Ex-Volleyball Coach Plans Suit Against Fullerton : Jurisprudence: Huffman charges that his firing was retaliatory because he initiated legal proceedings when school attempted to drop sport.

The bell for Round 2 of the legal fight between Jim Huffman and Cal State Fullerton will ring Monday when Huffman, the former Titan women’s volleyball coach, files a $1.2-million wrongful termination suit against the school in Orange County Superior Court, Huffman’s attorney said.

Huffman was fired March 23, one working day after a judge signed a preliminary injunction blocking the school’s attempt to drop women’s volleyball. Huffman and his players had filed a suit against Fullerton on grounds that eliminating the sport violated state sex discrimination laws.

Fullerton reinstated volleyball as part of an out-of-court settlement in May, but Huffman, who spent three years at Fullerton, was not retained. Unable to land a coaching job, he is working at an Anaheim-based sports apparel company.

In his complaint, a copy of which was obtained by The Times, Huffman claims his firing was retaliatory in nature--that he was discharged “not because of job performance but because he, in good faith, spoke out against illegalities in the CSUF athletic department and initiated successful legal proceedings which resulted in negative publicity to CSUF and its administrators.”

According to the complaint, Huffman was told by Athletic Director Bill Shumard in early February that if it were up to school President Milton Gordon, his 30-day severance pay would be rescinded. The complaint also claims that other Titan women’s coaches were reprimanded for providing information and testimony in support of Huffman’s suit.

Huffman will sue Gordon, Shumard and Vice President for Personnel Jack Bidell as individuals as well as in their capacity as Fullerton administrators. Also listed as defendants are Barry Munitz, in his capacity as California State University Chancellor, and the Board of Trustees for the California Sate University system.

In addition to $1.2 million in general and special damages, Huffman is seeking punitive damages and attorneys fees.

“We put a pretty high value on this case considering they ruined a 33-year-old guy’s career,” said Jared Huffman, Jim’s brother and an attorney in the San Francisco firm of Boyd, Huffman & Williams. “It all boils down to the fact that there was no reason to fire him except that he brought a lawsuit against the school.”

Nancy Carlin, who represented the school in last spring’s legal proceedings, was out of the office Friday and could not be reached. Shumard declined comment.

Jim Huffman was unable to resolve his claims through the CSUF grievance procedure, and Jared Huffman said the school did not respond to a settlement offer, made last week, requesting an amount significantly less than $1.2 million.

The suit alleges that Fullerton administrators interfered with Jim Huffman’s civil rights and deprived him of First Amendment rights to free speech and to petition the government for redress of grievances.

The complaint also alleges that Huffman’s firing was a breach of an implied contract with the school.

Huffman’s three one-year contracts expired Dec. 31 of each year, but twice during his Fullerton tenure, he entered the month of January without a new contract. He was told by athletic department administrators that he’d eventually receive another contract.

According to the complaint, Huffman didn’t sign a contract for 1991 until Mar. 27 of that year, almost three months after his previous contract had expired.

Huffman entered 1992 without a contract and was recruiting and preparing for the 1992 season when the school announced Jan. 28 that volleyball would be dropped. Huffman said he had no idea such a move was even being discussed.

His complaint alleges that, shortly before the announcement, Shumard helped Huffman secure a long-term lease through a CSUF program that obtains donated or leased cars for coaches and chose Huffman as the “coaches’ representative” for an athletic department fund-raiser scheduled for May 1992.

“Shumard admitted on Jan. 28 that the only reason he was getting rid of Jim was that he was dropping the program, not because of job performance,” Jared Huffman said. “They’ll probably say it’s a non-renewal of a contract case, but if you look at the facts, his contract expired on Dec. 31, 1991, and he was fired on March 23, 1992. Obviously there was an understanding that he was going to be rehired.”

Jared Huffman said he has depositions from Ed Carroll, former Fullerton athletic director, and Steve DiTolla, former associate athletic director, saying Jim received outstanding performance reviews and salary increases in each of his three years at the school.