SHUMATE INVEILS $300,000 LAWSUIT

Former Southeast Missouri State University basketball coach Ron Shumate filed a lawsuit Wednesday seeking nearly $300,000 in damages from the university's Board of Regents, stemming from his 1997 firing.

Shumate's four-page petition filed in Cape Girardeau County Circuit Court also named the school's executive vice president of financial affairs, Kenneth Dobbins, as a defendant.

Shumate claims he was wrongfully fired and the defendants concocted false charges of NCAA regulations and encouraged others to make false statements before the NCAA.

Shumate also claims the real reason he was fired after 17 years was "substantially or materially based, in part, on his age."

He seeks actual damages of $226,662 for lost salary and $67,998 for benefits. He also seeks unspecified punitive damages for "emotional distress, embarrassment and humiliation ... and damages for loss of reputation in the community."

Shumate claims the "defendants' actions were willful, wanton, malicious and with conscious disregard."

Shumate asks that the court award him reinstatement or equitable pay in lieu thereof.

Southeast President Dale Nitzschke said Thursday that he had not seen the suit "and until I do, I will withhold comment."

Shumate was fired in the midst of an NCAA investigation in May 1997. The investigation later concluded that it found violations in the areas of extra benefits, recruiting, financial aid, institutional responsibility and ethical conduct.

The violations cited included cash payments, loans, excessive compensation, compensation for work not performed, and transportation provided by Shumate and his staff to players and recruits, the NCAA said. The school was put on a 3-year probation.

Shumate was recently denied having his show-cause penalty cleared by the NCAA. The show-cause penalty requires any NCAA member seeking to hire Shumate in an athletic-related position to appear before the committee on infractions. The committee then decides whether to curtail Shumate's duties for a period of time.

Shumate claims he has "been deprived of his ability to obtain reasonably similar employment, and has suffered loss of business as a basketball coach."

In firing Shumate, Southeast claimed it was "cooperating fully with the NCAA."

In addition to Shumate's firing, assistant coach Randy Curl's contract wasn't renewed, while fellow assistants Scott McCowan and Kirt Cochran resigned as a result of the investigation.

For the school's "cooperation," the NCAA put the school on probation instead of banning it from postseason play.

Shumate remains Southeast's winningest basketball coach, although second-year head coach Gary Garner has led the Indians to their most successful season since moving up to Division I eight years ago.

Shumate, who was instrumental in getting the Show-Me Center built, came to Cape Girardeau in 1981 and compiled a 306-171 record at Southeast. He coached nine 20-win teams and led the Indians to the NCAA Division II championship game two times.

His best season was in 1987-88 when Southeast went 28-4. His worst was in 1995-96 when the Indians finished 8-19.