Ferraro Amended Complaint

Filing # 27932581
E-Filed 06/01/2015 03:36:36 PM
IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
PAUL E. FERRARO,
Plaintiff,
CASE NO.: 2014-CA-010117-0
v.
UCF ATHLETICS
ASSOCIATION, INC.,
Defendant.
/
SECOND AMENDED COMPLAINT FOR
DAMAGES WITH REQUEST FOR
EQUITABLE RELIEF AND DEMAND FOR JURY TRIAL
COMES NOW the
and
hereby
and
alleges as
sues
Plaintiff,
Defendant, the
PAUL E. FERRARO
UCF ATHLETICS
("Plaintiff'
or
"FERRARO"),
ASSOCIATION, INC., ("UCFAA"),
follows:
INTRODUCTION
1.
This is
under the Florida Civil

excess
claim for breach of express contract,
Rights
Act of
and unlawful retaliation
1992, in which Plaintiff is seeking damages in
of $15,000.00 for each count, exclusive of interest,
attorneys'
fees and costs.
PARTIES
2.
located within
3.
Defendant UCFAA is
private, not-for-profit corporation
with its office
Orange County, Florida.

Defendant UCFAA operates the athletics program at the
Central Florida
("UCF"),
public university
State of Florida, also with its
principal
within the State
offices and
County, Florida.
University
University System
primary campus
located within
of
of the
Orange
4.
a
UCF
was
and is
an
"agency" within the
agency," pursuant to 216.011(1)(qq), Florida
"state
5.
At all times material
hereto,
At all times material
hereto,
definitions of Florida Statutes and

Statutes.
FERRARO
was a
resident of the State of
Florida.
6.
FERRARO
was an
employee
of Defendant
UCFAA.
JURISDICTION
7.
The instant suit includes claims for
and this Court therefore has
original,
damages
exclusive
each in
excess
jurisdiction pursuant
of $15,000.00,
to
26.012(2),
Florida Statutes.
8.
This Court is vested with
wages, benefits and other

court
jurisdiction
to order
compensation
for lost
remuneration, injunctive relief, reinstatement, attorneys' fees,
costs, expenses, prejudgment and post-judgment interest, and may permit
jury
trial.
VENUE
9.
maintains its
10.
Venue is proper pursuant to
47.051, Florida
Statutes because Defendant
primary offices and conducts business within Orange County, Florida.

In
addition, the
acts and omissions that
Orlando, Orange County, Florida.

before this Court, pursuant to
give
rise to this action occurred in
Venue is therefore also proper in this Circuit and
47.011, Florida
Statutes.
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

11.
FERRARO
was
initially
December 26, 2013, pursuant to
hired
by
Defendant UCFAA
written contract with UCFAA
on
or
about
("Employment
Agreement").
12.
A copy of the
FERRARO
Employment Agreement is
the
("O'Leary"), following
hired
was
attached
Exhibit "A".
head football coach
by UCFAA's
of Defensive
resignation
as
George O'Leary
Coordinator
Jim
Fleming
("Fleming").
FERRARO has
13.
many years
(Georgia
as a
defensive
Institute of
than 30 years of
more
coaching experience, including
coordinator, and previously coached
Technology ("Georgia Tech")
and
at two other universities
Syracuse University)
under
O'Leary's supervision.
When
14.
complicated
hiring FERRARO, O'Leary told FERRARO
the defensive schemes
by "doing
that
Fleming had over-
much," and that he
too
was
seeking
to
simplify the UCF defense.

15.
When hired
"Defensive Coordinator"
by O'Leary,
16.
during
was
hired
by O'Leary,
the Fiesta Bowl
upon his
FERRARO
complied
with
he
practices,
overhaul the UCF football team's defensive scheme

17.
instructed to
delay
his official
played
in the
early January 2014.
When FERRARO
"be seen, but not heard"
was
duties until after the UCF football team
coaching
Fiesta Bowl football game in
FERRARO
was
as
also told
O'Leary
by O'Leary to
did not wish to
prior to the Fiesta Bowl.
O'Leary's pre-Fiesta
hire, attended but merely observed the
Bowl instructions
and,
UCF football team's Fiesta bowl
practices.
18.
as
O'Leary
elevated
young assistant
coach, Tyson
Summers
("Summers"),
Interim Defensive Coordinator for the Fiesta Bowl.

19.
Summers
performed
well
as
Interim Defensive
Coordinator, both prior to
and
during UCF's victory in the 2014

20.
Under Summers'
Fiesta Bowl.
UCF's defense held
direction,
offense well below its statistical per game averages for

UCF win its first and
21.
only Bowl Championship

the Fiesta
Following
Series
("BCS")
FERRARO
Bowl,
Defensive Coordinator in earnest. Such duties included
performing player evaluations, reviewing
yards
game
and
Baylor University's
points,
which
helped
bowl.
commenced his
duties
as
attending staff and unit meetings,
film, and implementing plans for spring
practice.
22.
After Summers'
performance
in the Fiesta Bowl
as
Interim Defensive
Coordinator, O'Leary's behavior towards FERRARO changed.

23.
managed the defense

24.
after UCF's
Specifically,
victory
and instructed FERRARO to install
O'Leary's
instructions to FERRARO to
scheme post the Fiesta Bowl countermanded his

25.
in the Fiesta
a
Bowl, O'Leary micro-
complex defensive scheme.
implement
complex
defensive
pre-Fiesta Bowl instructions.
Following the Fiesta Bowl, O'Leary engaged in frequent and unwarranted
criticism of FERRARO's work
as
long-time
football
coach, including, by
way of
example,
(a).
after
previously instructing
after the Fiesta Bowl
(b).
about
an
February 12,
FERRARO when
"simplify
the
defense,"
asking FERRARO to install a complex defense;
by giving conflicting
certain drills for
FERRARO to
off
season
directives and messages, such
workout in UCF's indoor
2014 and
then,
few hours
approving
practice facility
on or
later, verbally berating
O'Leary witnessed FERRARO leading the
as
very
same
approved
drills;
in
(c).
FERRARO before
meeting
after
early February 2014,
because
defensive
O'Leary
student-athlete
staff meeting, he
coaching
ceased the
meeting. By
the time
had arrived and berated and
meeting, O'Leary
profanities
requested to speak to
(FERRARO)
had not yet arrived for the
FERRARO re-convened the
belittled FERRARO with
in the presence of subordinate coaches and
staff;
(d).
FERRARO in defensive staff coach
by quizzing
different scenarios in the presence of subordinate coaches and
embarrassing
berating
or
FERRARO
depending
meetings
in
staff,
upon his
on
of
hopes
answers
the
to
scenarios; and
(e).
in
general, by micro-managing
had led FERRARO to be the

26.
O'Leary's
honor FERRARO's
defense, contrary
to what he
case.
words and conduct
appeared
to indicate
an
intention to not
Employment Agreement (an anticipatory breach); and, instead,
FERRARO with Summers after Summers'
replace
the
coaching performance
to
in the Fiesta
Bowl.
27.
O'Leary
also created
bullying, threatening behavior,

conduct
was
different from
worked under him at

28.
and
work environment that
repeated discriminatory
permeated
with
by O'Leary.
This
was
remarks
O'Leary's conduct towards FERRARO when FERRARO had
Georgia Tech and Syracuse.
Some of the
discriminatory
presence and concerned his Italian
remarks
were
uttered about FERRARO in his
heritage. Specifically, O'Leary
called FERRARO
"Guinea."
29.
O'Leary
also made
persons of Jewish descent.
discriminatory
Specifically,
when
discussing with O'Leary the possible hire
of an African-American coach if Summers left for
(as
was
rumored at the
American coach
on
American
coach],
NFL]
big
one
time),
remarks about African-Americans and
position at the University of Georgia
the conversation turned to UCF not
the defensive staff.
O'Leary stated,
"if we
hire one," but lamented that "all those
having
find
can
coons are
one
an
African
[an African-
in the NFL. It's
[the
'Ru-Ru' tribe."
While in
30.
FERRARO that he had
O'Leary's
spoken
with
office the
a
former
following week, O'Leary
assistant, who is
now a
head coach in the
NFL, and that he (O'Leary) had advised his former assistant that, while
NFL combine in
that their gums
Indianapolis,
are
to "check the
blue, because they
are
at the
[African-American] players
bigger,
stated to
upcoming
to make
faster and stronger than
sure
[African-
American] players with red gums."

31.
FERRARO
remarks. As
result,
on
eventually
enough
February 25, 2014,
Graduate Assistant Andrew
O'Leary's
had
Dodge,
actions. FERRARO
sent
copied his
FERRARO wrote
an
After FERRARO sent his e-mail to
Suites, the hotel where

UCF and
O'Leary objecting
fellow assistant coaches

as
FERRARO had been
discriminatory
and, with the assistance of
e-mail message to
of the e-mail sent by FERRARO is attached hereto

32.
of the offensive and
on
to
the e-mail. A copy
Exhibit "B".
O'Leary,
residing
since
he returned to Homewood
commencing
his duties for
UCFAA, pending the acquisition of a permanent residence.
33.
Because
spring practice
was
not set to
commence
for
approximately
two
(2)
weeks and
that his
no
concerns
defensive staff
meetings
received from anyone within UCF
day, February 25, 2014,
or
the UCFAA
Director for Human Resources, Brian Reed

As Assistant Athletic
35.
scheduled that
During
their brief
hostile work environment to Reed

When FERRARO
37.
intentions and if he
was
not
FERRARO
hoped
was
by
only
call FERRARO
UCF's Associate Athletic
Director, Reed reports directly
call,
as
was
the
("Reed"), shortly after 5:00 pm.
President and UCFAA's Director of Athletics, Todd

36.
day,
would be addressed prior to the start of spring practice.
While at his hotel that
34.
were
to UCF's Vice
Stansbury ("Stansbury").
FERRARO confirmed the
discriminatory
and
referenced in FERRARO's e-mail.
by
Reed what
tendering his resignation,
FERRARO
was
asked
his
were
(FERRARO's)
expressly told Reed that he
resigning, but simply reported the conduct in hopes that it would be addressed.
38.
Upon
information and
belief, Reed reported
FERRARO's
compliant
to
Stansbury.
39.
FERRARO
Upon
was
during
would be done
on
belief, Reed advised Stansbury that
resigning.
Based upon his conversation with Reed not
40.
FERRARO
not
further information and
their brief
immediately to
February 26, 2014,
telephone
address the
conversation
on
providing
February
any
assurance
25th that
to
anything
situation, Reed called FERRARO again, early
and stated that he
(Reed)
needed to
bring something
to
FERRARO.
41.
Reed
on
The two met in the
lobby of FERRARO's
the afternoon of February 26, 2014
(the
hotel.
very next
day
During the meeting with

after
sending
his
e-mail),
FERRARO
was
placed
March 11, 2014,

from
on
notice of his
alleged resignation,
with the effective date
A copy of the Termination Letter
by Stansbury ("Termination Letter").
Stansbury is attached as Exhibit "C".

Reed hand delivered to FERRARO the Termination Letter from
42.
at the hotel
During their meeting, Reed stated,

concerned.
Stansbury
Stansbury
meeting.
43.
Opportunity Director]
Maria Beckman
said words to the
or
"You've got
effect,
("Beckman") [UCF's Equal Employment
is involved. You should make them
Because he had heard from
44.
no
offer to settle."
an
except Reed,
one
on
the
26th FERRARO called Defensive Line Coach Lorenzo Costantini to
what
happening within the
was
but also
relayed
that Assistant Head Coach Brent
claimed that FERRARO "stabbed
to visit his
me
[O'Leary]
hopefully work together again,
Key
had stated that
had
O'Leary
in the back."
FERRARO made airline reservations
46.
assess
staff following FERRARO' s e-mail.
Costantini confirmed their mutual desire to
45.
of
evening
February
February 26th
on
to return to Maine
girlfriend, whose mother was hospitalized at the time.
47.
believing there
since
being
FERRARO flew to Maine
early
the
on
morning
of
February
to be sufficient time for UCF and/or the UCFAA to address his
27th
complaint
spring practice did not begin until March 12, 2014,

48.
"leaving
However, in his letter, Stansbury concluded that that FERRARO
the Orlando
area
permanently... [and] ha[d]
no
intent to return to
was
[his] post
as
Defensive Coordinator...".
49.
Stansbury's
conclusion that FERRARO
resigned
was
reached
despite
the
fact that FERRARO
tendered
never
resignation verbally
to anyone
in
or
writing,
as
required by the Employment Agreement.

50.
FERRARO
Nowhere within FERRARO's e-mail to
expressly
indicate that he
Defensive Coordinator for personal

51.
Stansbury
was
Agreement
with FERRARO.
FERRARO
was
52.
O'Leary of February 25,
resigning, quit,
was
left his
or
2014 did
position
as
reasons.
the authorized
Stansbury
was
of UCFAA
signatory
thus well
aware
on
the
Employment
that "written notice" from
required to effectuate his alleged resignation.
Stansbury's
Termination Letter to FERRARO
dated
was
February 26,
2014, just one day following FERRARO' s e-mail to of February 25, 2014 to O'Leary.
53.
Stansbury
had
Stansbury
referenced FERRARO's
knowledge
of FERRARO's
February 25,
2014 e-mail to
O'Leary.
54.
February 25,
2014 e-mail to
O'Leary
in the Termination Letter.

55.
Stansbury never spoke directly to
FERRARO' s e-mail
56.
After
on
FERRARO
following the
submission of
February 25, 2014 to O'Leary.
sending
the
later contacted and interviewed
February 25,
by telephone
2014 e-mail to
on
February 28,
O'Leary,
2014
FERRARO
by Beckman,
was
UCF's
Equal Employment Opportunity Director.

57.
Beckman had
58.
FERRARO
knowledge
again
of FERRARO's
Agreement with UCFAA.
reiterated to Beckman some, but not all of
O'Leary's
discriminatory, bullying and threatening comments.

59.
Beckman asked FERRARO if there
were
any video
or
audio
recordings
to
substantiate his claims.

FERRARO conceded that he did not record any of O'Leary's remarks
60.
that
a
was
not his
profanity
custom, but that he believed
laced tirade
had occurred in
by O'Leary
of the Graduate Assistants had recorded
towards the Graduate Assistants
as a
group, which
approximately mid-February.
Graduate Assistant Paul
61.
one
as
had advised FERRARO of O'Leary's
Carrington
conduct towards the Graduate Assistants and stated to FERRARO that he believed
one
of
the Graduate Assistants had recorded the incident.

62.
FERRARO
March 11, 2014, which

The
63.
signed
was
Report
prepared
summary of the
telephone
drafted by Beckman, entitled "Interview
was
interview
on
Report" ("Report").
mailed to FERRARO in Maine for his review
prior
to
executing it and returning it by mail.
and
64.
The
Report did not include all facts
65.
Additionally,
discriminatory
summarized
66.
some
By
tribe" and "blue

67.
FERRARO
FERRARO
remarks uttered
of his
discussed with Beckman.
admittedly
by O'Leary
did not disclose all of the offensive

to Beckman.
Instead, he merely
concerns.
way of
example,
FERRARO omitted
discussing
the "coon," "Ru-Ru
gum" comments made by O'Leary.
Nowhere within the
Report prepared by
Beckham does it state that
expressly resigned.
"resign" or "quit" are not found in the Report.
68.
The words
69.
Moreover, the phrase "leave for personal reasons" is also
Report.
10
not within the
70.
fired but,
It
instead,
resolve his
have
O'Leary
FERRARO wanted to
amicably
disruption
or
merely have his work environment improve.

was
advised of his
termination,
dispute with UCFAA and negotiate a fair resolution.
72.
12th,
free from
to
not FERRARO's intention to create
After he
71.
March
was
Although
he did return to Maine
prior
to the start of
spring practice
FERRARO made it clear that he wanted to return to work in
O'Leary's bullish and discriminatory behavior,
an
on
environment
and that he did not and was not
resigning.
73.
would
It
was
FERRARO's
understanding
that Defendant UCFAA and/or UCF
investigate and take action to improve his work environment.

74.
changes
As
further illustration of his
hope
that the
in the work environment and FERRARO
FERRARO left his
to his
coaching position,
Beckman said that it "would
Report
secured
they still remain at the present time.
At the conclusion of the interview with
Beckman about the next steps in the
whether the
returning
would result in
personal effects in Orlando in the same storage facility that he
after he commenced the job, and where

75.
investigation
Beckman,
FERRARO asked
investigation and how long it would take, whereupon
likely take
30 to 60
went to the President
days"
and that she "would then decide
[of UCF]
or
to the Athletic Director
[Stansbury]."
76.
FERRARO then asked Beckman to have
77.
Stansbury left FERRARO
March 1, 2014. FERRARO
attempted
unsuccessful and had to leave
Stansbury contact him.
voice mail message later that
to reach him
voicemail message.
11
shortly thereafter,
day or the next,
but likewise
was
78.
Stansbury never attempted
him at all about the
for
him
response. After several weeks
and
never
spoke
to
FERRARO waited for
Beckman,
passed,
he
attempted
to reach Reed in
period
of time
April
and left
voice message.
When Reed returned his
80.
call,
FERRARO
situation; however, Reed did not provide any details

81.
During
his last conversation with
that he had not and would not be

The
82.
days
after
receipt
(Emphasis added).
inquired
or
any update.
Reed,
FERRARO
of the status of the
once
again confirmed
resigning.
may terminate
Employment Agreement expressly states, "Employee
this agreement without

14
again
allegations in his (FERRARO's) e-mail or the Termination Letter.
After the interview with
79.
to reach FERRARO
cause
upon written notice to the Director of Athletics effective
of said notice
FERRARO
(Athletic
tendered
never
Director may waive 14

a
written
resignation
as
day notice)."
required by
his
Employment Agreement.
83.
O'Leary as
84.
UCFAA
and UCF treated FERRARO's
if FERRARO had
FERRARO
February 25,
2014 e-mail to
resigned.
was
not
terminated pursuant to
Paragraph 3(A)
of the
was
not
Paragraph 3(B)
of the
was
not
Paragraph 3(C)
of the
was
not
Paragraph 3(D)
of the
85.
FERRARO
86.
FERRARO
87.
FERRARO
12
88.
FERRARO
was
not
Paragraph 3(E)
of the
was
not
Paragraph 3(F)
of the
was
not
Paragraph 3(G)
of the
89.
FERRARO
90.
FERRARO
91.
FERRARO did not
92.
FERRARO
93.
Following
Summers
as
pretext
separation
from UCFAA, FERRARO
cause.
was
replaced by
Defensive Coordinator.
94.
a
terminated by Defendant UCFAA without
was
his
resign from his position with UCFAA.
FERRARO's
to breach the
separation,
in the form of an
Employment Agreement
position of Defensive Coordinator,
so
alleged resignation,
was
merely
that Summers could be elevated to the
and out of retaliation
against FERRARO
for
reporting
discrimination.
95.
been told
From
nothing
investigation
April
more
into his
within UCFAA
or
2014 to the time of
filing
about the status
outcome of UCFAA's and/or UCF's
complaints,
nor
or
this
heard further from
Complaint,
FERRARO has
Reed, Beckman,
or
anyone
UCF.
COUNT I
BREACH OF EXPRESS CONTRACT BY UCFAA
96.
This is
breach of the parties'
a cause
of action
by
Plaintiff FERRARO
Employment Agreement by UCFAA.
13
seeking damages
for
97.
through 95,
FERRARO repeats,
if set forth
as
more
Defendant
98.
adopts,
and
of paragraphs 1
re-alleges
the
into
allegations
fully herein.
entered
UCFAA
the
with
FERRARO attached as Exhibit "A".
Under such
99.
Employment Agreement,
FERRARO
to
was
be
provided
compensation for coaching services for two years.

100.
FERRARO
provided
and
was
ready, willing
and able to continue to
provide
coaching services for UCFAA under the Employment Agreement.

Defendant UCFAA
101.
caused the termination of the
(through Stansbury),
Employment Agreement without notice and based upon false reasons.

UCFAA did not terminate FERRARO "with cause"
102.
defined in the
as
such term is
103.
Because FERRARO
104.
To
owed under the
date,
was
not terminated "with cause"
he is owed the balance of the

less any interim
as
compensation
defined in the
owed under the
earnings.
UCFAA has failed to pay FERRARO any additional amounts
since the effective date of his
separation
of
employment with UCFAA.

Defendant's refusal to honor the terms of the
105.
caused FERRARO to incur

106.
As
retained the
legal
Employment Agreement has
damages.
result of the Defendant's conduct
services of the law firm Wilson
alleged herein.
14
alleged herein,
McCoy,
P.A. to
FERRARO has
litigate
the claims
DEMAND FOR RELIEF
WHEREFORE,
FERRARO demands judgment
found to be due and
(a).
All
(b).
Prejudgment interest;
sums
against UCFAA for:
owing under
the
Employment
Agreement;
(c).
and
Such other relief as this Court deems just and
equitable.
COUNT II
UNLAWFUL RETALIATION BY UCFAA UNDER THE FCRA
107.
This is
cause
of action
by
Plaintiff FERRARO
against
UCFAA for intentional unlawful retaliation based upon FERRARO
objecting to,
and
reporting discrimination, brought pursuant
Florida Statutes, the Florida Civil

108.
Plaintiff re-alleges
to
Defendant
complaining of,
760.01
760.11,
Rights Act ("FCRA")

1
paragraphs
through
95
as
though fully
set forth and
incorporated herein.
109.
an
The FCRA
prohibits employers
from
discriminating and/or retaliating against
employee for participating in a protected activity.

110.
and
FERRARO
participated in protected activity by complaining of, objecting to,
reporting discrimination,
in
writing,
by
virtue of his e-mail of
of the racial slurs
by O'Leary to not only
to Defendant UCFAA
February 25, 2014. (Exhibit "B" hereto).

111.
O'Leary,
FERRARO
reported
his
opposition
but also to Reed.
112.
Stansbury
and Beckman
were
58 herein.
15
also
informed,
as
noted in
paragraphs
38 and
113.
O'Leary
Stansbury acknowledged
in the Termination Letter he issued to
114.
and
FERRARO's e-mailed
Accordingly,
objections
racial slurs to
to
Stansbury. (Exhibit "C" hereto).
Defendant UCFAA
of FERRARO's
was aware
complaint
of
opposition to the discriminatory conduct.

As set forth in
115.
FERRARO suffered
2014
February 26,
an
paragraphs
adverse
41 and
94,
as
well
the Termination Letter,
as
terminated
personnel action, by being involuntarily
effective March 11, 2014, in the form of
by Stansbury,
an
on
alleged
resignation.
116.
On
July 1, 2014,
FERRARO
("Charge") asserting
retaliation for
Title VII of the Civil
Rights Act
reporting
filed
timely
and
opposing discrimination,
of 1964, 42 U.S.C.
2000e,
1981a (collectively "Title VII"):
as
Act of
1991,
Act of
1992, ("FCRA"), 760.01-760.11, Florida Statutes.
42 U.S.C.
as
amended
well
Because the FCHR failed to reach
Plaintiff's
the
Charge
Charge
760.11(8)
is
within
one
hundred
as
by the Civil Rights
the Florida Civil
as
Charge,
cover
thereby statutorily cloaked with a presumptive finding

proceed
to the merits of
as
since the date of
of the FCHR, and Plaintiff is authorized to
Rights
composite Exhibit "D."
determination
eighty (180) days
in violation of
A copy of the
letter to the EEOC, and facsimile confirmation is attached hereto

117.
of Discrimination
Charge
filing the Charge,
of "cause," pursuant to
with the instant
claim,
pursuant to 760.11(4) (a), Florida Statutes.

118.
Plaintiff's
all administrative
Charge is now judicially "ripe," and Plaintiff has
prerequisites
and all conditions
pursuant to the FCRA.
16
precedent prior to
the
satisfied any and
filing
of this
action,
There is
119.
causal link between FERRARO' s
complaint of, opposition
to and
report of the discrimination, and his immediate involuntary termination the following day, in
the form of an
120.
alleged resignation.
No
legitimate
business
reasons
existed under UCFAA's
policies
and/or
procedures to justify FERARO' s termination.

121.
FERRARO' s
purported "resignation"
was
merely
pretext for unlawful
retaliation under the FCRA.
UCFAA, through its authorized agents and employees, including but
122.
limited to
in the
Stansbury, engaged
FERRARO with full
knowledge,
retaliatory
but in willful
conduct of
disregard,
not
involuntarily terminating
of his civil
rights,
in violation of
the FCRA.
123.
As
malicious acts
direct and
through
proximate
its agents,
suffered humiliation and actual
result of UCFAA's
including
but not limited to
wrongful, intentional,
Stansbury,
and
FERRARO has
damages.
WHEREFORE, FERRARO demands judgment against UCFAA for:

for lost wages, benefits and any other
(a).
damages
applicable
(b).
compensatory damages for emotional anguish, pain and suffering
remuneration;
as
permitted by law;
prevails,
as
(c).
prejudgment interest;
(d).
front pay in lieu of reinstatement;
(e).
Plaintiff's
attorneys'
fees and costs of this
permitted pursuant to 760.11(5), Florida Statutes;
17
action,
if Plaintiff
(f).
injunctive
relief
consisting
of
an
Order
retaliatory action as provided under 760.11(5), Florida Statutes;

(g).
prohibiting
further
and
any other such relief as this Court deems just and proper.
RESERVATION OF RIGHTS
Plaintiff
reserves
the
right
to amend this
Complaint
to seek
punitive damages
against UCFAA in accordance with the requirements of 768.72, Florida
Statutes.
DEMAND FOR JURY TRIAL
Plaintiff FERRARO
of right before
DATED this 1st
jury,
as
hereby respectfully demands
trial
by jury on all issues
triable
permitted.
day of June,
2015.
Respectfully submitted,
s/ Gary D. Wilson
Gary D. Wilson, Esq.
Florida Bar No.: 0846406
Nathan A. McCoy, Esq.
Florida Bar No.: 0676101
WILSON MCCOY, P.A.
711 N. Orlando Ave., Suite 202
Maitland, FL 32751
Telephone: (407) 803-5400
Facsimile: (407) 803-4617
E-mail: gwilson@wilsonmccoylaw.com
E:mail: nmccoy@wilsonmccoylaw.com
Attorneys for Plaintiff, PAUL E. FERRARO
CERTIFICATE OF SERVICE
that, on this 1st day of June, 2015, I electronically filed

the foregoing with the Orange County Clerk of Court by using the Florida Courts' efiling
portal, with a true and correct copy of the foregoing being furnished thereby to counsel for
Defendant UCFAA: Marilyn G. Moran, Esq., E-mail: mmoran@fordharrison.com, and
Allen J. McKenna, Esq., E-mail: amckenna@fordharrison.com, and Bret C. Yaw, Esq., Email: byaw@fordharrison.com, FORD & HARRISON LLP, 300 South Orange Avenue,
Suite 1300, Orlando, FL 32801.
s/ Gary D. Wilson
Gary D. Wilson, Esq.
I HEREBY CERTIFY
18
May. 12. 2014
1:02PM
No. 3013
Ut 1 izat ion Review
Err-7
P. 5
IRTERCOLLEGIRTE ATHLETICS
OFFICE 1lF THE DIRECTOR
December 23, 2013
Paul Ferraro
4000 Central Florida Blvd.
Orlando, FL 32816
PA..-----'
(
r
l
Dear Mr. Ferraro:
Tho following serves as confirmation of the

job offer made to you on behalf ofthe UCF Athletics
Association, Inc.:
Position:
Defensive Coordinator, Football

UCPAA, Inc.
fieL, $8,750 (equivalent to n4-8-00.0.0
Effective Date:
iiaor rtb
January 3, 2014
tAild:e0PLength of Terms: I'll
Two Years (Expirer January 2, 2016)
FLSA Mahn:
Exempt
Employer:
Semi-monthly Rate:
(le
1.ICFAA benefits for this position include:
1)
2)
3)
4)
Reimbursement of relocation expenses up to a maximum $15,000.00

Sick leave, holidays
R.etirement plan
Membership options in a variety of health, life and/or supplemental group Insurance
Programs
Employment with the UCFAA is governed by the UCFAA Employee Handbook

(attached). Please note that
if employee voluntarily terminates
with the UCFAA prior to completing one calendar
employment
year's
full-time service, he/the will be
responsible for reimbursing the UCFAA the relocation expenses mentioned
above Reimbursement of relocation is at the
discretion of the Director of Athletics, and unless agreed
upon
otherwise, payment to the UCFAA shall be made within 90 days of termination
by employee.
In accordance with
UCFAA, Inc. policy, all information that you have provided to us

regarding your
credentials is subject to verification as a condition of
employment.
and your acceptance of the terms noted
by signing in the space
Please acimowledge receipt ofthis letter
pmvided so that we may proceed accordingly.
We look forward to having

you jom UCF Athletics.
Sinc_edykh/
I/
Mt
7
Todd Stansbury
Vice President and Dire
Signature acknowledges acceptance of above terms
MN
Date
UCF ATHLETICS ASSOCIATION, INC P.0

BOX 153555
ORLANDO, FL 32816-3555 (407) 823.3132 FAX
(407) 823.1274
EXHIBIT A
s
WWW.UCFKNIGHTS.COM
,May. 1 2. 2014 1: 0 3 P M
Ut i 1 i tat ion Rev i
No. 3013
ew
P. 6
1:1CF ATBLETICS ASSOCIATION, INC.
17EMPLOYMENT
AGREEMENT
LILI
On behalf of the ucF Athletics Association, Inc.

(Athletics), it is a pleasure to offer you this agreement for services as described
below. This agreement is subject to the Constitution and Laws of the State of Florida and the policies set forth in the Athletics
Employee handbook. Neither this agreement, nor any action of commitment taken pursuant to it, is final or binding upon the parties
until, and unless, the signature of the Director of Athletics or representative as approving authority, and the signature ofthe Employee
have been affixed. This agreement must be returned to the approving
authority (indicated by the signature below) within 10 days of
the date of offer.
Employee Name;
PAUL FERRARO
Position Title:
IJefensive Co ordinator
Length
of Agreement:
Annual Rate of Pay:
From:
December 26, 2013
To:
$220,000.00
Eligible
B en efits:
Football
,Department:
Classification:
January 2, 2016
Exempt
Leave:
Sick
Special Conditions ofbnployment:

Attached is the position description, Addendum "A", associated with the position title stated above, and this addendum is incorporated
by reference and made a part hereof. The aforementioned position description, position title, and classification may be modified or
changed at any time during employee's employment and such changes shall be in the sole discretion of the Director of Athletics or his
designee. Further, such a change shall not in any way be a breach of this agreement.
F1111
imowledge of NCAA, American Athletic Conference (Conference) or any conference hereinafter that the University of Central
a member, UCF and Athletics rules, regulations and
policies is a critical element of this position. Therefore,
employee must comply with all NCAA, Conference, UCF, and Athletics titles, regulations and policies. Failure to comply with these
rules, regulations and policies will result in disciplinary action appropriate to the offense and may include termination of employment.
Florida (UCF) may be
This agreement viith all Addendum embodies the

complete agreement regarding employment and it replaces any previous agreement
that Covers all or part of this period and supersedes any such previous agreement Nothing in this agreement shall be deemed to create
any right, interest, or expectancy of continued employment. flirther, Athletics reserves the right to terminate this agreement at any
time. Accordingly, Employee may be notified of termination at any time during the term of this agreement Employee may be
terminated for cause as noted on reverse immediately upon written notice from the Director of Athletics or his designee.
Employee may be terminated without cause upon written notice from the Director ofAthletics or his designee. In the event of such
termination, Employee acknowledges and accepts a duty to mitipte damages hereunder, and shall diligently search for employment.
Employee agrees to immediately notify Athletics if subsequent employment is obtained. Upon such termination Employee shall be
entitled to receive at the option of the Athletics either (1) the remaining balance of the salary payable, in accordance with normal
Athletics payroll procedures, for the remainder of the Tenn, provided that such amount shall be reduced by any subsequent
employment compensation; or (ii) a negotiated lump sum amount as identified in Addendum "B", if attached hereto and incorporated
by reference and made a part hereof.
Employee may terminate this agreement without cause upon written notice to the Director of Athletics effective 14 days after receipt
of said notice (Athletic Director may waivo 14 dv notice).
Nothing herein shall be construed as a guarantee of income derived from any duties associated with sports camps or other outside
employment income. Employee may be eligible for additional benefits and / or incentive compensation set forth on Addendum "C".
LI
Check hero if Addendum "B" is attached
1:0
Check here if Addendum "C" is attached,
UCIF Athletics Associa
By:
Name:
Title:
Date:
EmployeeR.,c,
By:
Todd Stans
ry
Direlor ofrtios
211
Name:
Title:
Date:
Paul Ferraro
Defense
I
dinator
Cor 114
May. 12. 2014
OUTSIDE EmpLoymurr AND ACTIVITIES.
I.
No.3013
Utilization Review
1:03PM
Employee shall obtain
the Athletics Director's advance
approval
to
P.
orange In any outside
athletically related Income activities whIch could impact the Employee's responribillties to Association, azd accurately report all MOW and amounts ofincome
and benefits. Source, ofsuch income and types ofactivilles shall include, but tre not limited to, the following
A. Outside employment (paid
or
unpaid)
D. Television and radio programs

G. Countsy Club memberships
B. lacome Rom annuities

E. Sports campa
H. Complimentary ticket sales
C. Affillation with other sports groups or teams

F. Housing (Including preferential housing arnmatemenb)
I.
Endorsement or censultalion COntracts (shoe,
apparel, etc.)
STANDARDS.
A.
Employee shall pawn his or her dudes and personally comport himself or herself at all times in a manner consistent with good aportsmanshlp and with the
high moral, ethical and academic standards ofAssocietion and University. At all times he or she shall exercise due cam that all personnel and students under his or
her supervision or subject to his Or her Gomml or authority shall compon themselves in liko manner. Employee shall &ohm observe and respect the principles of
institutional control of every aspect of all athletic programs.
B. Employee thriller agrees that he or alto, as well as all personnel and students under his or her control / authority, will remain conont and comply with applicabJe
federal and slam laws including the Buckley Amendment, IITPA (Hera Insuraoee %lability and Accountability Act), University regulations, and governing
athletic rules. In pa:Ocular, Employee recognitea an obllgaticn for self and personnel / =dente under hts or her control / authority to comply with laWs and
governing athletic rules including, but not limited to: recruiting Bed furnishing of unauthorized extra benefits to recaults and student athletes; illegal gambling;
Illegal betting and bookmaldng; and Illegal us; sale or pomesslon of narcotics, drugs, controlled substances or other chemicals or steroids. In the event that
Employee becomes aware, or has reasonable cause to believe, that violations Of governing athletic ndes may have taken place, ho or she shall report ibtly and
a canal* thc stmte to the Athletics Director in a timely manner.
C. Unless notice hts been given by Association to terminate employment, Employee shall not undes any circumstances discuss or negotiate directly or
PomPective emPloroffit with any other institution of higher !earning or professional athletic team without the express pezmIsslan of Aucclation.
indirectly
D. Amooistion shall have the right to lake disciplinary or COTTCCIlVB action, short of suspension or termination for cause, against Employee fer violation of any
or for any reason which would allow termination for cause listed below. Such disciplinary gallon may include, but is nct limited to
reprimand or probation and shall not affect Association's rights of termination. In addition, Employee shall be subject to disciplinary or corrective action by
appropriate officials for any violation of NCAA or Conference regulations. Such action or Inaction by appropriate officials shall not prethide or in any manner
affect Association's right to take corrective or disciplinary action.
provision of thie contract
E. ErtMloYee recognize, that the primarY mission of

Univerrity is to serve as an instl Milo of higher learning and shall Italy cooperate with academic counselon or
simiier persons designated by Aesociation to aesiet student athlete, and the faculty and administrators of Universiq in connection with the medallic pursuite of
sludeut athletes end shall use hislher personal best efforts to encourage and promote those effons. In that respect Employee recognizes that the goal of Association
and the University is that every student athlete obtains a baocataumate degree and agrees to fully support the attainment ofthis goal.
F. Employee shall at ell times take every action necessary to remain current,
comply with, and implement the policies of Association and UniversitY relating
substance abuse and to class attendance by students subject to his/her direct control or authority, and to exercise due care that all personnel and students subject
his/her direct control or authority comply with such policies.
3.
A.
to
to
TERMINATION FOR CAUSE
Neglect. inattention, or refloat by Employee to perform the duties as specified in Addendum "A".
E. Failure to comply with Athletics policies and procedures set forth in the employee handbook and policies and procedures manual; or
C.
Material, significant or repetitive violation or breach of contract by Employee, including above Standards and Outeide Employment and Activities; or
D. CommIsslon by Employee of a criminal violation of law whether prosecuted or not (excluding minor Emilio offenses); or
E.
Fraud or dishonesty of Employee In the preparation,
F.
Use
falsification, Or Aeration of University, Association, OT COnferefICO documents or records; or
consumption by Employee of alcoholic beverages Or narcotics, drugs, controlled substances, steroids, or other chemicals in such degree and for such
appreciable period as to impair significantly or materially his ability to perform his duties hereunder; or
or
0. Commission of or participation in by Employee of any act, situation, or occunenee which brings Employee into public disrepute, contempt, scandal or ridicule.
Thilure to conform personal conduct to conventionel standards of good citizenship, with such conduce offending prevailing social mores and values and/or
reflecting unfavorably upon University's or Association's reputation and overall printasy mission end objectivee, including but not limited to, acts of dishonesty,
minute-imitation, fraud, or violence that may or may not rise to a level warranting criminal prosecution by relevant authorities.
or
4.
SUSPENSION EOR CRIMINAL OR OTHER CHARGES
As an alternative to the above, the Association,, at the discretion of the
Director of Athletics, may suspend Employee with or without pay In tho event of any farmal criminal inquiries or charges being filed against the Employee or
condoning of such activities by personnel and/cr students under such control or authority which the Employee failed to act reasonably lo limit or Fermi, and such
suspension may continue until final reaolut ion of the matter or proceeding.
The Association, et the discretion of the Director of Athletics, may also suspend Employee with or without
pay in the event of any Gomel charges being filed with
the NCAA (major infractions) against the Employee or
condoning of such activities by personnel and/or students under such control or authority whIch the
Employee failed to act reasonably to limit or prevent. and such suspension may continue until Anil resolution of tho matter or proceeding.
TERMINATION FOR DEATH OR DISABILITY

This contract shall terminate automatically upon the death of 13mployco or if
Employee becomes totally disabled, preventing him or her front pe&rming Om defined duties for a period of not less than three (3) consecutive months. In the
event of termination by death or dIsebIlity, neither
Employee nor hls or her cattle shall be entitled to any compensation or benefits provided for lit this contract
except any group insurance benefits as required by law.
GOVERNING LAWS,
This contract shall be enforced end construed in accordance with the laws of Florida.
CAlsIFS AND CLINICS,; During the term of this contract, Employee shall be permitted to operate approved camps and clinics subject to the
restrictions set forth by the Associallon. Einployci agrees to operate all activities Waled to approved camps and clinics through the appropriate Association offices
as designated by the Camp Liaison.
EE Initial:
May. 1 2. 2014
1:04PM
No. 3013
Ut i 1 izat ion Review
P. 8
UCF ATBLETICS ASSOCIATION, INC,

EMPLOYMENT AGREEMENT
Addendum "C" Additional Terms
rir-F
As stated in the employment agreement between the UCFAA and Paul

during the period ofDecember 26, 2013 to January 2, 2016:
Pentro, below
are
the additional terms
Incentive Compensation
Upon participation by UCF in an NCAA sanctioned bowl gain; Employee shall receive a bowl bonus in the amount
of up to one (1) month's base salary. Such a bonus is subject to approval by the Athletics Director and contingent
upon available finding.
Additional Benefits
Employee may from time to timo be offered additional benefits in connection with his/her employment. The use of
such benefits is not an element of employment; it is an optional item that is not provided as, or in lieu ot other
compensation. Further, the employee acknowledges and agrees that the employee has no rights or claims for
additional benefits under this agreement, and such use is at the discretion of the A.D. In the event that the employee
is provided such benefits, employee agrees to comply with all then in effect mks, regulations and policies.
c's
Employee Initial
Exhibit I
Mien Reed
From:
Paul Ferraro
Sent
To:
Tuesday, February 25, 2014 6:14 AM

Kirk Callahan; Brent
George O'Leary; Marty O'Leary; Tyson Summers; Lorenzo Costantini;
Brian
Reed; Todd
Key; Danny Barrett; Sean Beckton; Mike Buscerni; Keegan Kennedy;
Andrew
Dodge; Sean
Stansbury; Robert Jones; Mary Vander Heiden; John Kvatek;
Glover
Will
Rob
Calabrese;
Fitzgerald; Paul Carrington;
Coach
No
Oleary,
longer will I put up with your constant verbal abuse of both our coaching and support
regular basis with their Jobs
and racial slurs mixed in to make a
point
staff. Threatening coaches on a
is wrong.
that I want to
I guess that formula of bullying has worked in terms of wins + losses but it is not the working environment
be associated with.
did too
I accepted this job because you said you wanted to simplify the Defense. I was told multiple times "Fleming
is not simple
Ball.
That
3
in
wanted
I
2"
and
when
in
Spring
on
Downs;
much'll Then you force me to install 8 Pressures
and not what I signed up for.
EXHIBIT B
May. 1 2. 2 0 1 4
1: 0 2 P M
Ut i 1 i zat ion Rev i
No. 3013
ew
fir
P. 4
IIITERCOLLEGIRTE IITHLETICS
OFFICE OF THE DIRECTOR
February 26, 2014

Todd Stansbury
Director ofAthletics
UCF Athletics
4000 Central Florida Blvd.,
Orlando, FL 32816
Bldg. #38
Paul Ferraro
Defensive Coordinator, Football
UCF Athletics
4000 Central Florida Blvd., Bldg. it77
Orlando, FL 32816
Dear Mr. Ferraro:

Based on your conversation last evening with Brian Reed, Assistant A.D., HRRM yesterday at approximate
letter is to acknowledge that you have left your UCF issued property on your desk and aro leaving the
permanently, flying back to Maine on Thursday, February 27, 2014.
5:10pm this
o area
Per your employment agreement, you may terminate the agreement without cause upon written notice to the Director of
Athletics effective 14 days after receipt of said notice. As your actions show that you have no intent to return to your post
as Defensive Coordinator of the Football program, we are accepting these actions as your 14 day notice of resignation from
UCF Athletics, and will consider your last date of employment March 11, 2014. Please provide Brian Reed immediately
with a contact number by which to coordinate your exit paperwork, including NCAA compliance documents, payroll and
insurance information.
As stated in your offer letter, you are responsible for reimbursing UCF Athletics the relocation expenses you have incurred
during your transition. To date, we have incurred $14,401.87 worth of relocation expense (temp housing at Homewood
Suites, and relocation of household items and vehicle through United Van Lines). As this is at my discretion, I am willing
to consider waiving the reimbursement requirement at
this time.
O'Leary a 6:14am n February 25, 2014 contained comments that I am concerned about. To that
David
Hans
have
Ir. Associate A.D., Internal Operations to assist UCF Equal Opportunity Director
end, I
assigned
Maria Beckman in an investigation of your claims As a component of this Investigation. David will contact you at the
Your email to Coach
number you provide Brian by which to set up

If you have any
We
/6
reci
time and discuss the email and actions leading up to this email.
questions, please direct them to Brian, David, or myself at yOur earliest convenience.
_guRervice to TJCF Athletics, and wish you the best of luck in your future endeavors.
'Todd Stansbury
Director of Athle
AUCF
HMO
ATHLETICS ASSOCIATION, INC
ORLANDO, FL 32816-3555
EXHIBIT C
P.O. BOX 163555

(407) 823.3132 FAX (407) 823.1274
WWW.UCFKNIGHTS.COM
WILSON MCCOYRA.
WORK MATTERS
Mania nd, Florida 32751
Representing employees, employers, and unions
(407) 803-5400 Tel.

(407) 803-4617 Fax
in work matters and related litigation.
wiviv.wilsonnwcoylaw.com
gwilson(ipvilsonmecoylaw.com
July 1,
2014
VIA FACSIMILE (305) 808-1855 & U.S. MAIL

Intake Supervisor
EEOC, Miami District Office
One Biscayne Tower, Suite 2700
2 South Biscayne Boulevard
Miami, Florida 33131
Re: Paul Ferraro
Dear Intake
v.
The
University of Central Florida
and UCF Athletics
Association,
Inc.
Supervisor:
Please be advised that our office represents Mr. Paul Ferraro, the above referenced
charging party. Enclosed please fmd Mr. Ferraro's original Charge of Discrimination to be filed
with the Equal Employment Opportunity Commission in this matter. Please also dual file the
Charge with the Florida Commission on Human Relations pursuant to your Workshare
Agreement. Additionally, we request to take part in the agency's Alternative Dispute
Resolution's mediation process.
Should you wish to speak to our client,

coordinate a mutually agreeable date and time.
please
contact
our
office
directly so
that
we can
Our office is happy to assist the EEOC in its investigation of Mr. Ferraro's Charge
against The University of Central Florida and UCF Athletics Association, Inc., the Respondents
in this matter. Please do not hesitate to contact our office if we can provide you with any
additional information.
Bcst
Regards,
Michael J.
Paralegal
Enclosure
Augello
CHARGE OF DISCRIMINATION
AGENCY
CHARGE NUMBER
This form is affected by the
G FEPA 0 EEOC
Privacy Act of 1974. See Privacy Act Statement before
form.
FLORIDA COMMISSION ON HUMAN RELATIONS and EEOC State or local Agency, if any
completing this
NAME (Indicate Mrs, Ms., Mrs.)
DATE OF BIRTH
Mr. Paul E. Ferraro
1STREET
4-30-59
ADDRESS
72 Western Rd.
CITY, STATE AND ZIP CODE
HOME TELEPHONE (Include Area Code)
Warren, ME 04864
(207) 951-3820
NAME OF THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,

STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (If more than one, list below)
NAME
NUMBER OF EMPLOYEES, MEMBERS
TELEPHONE (Include Area Code)
The
University of Central Florida and

UCF Athletics Association, Inc.
15+
STREET ADDRESS
(407) 823-3132
CITY, STATE AND ZIP CODE
UCF Athletics
4000 Central Florida
Blvd., Bldg. #38
COUNTY
Orlando, FL 32816
Orange
CAUSE OF DISCRIMINATION BASED ON (Check Appropriate Box)
11:Ei1
C] COLOR
RACE
RETALIATION
El SEX
CI AGE
El RELIGION
El DISABILITY
DATE DISCRIMINATION TOOK PLACE
0 NATIONAL ORIGIN
EARLIEST
2-26-14
LATEST
Ongoing to the present
THE PARTICULARS ARE:
I. Personal Harm:
On February 26, 2014, I was placed on notice of termination as Defensive Coordinator for the University of
Central Florida ("UCF") football team, effective March 11, 2014, by the Director of Athletics for UCF, Todd Stansbury. I was hired by
UCF on December 26, 2013.1 was replaced by an assistant coach with less overall experience in terms of years of coaching.
II. Respondent's Reason for Adverse Action: According to the letter from Athletic Director Stansbury, an e-mail that I sent
the prior day to UCF's head football coach, George O'Leary and my fellow assistant football coaches was deemed as a notice of
resignation. However, I never tendered a resignation, verbally or in writing; with written notice required by my Employment Agreement.
III. Discrimination Statement: I believe that I was the subject of retaliation for reporting and opposing discrimination in the work
environment, based on the following: (1) Since shortly after my hire by UCF pursuant to an Employment Agreement, I was subjected to a
work environment that was permeated by pervasive bullying, threatening, and repeated racial epithets by UCF's Head football coach,
George O'Leary. He was my supervisor and the person who hired me. The racial remarks were uttered about me and in my presence and
concerned my Italian heritage, as well as racial remarks about African-Americans and persons ofJewish descent. Notably, I had previously
worked for Coach O'Leary at two prior universities and had not observed him engage in such behavior; (2) I eventually had enough of the
offensive remarks and hostile work environment and wrote an e-mail to Coach O'Leary and copied my fellow assistant coaches early on
February 25, 2014; (3) I was called by Associate Athletic Director for Human Resources, Brian Reed, that same day, February 25`11,
wherein I confirmed the hostile and threatening work environment to him. When asked by Mr. Reed if I was resigning, I told him that I
was not resigning, but simply reporting the conduct. Although I returned to Maine
prior to the start of spring practice on March 12th, I
made it clear that I could not work in the hostile environment, but was not resigning. (4) After sending the e-mail, I was contacted and
interviewed by telephone on February 28'h by Maria Beckman, UCF's Equal Employment Opportunity Director. I again reiterated some,
but not all of Coach O'Leary's conduct, and also brought to her attention the constant bullying and threatening comments by Coach
O'Leary. I then signed a prepared summary of the telephone interview on March 1 eh; (5) I attempted to contact Mr. Reed in April and left
him a voice message. When he returned my call, I inquired of the status of the situation, but he was noncommittal. I once again confirmed
that I was not resigning. In fact, I never tendered a written resignation as required by my contract; and (6) I was replaced by assistant
coach Tyson Summers as Defensive Coordinator for UCF, who had served admirably in the interim role for UCF's bowl game, prior to my
first official day on the job. Based upon the foregoing, my termination, in the form of an alleged resignation, was merely a pretext for
retaliation (because of my report of discrimination).
Accordingly, I believe that I have been subjected to retaliation for reporting and opposing discrimination, in violation of Title VII
of the Civil Rights Act of 1964, 42 U.S.C. 2000e, as amended by the Civil Rights Act of 1991, 42 U.S.C. 1981a (collectively "Title
VII"): as well as the Florida Civil Rights Act of 1992, ("FCRA"), 760.01-760.11, Florida Statutes. I hereby request all legal and
equitable relief to which I am entitled, including recovery of all my attorney's fees and costs.
NOTARY (When necessary for State and Local Requirements)
Ix)! want this charge filed with both the EEOC and the State or
local Agency, if any. I will advise the agencies if I change my
address or telephone number and cooperate fully with them in the
aAL.,
processing of my charge in accordance with their procedures.
441 4
I declare under penalty of perjury that the foregoing is true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
-
Or-
SIGN
Iczq 1
AA' I(Day,
c.)
E
It
CON 'LAINANT
month, and year)
swear or
affirm that
true to the best of my
DATE:
6/
have read the above charge and that

knowledge, information and belief.
it is
DIANA L. DARE
Maine
Notary Publtc, State of
MY Commission Expires March
17
2016
To: EEOC
FA X
Wilson
McCoy, P.A.
Fax number: 305-808-1855
From:
Gary Wilson
Fax number: 407-803-4617
Maitland, Florida 32751

Tel. 407-803-5400
Date: 7/1/2014
Fax 407-8034617
www.wilsonmccoylaw.com
7111111111111
Re:
Charge of Discrimination
Paul Ferraro
The
University of Central Florida and UCF Athletics
Association, Inc.
Total Number of Pages
v.
(including coversheet):
(3)
Comments:
This facsimile is intended
only for the use of

privileged, confidential, or protected by law.
dissemination, copying or distribution of this
facsimile in error, please notify us immediately
the party to which it is addressed and may contain information that is

If you are not the intended recipient you are hereby nofified that any
facsimile or its contents is strictly prohibited. If you have received this
and destroy this document and all attachments, if any
Fax Send
Date
E.
Image
Page 1
11:41AM TUE
B1265dnf Laser MFP
667J7S1
Time: JUL-01-2014
Model Name:
Machine Serial Number:
No
Name/Number
Start Time Time
156
13058081855
07-01
11:39AM
0114"
Mode
ECM
Page
003/003
To: EEOC
F A X
Wilson
Fax number. 305-808-1855
-,
From: Gaty Wilson

McCoy, P.A.: Fax number 407-803-4617
Maitland, Florida
r-
32751
Datc: 7/1/2014
TeL 407-803-5400
Fax
407-003-4617
Charge of Discrimination Paul Ferraro v; The

University of Central Florida and UCF Athletics
Association, Inc.
Re:
www.vammmyhm.mm
wmegmee.
mk
1:1111
Total Number of Pages (including
coversheet):
(3)
I Comments:
of the party to which it is addressed and may contain information that Is

law. If you are not the intended recipient you are hereby notified that any
dissemination, copying or distribution of this facsimile or its contents is strictly prohibited. If you have received Ws
facsimite in error, please notify us immediately and destroy this document and all attachments, if any
This facsimile is intended only for the
privileged, confidential,
or
use
protected by
Result
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Ferraro Amended Complaint

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Ferraro Amended Complaint

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Filing # 27932581

E-Filed 06/01/2015 03:36:36 PM

IN THE CIRCUIT COURT OF THE

COMES NOW the

ASSOCIATION, INC., ("UCFAA"),

under the Florida Civil

claim for breach of express contract,

and unlawful retaliation

1992, in which Plaintiff is seeking damages in

of $15,000.00 for each count, exclusive of interest,

fees and costs.

private, not-for-profit corporation

with its office

Orange County, Florida.

State of Florida, also with its

within the State

"agency" within the

agency," pursuant to 216.011(1)(qq), Florida

At all times material

At all times material

definitions of Florida Statutes and

resident of the State of

The instant suit includes claims for

and this Court therefore has

This Court is vested with

wages, benefits and other

remuneration, injunctive relief, reinstatement, attorneys' fees,

costs, expenses, prejudgment and post-judgment interest, and may permit

Venue is proper pursuant to

Statutes because Defendant

primary offices and conducts business within Orange County, Florida.

acts and omissions that

Orlando, Orange County, Florida.

rise to this action occurred in

Venue is therefore also proper in this Circuit and

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

December 26, 2013, pursuant to

written contract with UCFAA

head football coach

coaching experience, including

coordinator, and previously coached

Technology ("Georgia Tech")

at two other universities

hiring FERRARO, O'Leary told FERRARO

the defensive schemes

Fleming had over-

much," and that he

simplify the UCF defense.

the Fiesta Bowl

overhaul the UCF football team's defensive scheme

early January 2014.

"be seen, but not heard"

duties until after the UCF football team

Fiesta Bowl football game in

did not wish to

prior to the Fiesta Bowl.

hire, attended but merely observed the

UCF football team's Fiesta bowl

Interim Defensive Coordinator for the Fiesta Bowl.

Coordinator, both prior to

during UCF's victory in the 2014

offense well below its statistical per game averages for

only Bowl Championship

Defensive Coordinator in earnest. Such duties included