Guevara lawsuit cost CMU $212,174 in attorney fees

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Central Michigan University has paid $212,174.51 in attorney fees for the case involving women’s basketball coach Sue Guevara.

According to documents obtained by Central Michigan Life through the Freedom of Information Act, CMU paid law firm Fraser, Trebilcock, Davis and Dunlap, P.C., the amount from February of 2009 through April 30, 2010.

“For the Heike case, the university retained the services of attorney Michael E. Cavanaugh of Fraser, Trebilcock, Davis and Dunlap, P.C., a Lansing law firm, at the rate of $210/hour,” said Kathleen Kelly, legal assistant for general counsel, in an e-mailed statement to CM Life accompanying the FOIA information.

The FOIA did not include a breakdown of the costs because they are subject to attorney-client privilege and are protected under Section 13(1)(g) of the Freedom of Information Act, Kelly said.

CMU filed for sanctions against former women’s basketball player Brooke Heike and her attorney Cindy Rhodes Victor on May 28, asking for $174,294 from the pair.

“(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 the motion filed through district court against Heike and her lawyer.

CMU’s General Counsel Manuel Rupe said the sanctions were filed because the university felt the lawsuit was frivolous, so they could only sue for the fees incurred after sanctions were placed on Victor on July 9, 2009, according to the motion filed by Cavanaugh.

“The University has filed a motion for sanctions in the lawsuit originally filed by Ms. Heike, which is not a new or separate lawsuit,” Rupe said. “The difference between the total attorney fees incurred in representing the University and the fees that the University is seeking through its motion is due to the requirement under the court rules that a party be placed on notice before filing a motion for sanctions.”

Rupe said some of the payment for the $212,174.51 attorney fees has been paid through the Michigan Universities Self Insurance Corporation but was not sure how much.

The original lawsuit was filed on Feb. 6, 2009 against Guevara, Athletic Director Dave Heeke, CMU and its Board of Trustees and Assistant Director of Scholarships and Financial Aid Patricia Pickler alleging Heike was sexually discriminated against after she lost her scholarship following the 2007-08 season.

A portion of the lawsuit was thrown out in September and the rest was thrown out May 3 on the basis that university officials were employees of the state and immune from such claims.