CURL LOSES LAWSUIT AGAINST UNIVERSITY

A federal judge has ruled in favor of Southeast Missouri State University in a lawsuit brought by former Southeast Missouri State University assistant basketball coach Randy Curl.

U.S. District Judge Charles Shaw issued the ruling on Aug. 31, two days after a state court judge issued a ruling in favor of the university in a civil suit brought by Curl's former boss, Ron Shumate.

St. Louis lawyer James Virtel represented the university in both civil suits. He said Wednesday that the timing of the two rulings was a coincidence.

Shumate was fired in May 1997 amid a NCAA investigation of the basketball program. Curl also lost his job when his contract wasn't renewed in June of that year. He was an assistant basketball coach at Southeast for 10 years.

In March 1999, Curl filed a race discrimination lawsuit against the university's Board of Regents, then executive vice president Ken Dobbins and Alicia Scott, assistant athletic director in charge of NCAA compliance.

Now university president, Dobbins welcomed the judge's ruling. "I am very pleased we received a summary judgment. We felt that the case our attorneys put forward was very strong, and obviously the judge agreed," he said.

Curl, who is black, accused the university of singling him out because of race. Curl said he was falsely accused of having stolen money and having falsified records and documents related to the theft.

Curl was charged with felony stealing in October 1997. He was ultimately acquitted.

The suit claimed the university used the accusations to secure a criminal investigation and prosecution of Curl by the Cape Girardeau County prosecuting attorney's office.

Curl charged that he was the only coach involved in the basketball program to be prosecuted. He said the other two assistant coaches were allowed to resign rather than be involuntarily terminated.

Curl, who resides in Florida, claimed the university's actions contributed to his failure to secure another coaching job.

Dobbins said the university played no part in Cape Girardeau County Prosecuting Attorney Morley Swingle's decision to prosecute Curl.

In his summary judgment, Shaw said the university didn't discriminate against Curl. The judge dismissed two other claims made by Curl that accused the university of a breach of contract and "tortious interference."

The judge said those issues are a matter for a state court and dismissed the two claims. Curl could raise those claims in state court if he wants to file another lawsuit.

He also could appeal the federal judge's ruling. Caruthersville lawyer W. Edward Reeves represented Curl. He did not return phone calls and his secretary said he likely wouldn't speak to reporters about the case.

In his order, Shaw cited evidence showing that Curl violated NCAA regulations and as a result his employment contract with the university

Shaw wrote that university documents and banking records showed Curl had cashed four checks made out to then basketball player David Montgomery and deposited one into his checking account. Montgomery was compensated as a team manager for work he didn't do.

That was one of the infractions cited by the NCAA when it placed the university's men's basketball program on probation in 1998.