MSU faces lawsuits from former head coaches

Former Montana State football coach Mike Kramer has filed a claim of wrongful termination with the state self-insurance fund, fueling the speculation of a possible lawsuit against his former school, Montana State legal council Leslie Taylor said.

When asked if a lawsuit by Kramer was imminent, Taylor said, “By filing a claim with the state, he is certainly implicating that.”

The state self-insurance fund is currently investigating Kramer’s claim of wrongful termination on behalf of Montana State University. Montana State’s legal counsel is conferring with the state self-insurance fund, which has a 120-day window to determine Kramer’s entitlement, if any, regarding the University’s decision.

Kramer was fired on May 18 after seven seasons with Montana State. The Bobcats won three Big Sky Championships in that tenure, and in 2006, made an appearance in the FCS semifinals, capping the program’s most successful run in 22 years.

But in that seven-year span, Montana State’s program was riddled with drug arrests, as well as a murder charge against a former player in June 2006. After former All-Big Sky wide receiver Ricky Gatewood was arrested for operating a cocaine ring in May, Montana State fired Kramer, with University President Geoff Gamble and Athletic Director Peter Fields declaring a “crisis in leadership.” Kramer is centering his legal claim around former players’ unlawful actions, telling The Bozeman Chronicle in June, “To have my quality of leadership questioned for the actions of players long gone from my program is unfair and not right.”

Days after his termination, Kramer hired prominent Billings attorney Clifford Edwards to represent him in his settlement case, and in early June, Edwards held a press conference from his Billings office, issuing groundwork for Kramer’s desired compensation.

In his statement Edwards said, “The way this was handled has indelibly stained Mike’s coaching career, and it may well have ruined it at 52-years-old. With no notice or no opportunity to do anything about this, when Coach was working to correct problems, I think it’s absolutely intolerable. We will work with Montana State University, and they need to recognize they have substantial monetary and legal exposure, and that needs to be addressed.”

Edwards is currently out of the country; his legal assistant, Pam Self, declined to comment on the pending lawsuit. 

Taylor also stated that Kramer’s contract would carry over from 2006.

“Under the terms of his contract, he is entitled to receive funds until June 2008,” Taylor said. “There is a provision in his contract that allowed the University to buy him out, rather than abide by his salary.”

While Taylor didn’t know how much Kramer would collect until June, he earned about $135,000 annually at Montana State.

In addition to Kramer’s legal action, Montana State is also facing a wrongful termination lawsuit from former women’s basketball coach Robin Potera-Haskins, who was fired in April 2004 after three seasons with the University, during which time she guided the team to 54 wins and consecutive Big Sky Conference titles. Potera-Haskins filed a federal lawsuit in July of 2005, citing sexual discrimination in violation of Title IX of the Educational Amendments of 1972, as well as a breach of her First Amendment rights, as the basis for her wrongful termination.

In a legal advocacy report filed by the American Association of University Women, the organization states, “Throughout her time as head coach, Potera-Haskins advocated for the women’s basketball team. She brought to the attention of senior officials the unequal treatment between men’s and women’s basketball teams including access to sponsorships, weight-training facilities, athletic trainers and financial resources.”

The AAUA also contributed financially to Potera-Haskins’ legal pursuits against Montana State. The University maintains her firing was based on poor performance. 
In a September 29 ruling, U.S. District Judge Sam Haddon rejected two counts of Potera–Haskins’ claim, but did grant her the right to provide evidence supporting her claim of sexual discrimination. Potera-Haskins’ civil case, which names both Gamble and Fields, will resume Feb. 11 in Butte. 

While Montana State will proceed with action in the Potera- Haskins’ lawsuit, the school also awaits a decision from the state self-insurance fund, which could ultimately inspire a lawsuit from Kramer.

“I absolutely have no knowledge of whether the claim will be accepted or rejected after the state’s investigation,” Taylor said. “But if it is accepted, we will defend our action vigorously.”