Plaintiff,
vs.
PETITION
and
JURY DEMAND
COMES NOW the Plaintiff, Nichole Moody, and for her cause of action hereby states as
follows:
INTRODUCTION
1.
This is an action under the Iowa Civil Rights Act, challenging Defendants race
3.
fully accredited four-year state university established pursuant to Chapter 260C of the Iowa Code,
governed by the state board of regents, doing business in Story and Polk Counties in Iowa.
4.
Defendant State of Iowa, a sovereign state as defined in the Iowa Code, has its
6.
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PROCEDURAL REQUIREMENTS
7.
On approximately May 15, 2015, within 300 days of the acts of which she complains,
Plaintiff filed charges of education discrimination against Defendants with the Iowa Civil Rights
Commission.
8.
On approximately January 21, 2016, less than 90 days prior to the filing of this
Petition, the Iowa Civil Rights Commission issued an Administrative Release with respect to
Plaintiffs charges.
FACTUAL BACKGROUND
9.
Defendant William Fennelly has been the head coach of the Iowa State University
Nichole graduated from Trinity High School in Euless, Texas in 2011. She was a
three-time all-district selection, Texas Basketball Magazine All-State selection, 2011 McDonalds AllAmerican game nominee, and a top 100 recruit.
12.
The University hosts an annual Elite Camp designed for elite high school players
who have achieved All-Conference, All-Area, or All-State honors. Nichole attended the Universitys
2010 Elite Camp and stood out as a skilled and promising player.
13.
The first time that Nichole spoke to Defendant Fennelly was on the last day of the
2010 Elite Camp. Fennelly told Nichole that his coaching staff discussed the camp participants and
had decided Nichole would be great for the Universitys Womens Basketball team.
14.
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15.
At the time that Nichole committed, there was only one black player on Fennellys
16.
17.
Defendants treated Nichole and other black womens basketball players differently
roster.
While preparing for her first academic year, Nichole told Academic Advisor Jeff
Sessler that she wanted to be a veterinarian, and that she wanted to pursue a pre-veterinary
curriculum at the University.
19.
Sessler told Nichole that he would have to check with Fennelly about her request.
20.
Sessler denied Nicholes request and explained that it would be too difficult to
manage a pre-veterinary program and basketball. He gave her a limited list of different majors that
she could choose from. Sessler told Nichole that most of our athletes do communications.
21.
Sessler made it clear to Nichole that the Athletics Department only wanted athletes
Fennelly and his coaching staff immediately discouraged the black athletes from
criticized her, made negative comments about her and her family, and alienated her from fans,
teammates, staff, and her own parents.
24.
Early in her freshman year, Nichole was assaulted while visiting a bar near campus.
Nichole was called before a University dean and made to answer for her involvement in the
altercation. The dean declined to impose any discipline against Nichole when it was discovered that
she was not the aggressor.
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25.
Even though Nichole was not the aggressor, Fennelly summoned her to a meeting in
his office.
26.
Fennelly called Nichole a thug. He told her that everyone told him not to
recruit her because of her background. He said that he should have listened to them.
27.
During practice later the same season, Fennelly loudly referred to Nichole as a
Fennelly called Nichole a thug many more times during her enrollment at the
University.
29.
Nichole injured her hand during a practice in the fall of her freshman year. She told
an assistant coach that she could not shoot because of the injury. When Fennelly heard Nichole
could not shoot, he became irate at Nichole and yelled at her, screaming that she was failing
anyways. He then kicked her out of practice.
30.
During an early morning practice, two white athletes were leading two black athletes
in drills. Fennelly was not happy with their performance, but instead of reprimanding the white
players, Chelsea Poppens and Hallie Christofferson, who were supposed to be leading the drill, he
verbally berated black athletes Kileah Mays and Fallon Ellis.
31.
During Nicholes freshman year, Fennelly repeatedly demeaned Chassidy Cole, the
only black athlete on the team who was not a freshman, in front of her teammates, saying such
things as:
a. Chassidy will end up in prison, just like her mother;
b. Chassidy is a thug;
c. Chassidy is ungrateful for what Fennelly has done for her; and
d. The best thing to ever happen to Chassidy is Fennelly offering her a scholarship.
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32.
Fennelly continued to verbally abuse Nichole and the other black athletes
games of her freshman season. She started 29 of 31 games and played more minutes than any other
freshman.
34.
After a game during Nicholes freshman season, Fennelly called the team ungrateful
bitches. The comment brought several white athletes to tears because they had not previously
heard such crass language from Fennelly. Unfortunately, the black athletes were already familiar
with his abuse.
35.
In the spring of 2012, Fennelly made the entire team run sprints except for white
athlete Chelsea Poppens. Fennelly yelled to the team that he knew they thought he had a favorite,
that they were right, and that Poppens was his favorite player.
36.
During Nicholes sophomore year, Fennelly told her during a meeting that she
wouldnt be anything without him, that she would be playing at Rice if he had not offered her a
scholarship, and that he made her who she is. Fennelly told Nichole that all she does is bitch.
Another black athlete, Brynn Williamson, was present for the meeting.
37.
In April 2014, during Nicholes junior year, Fennelly called her into his office and
said, I know you are the one who wrote a bad evaluation about me. I know you are trying to get
me fired. Plaintiff had not written a negative evaluation about Fennelly at the time.
38.
During Nicholes senior year, there were three seniors on the team, all of whom were
black. Fennelly told the freshman class that Nichole and the other seniors were bad influences
and to stay away from them.
39.
Fennelly had encouraged players to spend time around senior white athletes in prior
years, but issued the opposite advice when the seniors were black.
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40.
In October 2014, Fennelly suspended Nichole after she asked Jadda Buckley, a white
athlete, to stop shooting the ball so the team could work on their offensive plays during a practice.
41.
The assistant coach who first reprimanded Nichole later apologized to her for the
disagreement.
42.
Fennelly told Nichole she was the most selfish player he ever had, and then kicked
over a basketball rack, walked to a balcony, and glared at Nichole for the rest of the practice.
43.
44.
During a senior meeting, Fennelly told Plaintiff, You have been trying to ruin my
life, but I will get the last laugh. I cant wait to tell coaches that call me all the negative things I
know about you.
45.
During Plaintiffs senior year, Fennelly told Nichole to stop checking on, and trying
In the fall of 2014, Nicholes uncle passed away. When Nichole asked permission to
go to the funeral she was denied and told she was selfish for asking.
47.
White athlete Jadda Buckley was allowed to attend the funeral of an unrelated
neighbor. She was not accused of being selfish for wanting to attend.
48.
During a practice in January 2015, Fennelly stopped practice and told Nichole loudly,
During a practice, Fennelly told the black athletes that they werent raised right
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50.
During Nicholes senior year, one of Fennellys assistant coaches said, This is the
first and last time we will have this many black people on the team.
51.
Fennelly never spoke with Nichole when they passed each other outside of practice,
but he would speak with the white players that were next to her.
52.
Fennelly used scout team duty as punishment for minority players and never thanked
them for helping. When white players were on the scout team, Fennelly would thank them for
helping to make the team better.
53.
During Nicholes senior year, white freshman Emily Durr would regularly hang out
with Nichole and black freshmen Nakiah Bell and Blaire Thomas. Durr had a meeting with
coaching staff and then abruptly stopped hanging out with the black athletes.
54.
Fennelly had four favorite players, all of whom were white. These players were
allowed to room together on road trips and were afforded opportunities minority players were not,
such as dinner dates with coaches and specialized training from Fennellys daughter-in-law, a former
professional basketball player.
55.
Fennellys senior basketball players have traditionally given speeches near the
conclusion of their last season. For ten years preceding Nicholes senior year, the speeches were not
reviewed by Fennelly or the coaching staff before they were delivered.
56.
Fennelly required all the black senior athletes to have their speeches pre-approved by
57.
In prior years, white senior athletes who had a chance of being drafted by the
him.
Womens National Basketball Association were allowed to continue to use the facilities in
preparation for the WNBA draft.
58.
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59.
During the last game of Nicholes career, Fennelly told another player to shut up,
and then told her that their opponent was thinking, Bitch, look at the score.
60.
White athlete Chelsea Poppens finished her career at the University in 2013. As of
June 2014, she was still training at the Universitys basketball facilities. The Universitys trainers
provided medical treatment to Poppens after she suffered an injury during a professional game in
Australia.
61.
Days after the conclusion of Nicholes senior season in March 2015, Nichole and
black athlete Brynn Williamson were told they were not welcome back to the basketball facility.
62.
Defendants removed Nichole and Brynns name tags from their lockers and left
64.
In March 2015, Fennelly told everyone he was changing the culture of the team
and then asked Blaire Thomas, a black athlete, to leave the team.
65.
Throughout Nicholes time at the University, Fennelly would threaten to take away
Throughout Nicholes time at the University, white athletes were given preferential
Nichole graduated from the University in 2015 after a stellar career in which she
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j.
Throughout Nicholes career, Fennelly portrayed her negatively to the media, saying
she would be remembered for being suspended, not for any of her numerous on-court
accomplishments.
70.
staff, including Director of Basketball Operations Josh Carper, Assistant Coach Jodi Steyer, and
Senior Associate Director of Athletics Dr. Calli Sanders, about the treatment she received from
Fennelly. Nothing was done in response.
71.
Throughout Nicholes time at the University, she was constantly demeaned, berated,
harassed, and discriminated against by Defendants. The abuse was so pervasive that Nichole
suffered severe emotional distress, which negatively impacted her grades.
72.
Despite Nicholes exemplary career on the court, Defendants did not add her to any
WNBA watch lists until her mother, Chrystal Moody, expressed her concerns about this to Director
of Basketball Operations Josh Carpenter.
73.
Nichole was selected with the 33rd overall pick in the 2015 WNBA draft by the San
Antonio Stars.
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74.
After Nichole was drafted, Fennelly stated, San Antonio is one of the leagues best
In April 2015, Nichole filed a complaint with the Iowa State University Office of
The next month, Nichole was cut by Fennellys friend Dan Hughes, coach of the
recruiting players from the south, where over half (55%) of all black Americans live.
78.
University President Steven Leaths wife, Janet Leath, attended Nicholes graduation
and spoke with her after the ceremony. Ms. Leath apologized to Nichole for Fennellys treatment
and asked questions about his treatment. Ms. Leath told Nichole that she had already heard about
much of his conduct.
79.
Josh Carper was an employee and agent of the University, acting at all material times
Jodi Steyer was an employee and agent of the University, acting at all material times
Dr. Calli Sanders was an employee and agent of the University, acting at all material
William Fennelly was an employee and agent of the University, acting at all material
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84.
Defendant Iowa State University of Science and Technology is and was at all times
material an educational institution within the meaning of the Iowa Civil Rights Act.
85.
88.
and otherwise opposed practices made unlawful by Iowa Code Chapter 216.
89.
discrimination.
90.
against her.
91.
As a result of Defendants illegal acts and omissions, Plaintiff has in the past and will
in the future suffer damages, including but not limited to mental and emotional distress, fear,
anguish, humiliation, intimidation, embarrassment, physical pain and suffering, lost enjoyment of
life, lost wages, and employment benefits.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in an
amount which will fully and fairly compensate her for her injuries and damages, for appropriate
equitable and injunctive relief including but not limited to an order enjoining Defendants from
further violations of the ICRA, for prejudgment and postjudgment interest, for attorney fees and
litigation expenses, for the costs of this action, and for such other relief as may be just in the
circumstances and consistent with the purpose of the Iowa Civil Rights Act.
JURY DEMAND
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