Former softball coach, SEMO University settle federal lawsuit, terms not disclosed

Former softball coach Lana Richmond and Southeast Missouri State University have settled a federal civil suit over allegations of gender discrimination and retaliation, according to court records.

The settlement was reached in late December as a result of a mediation effort, according to an "alternate dispute resolution" report filed in federal court on Dec. 22.

No details of the settlement were disclosed in the court document.

Richmond's attorney, Thomas Newkirk of Des Moines, Iowa, said in an email Thursday that he "cannot comment about this at this time."

Much of the case, other than initial allegations, was kept secret.

At the request of both parties, U.S. District Judge John Ross signed a "protective order" last June that prevented public disclosure of "confidential" information associated with the case, including financial and student records, university documents, business strategies or personal information concerning current or former university employees.

The judge ruled that the ban against dissemination of confidential information would "continue to be binding" even after the case was concluded by trial, appeal or settlement.

Richmond, a longtime coach at Southeast, sued the school and its Board of Regents last year, contending the loss of her job amounted to gender discrimination and retaliation.

Richmond served as head softball coach for 32 years before her contract was not renewed in 2014.

She initially filed the lawsuit in Cape Girardeau County Circuit Court on Jan. 26, 2017. An amended suit was filed Feb. 15.

One month later, the case, which alleged her federal rights were violated, was moved to U.S. District Court in Cape Girardeau.

The suit sought reinstatement of Richmond as head softball coach, compensatory and punitive damages, an audit of the university regarding its compliance with Title IX of federal law, and a court mandate that Southeast provide additional remedies and funding "to make up for shortcomings" relating to Title IX requirements.

Court records do not indicate if any of the lawsuit's demands were met, although there is no indication that Richmond would be rehired by the school.

Title IX is meant to ensure equal access to facilities, equipment and funding for male and female student athletes, according to the suit.

The lawsuit accused the university of discriminating against Richmond by "failing to treat her equally to male coaches, allowing her to be discriminated against by her supervisors, subjecting her to different and heightened scrutiny at work, holding her to different and higher standards and retaliation against her for engaging in conduct protected by Title VII."

Title IX and Title VII protect students and others who complain about equity issues from retaliation, according to the suit.

Newkirk, who represented Richmond, said in March 2017 that his client's case was one of many nationwide that demonstrate the "double standard" in colleges athletics in which female coaches are treated as "second-class citizens."

St. Louis attorney Robert Kaiser, who represented the university Board of Regents, argued in an April court document that any employment decisions concerning Richmond "were based on legitimate, nondiscriminatory, non-retaliatory" reasons unrelated to the plaintiff's gender or complaints.

In the document, Kaiser wrote that the lawsuit was "frivolous and without foundation in law or in fact." As head softball coach, Richmond had more than 880 wins, coaching teams that captured five conference championships and made several NCAA appearances, the lawsuit said.

She was inducted into the Missouri Sports hall of fame in 2016.

The team's performance declined during her last several years as head coach. During her last four seasons, the softball team won 82 games but lost 127.

mbliss@semissourian.com

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