Banned Athlete Sues, Says Reputation Ruined

A Ventura College basketball player filed suit against the community college district Wednesday, claiming that he had no opportunity to defend himself when he was declared ineligible to play last season.

Guard Sean Van Gundy and two other players who filed similar Ventura County Superior Court lawsuits claim that their reputations were ruined after the Western State Conference would not allow them to play during the 1997-98 season because they allegedly received meal subsidies the prior season.

The suits claim the players suffered damages, including “extreme anguish, anxiety, tension, nervousness, nausea, sleeplessness, physical upset, emotional distress, embarrassment and loss of human dignity.”

They also contend that the district libeled them and violated their right to privacy when it reported to the media last summer about alleged violations in the men’s basketball program.

Van Gundy’s lawsuit requests an unspecified amount of compensatory and punitive damages.

Along with the district, the lawsuit names as defendants Chancellor Philip Westin, Ventura College President Larry Calderon, Dick James, the college’s athletic coordinator, and Steve Tobias, dean of athletic affairs at Ventura College.

Westin said he was “surprised to hear they filed a lawsuit,” but had no further comment. James also declined comment. Tobias and Calderon could not be reached.

Neither the basketball players nor their attorney could be reached Wednesday for comment.

The suits state that players should not be found to have violated any regulations of either the conference or the Commission on Athletics because they were assured by district officials and their former coach that accepting free meals was allowable due to “a special contractual business relationship” that was available to all student athletes.

In addition to Van Gundy, the conference levied sanctions against five other players in October after a five-month investigation revealed violations of state athletic rules by coaches and boosters during the two years that the team was headed by former Coach Virgil Watson.

Van Gundy’s suit states that he was denied due process because he was not warned that he was violating Western State Conference regulations, nor was he afforded “any hearing or opportunity to protest the basis” of the findings.

The players “were never given a chance to present the facts” or “exonerate themselves in any way,” the claim states.

They also claimed that the conference and district ruined their reputations, caused “shame, mortification, and injury to feelings,” and a loss of scholarships.

The lawsuit also names as defendants Watson, the Western State Conference, JoAnn Fortunato, state commissioner on athletics, and the California Community College Commission on Athletics.

The dismantling of the Ventura College men’s basketball program began a year ago when district trustees voted 4 to 1 to not renew Watson’s contract, citing poor teaching ability, allegations of recruiting violations, and lack of basic communication and math skills.

Watson, who replaced Phil Matthews as an interim basketball coach before the 1995-96 season, led the team to its second consecutive state championship.

Watson filed a claim against the district, saying it had denied him due process and damaged his reputation, which ultimately resulted in a $70,000 settlement reached Dec. 23.

After Watson was fired, the district conducted an investigation of the men’s basketball program and found rules violations by boosters, coaches and faculty members, including illegal recruiting tactics and providing such amenities as free books and rent subsidies for players.

Western State Conference officials then imposed sanctions in October that included a two-year ban on post-season play and stripped the school of its 1995 and 1996 state championship titles.

The following month, Calderon suspended all games for one year rather than patch together a men’s basketball team one week before the start of the season.