CMU seeks $174,294 from former basketball player, attorney following Guevara lawsuit

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Legal battles involving women’s basketball head coach Sue Guevara and a former player aren’t over after all.

On Friday, attorneys for Central Michigan University and Guevara requested U.S. District Judge Thomas L. Ludington place sanctions on former player Brooke Heike and her attorney Cindy Rhodes Victor.

According to a 24-page court document obtained by Central Michigan Life on Tuesday, Lansing attorney Michael E. Cavanaugh is seeking fees of $162,568 jointly and severally from Heike, Victor and her Victor Firm, P.L.L.C. In addition, they are also seeking an additional amount of $11,726 exclusively from the Victor Firm.

“(Heike) and her attorney violated … numerous respects by filing and proceeding with this frivolous lawsuit, and defendants are entitled to an appropriate sanction, including their attorney fees,” Cavanaugh said in a motion filed Friday in U.S. District Court.

Cavanaugh questioned the competency of Victor, continuing: “(Heike) and her attorney knowingly accepted the risk of sanctions for the attorney fees incurred by defendants during the course of this litigation.”

CMU General Counsel Manuel Rupe and Director of Public Relations Steve Smith declined comment.

Heike filed a lawsuit on Feb. 6, 2009, against Guevara, CMU and its board of trustees, Athletic Director Dave Heeke and Assistant Director of Scholarships and Financial Aid Patricia Pickler alleging sexual discrimination after her scholarship was revoked by Guevara following the 2007-08 season. Heike alleged Guevara said on multiple occasions she was not her “type” because she wore makeup and had a boyfriend.

A portion of the suit was thrown out in September after it was determined that university officials were employees of the state and immune from such claims.

“As discovery continued, it became more and more evident that (Heike)’s remaining claims had no factual support whatsoever. In fact, it soon became apparent that (she) never had a reasonable basis to believe that evidence existed to support her claims and that she and her attorney included her most salacious claims regarding race and sexual preference discrimination merely to garner media attention and to publicly embarrass CMU and the individual defendants,” Cavanaugh said in the document.

The remainder of the original lawsuit, which included claims of defamation and that Heeke was negligent in his hiring and supervision of Guevara, was dismissed on May 3 on similar grounds.

According to the documents, Heike and her attorney filed a separate lawsuit against CMU on April 7 alleging similar allegations under Title IX.

The law, enacted in 1972, states that no person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial service.

The suit has not been served to CMU as of yet.

Heike would not comment when reached. Victor Rogers did not return any messages.