USC’s ‘Joke’ Memo Spurs Legal Action : Court: Offer to set up Cobb for a false drug arrest results in amended discrimination lawsuit.

A memo by USC baseball Coach Mike Gillespie that might have been written in jest but contained racial overtones has added a bizarre twist to a discrimination suit filed by a university athletic administrator.

An amended complaint filed Friday in Los Angeles Superior Court alleges that Gillespie’s memo, sent to Athletic Director Mike McGee, offered to help get Assistant Athletic Director Marvin Cobb fired by setting him up for a false drug arrest.

Cobb, who also heads USC’s drug-testing program, filed suit against McGee and the university last November, charging that he was not promoted in his more than five years at USC because he is black.

The memo offered to set up the arrest, then followed with a seemingly flippant request on behalf of the author’s ancestry to take care of the matter or else.

The suit said the memo was signed by Gillespie and his staff. A USC media guide lists Gillespie’s staff as Frank Sanchez, Bill Hughes, Abe Flores and volunteer coach Rob Klein, an L.A. County deputy sheriff.

Tim Tessalone, a USC sports department spokesman, said Gillespie’s memo was misunderstood by Cobb.

“It was intended as a joke,” Tessalone said. “It was sent as a parody, something to razz McGee. Gillespie even apologized immediately, once he found out he (Cobb) had a copy of it.”

Tessalone said it was probably a mistake to send the memo, but insisted it was not done maliciously.

The suit contends Gillespie was acting in retaliation because Cobb complained to athletic officials about a lack of baseball scholarships given to black players.

Gillespie sent the inter-office letter to McGee Nov. 12, shortly after the original suit was filed by Stephanie Wells, Cobb’s attorney.

But the letter was intercepted and given to Cobb, Tessalone said.

Reached in Hawaii, where the Trojans were playing this weekend, Gillespie said he could not respond to the allegations because he had not seen the lawsuit. He said he was surprised that he was named as a defendant, but declined to discuss the letter.

“I’m not prepared to know what is appropriate to comment on and what is not,” Gillespie said.

The lawsuit alleges Cobb suffered mental distress, fright, humiliation and aggravation because of the letter’s contents, which were not made available in the complaint.

Wells, Cobb’s attorney, declined to comment and Cobb could not be reached.

Cobb, a former USC football and baseball standout who later played in the NFL, recently came under scrutiny when The Times reported that there was systematic cheating on drug tests at the school. Cobb has administered the drug-testing program since 1986.

USC’s Christian Markey, vice president of general counsel, said he did not know whether the school had been served with the amended complaint late Friday afternoon.

“If it is pending litigation that we’re involved in, then there will be no comment from this office whatsoever,” he said.

The amended complaint added the names of Gillespie and school president James M. Zumberge as defendants. McGee was named in the original suit, which contends Cobb was passed over for a promised promotion because he complained about the treatment of black athletes at USC.

The amended complaint asked for $250,000 in general damages, as well as punitive damages and back pay with interest.

McGee said he would not comment until he had seen the amendment.