Lawsuit against Guevara postponed; parts dismissed, some CMU officials immune

A hearing for today was postponed after a federal judge dismissed parts of the lawsuit against women’s basketball coach Sue Guevara and Central Michigan University, accused by former player Brooke Heike of ending a scholarship because the player is not a lesbian.

U.S. District Judge Thomas Ludington said Friday that Guevara and other university officials have immunity from such legal claims in their official capacity.

“This is kind of unusual when it comes to this type of court proceeding, but it’s good for CMU,” said Manuel Rupe, the university’s general counsel. “Without hearing any oral arguments, (the judge) issued his opinions.”

Though Heike’s lawsuit was not fully dismissed, Ludington will rule on some of the original nine claims.

Rupe said the judge’s order does not specifically identify which counts are dismissed of the nine, but he alludes to which are in his statement.

Ludington said he will allow Heike to further argue that Athletics Director David Heeke was negligent in his hiring and supervision of Guevara. Heike also can elaborate on a defamation claim.

Heike is still enrolled at the university as a junior, though she lost her scholarship and left the team after the 2007-08 season.

Steve Smith, director of public relations, said the university is pleased Ludington agreed with the university’s motion to dismiss significant portions of the lawsuit.

“We will continue to vigorously defend ourselves against the remaining issues in the meritless lawsuit,” he said.

Guevara: Heike didn’t improve

The university’s argument is Heike was released from the team for her attitude and unwillingness to work hard, not discrimination of race, gender or sexual orientation. She averaged less than one point per game.

“I didn’t feel that she did anything to improve herself after being told over and over what she needed to do,” Guevara told the committee in June 2008.

In the lawsuit filed in February, Heike said Guevara told her she wore too much makeup and was not the coach’s type. Heike claims that meant she is not a lesbian.

Heike has made numerous unfounded and salacious allegations about rather mundane facts, CMU lawyers said in a court filing.

Heike’s lawyer, Cindy Rhodes Victor, said Heike is going to file a second lawsuit against CMU in state court, trying to get around the immunity issue. Victor said she still can pursue Guevara and Heeke in their personal capacities in federal court.

“Does it slow us down? I don’t see that it does,” Victor said of the judge’s ruling. “It just makes for two different lawsuits.”

Heike alleges Heeke should have further investigated Guevara’s background, particularly her history of “poor interpersonal relationships,” but she has not provided any legal support for the proposition that such conduct amounts to “gross negligence” in hiring.

She also alleges Heeke knew or should have known of Guevara’s conduct toward Heike but, again, she has not submitted any legal support for the proposition that such conduct amounts to “grossly negligent” supervision.

Heike has to submit any elaboration of facts on the defamation claim by Monday. The university then will have until Sept. 28 to respond.