State to Probe Cal Lutheran in Green Case : College track: Forced retirement of 71-year-old longtime coach prompts investigation of age-discrimination charges.

A state agency will investigate Cal Lutheran on charges of age discrimination on behalf of Don Green, the school’s former track and cross-country coach who ended a 21-year association with the university last spring amid charges the school mistreated him.

The state Department of Fair Employment and Housing registered the complaint Tuesday after meeting with Green for three hours. Cal Lutheran will be notified by mail and has 90 days to repond to the charges, according to Ted Herzberg, Ventura’s district administrator with Fair Employment and Housing.

The agency won’t begin an investigation for about six months because of a backlog of cases, Herzberg said. After an investigation--during which the agency is empowered to subpoena witnesses and request documents--the case will be heard before an administrative law judge who makes recommendations to the Fair Employment and Housing Commission. Appeals are heard in superior court.

Throughout the process, the agency works to achieve a settlement, Herzberg said.

“Before we know what kind of evidence we have, we’ll try to get a good-faith settlement between the parties,” he said. “But for the process to begin, you have to meet basic requirements, which isn’t much at this point. We have to look at the harm, which is termination in this case, and look at the basis, which is age, and see if there is some connection.”

Green, 71, has expressed little interest in a financial settlement or in reclaiming his coaching positions. Instead, he has called for the ouster of Athletic Director Bob Doering, whom he blames for mismanagement of the athletic department. In addition, he claims Doering has tried to force him to retire since 1989.

“This could come to quite a bit of money, but that’s not our interest,” Green said. “I want to clear up the athletic department. This is a step in the right direction.”

Cal Lutheran officials had no comment Tuesday.

Green’s simmering displeasure with the school the past several years boiled over in May when the school announced his retirement from coaching without his consent. Green retired as a teacher the year before in keeping with the university’s mandatory retirement age of 70 but remained as the track and cross-country coach.

University officials have said that Green was allowed to work one year after the mandatory retirement age as a favor and claimed his severance from the school had nothing to do with his job performance.

In 21 years, Green coached 44 All-Americans and led Cal Lutheran on a 98-meet winning streak that spanned 15 track seasons.

Although state law forbids businesses from instituting mandatory retirement requirements, colleges and universities are permitted to set 70 as a retirement age for tenured faculty. However, schools must grant faculty members the right to seek extensions on a year-to-year basis and cannot refuse employment based on age.

Cal Lutheran has replaced Green as cross-country coach with Matt Griffin, a rookie coach who ran on the cross-country team last fall. Kyle Tarpenning, an assistant football coach, was named track coach, a move that angered Hector Nieves, the women’s track and cross-country coach. Nieves claims the school violated its own procedures when it failed to open the men’s track position. Both Green and Nieves said Tarpenning told them privately that he did not want the track job. Tarpenning has said only that he did not pursue the job but will accept it.