Titan Volleyball Preliminary Injunction Case Delayed Again

A resolution to the Cal State Fullerton volleyball team’s preliminary injunction case against the school was delayed Thursday because of more technical difficulties.

After an 50-minute hearing, Superior Court Judge Floyd Schenk took the case under advisement. He is expected to make a ruling in the next few weeks on whether to uphold the school’s decision to drop the program or begin a process to overturn it on grounds that it violates state sex discrimination laws.

A temporary restraining order allowing the team to use school facilities and practice under Coach Jim Huffman’s supervision remains intact, and Huffman will be paid at least until the ruling.

Attorneys for both sides expected a decision to be made on the preliminary injunction Thursday, but several important court documents, including individual declarations for both sides, had not reached Schenk.

Those declarations were submitted to Schenk Thursday, and the judge said he will read them before making a decision.

Documents for West Orange County Municipal Courthouse cases must be filed in Santa Ana, but several papers for this case were either filed in the wrong department or lost en route to Westminster. An original Feb. 27 preliminary injunction hearing was delayed until Thursday for the same reason.

“I’ve been on the phone all week making sure something like this didn’t happen again,” said Jared Huffman, brother of Jim Huffman and one of the attorneys representing the team.

Added co-counsel Kirk Boyd: “I’ve never had this kind of trouble in any other case.”

Those weren’t Boyd’s only problems. Schenk said he would not consider Boyd’s memorandum of points and authorities, which outlines the plaintiff’s case, because it was more than 15 pages long. Schenk said Boyd did not follow a rule that requires attorneys to get authorization from the judge to file such a document in excess of 15 pages.

In addition, Schenk disqualified the plaintiff declarations of former Fullerton associate athletic director Leanne Grotke and Lieutenant Governor Leo McCarthy because they were not taken in California, which state laws require.

Grotke’s declaration, which said the school’s decision to drop volleyball is “a giant leap in the wrong direction,” was given from Florida, where she now lives. McCarthy’s declaration, which said the school’s move could be “contrary to the intent of California Education Codes,” was given from Washington, D.C.

Both declarations would have greatly enhanced the volleyball team’s case, but Boyd doesn’t believe his case will be damaged by their loss.

“Everything Grotke said can be backed up with other evidence,” Boyd said. “It won’t change the outcome of the case. We have more than adequate information in our remaining declarations to find in favor of the plaintiffs.”

Schenk told Boyd that in order to receive a preliminary injunction, he must prove the players and coach suffered irreparable damage, show some reasonable probability of success should the case reach a permanent injunction hearing, and give some type of indication why the school president shouldn’t have discretion to make budget cuts.

Boyd argued during the hearing that the school’s decision to drop volleyball and men’s gymnastics violated state education codes that call for progress in gender equity. Boyd said the cuts--volleyball had a $141,000 budget and 12 athletes, and gymnastics had a $50,000 budget and eight athletes--bore more heavily on women than men, thus creating a greater disparity between men and women.

“We’re not asking for immediate equity,” Boyd said. “The case is about whether the university can take a step backward. Eliminating volleyball is a regressive step.”

Nancy Carlin, attorney representing the school, argued that because team members don’t have a vested right to compete in athletics, and because Jim Huffman’s appointment as coach was only temporary, they cannot show irreparable harm.

She added that the athletic department had made progress in gender equity under difficult circumstances--Cal State Fullerton endured $9 million in budget cuts this year and had to lay off many faculty and staff members.