Soccer player's suit can be tried

Court rules against UNC's Dorrance

A federal court ruled Monday that a former UNC-Chapel Hill soccer player should have a trial of her claims that coach Anson Dorrance sexually harassed her and the university failed to respond properly to her complaints.

The ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Va., comes more than eight years after the plaintiff, Melissa Jennings and her teammate, Debbie Keller, sued Dorrance and the university.

Keller, a former national player of the year, settled her side of the case in 2004 for $70,000 and an agreement that Dorrance would receive sensitivity training. Jennings pressed on despite delays and legal setbacks before reaching the full Richmond court.

If the case goes to trial, it could damage UNC-CH's image; it also could set important precedents for the relationship between coaches and players.

The case revolves around Dorrance's comments and questions of a sexual nature directed at Jennings and other players when Jennings was a backup goalie from 1996 to 1998.

Dorrance has apologized for comments that any players found offensive, but he and his attorneys have argued that he was joking as part of his rapport with athletes. They argue that there was no intention to harass Jennings and that her complaints do not meet federal definitions of sexual harassment.

The appeals court disagreed by an overwhelming margin of 8-2 in a judgment issued Monday.

In the majority opinion, Judge M. Blane Michael wrote, "The facts, when viewed in the light most favorable to Jennings, show that Dorrance's persistent, sex-oriented discussions, both in team settings and in private, were degrading and humiliating to his players because they were women. His conduct went far beyond simple teasing and qualified as sexual harassment."

In a dissent, Judge Paul V. Niemeyer said the majority was focusing on Dorrance's language rather than whether Jennings was harassed. He wrote that the incidents she described did not merit a trial for harassment.

The university issued a statement Monday that said it could not discuss details of the case, but added, "The University will have the opportunity to dispute those facts at trial -- and fully intends to do so."

Dorrance and the university could petition the U.S. Supreme Court for a ruling, but the high court grants only a small percentage of such petitions. More likely, the case will return for a trial in federal court in Greensboro, or be settled out of court.

Daniel F. Konicek, a Geneva, Ill., attorney for Jennings, said a settlement is possible, but both sides are far apart.

"I think there's probably going to be a trial," he said, "I'm not sure they're ever going to come up to our figure, and we'll never come down to theirs."

Konicek would not say what figure would be acceptable to Jennings, a UNC-CH graduate who is an elementary school teacher and youth soccer coach in Geneva, Ill.

'It's about time.'

Jennings' father, Craig Jennings, a Chicago-area financial consultant who has footed the legal bill, said, "I'd love to see it get to a trial. I think it's about time people know about was going on down there."

A trial, regardless of the outcome, could be damaging for the image of the university and Dorrance, a legendary soccer coach whose Tar Heel teams have won 18 NCAA titles, including 2006.

Dorrance dissected

In a trial, the inner workings of the elite program -- particularly Dorrance's tactics for motivating and relating to players -- would be dissected and debated before the national media. Jennings' attorney also would argue that the university failed to act on Jennings' complaints because they involved a popular and successful coach.