Administrator's case against athletics ongoing

By CINDY GONZALES

On Jan. 25, a judge ruled that four out of five complaints in a lawsuit filed against Fresno State by Diane Milutinovich were to move forward.

In the lawsuit, filed in Oct. 2004 in Fresno County Superior Court, Milutinovich claims she was terminated from the athletic department in April 2002 for speaking out against the department.

Rayma Church, Milu-tinovich’s lawyer, said after Milutinovich’s complained, she was required to resign from her position in the athletic department or transfer to a position outside the department.

“This isn’t an unhappy employee suing,” Church said. “She wants the school to do the right thing.”

“Four of the five causes of action in the lawsuit that were moved forward were discrimination in violation of the [the Federal Employment and Housing Act], retaliation in violation of Title IX, retaliation in violation of the FEHA and violation of the business and professional codes,” Church said.
The “whistleblower” retaliation complaint was dismissed.

“The university demurrer was granted in part and denied in part in the ‘whistleblower’ cause of action,” Church said.

Milutinovich said an amended complaint was filed Feb. 4 for the “whistleblower” cause of action, allowing the university 30 days to file an objection.

Church predicted the case could take “at least 18 months to 2 years” before it is heard by a jury.

“Diane’s case is not just for her benefit,” Church said. “She’s doing this for the student-athletes and coaches.”

Milutinovich is considered an advocate of Title IX, the federal law requiring educational institutions receiving federal funding to provide equal opportunities for male and female students in all programs, including athletics.

“I think I have a significant amount of experience in Title IX and athletics that should be put to use,” Milutinovich said.

Milutinovich had worked in athletics for more than 23 years before being transferred.

Currently working in the University Student Union and as a member of the athletics monitoring committee, Milutinovich said she is known for speaking out against Title IX violations.

“As far as working in the Student Union, the people who work here are terrific; the student groups that we work with here are terrific,” Milutinovich said. “It’s not that I hate coming to work everyday; it’s just that I was trained in another area and my expertise is in another area.”

Since her removal two years ago, she is the only person to have been dismissed from the department because of a lack of funds, the suit claims. But Church said the athletic department has created 17 new positions since Milutinovich was removed.

“I’ve said a number of times that I believe we’re out of compliance in all 13 areas of Title IX,” Milutinovich said.

A compliance review of Fresno State by the Office of Civil Rights, the U.S. Department of Education branch that enforces Title IX compliance, is scheduled to begin in March.

Church could not predict whether or not an audit by the Office of Civil Rights would take place after the investigation.