my hand and official seal of office at Cincinnati, 3 Ohio, this day of , 2009. 4

2

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

JENNIFER STROTHERS Notary Public-State of Ohio

My commission expires: July 10, 2010




P a g e

A AAU44:9 ability 27:6 28:24

29:1 38:2 able 31:6 62:15 abruptly 77:3 academic 30:20

44:20 56:19 academically 14:13

19:15 accepting 40:8 access 82:3 accident 49:22 accomplish 28:11 accurate 7:1 29:10

30:17,23 31:3 44:12 57:5,18 61:6 79:2186:2

accused 50:12,13 accusing48:12

50:6,15 acquaintances

24:17,19 action 46:23 47:1

88:24 activity 12:14

17:2218:18,22 20:19 48:7 49:2 53:6 54:17

actual 56:14 ad33:4 34:11 additional 76:4,7 address 82:1 administration

72:13,17 82:6 admission 19:3 ads 32:24 advising 56:15,20

56:20 advisor 47:11 advisors 46:14 affidavit 29:20,23

30:2,8 43:17

44:10 53:18 57:12 64:18 75:22 76:3

affixed4:15 aforesaid 88:8 African-American

18:23 22:5 35:11 35:24 45:14 46:19 47:15 48:13 50:17 65:18 70:14

African-America... 19:24 21:14 22:19 35:13,21 46:3,5 50:6

afternoon 6:6 55:2 age 6:2 ago 21:8 47:13 agree 64:23 70:12 agreed 66:4,5 70:5 agreement 4:9 allegation 63:17 allows 15:9 Ail-American

80:11 amateur 36:23 Anderson 7:15

86:22 Ann 1:10 2:10 3:17

48:17 60:18,21 80:21

annual 10:18 answer 7:6,7 48:19

58:22 61:16 73:10 74:12

answering 7:5 answers 87:8 Anthony 17:19,20

17:21,23 19:24 20:12,15 23:12,23 25:5,12,15 27:8

anybody 17:16 anymore41:19

78:9 anyway 74:8 75:5

anyways 62:7 apartments 22:9 apologize 73:11 apparent 76:15 apparently 24:16 appear39:l 79:17 APPEARANCES

3:1 appears 28:1 39:5

40:11,17 53:22 79:20 82:13 85:9 85:17

Appleton 1:10 2:10 3:17 60:18,21 80:21

applicants 38:18 41:2 82:24

application 26:22 37:20,24 39:8 58:13 71:7,8,15 82:14 83:8,9

applications 59:10 applied9:16 38:2

39:16 apply 11:9 26:10

39:7,23 40:21 41:15,19,19,23 43:13

applying 39:13 40:7

appointing 18:2 appropriate 7:10

57:9 approximately

12:21 16:8 17:5 25:19

area 31:8 32:19 areas 12:4 arena 8:7 arrangement 16:22

16:22 asked 38:23 49:18

53:4 65:10 66:7

73:12 74:23 asking6:10 69:14 assignment 20:5 assist 17:24 18:13

36:6 assistance 47:15 assistant 16:4

17:14 18:15 19:8 19:10,12 23:13,18 23:22 25:3,9,18 26:9 30:22 32:1,4 32:1134:22 35:20 41:1,12 42:5,15 43:22 44:8 57:14 59:22 60:162:16 64:20 69:15,18 76:15 77:22 78:22 79:19 82:15,22 83:1 86:21,24

assisted 18:11 associate 6:8 12:3 associated 13:5

22:4 association 11:19

11:21 assume 17:4 78:8 assumed 20:6 assuming42:3 67:2

71:24 83:13 athlete 56:2 80:3 athletes 19:2,5

21:15,19 22:5 45:13,14 46:1,6 46:15,19 47:2,657 47:15 56:7 65:18 82:7

athletic9:3,5,10,ll 11:1931:1

athletics 8:24 33:7 33:8 46:9

attached 83:3,7,9 attachments 28:2 attend 36:6

attended 15:6 attention 56:10,12 attorney 61:15

88:21 attributing 76:21 AU37:7 audibly 7:7 automatically 43:9 available 11:23 aware 19:1,17

31:17 40:6 45:3 58:23 71:16 79:23 82:9

B B5:10 Bachelor's 8:4 12:4 back33:4 39:22,22

43:16 53:17 57:12 62:15 64:16,17 66:4,10 72:15 74:18

background 8:3 26:11,20 32:10 34:10,10 41:21,24 42:10 43:1,4,9 79:4,10 80:1

bag 48:10 49:10,16 49:21 50:14 52:14 52:21 63:14,15

bags 49:17,20,23 49:24

balance 70:22,24 bank25:21 base 46:12 baseball 9:6 based 15:1 61:21

70:3 86:7,20 87:7 basically 13:16

77:16 basis 10:18 basketball 9:5,6

11:14,17 12:9,19 14:7 15:8 16:11

WWW.CINTELCORPORAT .COM E-Mai CINTELCO0GMAIL.COM

http://WWW.CINTELCORPORAT


P a g e 2

16:24 17:1,6 Boston 59:13 75:8 83:17 8:5,1126:18 68:3 79:8 82:15,22 18:17 20:22 23:20 87:2 candidates 31:12 85:13 86:10,15 83:1 84:12 86:12 24:13 25:6 27:1 bottom 76:2 31:24 43:20 70:9 89:2 86:21,21,24 27:12,15 30:5,22 Brand 8:17 70:13 circumstances 54:4 coached 44:7 59:1 31:1132:17 35:21 break61:12 63:6 capacity 7:20 17:12 city 21:23,23 68:20 71:12 36:14,22 37:7,10 Brian 1:18 2:16 4:5 78:16 79:2 Civil 2:19 4:8 coaches 12:24 37:8 37:14 41:12 44:4 5:5 6:1 7:13 31:2 career 15:8 84:18 clarify61:15 62:22 coaching 15:23 48:6 49:4 52:5 56:6 87:15 88:9 careful 84:6 class 22:11 47:9 24:16,19 25:3,9 59:13,17 71:3,17 88:13 case 1:7 2:7 29:22 classes 23:24 47:7 27:1132:14,18 72:15 73:4 76:7 brief 8:18 62:4 Caucasian 70:15 classroom 56:20,21 34:9,23 36:6,14 78:22 80:6 83:20 briefly 8:15 cause 88:22 clear 43:2 47:4 36:18,22 37:6 84:10,18 85:3,18 bring 21:23 ce!148:9,24 73:9 56:15 57:14 59:22 86:14,18 87:3 brought 56:10,11 Celtics 59:13 75:8 cleared 50:10,19 71:14 76:15 77:24

Batavia21:24 58:3 85:21 87:2 clearly 42:4 78:12,21 79:19 bed 68:22 budget 25:17 center 12:14 17:22 Clermontl:9 2:9 83:21 began30:2178:l building 8:14 20:20 18:19,22 20:20 7:21 8:21 9:15 Coca-Cola 8:15 beginning 24:12

25-2 27-18 28-16 47:10,10 48:7 49-3 53-6 54-17

12*1 13-9 14-13 coffee 68-24 beginning 24:12 25-2 27-18 28-16 C

47:10,10 48:7 49-3 53-6 54-17

_LX«. 1 X ~J v^J X~ , X ~J

16:7,1120:2 30:15,21 44:22

coincidentally 20:1 college 1:9 2:9 7:22 31:7 C 88:1,1 81:20

_LX«. 1 X ~J v^J X~ , X ~J

16:7,1120:2 30:15,21 44:22

coincidentally 20:1 college 1:9 2:9 7:22

behalf3:3,10 ca!152:23 57:16,20 certain 16:18 45:2,16 46:9 16:1130:16,22 Belgium 85:22 59:19 61:4,8 certified 78:6 65:17 71:21 80:7 32:13,15 34:9,10 belief 58:24 76:14 64:22,24 65:3,4 certify 88:8,20 80:10 81:11 82:7 36:18 84:15 believe 9:24 11:4 67:2,10,15 69:8 chain 54:18,21 55:4 clocked 18:21 25:7 colleges 37:9

20:7 29:13,24 69:11,12 72:3 55:11,19,21 25:7 college-age 32:12 32:24 34:6 41:5 73:16 77:1,13,23 chain-of-command closed 78:9 33:134:7,8 36:15 48:4,15 55:17 called 19:10 33:7 55:15 closely45:21 37:3,4 66:19 47:23 48:4,17 challenge 29:9 cloudy 55:20 Collegiate 11:19

believed 44:11 61:20 64:7 67:6 chances 21:19 cluster 35:14 come 17:24 20:4 believer 32:2 67:12 69:4 78:4 change 26:4 58:18 coach 16:4,5,12,24 22:13 23:13 51:13 best35:17 36:2 calling 67:7,21 66:15 17:1,6,9,14 18:15 56:8 57:10 60:15 better 69:17 calmed 62:13 changed 74:20 19:9,10,12 20:9 63:20 73:23 beyond 17:2 33:8 camps 37:7,8,9 charge 19:3 23:12,13,14,20,22 comes 42:23

86:14 campus 11:22 Chauker23:18 25:2,18 26:9 27:7 coming 21:5 62:17 BGI 26:14,16 20:20 21:14 22:2 check9:8 26:11,20 28:24 29:2 30:15 65:24 73:19 75:12 big74:2 75:14 44:20 45:17 46:4 41:2142:10 79:4 30:22 32:1,3,11 command 54:18,21 biggest 58:15 47:6 49:7 57:9 79:11 35:20 38:1141:1 55:4,11,19,21 birthday 78:4 62:2 63:1,4 65:16 checking 12:16 41:13 42:5,15 comment 73:3 bleachers 48:11 71:3,2176:23 46:13 69:19 43:19,22 44:8,9 comments 30:14

49:18 82:8 China 85:23 56:3,21,22,23 commission 89:9 blow 75:14 cancelled 39:9 choice 44:14 60:1,12 62:15 commissioned 88:6 board 11:5 candidate 34:5 chose 25:15 64:21 69:15,19,19 committee 9:23,24 Bob 86:9 58:8,14 60:8 61:1 Cincinnati 1:8 2:8 72:3 73:5,7 74:7 10:1,4,7 16:2,6 body 23:1 66:22 68:8 69:2

70:7,7 72:2 76:5,8 2:213:6,13 7:19 77:21,21 78:22 31:134:2,3 43:18

WWW.CINTELCORPORATION.COM E-Mail CINTELCOgGMAIL.COM



Page 3

57:24 confronted 55:3 counsel4:3,9 88:23 59:24 disagree 76:20 communicated confuse 6:18 COUNTY 88:4 dealt 45:23 discuss 22:3 56:2,5

45:11 confused61:10,12 couple 6:13 9:21 dean 10:1,1 23:18 discussed 70:13 communication confusing 6:21 38:8 52:19 58:2 60:19,22 80:22 75:22

39:5 connection 20:17 59:17 December 14:4,5,5 discussion 33:21 communications 29:22 32:11 39:4 course 6:23 27:14 51:7,18 63:12,13 55:15

39:2 42:12 79:18 42:4,13 65:6 80:7 discussions 28:9 company 8:16 consensus 60:7 court 1:1 2:1,21 3:6 decided33:17 58:7 31:23 compete 14:14 considerations 4:11,167:15 59:24 60:7 66:16 DISTRICT 1:1,2 complained 50:2 79:7 courtesy 7:4 69:9 2:1,2

65:16 73:14 76:22 considered 39:20 cover 39:10 decision 23:21 26:3 division 1:3 2:3 complaint 48:20 consists 9:2 16:3 credentials 72:1 60:15,20 65:11 11:16,20

51:3 54:12 64:5,8 contact 78:1 79:24 81:12 84:7 70:14 73:13 80:19 document 35:12 complaints 72:11 contacted 44:19 credibility 59:14 decisions 23:14 53:24 82:13,18

72:14,17 74:10 50:24 59:8 credit 13:12 14:16 34:4 83:5 85:8 complete 7:2,5,12 contacting 44:24 15:19 defendant3:10 4:6 doing 20:24 21:14 completion 57:13 contend 6:9 criminal 12:5 15:14 Defendants 1:13 37:8 49:24 56:8

64:20 context51:15 52:3 Cronin 59:16 2:13 65:11 computer-aided 54:14 Cross 5:6 degree 12:6 20:2 domestically 85:4

88:16 continue 56:2 cross-examination 25:16 downtown 77:17 concern 44:21 continued 17:12 2:18 4:7 6:4 degrees 12:1,3 drafted 34:11

46:18 83:4 23:12 cup 68:24 department* s 3 5:14 drive 36:7 concerned 25:5 contractual 16:22 current 16:19 deponent 4:13 driven 20:2 21:18

27:3 30:9 51:10 conversation 31:14 81:12 depose 88:10 27:9 55:15 63:13,16 52:4 55:6 61:21 currently 9:4 deposition 1:18 driver's 36:16

concerning 44:24 61:22 62:4,23 cut 7:9 2:16 4:4,10,13 duffle 63:15 64:13 84:7 63:13,16 64:11 CV85:9 6:11 10:7 87:10 duly 6:2 88:6,10

concerns 46:3 57:8 75:16,18 Cyclones 8:12 88:9,12,14,15,18 Dunn 80:3,20,23 concluded 87*10 con VPI%I si ti on s described 286 duties 8*2 42-17 t U i l v l l l U V U O / . I V

concludes 14:23 21:13,1722:8 D l«Tk'i3%'A. JLILf V^A J^/\J m\j

description 36:5,10 u-u. inj .%/0 U » ^ ~ i - * - i / t U i l v l l l U V U O / . I V

concludes 14:23 21:13,1722:8 D l«Tk'i3%'A. JLILf V^A J^/\J m\j

description 36:5,10 .^ pnncliminii 96*14 63-7 D3:4 5:l 36-11 57-6 E L V l l l f l U o l U l l £~\J* -L^

conditions 42:19 coordinator 7:21 daily 20:21 determined 14:24 E2:21 3:6 5:1,10 79:6 7:24 8:23 9:1 DANIEL 3:12 21:18 33:9,19 88:1,1

conducted 57:22 copies 38:16 date 16:19 Deveerl0:l early 14:1,11 31:11 87:5 copy 82:13 dated39:6 53:23 difference 70:6 39:17 62:24 77:20

conference 11:22 correct 15:2 25:22 David 10:1 different9:13 easily 6:14 57:16,20 59:19 36:19,20 38:14 day24:15 40:15 32:15 45:14 48:3 Eastwind7:15 61:4,8 64:22,24 40:16,20 42:8,11 43:13 48:7 55:5 69:9 73:4 educational 8:3 65:3,7 66:17 67:2 42:14 44:2 61:6 58:4 63:5 78:10 diploma 13:10 effect65:12,15 73:16 74:19 77:1 67:5,17 68:18 89:3 directly 45:23 72:24 73:18,21 77:13,23 69:22 70:16,17,20 days 54:15 58:2 director 8:12,14 74:2 75:6,13

confrontation 70:21 75:1,2,20 59:17 9:11 10:15 16:23 77:16 54:16 76:9,11,23,24 day-to-day 9:4,9 17:9 23:17 31:2,2 efforts 47:17

deal45:24 46:12 either35:10 44:7

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM



P a g e 4

59:7 72:12 eligibility 9:9 12:17

events 59:20 everyone's 38:4

five 10:2 38:20 53:9 63:24 76:2

50:23 51:2161:19 62:2,24

59:7 72:12 eligibility 9:9 12:17

events 59:20 everyone's 38:4

F five 10:2 38:20 53:9 63:24 76:2

50:23 51:2161:19 62:2,24

59:7 72:12 eligibility 9:9 12:17

events 59:20 everyone's 38:4 F88:l

five 10:2 38:20 53:9 63:24 76:2

50:23 51:2161:19 62:2,24

13:4 14:24 15:9 examination 4:14 fact 27:17 70:4 follow 43:11 55:3 getting 20:1 25:6 31:15 46:14 88:19 71:1,19 74:9 75:7 59:10 45:16 47:7,9

eligible 11:11 12:17 examined 6:3 86:9 87:1 followed 68:1 girl 49:7 Ellison 1:11 2:11 exhibit5:ll,12,13 Fairborne 44:19,24 following 15:3 42:6 give21:19 30:7

3:18 10:13,21 5:14,15,16,17 53:12 54:18,2157:13 given 13:18 15:17 16:3 31:3 38:13 27:20,21 29:17,19 fairly45:19 59:21,23 60:12 84:24 88:12 43:19 54:17 57:17 34:15,18,18 38:21 faU25:23 79:8 64:11,19 66:16 gives 59:14 57:23 58:11,19 38:23 39:5 40:11 familiar 35:5,6 follows 6:3 giving 88:8 61:5 64:23,24 43:17 53:19,20,22 53:24 55:9 58:16 follow-up 55:5 go6:24 26:19,21 65:3,6 66:5,8 67:3 64:17 79:13,15 59:16 82:18,19 foregoing 88:12 30:13 31:20,21 68:13 69:24 72:1 82:10,13 far25:4 27:2 29:10 formal 20:5,7 33:4 37:22 38:2 72:20 73:15 74:19 experience 19:21 30:17,18 46:13 former 9:24 81:19 39:14,21 43:16 76:3,9,21 84:5 32:12,23 33:1 72:14 78:10 79:21 forth 2:20 47:19 53:17 55:21 86:12 34:8,8,10 36:14 79:22 83:1 forwarding 82:1 56:7 57:12 58:5

Ellison's 73:1 36:14,16,18 37:2 fashion 47:11 for-the-good-of-t... 64:16,16,17 69:9 employed 7:16 68:2 71:1,14,21 favor 70:20,24 29:7 70:10 73:13 74:18

28:10 83:20,20 85:18 Federal2:18 4:7 found 28:3 37:22 81:14 82:21 employee25:15 86:18 feel48:19 77:21 66:10 goes 34:20 43:20

26:5 41:10 81:19 experienced 18:14 feeling32:17 four 15:10,15 60:18 76:2,13 88:22 experiences 66:11 felt 26:8 31:12 four-time 80:11 going 26:24 30:6

employees 46:11 86:5 45:13 48:10,12 four-year 15:9 31:9 42:9 45:4,16 encourage 46:23 expires 89:9 50:5 61:24 62:14 frame 81:4 50:23 51:13,14 encouraged 31:21 Explain35:17 70:10 France 85:22 56:15,17 62:20 ended 20:1 explained 76:14 female35:10 48:8 friends 24:20 59:15 65:5,8,23 66:3,6 enrolled 14:16 explaining 41:9 filed 54:9 64:8 front 82:21 66:24 73:4 74:4

15:12 explains 39:7 61130:21 38:1 fu!115:15 77:17 enrollment 15:17 exploded 46:10 finaI32:3 76:l fully 71:15 golf9:7 entitled 82:14 explore 84:186:4 find21:ll full-time 13:16 good6:6 21:10 equal32:l,5 47:21 express 58:19,24 finding 12:16 22:9 14:1615:17 18:7 28:18 32:18 59:15

66:13 70:9 expressed 73:1 Fine 27:4 78:19 function 42:14 72:1 80:12 81:8 equipment 12:12 expressing 46:18 finish7:4 25:16 further 75:16 88:20 gotten 40:18 55:20 equivalent 11:19 extending 7:3 first 8:12 14:4,14 future 27:16 59:18 68:19 ESQUIRE 3:4,5,12 extra 43:2 14:15,15,1715:1 GPA13:11 ESQUIRE 3:4,5,12 extra 43:2 14:15,15,1715:1 G

GPA13:11 Europe 87:3 eyes 40:24 50:15 16:7,10 24:8 28:1 G graduated 8:5 80:7 Europe 87:3 eyes 40:24 50:15 16:7,10 24:8 28:1 graduated 8:5 80:7 evaluate 10:16 e-mail 28:2 38:24 39:5 40:1148:5 game27:12 80:18 graduating 85:4 evaluated 10:20 40:10,10 41:4 51:4,5 52:13 games 12:10,11 graduation 14:2 evaluation 11:1 43:13 53:22 54:14 56:12 57:3 61:20 14:10 36:7 great 45:23

58:4,5 59:23 54:15 55:7,10 63:9 64:12 67:4 GED13:9 group38:17 58:7 66:17 56:4,5 68:7,12,24 70:5 general 46:6 growing 46:11

evaluations 58:3 e-mailed 41:5 82:19 88:10 Generalities 77:15 guess 6:14 50:8 event 7:1 e-mails 27:24 first-year 14:12 gentleman 24:6

George 47:23 50:23 guidelines 6:13




P a g e 5

81:13 guy 29:13 guys 19:23 62:16 gym 24:15 49:10

52:14,21

H H5:10 HAMILTON 88:4 hand 89:2 handed 29:19

34:17 82:12 hang41:13 happened 20:8

47:16 51:12 53:6 58:2 62:24 77:24

happy 72:22 74:7 head 7:8 16:4,5,24

17:1,2 23:20 30:15 32:3 62:15 69:19 77:20,21

hear 7:5 24:8,14 52:1176:18

heard45:16 52:13 54:24 68:7,13 76:9

held 27:16 30:16 help 6:13 7:2 20:2

22:10,13 24:20 25:24 48:21,22 56:1,8,8

helped 17:16 Henderson 49:13

49:16 hereinafter 2:20 hereunto 89:1 HI 81:22 high 13:9 36:22

37:8 86:22 hire 26:14 28:11

35:23 36:2 42:23 43:3 60:22 62:15 66:6 68:4,13 73:24

hired 26:22 41:18 42:5,13,21 65:6,8 65:15 66:6,9,14 67:5 73:14 76:22 77:18

hiring 35:9 42:6 84:24

history 84:9 hockey 8:13 Hollister3:12 home 36:7 honest 29:13 honestly 29:15 honor 80:20,23 honored 80:13 honoring 81:10 hope 62:16 hour 83:24 hourly 18:20 20:24 hours 13:13 14:16

15:19 18:21 Hoying3:12 6:15

54:8 58:2174:11 74:16

Huggins86:9 human 8:5 Hurley 16:15 17:16

17:24 20:9 23:11 23:16 24:18 27:13 28:15 29:21,21 30:2,14,19 31:3 31:23 33:16 38:11 41:15 47:20 55:18 56:3,21,22,23 57:23 58:4 59:23 60:12 61:3,7,11 61:22,23 64:18,19 65:1,10 66:17 67:4 69:8,11,14 72:4 73:12,16 74:19 75:23 76:18 77:5,12,18 84:5 86:12

Hurley's 43:16 53:17 57:12 73:17 74:5,14 75:19

idea 80:23 81:8 86:18

identification 27:22 29:18 34:16 38:22 53:2179:14 82:11

identify 34:18 79:16

HI 11:20 important 84:7,22 inaccurate 29:11

56:17 incident 48:4,5

52:2154:22 55:17 56:19 61:20 64:13

include 56:3 84:9 included 31:1 including 43:21

58:11 incorrect 75:21 increase 11:7 indicated 47:13

65:4 individual 36:21

42:5 48:16 50:11 72:2 81:15

Individually 1:10 1:12 2:10,12

individuals 10:6 12:22 22:133:24

inform 65:5 information 6:17

43:156:17 66:11 68:2,17,19 71:6 76:5 79:10 80:1 82:3

informed 6:15 51:1 informing 40:12 initial 81:5

inner 21:23,23 input33:14 instance 50:21 instances 48:4 institutional 65:17 institutionalized

44:21 45:1 53:13 institutions 8:8 intend 6:16 interest 78:8 88:23 interested 31:17

67:20 72:5 interesting 72:1 Internally 32:16 interview 10:10

31:13 37:141:6 42:10 43:23 44:18 57:14,22 59:21 61:2164:20 70:5 71:9 83:14 84:4 86:6,13,17,23 87:1,6

interviewed 9:18 40:8 42:7 43:20 57:24

investigating 62:1 involved38:9 48:16 involvement 13:1

15:22 involving 48:24

57:8 irregular 69:18 issue 55:22 issues 22:4 45:23 Italy 85:22 items 47:5

J3:12 JAMES 1:13 2:13 January 14:6,18,20

28:1181:3 Jason 1:6 2:6 6:8

24:6,8 25:20,24

26:7 27:5,8,15 28:2,3 31:14 32:1 39:6,6 40:7,12,18 40:22 41:19,20 42:12 43:9,21 44:2 45:7 46:17 47:13 48:11,16,19 48:22 50:4,5,22 51:1,13,18 52:5,7 53:23 54:16 55:3 55:5,6,18 56:10 57:2 58:1,7 60:21 61:23 62:6,13,18 63:17 64:10 65:1 66:170:6 72:11 73:20 75:4 77:17 78:14 79:17 80:24

Jason's 27:2 46:3 50:15 57:6 58:13

jeans 49:17 Jennifer 1:24 2:23

6:22 7:2 88:5 89:6

jersey 80:16 81:11 81:13

Jim3:18 job 8:2,16 25:4 29:15 35:14 36:10 37:16 39:13 44:12 56:8 57:5,8 60:10 60:11,13 61:24 62:6,14 63:17 82:21,22

jobs 8:22 33:7,7 34:21

JobsatUC.com 33:6 38:1

John 16:15 23:11 23:16 24:16,18 27:12 28:15 29:21 30:3 31:3,23 33:16 52:5 55:18 57:23 58:3,17


http://JobsatUC.com



5 1 3 - 6 2 1 - 7 7 2 3 FX. 5 1 3 - 6 2 1 - 6 5 5 8 P a g e 6

61:7,22,23 62:13 3:18 learning 47:10,10 lot 19:23 21:20,21 met6:7 15:14 63:4 65:1,22 66:7 67:7 Kim's 62:18 77:9 leaving 8:6 21:22 27:8 37:8 Mezibov2:21 3:4,5 67:12 69:8,11 kind 19:22 20:17 left 70:8 86:17 46:13 56:14,16 5:7 6:5,7 73:18,20 74:5,19 29:7 37:2 49:19 leg 59:1 59:14 Miami/Middleto... 84-5 50-15 59*11 letter39:10 78:6,7

83*3 44*9 *J\J, X +J +J J + x X

knew 45-11 47-2 letter39:10 78:6,7

83*3 M Mick 59* 16 U V 1 1 J I 9 V U (J X • X \J

judged 14:24 15:4 50:22 51:20 53:5 let's30:13 43:16 mail 37:24 Middle 14:5 July63:l,9,16 89:9 67:6 72:14,14 47:19 53:17 61:11 main 44:20 45:17 midway 55:24 June 10:22,23 14:1 73:5,7 61:12 82:21 65:16 mind45:10,12

23:16 27:128:17 know 9:15 11:6 level 11:16 29:4 maintain 13:10 58:15 74:21 31:7,7,9 61:11 12:22 16:17,21 32:13,15,15,16 making 17:4 mine 11:6 63:2 66:19,21 17:23 18:19 22:23 36:22 37:14 Marc2:21 3:4,5 6:7 minimum 15:18 67:3,22 68:14,23 23:3,6,9 24:5 25:2 Levett 44:1,4,8 March 14:6,20 36:13 70:12 72:10,10,18 30:17,18 34:11 57:24 59:8 60:5 31:11 81:3 minor35:20 83:2 80:8,9 43:18 47:24 48:3 70:20 marked 27:21 minority 23:1,3

justice 12:5 15:14 48:15 51:17 52:9 license 36:16 29:17 34:15 38:21 35:10 56:13,18 60:24 61*1 62*16 64-8

life 10-15 16-24 53:20 79:13 82:10 minutes 53*9 63*24 K

56:13,18 60:24 61*1 62*16 64-8

.U-l.%/ I V * I t / X \J •£*»

17:3,9 23:17 31:2 83:20

matter 50:19 51:19 63*24 67-11 83*24 Karen 44:19,24 71:17,18 72:7,7,8

.U-l.%/ I V * I t / X \J •£*»

17:3,9 23:17 31:2 83:20 51:2155:7,10 mislead 6:18

53:12 72:12 72:9,16,20 73:10 lift 20:22 matters 20:18 57:9 misrepresented keep 15:11 22:24 73:19 78:1179:21 lines 76:2 McDonough 1:13 79:24

48:21 79:22 80:3 81:15 list33:9,ll 84:16 2:13 3:18 80:22 missed 63:1 keeping 69:20 82:183:1,7 85:12 86:7 mean 35:16 missing 48:9,24 Keith 44:1,9 57:24 85:15 listed35:l meaning 25:24 49:6,8

59:1,8 61:9 66:11 knowing 26:23 lists 85:21 76:3 mitigating 70:19 66:13 67:6,16,21 31:23 32:18 little 8:1 55:24 means 13:23 mix43:10 60:3 68:4,13,20 69:12 knowledge 44:23 live 22:9,11 meant 37:12 Moberlyl:6 2:6 70:6 78:1 82:15 47:22 82:5 lives 22:5 meet52:24 83:15 6:8 24:6,9 28:2

kids 21:23 56:8 knows 27:12 LLC8:17 meeting 59:3,7 39:2 44:11,18,24 Kim 10:13 16:3 KRONOS 18:20 LLP3:12 60:12,24 61:10 47:20 53:23 54:16

31:3 38:13 43:19 local 11-21 37*9 68:23 83:15 58:1,7 59:2 60:5,8 60:12,14 64:5,8 48:17 54:17 55:1 L

■.\#%f*BA X X * ^ X w/ / • ^

long 7:23 16:16 Melvm44:l,8 58:1,7 59:2 60:5,8 60:12,14 64:5,8 48:17 54:17 55:1

■.\#%f*BA X X * ^ X w/ / • ^

long 7:23 16:16 Melvm44:l,8 58:1,7 59:2 60:5,8 60:12,14 64:5,8

55:3,19,20 56:11 L4:l 21:3,4 52:16 53:7 57:24 59:8 64:10 65:1,5,8,15 57:23 58:11,19 lack 69:17 54:9 63:23 83:23 member 11:18 66:6,9,21 67:4 59:7,18 62:5,11 laid71:15 longer 73:23 74:6 members 12:19 69:172:1173:14 62:12 65:12,14 late 30:6 63:2 look27:24 32:7,17 mentioned 52:7 73:24 74:9,21 66:1,5 67:9,10,15 Law3:5 38:2,4,6,23 71:22 mentor 19:22 20:5 76:2178:15 79:23 68:1,4,13 69:4,24 lawful 6:2 85:8 21:24 80:24 71:5 72:1 73:1,12 Lawrence 3:5 6:7 looked 8:22 26:10 men's 9:5 16:11,24 Moberiy's 79:17 73:19,23 74:19,23 lawsuit 6:9 54:9 looking 32:10,21 30:22 35:2178:22 moment 47:13 75:1 76:21 77:10 62:17 65:24,24 33:22 36:2 42:24 merit 11:7 moments 58:6 77:16 80:21 84:5 73:19 75:11 43:2,4,8 49:22 message 28:3 money 25:4,7,9,13 86:12 leadership 36:17 64:18 messages 38:24 26:8

Kimbcrly 1:11 2:11 learned 70:3 B S = ^ ^ = ^ ^ ^ ^ ^ ^ = S B

39:1




P a g e 7

Monica 81:16 27:10 82:22 open 20:21 25:4 64:13 3:3 month 52:18 numbers 22:24 26:24 27:19 39:16 particularly 21:15 Plaintiffs 27:20,21 months 52:19 nursing 12:4 15:15 39:22 43:6 parties 4:4 88:21 29:17 34:15 38:21 morning 67:11 opened 31:10 pass 20:4 53:20 79:13 82:10 morning 67:11 ^̂ opened 31:10 pass 20:4 53:20 79:13 82:10

68:14,22 72:10,17 O opening 8:23 27:18 passing 13:17 play 15:3 18:9 68:14,22 72:10,17 opening 8:23 27:18 passing 13:17 play 15:3 18:9 moved 8:13 04:1 operations 8:13,14 passionate 29:6 20:22 76:14 multiple 78:2,4 object 54:10 81:9 9:4 pay 28:4 41:9 42:1 played 44:4 59:12

objection 54:8 opinion 45:22 Peggy 23:17 59:13,15 68:21 N 58:2174:11,12 opportunity 47:21 people 10:3 20:3 71:10,11,12,17,19 58:2174:11,12 opportunity 47:21 people 10:3 20:3 71:10,11,12,17,19

N4:l 5:1 81:10 83:19 21:19 32:19 38:3 76:6 80:6,10 85:3 NAIA 11:20 obtained 76:4 order47:8 55:4 38:8 63:5 86:9,14 87:2 name 7:12 24:8 obviously 25:16 ordinarily 42:21 percent 11:4 player 80:11,12

81:15 27:11 ordinary 42:4,13 percentage 22:21 84:10 named 24:6 occasion 51:4,5 42:24 performance 15:1 players 15:10 22:8 names 9:21 63:21 organization 11:21 27:2 22:15 Nancy 9:23 39:21 occasions 51:2 78:2 Originally 81:1 Performed 42:17 playing 32:14 narrow 38:17 78:4 Osborne7:13 period 8:19 15:8 36:18 68:2 71:2,2 narrowing 68:9 October 14:8 16:9 overseas 59:1,14 78:23,24 85:21 71:20 75:7,8 national 11:20 16:21 17:8 22:18 68:20 71:2,10,19 person 10:9 16:6 85:18 87:3

80:11 24:10 71:20,23 75:8 27:9,1132:22 plays 49:4 NCA 11:20 offer 12:2 59:12 76:7,14 42:2144:1145:3 please 7:7,12 34:19 near 22:9 60:1167:9,23,24 oversee 9:3 personal 29:3,8 79:16 need 14:13 39:14 offered 57:15,19 owned 8:17 32:16 63:18 83:14 plus 32:13 34:8

42:7 54:10 56:9 60:10,11,13 61:5 86:5,13,17 personnel 44:20 persons 23:8 43:19

point 24:5,7 43:18 47-3 58-18 59-15 79:4 61:9 64:2172:4 P

86:5,13,17 personnel 44:20 persons 23:8 43:19

point 24:5,7 43:18 47-3 58-18 59-15

needed 22:12 28:10 78:14 86:9,21,24 P4:l

86:5,13,17 personnel 44:20 persons 23:8 43:19 60:4 62:18 70:8

34:5 39:21 47:8 office 47:22 77:9 page5:3 28:1 35:14 phone48:9,9,10,13 70:18 72:9 74:18 55:3 89:2 37:17 40:11,17,22 48:24 49:6,8,9,20 77:6,10 83:15

neither 88:20 offices 2:20 3:5 44:10 57:13 82:21 49:22 50:16 52:22 policy 40:4,6 43:5 never 25:3 50:24 official 26:9 89:2 85:17 62:3,5 63:22 65:4 population 23:1,3

52:24 60:13 74:12 officially 41:11,12 pages 39:4 82:20 65:7,14 71:5 position 8:20 9:16 86:24 officials 65:16 paid 18:16,19 25:6 73:16 74:19 9:18 10:10 26:4

new 8:17 43:3 69:4 76:23 26:5 40:23 picked 48:9,10 27:16 30:16,21 Nine 22:20 Ohio 1:2 2:2,22,24 paper 26:22 32:24 49:10,16,19,23 31:10,15 32:14 Nods 7:8 3:6,13 11:21 88:2 paragraph30:19 50:1,14 33:18 34:23 35:2 normal84:20 85:6 88:7 89:3,7 44:17 47:20 57:13 picture 70:8 35:9,20,22 36:5 notary2:23 4:11,16 Okay7:10,ll 12:19 64:16,19 76:1,3 ping-pong 20:22 36:1139:7,16,18

88:6 89:7 16:10 19:12 24:11 parse 48:23 place 4:9 22:9 67:3 39:22,23 40:8,12 Notice2:19 4:8 • 53:17 68:11 part 10:7 42:1 69:8,1172:3 41:6,8 43:6,14,21

88:15 okayed 56:22,24 43:14 76:11,20 77:13 88:13 57:15,19 59:10,22 notified44:18 45:3 once 13:10,11 participated 57:16 placed 67:15 69:12 61:8 66:12 67:9 November 14:10 41:18 61:3,4 64:22 places 8:8,9 22:10 67:20,23,24 70:4

14:11 80:18 online38:l 39:15 particular 25:12 plaintiff 1:7 2:7,17 70:11,15,19 72:4 number 15:18 85:12,15 47:7 55:17 56:18




Page 8

72:5 76:6,16 Procedure2:19 4:8 quarter 13:12,18 recall 10:2 22:7 remained 25:4 77:24 78:9,13,21 proceeding 6:24 13:18,22,23 14:15 39:2 52:22 54:13 remember 38:19 79:19 82:14,21,22 process 26:10,22 14:17,21 15:18 56:19 57:4 63:6 51:10,15 52:3 82:23 84:24 86:24 27:19 31:22 37:20 quarters 13:11,13 73:15 75:17 77:3 53:4 54:2,4 55:22 1

possible 6:14 7:2 38:15 41:14 42:6 14:2 15:5 84:19 85:5 55:23 56:23 57:2 ! posted33:5 37:16 42:10,24 43:14 quarter's 15:1 receive 25:13 54:5 65:11

40:15 46:10 57:14,22 question 6:16,19 received 20:24 reminding 55:21 posting 34:20,22 59:9,21,21 64:20 7:4,6 19:8 29:9 54:14,15 64:4 repeating 6:16

37:20 78:3 33:17 35:4 45:21 73:10 79:18 82:23 rephrase 33:16 practice 12:14,15 professional 32:16 54:10 62:4 66:8 87:8 74:15

14:8 19:6 22:8 71:2 76:6 87:3,6 68:9,12 73:17 receiving 54:2 55:7 reply 75:1,3 48:14 52:6 55:1 professionalism 74:6,13,23 84:20 recess 61:13 report 10:12 28:15

practices 30:7 71:23 84:22 85:6 recommend 58:8 reported 1:23 practicing 48:6 program 7:21,23 questioned 45:22 60:16,17 28:16,17 61:23 precise 31:6 9:1,3,10 12:9 questions 6:10 7:7 recommended reporter 4:11,16 preference 58:19 58:17 59:17 53:4 84:7,16 86:7 60:21 66:24 represent 6:8 27:23 preferred 32:23 programs 9:5 86:8,20 87:7 record6:24 73:11 29:20

58:14 61:166:21 11:13 12:6 quick 52:22 recruit 12:24 representation 68:4 69:2 72:2 properly 45:19 quickly 6:14 41:3 recruiting 12:24 31:19

prepared 29:21 provide 71:6 Quite 52:17 13:2,5 21:20,21 representative 8:15 10-2 36-8 public 2:23 4:11,16

88:6 21-22 32*18 required 33:2

requirements 13:4 presence 4:12,15 public 2:23 4:11,16

88:6 R refer 35:7 required 33:2 requirements 13:4 presence 4:12,15

public 2:23 4:11,16 88:6 refer 35:7

required 33:2 requirements 13:4

present3:17 64:l Public-State 89:7 R88:l reference36:17 reservations 28:23 presents 6:19 pulled 83:10 racism 44:21 45:1 74:8 29:1,3 prevent 79:7 purpose 65:4,7 53:13 65:17 referring 32:6 reside 7:14 prevented 40:7 84:1 raise 11:3 reflected 76:6 resorted 78:5 previous 13:13 purposeful 6:17 ran 8:17 20:23 47:3 regarding 44:20 respect 19:4 22:24

15:5 24:3 32:14 pursuant2:18,19 ranks 56:15 65:17 78:20 79:11 39:12 41:4 43:22 4:7,8 88:14 Raveal 9:23 39:21 regards 61:19 respective 4:4 61:15 put 66:1 reach 78:2 Regional 11:22 respects 88:14

Primarily 12:3,24 pan 1:20 2:22 reaction 47:14 registered 51:2 respond 46:17 62:8 print38:4,16 39:9 87:10 read 30:13 54:14 72:1174:9 78:7 prior 8:16 21:5

30:20 45:8 55:1,7 56:9,18 rehired 42*9 responded 74:5

75:12 78:10 prior 8:16 21:5

30:20 45:8 55:1,7 o reading 56:13 X vMM MM %*■** T ^ i • J

relate 47:16 54:11 responded 74:5

75:12 78:10 67:6 72:10 qualification 32:9 realized 39:13 related 19:13 responding37:19

prioritized 32:20 32:22 36:13 really 27:9 relates 12:9 response47:14 probably 13:15 qualifications 32:8 reapply39:17 relation 75:9 62:18 66:7 73:17

16:19,19 23:10 32:20 33:10,11,17 reason25:12 35:24 relationship 19:2 73:23 74:14 78:5 24:10 38:20 51:6 34:4 79:7,24 41:23 58:17 63:1 21:9,10 28:14,19 81:5 62:23,24 83:24 qualified31:12 65:10 67:18 71:24 71:3 responsibilities

problem 6:20 36:3 44:11,13 72:3 73:12 76:8 relative 88:21,22 19:13 20:13 problematic 50:3 88:6 reasoning 62:6 released 23:17 responsibility problems 22:4 47:6 qualities 27:11

quality 32:18 68:8 67:19

reasons 63:18 relevance 76:15 11:14 12:819:4




Page 9

responsible 12:12 80:13 86:22 services 8:5 23:19 77:14 statesl:12:l 11:18 12:13,15 21:11 screen 38:3 24:21 26:15,16 spend 83:23 30:19 64:19

rest 56:9 seal 89:2 serving 79:8 spent 87:2 status 78:20 restaurants 8:17,18 search 10:4 30:21 set 2:20 36:6 49:21 spoke27:6 47:21 stay 15:15 result 88:24 31:141:24 43:6 89:1 48:16 50:8,11 stayed 23:24 24:1 resume 79:17 85:9 43:18 Seth50:12 61:7,20 63:22 stealing 48:13 50:7

85:17 season 12:18 14:7 seven 8:12 71:5 50:16 retained 23:19 14:23 17:1124:13 shoes 12:12 spoken 20:15 26:7 Steele 50:12,17 retaliation 54:11 27:1,15 30:5 shoot 20:22 47:17 81:2182:5 Stefan 80:3,6

62:1 31:1147:8 72:15 short61:13 sport 36:23 stenotypy4:10 retired 80:16 81:11 73:4 Shortly 44:17 58:1 sports 35:20 43:7 88:16 retiring81:13 second 14:20 30:19 show27:20 53:18 83:2 Stettinius3:12 revealed 71:15 40:10,17 47:19 79:15 spring 17:12 stick59:24 review 64:2 48:6 50:2163:11 signature4:14,15 SS88:3 stints 85:22 Roberts 17:24 85:17 88:19 stabbed 62:14 stipend 17:2 Robertson 17:19 security 78:3 sincere 46:21 staff 15:23 82:14 stipulated 4:3

17:2018:23 23:12 see30:14 35:1 sir 11:24 standards 15:13 stipulations 2:20 role 18:15 19:1,7 36:17 49:20 67:19 sitting 49:18 77:5 42:19 stood 31:20

19:12 20:5,10 72:5 82:16 85:19 situation 48:24 standing 52:6 straightened 40:18 21:24 85:23 51:15 56:14 standpoint 39:14 Street2:21 3:6,13

room 10:7,9 23:8 seeing 46:14 47:11 situations 14:8 Star8:12 strictly 29:6 rule 13:17 seek52:24 six 9:4 10:2 16:19 Starks 44:1,4,9 strike 22:23 70:23 Rules 2:18 4:7 seeking 35:23 38:20 58:159:1,8 60:5 76:1 run 13:23 seen 29:22 49:9 social 8:5 20:1 78:3 61:9 66:11,13 string 27:24

83:5,1185:10 select 32-17 69-18

socially 19:18 Softball 9*6

67:6,16,22 68:5 68:14,20 69:12,15 70:20,24 71:6

Strothers 1 -24 2*23 S

83:5,1185:10 select 32-17 69-18

socially 19:18 Softball 9*6

67:6,16,22 68:5 68:14,20 69:12,15 70:20,24 71:6

88*5 896 S4:l,l 5:10 70:14 sooner 46:14

67:6,16,22 68:5 68:14,20 69:12,15 70:20,24 71:6 structured 47:10

sales 8:15 selected 12:22 16:6 sorry 80:7 85:14 72:4 73:13 74:21 stuck58:6 sat 49:23 selecting 16:4,5 SOUTHERN 1:2 78:1 82:15 83:4 student 10:15 satisfied 11:1 selection 15:23 2:2 83:13,15,23 85:9 12:13 13:1614:12 saw 8:23 19:21 38:9 60:176:8 speak 8:7 20:9,12 86:6,23 14:16 16:24 17:2

27:9 54:24 77:18 semester 13:21 25:21 50:23 53:7 Stark's 85:18 17:9,21,2218:7 saying 40:18,23 send 56:4 53:12 62:3 63:23 started25:23,24 18:18,21 19:2,4

41:3 48:12 59:22 sent28:3 43:12 64:10 77:12 78:3 20:19 21:15 22:5 75:19 76:2178:6 78:6 speakerphone starts 14:7,8 23:1,17,19 25:14

says 6:23 30:15 sentence 47:19 61:22 77:11 state2:24 7:12 36:6 31:2 37:5 46:12 31:5 44:10 55:24 September 14:1,1,4 speaking 7:3 88:2,7 47:15 48:7,8,18 61:3 74:19 sequence 59:20 specific 22:4,7 27:5 stated 76:4 77:16 48:18 49:2,11

schedule 12:10,10 serve 78:16 79:1 32:9,22,22 33:21 77:20 53:6 54:17 56:1,7 12:14 83:14 served 42:13 34:4,7 47:5,6 statement 53:2 56:20 80:3 81:20

scheduling 9:7 service 26:17 28:4 specifically 19:3 57:17 61:6 64:1 82:7 scholarships 11:23 39:15 40:23 41:10 47:18 51:20 72:23 75:19 students 15:14,15 school 8:6 13:9 41:22 81:20 specifics 45:20 statements 27:15 19:14 20:2136:15

36:7,22 37:8




5 1 3 - 6 2 1 - 7 7 2 3 FX. 5 1 3 - 6 2 1 - 6 5 5 8 P a g e 10

37:3 56:16 take 14:18 15:7 thereabouts 14:6 19:8 82:22 12:1 16:10 20:2 study 46:15 27:24 46:23 47:1 24:12 66:20 told 27:18 30:1,3 30:20 33:6 34:21 stuff 47:2 53:2 61:12 69:5 thing 40:3 41:7 47:2148:14 50:22 44:5,20,21 45:1 subject 55:9 81:7 47:4 58:15 86:8 51:18 56:1662:11 46:9 47:21 59:16 submitted 4:13 taken 2:17 4:5,10 things 31:20 33:2 65:14 68:4,16 65:17 71:17,21

82:15 88:18 6:1159:9 61:13 40:18 42:4 55:4 Tonya 49:13 72:12 75:9 76:23 Subway8:18 72:16 77:13 88:14 55:20 56:2 73:4 top 28:1 49:21 68:8 80:6,10 81:11 successful 22:2 88:15 74:3 tournaments 36:6 84:17 85:4,21 suggest 46:24 69:7 takes 6:21 think20:8 46:21 touting 72:2 UCjobs.com 37:23

69:24 talk 77:19,20 74:1,13 87:5 town 71:3 uncover 71:4 suggested 80:23 talked45:4 48:18 third 13:12 16:6 Township 7:15 uncovered 71:2 suggestion 81:6 52:6 40:21 transcribed 4:11 undergraduate Suite3:6,13 talking 39:12 55:10 thorough 87:5 88:16,18 18:5 Sullivan 1:18 2:16 84:1 thoroughly 38:5 transcription 88:17 undersigned 88:5

4:5 5:5 6:1,6 7:13 talks 29:7 thought 27:6 47:5 transportation 9:8 understand 6:19,20 7:14 31:2 34:17 teaching 37:4 56:6,7,1181:8 12:11 13:1435:8,17,19 57:17 61:4,14 team8:13 12:16,19 84:6 travel 47:8 37:6 42:3 51:1 64:23 82:12 87:15 12:23 18:919:11 three 8:1 14:2 treated45:14,19 55:14 61:14 73:22 88:9,13 19:14,24 20:13 31:12 38:17 39:4 46:4 74:8 75:3

summer 30:20 31:5 22:15,16 23:15 41:2 43:19,23,24 treatment 82:7 understanding 37:8,9,10 24:20 26:127:7 44:15,17 47:20 Trey 9:23 39:10 43:5 69:1,5

superiors 81:7 27:10 28:24 33:23 58:9 59:23 60:3,7 tried 39:7 47:14 understood 25:15 supervising 37:4 48:6 49:4,21 60:15,20 66:16 Trip 9:24 74:1 supervision 36:16 technological 40:3 70:12,13 trips 36:7 under-utilization

88:17 tell 9:1 21:17 30:4,9 thrown 43:10 truth 88:10,11,11 35:5,6 supervisor 35:1 45:10,18 51:21,22 ties 68:3 trying22:10 29:15 under-utilized 35:9

57:6 54:7,13,19,24 tight41:13 46:11 35:13,22 66:12 sure 7:8 9:22 11:6 57:21 64:4 69:7 till 14:1 Tuesday 1:19 2:22 70:4,11,15,19

11:12 12:1721:4 telling 52:4 65:7 time4:6,9 8:19 turn 76:13 unhappy 73:21,24 21:2122:123:7 67:3 70:23 86:11 14:3 19:7 20:23 twice 39:24 74:3 75:5,13,14 33:2,8,13 34:12 temp26:14,17 28:4 23:18,23 31:6,12 two 11:4 13:11,13 uniforms 12:12 40:2,5 48:154:20 39:15 40:23 41:9 31:22 39:14,15,18 15:5 16:19 48:3 United 1:1 2:1 55:16 60:23 67:14 41:21 45:24 47:9 49:11 51:2 63:7 70:8,13 11:18 71:22 72:19,21 temporary 26:23 50:24 52:13 58:3 82:19 University 1:8 2:8 73:6,8 77:4 ten 22:20 63:24 58:22 59:4,12 two-year 12:6 15:8 7:19 8:4 22:24

Susan 3:5 6:7 term 69:17 64:12 67:4 68:7 type35:10 25:5 26:18 40:24 sweatpants 12:13 terminate 77:2 68:12 69:3 78:14 types 32:10 41:10 42:2 68:3 sworn6:2 88:10 terms 31:6 81:4 88:12 typical 41:7 42:6 81:23 82:6 85:13 system 13:19 18:20 testified 6:3 74:13 timely 47:11 typically 22:15 86:10,14

74-17 times 1215 45*4 upcoming 12:18 upset62:19 65:22 T testimony 75:4

( • J J U V 0 X i-r , x —' r_/ a ~

56:14,16 63:22 U upcoming 12:18 upset62:19 65:22

T4:1,1 5:10 88:1,1 86:4 tipped 70:22,23 U4:l 66:2 tables 46:15 Thank 87:9 title9:13 10:14 UA 86:21 USC 15:9 Taft3:12

^ ^ w — — . ^ ^ . ^ ^ ^

UC 8:7,20,22 9:15

WWW.CINTELCORPORATION.COM E-Mail CINTELC06GMAIL.COM

http://UCjobs.com


CIN-TEL CORPORATION PH. 513-621-7723 FX. 513-621 6558

P a g e 11

USCA 13:17 use 18:20 19:22

26:8,17 usually 16:2,3 utilized 24:21

35:17

vacation62:3 63:2 valid 36:15 47:2 validity 46:2 valuable 71:21 van 36:7 vice-provost 44:19 view 45:19 46:2,8

70:24 73:1 viewed 45:1 voice 45:15 volleyball 9:6 volunteer 18:17

25:1,6 26:4 vs 1:7 2:7

W wage 20:24 wait41:l Walnut3:13 want6:17,18,18 7:l

9:2139:9 42:23 61:15 62:6,19,21 66:173:20 74:6 74:21 75:4,15

wanted24:20 25:16 32:145:15 48:3 48:20 56:1 58:17 68:13 69:14 73:5 73:7,24

wants 79:2 way 19:18 24:21

35:8,19 37:6 45:18 46:17 48:19 69:9 70:10 77:22

website 8:22,23 33:1,6,7 34:21

39:24 40:13,19 41:11

weeks 26:6,7 78:6 weights 20:22 went26:6,7 39:15

39:16 51:22 56:21 57:3 68:23 77:22

WESTERN 1:3 2:3 Wharton 47:23

48:2 50:23,24 51:3,14,14,19,21 51:23 52:7,11,13 52:20 61:19,24 62:1,2,8,24 63:7 63:20 64:7,11 72:12

whatsoever 88:23 WHEREOF 89:1 white 48:8 winks 7:9 withdraw 39:8 witness2:17 4:5,12

5:3 54:22 88:19 89:1

women's 9:6 word 19:22 wording 75:21 words 32:21 65:12 work20:l 37:21

46:10,13 62:19 66:2

worked 8:7,10,11 8:14 20:19 26:13 46:15 47:12 49:14 57:22 81:19

worker 17:21 48:8 49:1150:8

working 28:18 36:15 37:2,4

work-study 18:18 25:7

worth 6:15 write 40:22

wrong 56:5,17

X X5:l,10

Yeah24:19 49:9 year 14:14,15 15:3

16:7 21:8 22:18 23:15,24 24:1,3 26:6,12,23,24 30:20 33:22 39:12 40:24 41:7,15,20 42:6,23 43:22 58:16 80:12,18

years 8:1,12 15:10 15:1616:19,20 87:3

$ $2,300.0025:11,17

25:21 $5,200.0017:5

0 0617:8 22:18 0717:12 22:18

24:10 28:17 0810:23 21:7 28:12

30:20 51:9,18 63:9 80:9 81:3

0930:20

15:1127:20,21 1:08CV5691:7 2:7 1:301:20 2:22 1089:9 1214:16 15:21 12/10/0853:23 13th 14:2 1512:2122:15,19 15th 14:6 82:16 18003:13

191:19 2:22 19928:5 199386:19 199886:19

25:1229:17,19 37:17 43:17 44:10 57:13 64:17

2.013:11 2040:22 200330:16 200616:9 2006/200723:11 200723:13,16

24:22 25:20,23 26:3

2007/200824:1 27:14 33:22

200823:14 34:1 37:17 39:6

20091:19 2:22 34:1 89:3

2009/201079:1 201089:9 23rd 67:3,13,15,22

68:14,23 72:10,10 72:18

2413:12 275:11 295:12

35:13 34:15,18 35:14

3:3087:10 345:13 357-96683:14 385:14

45:14 37:17 38:21 38:23 39:5 40:11 57:13 64:16,19

76:1,3 4th31:7 4:0055:2 4012:213:6 4253:13 4583:24 45-mimite 86:23 452023:6,13

55:15 53:19,20,22 5133:7,14 535:15

6 65:7,16 39:6 79:13

79:15 6th 14:6 31:8 6003:6 621-88003:7

7 75:17 82:10,13 795:16

8 825:17

9 9th 61:1166:19,21

70:12 9486:1 9886:2



Windows Live Hotmail Page 1 of 1

m Windows Live™

Hotmail [email protected].

Inbox

Junk

Drafts

Sent

Deleted

Home Profile People Mail Photos More* MSN ▼ Search the wet

New ! Deiete Junk | Mark as ▼ Move to JH Messenger * ] Op

Basketball

Personal

School Emails

Manage folders

Related places

Today

Contact list

Calendar

Privacy

Reply Reply all Forward [

FW: Application Materials From: SuHivan, Brian (sullivbr) ([email protected]) Sent Frl 1/11/08 6:39 PM To: Jason Moberiy [email protected])

# 5 attachments ff&S Acknowled...rtf (6.0 KB), ApplicatL.doc (18.4 KB), BGI Time .JPG (1793 KB), I-9.pdf (366.8 KB), W-4.pdf (50.7 KB)

Jason,

I just found out that we have to pay you through a temp service look over the process and decide if it worth the effort and let me know.

Thanks Brian

From: Reveal, Nancy (revealna) Sent: Monday, January 07, 2008 9:45 AM To: Suilivan, Brian (sullivbr) Subject: FW: Application Materials

Brian,

These are the forms Jason Moberiy will need to complete. 1 wil! explain the procedure to you during our meeting.

Nancy

From: [email protected] [mailto:[email protected]] Sent: Thursday, July 06, 2006 12:24 PM To: [email protected] Subject: Application Materials

SEE ATTACHMENTS

If you need anything, please feel free to contact me.

ve

Samsun WITH HEW-21

Greg Niklas 513-761-5000 513-821-4032 FAX 513-607-9687 CELL

22

wu-n./Zkii i <<«-.? u-.ii i z. «™;i i « ,

PLAINTIFF'S raiBIT

s 5-W-./moii/i^knvT ;«"k+ 0™vTCnU^TT\^ftAnnnnnA nann nAAn yi/o^/inno






http://u-.ii

Windows Live Hotmail X <*■£*-> J- U l i

II? Windows Live" Home Profile People Mai! Photos M o r e ' MSN r Search the wet

Hotmail j_mober|[email protected].

Inbox

Junk

Drafts

Sent

Deleted (1)

Basketball

Personal

School Emails

Manage folders

Related places

Today

Contact list

Calendar

Privacy

New [ Delete j Mark as ▼ Move to ▼ j

Reply Reply all Forward [

RE: Application Materials From: Jason MoberSy ([email protected])

Sent: Fri 1/11/08 8:08 PM To: Sullivan, Brian (sullivbr) {suflivbr@ucmaiLucedu)

i'li fill it out this weekend and give it back to you Sunday.

Messenger T | Op

Subject: FW: Application Materials Date: Fri, 11 Jan 2008 10:34:56 -0500 From: [email protected] To: [email protected]

Jason,

1 just found out that we have to pay you through a temp service look over the process and decide if it worth the effort and let me know.

Thanks

Brian

F r o m : Reveal, Nancy (revealna) Sent : Monday, January 07, 2008 9:45 AM T o : Sullivan, Brian (sullivbr) Sub jec t : FW: Application Materials

<-*V..

Jhei

DisGOV

Spent

CathvsT

Brian,

These are the forms Jason Moberly will need to complete. 1 will explain the procedure to you during our meeting.

23

hitn://hl115w.blul 15.mail.Hvexom/mail/IiiboxLiRht.aspx?FolderI]>00000000-0000-0000... 4/26/2009




! UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JASON MOBERLY

Plaintiff,

vs.

UNIVERSITY OF et al.

Defendants,

Case No. 1-G8-CV-00569

Judge Weber

AFFIDAVIT OF JOHN HURLEY

) ) ss;

County of Hamilton )

1. I am the current head coach of the University of Cincinnati Clermont

College Men's Basketball team. I have held this position since 2003.

2. During the summer prior to the 2008-2009 academic year, UC Clermont

began a search to fill the position of Assistant Men's Basketball Coach at the College.

The search committee included Athletic Director Brian Sullivan, Director of Student Life

Kim Ellison and me. We interviewed several candidates for the position including Jason

Moberly, the individual who had served as assistant coach during the previous year. We

all believed Mr. Moberly was the most qualified person for the job.

3. Shortly after his interview Mr. Moberly notified me that he had contacted

Karen Faaborg, Vice Provost for Academic Personnel at UCs main campus, regarding

his concern about "institutionalized racism" at UC Clermont. Mr. Moberly later told me

PLAINTIFF' EXHIBIT

_^£- ~33

that he had spoken to George Wharton, Director of UC*s Equal Opportunity Office,

about the same issue.

4. Following the completion of the interview process for the assistant

coaching position, but before it was offered to anyone, I participated in a conference call

with Mr. Sullivan and Ms. Ellison. Ms. Ellison indicated that the purpose of the phone

call was inform us that Mr. Moberly was not going to be hired. I asked the reason for

her decision and she told me that Mr. Moberly would not be hired because, in effect, he

had complained to officials on the main campus regarding institutional racism at UC

Clermont affecting African American athletes. She further stated that she had obtained

additional information about another candidate for the position which reflected that he

had played professional basketball overseas' and explained that this was an additional

reason supporting the selection of another candidate. I in turn explained my belief that

overseas play had no apparent relevance to the assistant coaching position.

FURTHER AFFIANT SAYETH NAUGHT.

View/Edit Posting - Assistant Coach Minor Sports (NE) Mbb - 27UC2394

» Welcome Nancy Reveal. You are logged in.

Page 1 of 5

Monday, April 6, 2009

View/Edit Posting - Assistant Coach Minor Sports (NE) Mbb - 27UC2394

Applicants

Applicant List - Forwarded to HM

Job Posting Fiver

Funding/PBC Advertising Advertising Accounts Sources

Posting _ . Semi- .... Post .. . , _ .« n - * Guest _ .. . Hiring u . Notes / Specific Points ,, Finalist „ a , Hire u . . ' ^ .. User ,_ Proposal _ . .. History Questions Form - Detai s 7

To create a requisition, first complete the information on this screen, then click Continue to Next Page>>. Proceed through ail sections completing all necessary information. To submit the requisition to human resources, you must click on the Continue to Next P a g e » button from the last section. Once a summary page appears, select the Submit button and click Continue. Your requisition will not be saved or sent to the next status until you see the confirmation page and dick the Confirm button.

Fields that are viewable by applicants are identified in red text.

Select Continue to the Next Page to enter information into the Funding/PBC tab or selext to Save and Stay on This Page to bypass the Funding/PBC area.

squired information is denoted with an asterisk.

Action

College/Division

Department

SAP Position Title

SAP Position Number Enter TBD in this field if creating a new position

Fill Vacancy

Clermont College

CC Athletics

Asst Coach Minor Sp (Ne)

70031403

Job Title Assistant Coach Minor Sports (NE

Limited To

Working Title (if different from Job Title) Assistant Men's Basketball Coach

Organizational Unit Number 60000155

Campus Clermont

Recruitment Number (for Provosta! area)

lob Reference Number 272394

Position Number (For Human Resources) 27UC2394 PLAINTIFF'S

EXHIBIT

_ ^ 5 v ^ J https://www.jobsatncxom/userfil^ 4M/900O

https://www.jobsatncxom/userfil%5e

View/Edit Posting - Assistant Coach Minor Sports (NE) Mbb - 27UC2394 Page 2 of 5

Is this a new position?

Person to be replaced (if applicable)

Broadband Type

Responsible Broadband User/Research Assistant

(If this is a broadbanded position, please select the responsible broadband/Research Assistant user.)

Job Category Applicants can search by this field.

Classification

Help

Type of Appointment

If temporary, please provide the start date of the position.

If temporary, please provide the end date of the position.

Shift

Daily Work hours (i.e. 8a-5p)

FTE%

Standard Days Worked for this Position (i.e., M-F; MWF, etc.)

Please enter a pay rate. If pay is commensurate with experience this field is not applicable.

Pay Basis

Is this a Millennium position? (For Faculty Positions Only)

Track Type (For Faculty and Tenured Positions Only)

Affiliation (For Medical Center use)

Supervisor

Supervisor Telephone Number

Work Location/Office/Lab Room Number

Job Group Code

Pay Grade:

Are females underutilized in the department's job cluster?

If yes is indicated a letter summarizing the good faith efforts made to achieve a diverse pool of candidates must be posted in the justification section or as an attached document

If Yes, Goal Number (Available % from

No

None

Murphy, Theresa

Staff Position

Administrative/Professional

Part-Time (Less than 12 Months)

Varies

Varies

19%

WTFS

2192/month - paid hourly @ 6.85/hr

Bi-Weekly

Brian Sullivan

558-1559

0162

0300

98

No

https://wvwjobsafticxom/userfiles/^ 4/6/2009

https://wvwjobsafticxom/userfiles/%5e


No

Utilization Analysis report)

Are people of color underutilized in the department's job cluster?


If yes. Goal Number (Available % from Utilization Analysis report)

Are African Americans underutilized in the department's job cluster?

If Yes, Goal Number (Available % from Utilization Analysis report)


Has a waiver been received and approved for M this position? N 0

Please cut and paste Waiver text here: (if applicable)

Justification Letter

Yes

13.03

Position Description:

Job Description

Minimum Qualifications

Ideal Qualifications

Assist coaching, attend state tournament, set up for home games, drive school van for trips. Develop and implement a plan to write, call and meet local high school coaches for the purpose of recruiting; attend high school schools to recruit players and meet parents; develop plan to recruit prospects on Clermont College campus; attend coaching clinics for growth and development.

Basketball coaching experience, experience in working with college-aged students; valid driver's license. Experience with Supervision and leadership

Unusual Working Conditions

Special Instructions to Applicants

Documents that MUST be attached by the applicant (Required Documents)

Selecting options in this field will require the applicant to attach the number of documents listed. The applicant will be unable to successfully apply to your position until documentation has been attached.

If select Other please include description of Other information to be attached in the Special Instructions to Applicants section.

ATTACHMENTS: The maximum capacity for a single attachment is 2 megabytes. If the size of your document is more than 2MB, please divide it into several smaller documents and use the fields labeled RESUME, COVER LETTER, and OTHER to complete your attachments.

Email Notification -The preferred mode of correspondence is via email. I f you provided us with an email address on your application, we will email you information regarding your application status. All applicants are advised to periodicaily check their file for updated information regarding application status.

Resume Cover Letter

h%s://wwwjobsatuc.com/userfite^^ 4/6/2009


Documents that CAN be attached by the applicant (Optional Documents)

If select Other please include description of Other information to be attached in the Special Instructions to Applicants section.

Application Types Accepted

Post Immediately?

Other (See Special Instructions to Applicants)

Staff Application

Open Until Filled

Job Posting Date 05-02-2008

Notification Date

(Reminder date that position is still posted -for use of positions open until filled)

Job Close Date

Direction to HR: If this is a follow-up requisition to hire an applicant from a previous position, provide the appicant's name.>

Provide the originating requisition number for this applicant

HRSC will copy the appliicant into this position. If this is a a student position, the student hirirng manager can copy this information without HR assistance. Piease refer to the Copy From Pool section of your manual.

Responsible Student Hiring Manager/Adm User Form User

Responsible Hiring Manager ..- . . . „ . _. . , Reveal, Nancy When reviewing a requisition as a Director for - . , T . , the BG&E Term Adjunct Hiring process, ? , ,. 1 please enter the default A HR Use Only, HR Appleton, Ann in the Hiring Manager fieid.

A HR Use Only, HR

Hiring Manager Telephone Number Nancy Reveal 732-5211

Mail Location

Pass Message

Faii Message

Requisition Status

Submit for PMR or Budget review?

Internal Advertising Sources

Select one of the following Internal Advertising Sources. For External Ads, see the Advertising Sources Tab.

Quicklink

Thank you for your interest in this position. The screening and selection process is currently underway and will continue until a successful candidate is chosen. Should review of your qualifications result in a decision to pursue your candidacy, you will be contacted.

Thank you for your interest in this position. Based on your responses to the questions on the employment application, you do not meet the minimum qualifications for this position. Please do not let this discourage you from applying for other positions that interest you.

Re-opened to the General Public

No

Job Opportunities + External Advertising Sources

https://www.jobsa1xic.com/use^ 4/6/2009

https://www.jobsa1xic.com/use%5e


www.jobsatuc.com/applicants/Central7quickFind=5 9863

^Required information is denoted with an asterisk.

■MANGEL;.:;! .-- V lE^pbsrr l^vSuHK^iK^ >>:

Affirmative Action/Equal Opportunity Employer Human Resources ■ University Hall, 3rd floor * 51 Goodman Drive • University of Cincinnati

P0 Box 210039 ' Cincinnati, OH ■ 45221-0039 ' (513) 556-6381

Send comments or questions to: The Human Resources Services Center Copyright Information. 2003 © University of Cincinnati

https://wwwjobsatuc.com/userfiles/j^ 4/6/2009

http://www.jobsatuc.com/applicants/Central7quickFind=5

https://wwwjobsatuc.com/userfiles/j%5e

■Page 1 of 2

From: [email protected] To: [email protected] CC: [email protected] Subject: RE: Coaching position Date: Tue, 6 May 2008 15:04:02 -0400

Brian,

I tried to apply for the position but because I had to do it last year, it won't allow me to re-apply. I can't withdraw my application even though it was canceiied. I don't know if you want me to print out a cover letter and resume or what you want. I can give you the username and password that I created so you can go in and look at it. My information is still on. there (cover letter, resume) just doesn't include last season.

Jason

Subject: Coach ing position Date: Fri, 2 May 2008 10:58:58 -0400 From: [email protected] To: [email protected] CC: [email protected]

Jason,

The position is up on the website. I wanted to let you know so you can get on it today.

Thanks Brian

Brian O. Sullivan Program Coordinator/Athletic Director UC Clermont College 4200 Clermont College Drive Batavia, OH 45103 Tel: (513)558-1559 Cell: (513)325-4599 -Fax: (513)732-5303

PLAINTIFF'S S EXHiBIT (HjB

OMrtAAO







Windows Live Hotmail J. a g e x u i i

t$ Windows Live" Home Profile People Mail Photos More* MSN* Search the web


Inbox

Junk

Drafts

Sent

Deleted

I Basketball

Personal

School Emails

Manage folders

Related places

Today

Contact list

Calendar

Privacy

New | Delete Junk | Mark as ▼ Move to T |

Reply Reply ail Forward j

RE: Coaching position

From: Sullivan, Brian (sullivbr) {[email protected]) Sent Thu 5/08/08 5:57 PM To: Jason Moberly ([email protected])

Jason,

I was abie to move you into that application process so everything is on track. I will stay in touch.

Thanks Brian

From: Jason Moberly [mailto:[email protected] Sent: Thursday, May 08, 2008 8:06 AH To: Sullivan, Brian (sullivbr) Subject: RE: Coaching position

What should I do because I can't apply for the position?

Jason

Subject: Coaching position Date: Fri, 2 May 2008 10:58:58 -0400 From: [email protected] To: [email protected] CC: [email protected]

Jason,

The position is up on the website. I wanted to let you know so you can get on it today.

Thanks Brian

Brian 0. Sullivan Program Coordinator/Athletic Director UC Clermont College 4200 Clermont College Drive Batavia, OH 45103 Tel: (513)558-1559 ^ Cell: (513) 325-4599 Fax:(513)732-5303

Messenger T | Op

Free Cre See You Reports

mailto:%[email protected]






Windows Live Hotmail r a g e i 011

4 ^ Windows Live™


Inbox

Junk

Drafts

Sent

Deleted

Home Profile People Mail Photos More* MSN

New j Delete Junk j Mark as ▼ Move to T j

Reply Reply all Forward j

Search the wet

H Messenger ▼ j Op

Basketball

Personal

School Emails

Manage folders

Related places

Today

Contact list

Calendar

Privacy

RE: meeting From: Sullivan, Brian (sullivbr) {[email protected]) Sent: Tue 5/20/08 9:40 PM To; Jason Moberly ([email protected])

Jason,

You were paid through a temp service last year so in the eyes of the university there was no assistant coach. I have to wait until there are three applicants which I have now and will get through this quickly.

Brian

From: Jason Moberly [mailto:[email protected]] Sent: Tuesday, May 20, 2008 2:25 PM To: Sullivan, Brian (sullivbr) Subject: RE: meeting

I still can't believe that I have to interview for a position that I already have. Is this a typical thing every year? Will I have to do this again if I get the position?

Subject: meeting Date: Tue, 20 May 2008 13:12:58 -0400 From: [email protected] To: [email protected]

Jason,

What is the best day to meet next week for your interview for the men's basketball assistant coaching position?

Thanks Brian

Brian O. Sullivan Program Coordinator/Athletic Director UC Clermont College 4200 Clermont College Drive Batavia, OH 45103 Tel: (513)558-1559 Cell: (513) 325-4599 Fax:(513)732-5303

c .

if- * -

--I* -\,T..I-5» ' ,

. * * ■ r * j " *

* ksA :K

26

A i i / r n A n n

mailto:%[email protected]





WHK10WS -L-IVC IUULLLUU1

*& Windows Live"

Hotmail j_moberly@hotmai!.c.

Inbox (1)

Junk

Drafts

Home Profiie People Mail Photos More» MSN ▼ Search the wet

Sent

Deleted

Basketball

Personal

School Emails

Manage folders

Related pfaces

Today

Contact list

Calendar

Mcv's so* age. Mcr& phCiros. Mere 1m Saehpw

Privacy

New | Delete | Mark as ▼ Move to *

Reply Reply all Forward |

J § Messenger T j Op

(No Subject) From: Jason Moberty ([email protected])

Sent Wed 12/10/08 334 PM To: Brian (suilivbr) Sullivan ([email protected])

Brian,

Can you forward th is on to Kim, I don't have her emaii address.

As a coach at Ciermont my main concern is for the students. I tried to help the students get everything they need in order to be successful at the college level not only on the basketball floor but in the classroom. I have always put academics in front of athletics and will continue t o do so. I understand the "chain of command". As of now, I will fol low the chain of command when it comes to basketball and helping the kids get enrolled at the college. These student athletes are more important to me than anything else. As a coach, success is built by what your players have accomplished in the classroom and by what they do after graduation. I see my job as an Assistant basketball coach t o help these students become successful. The only way for them to be successful is if they can get the help they need to get into college and that's what I though I was doing. All I wanted to do was help these student athletes. I will continue to discuss things with Coach Hurley but from now on, I wil l include that in every email that I send. However, I did not discuss this email with him. I was wrong when I thought that because Brian was the athletic director that anything regarding student athletes would go through him. I thought I was doing my job by helping kids who come to me for help. As I stated before, I will continue to follow the chain of command but I will include Coach Hurley's name if I have to email. the Athletic Director for any future assistance in making sure these kids have a successful transition into college and athletics.

Jason

Send e-mail anywhere. No map, no compass. Get your Hotmail account now.

A7&

Thmi

AMor

Cathysft

40

PLAINTIFFS EXHIBIT

wtrv//hin W H , , i 1 <; mflil.«ve.com/maiiyinboxLiehtasDX?Foldern>=00000000-0000-0000... 4/26/2009



Jason Moberly 3585 St Rt 134

MtOrab, Ohio 45154 Home Phone (937) 403-8786

EDUCRTIQH Southern State Community College, Associate of Applied Business (Business Management Technology: Computer Programming Major) Embanet Training Course (awaiting testing for A+ Certification) White Oak High School

C0MFOTHISHI1S • Visual Basic, Pascal, and Visual C++ Programming • Excelled at programming projects assigned by Professor ■ Took a leadership role in helping other students complete programming projects • Windows 95, Windows 98, Windows 2000, Windows XP, Windows ME, Windows NT, MS-DOS • Web Design and development for private business • Repair Computer Hardware, Troubleshooting • Excel Spreadsheets • PowerPoint • MS-Mail, MS-Word, Word Perfect • FrontPage • Install and Uninstall Software and Hardware including Printers, Scanners, and Digital Cameras • Maintaining, operating, and troubleshooting V-Tel systems • Updated Computer Labs, Faculty and Staff PC's • Efficiently answer phone calls to helpdesk, solve problems over phone or fixing at computer

WDRKHISTOBY Helpdesk Technician, Siemens Business Services (May 2007—Present) Answer phones Troubleshoot computer problems from three different companies AH troubleshooting is done over the phone All companies are world wide

Head Men's Basketball Coach, Southern State Community College Scheduled practices and games Prepared our team for practices and upcoming games Maintained the team budget Scouted potential players Recruited top players in five county areas Actively promoted players to four year colleges Actively promoted program to community

Technology Assistant, Southern State Community College (July 2001 ~ September 2005) Install and uninstall software Clean and repair hardware Troubleshoot problems with classroom and lab computers Oversee all computers at Central Campus computer labs Maintain and operate Distance Learning (V-Tel System) Help maintain network stability

1002-2006)

Applicant Information Page 1 of 2

Close Window

rtaff Application

Requisition Number:

272394

Position Number:

27UC2394 Job Title: Ass i s t an t Coach Minor Spor ts (NE) Mbb

Date: May 15 2008 1:47PM

Personal Information Last Name:

s ta rks

First Name: Wi l l iam

Middle Name: ke i th

Suffix: No Response

Email Address:

[email protected]

Address: 1219 beacon s t reet

City: Cincinnati

State: OH - Ohio

Zip Code: 45230

Country: No Response

Primary Contact Number 513-232-1118

Alternate Contact Number 513-659-0022

For purposes of compliance with The Immigration Reform and Control Act, are you legally eligible for employment in the United States? Yes

Are you a previous or current University of Cincinnati employee? No

If you are a previous or current University of Cincinnati employee, what is your ID number?

In case of emergency, who should we notify? (Please include name and phone) Leann s tarks 513-659-0022

^tfiajse select your preferred working site(s): ; University of Cincinnati West Campus Clermont CoBege Branch Campus (Batavia, Ohio) University Medical Schools (Colleges of Medicine, Nursing X College of Applied Science (2220 Victory Parkway) and Pharmacy) Raymond Waiters Branch Campus (Blue Ash, 9555 Plainfield Road)

Voluntary Demographic Data Are you disabled? Are you a veteran of the

Vietnam era? Are you a veteran (other than Vietnam era)?

Are you a disabled veteran?

Education Did you graduate from High School or receive a GED?

Yes If no, list the highest grade you completed:

List any certificates received:

d ip loma

Name of School: Major (if applicable): Degree (if applicable):

Number of Years Completed:

Did you graduate? Date Completed:

Univers i ty of C inc inna t i C inc innat i , OH

Cr im ino logy 4 Yes 06-1991

i

No Response

\ ' No Response

No Response

https://wwwjobsalxicxom/userfi]es/jsp/shared/application/PrintabIeApplicationjsp?time=I 229436145984 12/16/2008

nr./iunRFRiY nni2


https://wwwjobsalxicxom/userfi%5des/jsp/shared/application/PrintabIeApplicationjsp?time=I

applicant lniormauon Fage2of2

No Response

\( Y Experience Additional Experience Section

Use this box to explain any prolonged periods of unemployment or to list any additional work experience not listed above:

Conviction Information Have you ever been convicted of a local, state or federal offense? Note: A conviction may or may not result in confinement.

No

Conviction History Date of Conviction: Address at time of

Conviction: Charge: Penally Assessed: List your Probation/Parole

Officer:

No Response

No Response

No Response

No Response

No Response

< jjlemental Questions What prompted you to apply to the University of Cincinnati? Referred by UC Employee

Please specify from above {if applicable): Mic C ron in men 's basketba l l coach

Agreement The University of Cincinnati is a drug-free workplace. Individuals offered employment at The University of Cincinnati may be required to successfully complete a pre-employment physical which includes drug testing. Individuals who refuse to take orwho fait the drug test, after being informed, will be removed from employment consideration. A ) ! understand that any intentional or unintentional misrepresentation of fact in this application will because for dismissal, cancellation of offer, and/or negotiation of any additional employment considerations or agreements. J hereby authorize the University of Cincinnati to investigate these statements without liability arising therefrom. By my agreement of this statement I authorize any city, county, state, or federal law enforcement agency or court related thereto to release information they possess concerning me or any prior arrest which resulted in conviction. B) 1 also agree to abide by the University's Smoke Free Workplace rules as established. C) I also realize that my employment is dependent upon the successful completion of a physical examination and'attendance at orientation for new employees.

BY SIGNING BELOW, I certify that i have read and agree with these statements.

william keith starks Applicant's Mame Applicant's Signature Date

Test Scores

( \ Qosc Window

https://wwwjobsatucxom/userfiies/j^^ 12/16/2008

i ir/MDQEP! v t w n

https://wwwjobsatucxom/userfiies/j%5e%5e

To Whom It May Concern:

I suspect you'll find very few candidates with a background such as mine—and it's one I'd like to put to work on your behalf.

As you'll see on the enclosed resume, the depth of my experience in the sports industry will shine through. As a college & professional basketball player and most recently a high school & AAU Coach, my dedication to coaching and commitment to the players is the reason for my success.

Moreover, having worked in various Sports Management roles in a variety of different environments I have a diverse background and can easily adapt to any situation. I have the background to manage players, their grades, the ability to multi-task and handle conflict resolution. It is a long term passion of mine to be in a position to do what I absolutely love/helping other people and being around sporting events of alt levels. It is this passion that allows me to offer you a true partner as you Assistant Basketball Coach.

A personal interview would allow me to demonstrate my talents. 1 look forward to hearing from you so that we can schedule a meeting.

Sincerely,'

W. Keith Starks

Enclosure

William Keith Starks 1219 Beacon Street

Cincinnati, OK 45230 (513) 262-9589 cell

(513) 232-1118 home ^ Email: [email protected]

EDUCATION

UNIVERSITY OF CINCINNATI 1987-1992 Bachelor of Arts- College of Education

NCAA Basketball Scholarship Athlete

PROFESSIONAL EXPERIENCE

FIRST FINANCIAL BANK 2005 ~ 2007

FINANCIAL PLANNING SPECIALIST Wealth Resources Group - Hamilton, Ohio

Partners with Trust Administrator teams in efforts to create a customized constructive portfolio with the future goals of each client at the forefront of every plan. Develops financial solutions concentrating in estate and asset protection strategies, business owner planning, retirement planning, and investment management.

PROVIDENT SECURITIES & INVESTMENTS 2004 ~ 2005

FINANCIAL ADVISOR Private Wealth — Cincinnati, Ohio

Advising and handling all aspects of financial planning. Supervision and coaching branch staff to provide financial freedom for retail investment clientele. Overseeing 1.5 million dollars under management.

FINANCIAL NETWORK GROUP 2000 - 2004

DIRECTOR OF FINANCIAL PLANNING Cincinnati, OH

Committed to the success of clients and strived to provide financial stability to individual and institutional investors. Built book of 22 million dollars of assets under management.

UC/MOBERLY 0015


CERTIFICATIONS

Series 7 license Series 63 license

BASKETBALL PLAYING EXPERIENCE

1987-1992 1993-1994 1994-199S 1995-1996 1996 1996-1997 1997-1998

AWARDS RECEIVED

PRESIDENT LEADERSHIP AWARD MOST IMPROVED PLAYER HUSTLE AWARD MOST VALUABLE PLAYER

• TEAM CAPTAIN

VOLUNTEER WORK

PROJECT CONNECT

Director and Namesake of the Summer Basketball Camp for homeless Children.

MELROSE YMCA

Organized after school program and the D.A.R.E Program.

University of Cincinnati Boston Celtics Kortrijk, Belgium Quaregnon, Belgium Milan, Italy Cambrai, France Shanghai, China

UC/MOBERLY 0016

5/19/09 deposition given by Brian Sullivan (Moberly v. UC Clermont et al)

Documents

Transcript of 5/19/09 deposition given by Brian Sullivan (Moberly v. UC Clermont et al)