5/19/09 Deposition Given by Brian Sullivan (Moberly v. UC Clermont Et Al)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JASON MOBERLY,
Plaintiff,
vs. CASE 1:08CV569
THE UNIVERSITY OF
CINCINNATI
'CLERMONT COLLEGE,
&
ANN APPLETON,
Individually,
&
KIMBERLY ELLISON,
Individually,
&
JAMES MCDONOUGH,
Defendants.
DEPOSITION OF: BRIAN SULLIVAN
Tuesday, May 19, 2009
1:30 p.m.
Reported By:
Jennifer Strothers
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UNITED STATES DISTRICT COURT

WESTERN DIVISION
JASON MOBERLY,
Plaintiff,
vs. ) CASE 1:08CV569
THE UNIVERSITY OF
CINCINNATI
CLERMONT COLLEGE,
&
10 ANN APPLETON,
Individually,
n &
KIMBERLY ELLISON,
12 Individually,
&
13 JAMES MCDONOUGH,
Defendants.
14
15
16 The deposition of BRIAN SULLIVAN,

17 witness herein, taken by the plaintiff as upon
18 cross-examination pursuant to the Federal Rules of
19 Civil Procedure and pursuant to Notice and
20 stipulations hereinafter set forth at the offices
21 of Marc Mezibov, 401 E. Court Street, Cincinnati,
22 Ohio at 1:30 p.m., on Tuesday, May 19, 2009,
23 before Jennifer Strothers, a notary public within
24 and for the State of Ohio.

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APPEARANCES:
3
On behalf of the Plaintiff:
4
MARC D. MEZIBOV, ESQUIRE

5
SUSAN LAWRENCE, ESQUIRE
Law Offices of Marc Mezibov
6
401 E. Court Street, Suite 600
Cincinnati, Ohio 452 02
7
(513) 621-8800
10
On behalf of the Defendant:

11
12
DANIEL J. HOYING, ESQUIRE
Taft Stettinius & Hollister, LLP
13
425 Walnut Street, Suite 1800
Cincinnati, Ohio 4 5202
14
(513) 357-9668
15
16
17
Also Present:
Ann Appleton
Jim McDonough
Kimberly Ellison
19
20
21
22
23
24

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S T I P U L A T I O N S
It is stipulated by and between counsel

for the respective parties that the deposition of
BRIAN SULLIVAN, witness herein, may be taken at
this time by the defendant as upon
cross-examination pursuant to the Federal Rules of
Civil Procedure and pursuant to Notice and
9
agreement of counsel as to the time and place;
10
that the deposition may be taken in stenotypy by
11
the notary public court reporter and transcribed
12
by her out of the presence of the witness; that
13
the deposition is to be submitted to the deponent
14 for his examination and signature, and that the
15 signature may be affixed out of the presence of
16 the notary public court reporter.
17
18
19
20
21
22
23
24

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1 I N D E X
2
3
Witrless Page
4
5 BRIAN SULLIVAN
6
Cross
7
By Mr. Mezibov 6
8
10 E X H I B I T S
11 27
Exhibit 1
12
Exhibit 2 29
13
Exhibit 3 34
14
Exhibit 4 38
15
Exhibit 5 53
16
Exhibit 6 79
17
Exhibit 7 82
18
19
20
21
22
23
24

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1
BRIAN SULLIVAN,
2
of lawful age, as having been duly sworn, was
3
examined and testified as follows:
4
CROSS-EXAMINATION
5
BY MR. MEZIBOV:
6
Q Mr. Sullivan, good afternoon. I am
7 Marc Mezibov. You met Susan Lawrence, my
8
associate. We represent Jason Moberly in this
9
lawsuit. You do not have to contend with both of
10 us; I will be the only one asking you questions.
11 Have you ever had your deposition taken?
12
A No, I have not.
13
Q Couple guidelines to help get through as
14
quickly and easily as possible. My guess is Mr.
15
Hoying informed you of these, but it is worth
16
repeating. When I ask a question, I intend it to
17
be purposeful. I want to get information. I do
18
not want to confuse or mislead you and I want you
19
to understand me. If my question presents a
20
problem, just say you do not understand or it is
21
confusing or whatever it takes.
22
Jennifer is taking everything down I say
23
and you say and everyone says during the course of
24
the proceeding unless we go off the record. But

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1 in any event, we want to have as accurate and
2
complete as possible. We can help Jennifer by not
3 speaking over one another and extending the
4 Let me finish my question before you
courtesy.
5 begin answering and I will hear your complete
6 answer be fore I begin another question.
7 Please answer all the questions audibly;
8 I will ma ke sure you do. Nods of the head and
9 winks, dc not cut it. You have to say "yes" or
10 "no" or whatever is appropriate- Okay?
11 A Okay.
12 Please state your complete name.
Q
13 A Brian Osborne Sullivan.
14 Mr. Sullivan, where do you reside?
Q
15 A Eastwind Court, Anderson Township.
16 Are you employed?
Q
17
A Yes.
18 By whom?
Q
19 A University of Cincinnati.
20 In what capacity?
Q
21 A I am the program coordinator at Clermont
22 College.
23 How long have you been program
Q
24
coordinat or?
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A Little over three years.
2
Q Before we get into your job duties, what
3 is your educational background?
4
A I have Bachelor ! s from the University of
5
Cincinnati, graduated 1992, human social services.
6
Q Since leaving school have you always
7
worked in the UC arena so to speak or other
8
institutions or other places?
9
A Other places.
10
Q Where have you worked?
11
A I have worked for the Cincinnati
12
Cyclones at First Star for seven years as director
13
of operations for the hockey team and moved into
14
director of operations for the building. I worked
15
briefly at Coca-Cola as a sales representative.
16
And my last job prior to this was for a company,
17
Brand New, LLC; they owned restaurants and I ran
18
some of their Subway restaurants for a brief
19
period of time.
20
Q How did you get your position at UC
21
Clermont?
22
A I looked on the website for jobs at UC
23
website and saw there was opening for coordinator
24
in athletics.

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1 Tell me what the program coordinator
Q
2 consists of?
3 A I oversee the athletic program for
4 day-to-day operations. We currently have six
5
athletic programs. We have men's basketball,
6 women's basketball, volleyball, baseball, softball
7 I do all the scheduling, all the
and golf
8 transportation. I check up on all the
9 eligibility. Anything day-to-day to do with the
10
athletic program.
11 You're like an athletic director?
Q
12 A Yes.
13 With a different title?
Q
14 A Yes.
15 Did you know anyone at UC Clermont
Q
16 before you applied for this position?
17
A No.
18 Were you interviewed for the position?
Q
19 A Yes.
20 By whom?
Q
21 A Just a couple -- do you want names?
22 Sure.
Q
23 A Nancy Raveal was on the committee. Trey
24 Trip was on that committee. I believe the former

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1 dean, Dean David Deveer was on the committee. And
2
I do not recall who else. There were five or six
3
people.
4
Q That is the search committee?
5
A Yes.
6 Were anyone of the individuals in the
Q
7
room for this deposition part of that committee?
8 A No, they were not.
9 Did any person in this room ever
Q
10 interview you for that position?
11 A No, they did not.
12 To whom do you report?
Q
13 Kim Ellison.
A
14
Q And what is her title?
15 A She is director of student life.
16 Does she evaluate you?
Q
17
A Yes, she does.
18
Q On an annual basis?
19
A Yes.
20 When were you last evaluated by Ms.
Q
21
Ellison?
22
A Last June.
23
Q June '08?
24 A Yes.

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1 Were you satisfied with your evaluation?
Q
2 A Yes.
3 Did you get a raise?
Q
4 A I believe we all — two percent.
5 Is that across the board?
Q
6 A I am not sure, but I know mine was.
7 Did you get a merit increase?
Q
8 A No.
9 Did you ever apply for one?
Q
10 A No.
11 Would you be eligible for one?
Q
12 A I am not sure.
13 Now, you said one of the programs for
Q
14
whi ch you have responsibility is basketball?
15 A Yes.
16 What division or level is the
Q
17
bas ketball?
18 A We are a member of the United States
19 Collegiat e Athletic Association. It is equivalent
20 to NAIA or NCA Division III; that is our national
21 association. Our local organization is the Ohio
22
Regrional Campus Conference.
23 Are scholarships available?
Q
24
A No, sir.
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Q Now UC Clermont, what degrees does it
offer?
A Primarily Associate degrees. We do have
some areas to get your Bachelor!s in nursing and
criminal justice.
Q Most there are two-year degree programs?
A Yes, they are.
8
Q What is your responsibility as it
9
relates to the basketball program?
10 A I schedule their games; I schedule
li transportation to get to the away games; I am
12 responsible for their equipment, uniforms, shoes,
13
sweatpants, so on. I am responsible for student
14 activity center where they practice. I schedule
15 the practice times. I am also responsible for
16 finding out who is on the team and checking
17 eligibility to make sure they are eligible for the
18 upcoming season.
19
Q Okay. How many basketball team members
20
are there?
21
A Approximately 15.
22
Q Do you know how individuals are selected
23
for the team?
24 A Primarily recruiting. Coaches recruit.

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1
Q Do you have any involvement in
2
recruiting?
3
A No, I don't.
4
Q Do you have any eligibility requirements
5
associated with recruiting?
6
A Yes, we do.
7
Q What are those?
8
A You have to have -- well, to get into
9 Clermont you have to have a GED or high school
10 diploma. Once you are in, you have to maintain a
11 2.0 GPA and have -- once you are in two quarters,
12 so third quarter, you'd have to have 24 credit
13 hours from the two previous quarters. Do you
14
understand?
15
Q Probably not.
16
A It is basically a full-time student and
17
passing. That is a USCA rule.
18
Q In a given quarter -- is it a quarter
19 system there?
20
A Yes.
21
Q Is it now semester?
22
A Still quarter.
23
Q Quarter means you run from -- what is
24
that?

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1
A September -- early September till June
2
13th is graduation. There are three quarters in f
3
that time ■ \
4
Q First is September to December?
5
A December. Middle of December. And
6
January 6th thereabouts to March 15th.
7
Q So if basketball season starts — most
8
situations it starts practice in October?
9
A Yes.
10 Games in November?
Q
11 Early November.
A
12
Q If I am a first-year student at
13
Clermont, what do I need to have academically to
14
compete in that first year?
15
A For the first quarter or first year, \
16
full-time student, 12 credit hours and enrolled [
17
from your first quarter.
18 That will take me up to January?
Q
19 A Yes.
20 Then January through March is second
Q
21
quarter? ;
22
A Yes. \
23 If the season concludes, then I will
Q
24
only be jiidged — or eligibility is determined [

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1 based on the first quarter's performance?
2
A Correct.
3 Q Then the following year, if I play
4 again, I will be judged on --
5 A On the two previous quarters you
6 attended.
7
Q That would take me to the end of my
8 basketball career then, a two-year period?
9 A USC allows for a four-year eligibility
10 and we do have players for four years.
11 Q How do they do that? They keep
12
enrolled?
13 A Yes. With the standards that have to be
14 met. Again, we have students in criminal justice
15 and nursing students that stay for the full four
16 years.
17 Q But full-time enrollment in any given
18 quarter is — the minimum number of --
19 A Credit hours?
20 Q Yes.
21 A 12.
22
Q Do you have any involvement in the
23 selection of the coaching staff?
24 A Yes.

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1
Q How SO? j
2
A I am usually on a committee that j
3 consists of myself; usually Kim Ellison; if we are j
4
selecting the assistant coach then, the head; and j
5 if we are selecting a head coach, it would be a j
6 third person selected to be on that committee. I
7
Q Your first year at Clermont was when, 1
8 approximately? j
9 A October of 2006. 1
10 Q Okay. When you first came to UC j
11 Clermont, did the college have a men's basketball
12 coach? j
13 A Yes. j
14
Q Who?■ t
15
A John Hurley. j
16 Q He had been there for how long, if you \
17 know? I
18 A Can't be certain. I will say up to this (
19 current date, probably six years. So probably two I
20
years before I came. 1
21 Q If you know, in October, what was his \
22 arrangement or contractual arrangement?
23 A When 1 came in he was the director of I
24 student life and head men's basketball coach.

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1 As head basketball coach, does he get
Q
2 stipend above and beyond that of head of student
3 life?
4 A Yes, I would assume. Now he is making
5 approximately $5,200.00.
6
Q As basketball coach?
7 A Yes.
8 !
Q When you came in October 0 6 , he was the
9
coach and director of student life?
10 A Yes.
11 Through that season, which would last
Q
12 T
until spring 07, he continued in that capacity?
13 A Yes.
14
Q Was there an assistant coach?
15 A No.
16 Was anybody that helped Mr. Hurley?
Q
17 A Yes.
18 Who was that?
Q
19 A Anthony Robertson.
20 Who is Anthony Robertson?
Q
21 A Anthony was a student worker up at the
22 student activity center.
23 How does — if you know, how did Anthony
Q
24 Roberts come to assist Mr. Hurley?

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1 A He was there when I got there.
2
Q So you had nothing to do with appointing
3 him?
4 A No.
5
Q Was he an undergraduate?
6 A Yes, he was.
7
Q A full-time student?
8
A Yes, he was.
9
Q Did he play for the team?
10 A No, he did not.
11
Q He just assisted?
■ 12 A Yes.
13
Q How did he assist?
14 A I would say, from what I experienced,
15
his role was anything as assistant coach.
16
Q Was he paid?
17
A Not for basketball. It was volunteer.
18 He was a work-study student at the activity
19 center, .so that is all I know. He was paid
20 through an hourly KRONOS system that we use for
21
his hours. He clocked in and out at the student
22
activity center.
23
Q Is Mr. Robertson African-American?
24 A Yes, he is.
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Q Did he have any role that you are aware
of in relationship to the student athletes?
Specifically did he have any charge, admission or
responsibility with respect to the student
5
athletes?
6
A During practice?
7
Q Any time — in his role -- let me ask
8
this question: Did he have a title, like assistant
9
coach?
10
A Everyone called him assistant coach on
n the team, yes.
12
Q Okay. In his role as assistant coach,
13
did he have any responsibilities as related to the
14
students on the team?
15 A Academically?
16 Q Yes.
17
A Not that I am aware of.
18
Q Any other way; socially?
19
A Yes.
20
Q How so?
21
A Just from my experience of what I saw,
22 he was a kind of -- I use the word "mentor" to a
23 lot of guys that came in. We did have
24 African-Americans on the team and Anthony who just

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1 ended up coincidentally getting his social work
2 degree from UC Clermont is very driven to help
3
people.
4 Q How did it come to pass that he had this
5 role as mentor? Is that a formal assignment he
6 had or something that he assumed?
7 A I do not believe so; that it was formal,
8 I think it just happened.
9 Q Did you ever speak with Coach Hurley
10 about the role?
11 A No.
12 Q Did you speak with Anthony about his
13 responsibilities on the team?
14
A No.
15 Q Have you spoken to Anthony?
16 A Yes.
17 Q In what connection; what kind of
18 matters?
19 A He worked for me at the student activity
20 center, which is our building on campus. That is
21 where students can — it is open daily. They can
22 shoot basketball, play ping-pong, lift weights.
23 He ran that during his time when I was there.
24 Q He received hourly wage for doing that

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1
or some thing?
2 A Yes.
3 How long did he do that?
Q
4 A I am not sure how long he was there
5 prior t o me coming, but he did it up until last
6 May.
7
Q May '08?
8 A Yes, a year ago.
9 What was your relationship with him?
Q
10 A We had a good relationship.
11 Did you find him to be responsible?
Q
12 A Yes.
13 Did you have any conversations with him
Q
14 about how African-Americans were doing on campus,
15 particuilarly the student athletes?
16 A Yes.
17 Tell me about those conversations.
Q
18 A Again, he was very driven and determined
19
to give people chances, all athletes. So he did a
20 lot of our recruiting. It seemed like he did a
21
lot of the recruiting, I can't say that for sure.
22
Seemed like he did a lot of recruiting in the
23 inner city and bring kids in from the inner city
24
to Batavia. And he would be a mentor role and do

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anything he could to make sure these individuals
were successful on campus.
Q Did he ever discuss with you any
specific problems or issues associated with the
5
lives of these African-American student athletes
6
there?
7
A I can't recall anything specific. We
8
did have conversations at practice about players
9
finding a place to live. We have apartments near
10 us. He was always trying to help them get places
11 to live. If there was anything about a class that
12 they could not get into or needed to get into,
13 then he would come to me and ask for my help.
14 Q Let me ask you something about the
15 team. You said there are typically 15 players on
16
the team?
17
A Yes.
18
Q In the year October '06 through '07, how
19
many of the 15 were African-Americans?
20
A Nine, ten.
21
Q Has that been the percentage since?
22
A Yes.
23
Q If you know, what's -- strike that.
24
Does the University keep numbers with respect to

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minority population of the student body?
A Yes.
Q Do you know what the minority population
4
is?
5
A I do not.
6
Q Who would know that?
7
A I am not sure.
8
Q Would one of the persons in this room
9
would know that?
10 A Probably.
n Q So, through 2006/2007 John Hurley
12
continued as the coach and Anthony Robertson was
13
the assistant coach. Then we come to 2007 and
14
2008. Are any decisions made about who will coach
15 the team that year?
16 A In June of 2007, John Hurley was
17 released as the director of student life by Peggy
18 Chauker, who at the time was our assistant dean of
19 student services. He was still retained as the
20
head basketball coach.
21
Q Was there any decision made about who'd
22
be assistant coach?
23 A Not at that time. Anthony still had a
24 year of classes and stayed.

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1
Q He stayed through the 2007/2008 year?
2
A Yes.
3 Just as he had the previous year?
Q
4 A Yes, he did.
5
Q Now, at this point did you know a
6 gentleman named Jason Moberly?
7
A At this point, no, I did not.
8 When did you first hear the name Jason
Q
9 Moberly 7
10 A Probably October f 07.
11 Okay.
Q
12 A Or thereabouts, the beginning of that
13 basketball season.
14
Q How did you hear about that?
15 A He came into the gym one day and
16 apparen tly he and John were coaching
17
acquain tances.
18
Q John Hurley?
19 A Yeah. Were coaching acquaintances or
20
friends and he wanted to help out the team.
21 Were his services utilized in any way in
Q
22 2007?
23 A Yes.
24 How so?
Q

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1
A He was the — came in as a volunteer
coach at the beginning. As we got to know each
other, we had never used our assistant coaching
money. That job remained open as far as the
University was concerned because Anthony was a
volunteer, not getting paid for basketball just
work-study money that he clocked in and clocked
out with.
Q How much assistant coaching money was
10
there?
11
A $2,300.00.
12 Q Is there a particular reason Anthony did
13 not receive that money?
14
A You cannot be a student and an
15
employee. Anthony understood and he chose --
16 obviously he wanted to finish his degree.
17
Q So there was $2,300.00 in the budget for
18
an assistant coach?
19
A Approximately.
20 Q When Jason came in 2007, there is still
21
$2,300.00 in the bank, so to speak?
22
A Correct.
23
Q Now, is it in the fall 2007 he started
24 -- "he" meaning Jason -- started to help with the

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1
team?
2
A Yes.
3
■ Q Was there a decision somewhere in 2007
4
that his position would change from a volunteer to
a paid employee?
A As the weeks went on that year. But as
the weeks went on, I had spoken to Jason and I
8
felt we had the money and we should use it. We
9
hadn't had an official assistant coach. As we
10 looked into it more, the process for him to apply
n and the background check and everything, it would
12 have been past the year and it would not have
13
worked out. So that's when we came to the
14
conclusion we could hire him as a temp through BGI
15
Services.
16
Q What is BGI Services?
17 A That is a temp service we use at
18 University of Cincinnati.
19
Q You do not have to go through this
20 background check; is that it?
21 A Do not have to go through the
22 application process or paper. We just hired him
23 on temporary -- to get through that year knowing
24 we were going to open it up at the end of the year

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-- or June after the basketball season.
2
Q How was Jason's performance as far as
3
you were concerned?
4
A Fine.
5
Q Was there anything specific about Jason
6
that you thought spoke well for his ability to be
7
a coach on the team?
8
A Yes. Jason, he was a lot like Anthony.
9 He was very driven, really saw the person. It was
10 not just a team or number to him, it was the
li person. Obviously his coaching qualities, he
12 knows the game of basketball. And he and John
13 Hurley got along very well.
■14 Q Did you, in the course of 2007/2008
15 basketball season, make any statements to Jason
16 about what the future held in that position?
17
A No. Just the fact that it would be
18
opening. But that was told at the beginning that
19 it would open up. It would be a process.
20 Q Let me show you Plaintiff's Exhibit 1.
21
(Plaintiff's Exhibit 1 marked for
22
identification.)
23 Q I will represent to you that these are a
24 string of e-mails. Can you just take a look at

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them? The first page at the top appears to be an
2 e-mail to you from Jason Moberly with attachments.
3 Is that a message you sent to Jason, "Just found
4
out we have to pay you through a temp service"?
5
A Yes.
6
Q Is that what you!ve just described for
7
us?
8
A Yes.
9 Q So these discussions about how he would
10
be employed and what needed to be done to
11 accomplish his hire was done in or about January
12 f
08?
13 A Yes.
14
Q Now, what was your relationship with
15
John Hurley other than — did he report to you?
16
A Yes. At the beginning I reported to
17
him. After June '07 he reported to me.
18 Q Did you have a good working
19 relationship?
20
A Yes.
21 Q Did you get along well?
22
A Yes.
23
Q Did you ever have reservations about his
24
ability to coach the team?

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1 A No reservations about his ability to
2
coach.
3
Q Any reservations about him on a personal
4
level?
5
A No. We had our -- we are both very
passionate but it was strictly
for-the-good-of-the-program kind of talks.
Nothing personal, no.
9 Q Did you have ever question or challenge
10 anything he said as far as it being accurate or
11 inaccurate?
12
A No.
13
Q You believe he's an honest guy?
14
A Yes.
15
Q Trying honestly to do his job?
16
A Yes.
17
18
identification.)
19
Q Let me — I have handed you Exhibit 2
20
which I will represent to you is an affidavit of
21
John Hurley that Mr. Hurley has prepared in
22
connection with this case. Have you ever seen
23
this affidavit before?
24
A I do not believe so.

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1
Q Were you ever told by anyone that Mr.
2
Hurley had prepared an affidavit?
3 A John actually told me that, yes.
4
Q What did he tell you?
5
A Again, in the basketball season. And he
6
said he had to — actually he was going to be late
7
for one of the practices because he had to give an
8
affidavit.
9 Q Did he tell you what it concerned?
10
A No.
11 Q Did you ask him?
12
A No.
13 Q Let's go through this and read what Mr.
14
Hurley said and see if you have comments about
15 it. He says, "I am the head coach of Clermont
16 College. I have held that position since 2003."
17
Is that accurate as far as you know?
18 A As far as I know.
19 Q Second paragraph Mr. Hurley states, "In
20 the summer prior to the "08/'09 academic year, UC
21 Clermont began a search to fill the position of
22
assistant men's basketball coach at the college."
23
Is that accurate?
24
\„.
A Yes.

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Q "The search committee included athletic
2 director Brian Sullivan, director of student life
3 Kim Ellison and John Hurley." Is that accurate?
4
A Yes.
5
Q When is that? He says summer of -- are
6
you able to be more precise in terms of time?
7
A Beginning of June. June 4th through the
8
6th. In that area.
9
Q Why June? What was going on then?
10 A We had opened up the position after the
11 basketball season. That was early March. By that
12 time, we felt we had three qualified candidates to
13 interview.
14 Q Had you had any conversation with Jason
15 about his eligibility for the position?
16
A Yes.
17
Q Were you aware that he was interested?
18
A Yes.
19 Q Had you made any representation where he
20 stood or where things might go?
21
A I encouraged him to go through the
22 process and at that time we had several
23 discussions with John Hurley that -- not knowing
24 who the other candidates were, everything being

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equal. He wanted Jason to be the assistant coach
2
and I was all for that. I am a believer that a
3
head coach should have the final say or at least
4
some say in who his assistant is.
5
Q When you say "everything equal", what
6 are you referring to?
7
A Well, you have to look at
8
qualifications.
9
Q Was there a specific qualification or
10
types of background that you're looking for in
11
connection with assistant coach?
12
A Someone with college-age experience.
13 Again, at the college level, a plus would have
14 been a previous coaching position or playing at
15 different level, that being college level or
16
professional level. Internally, my personal
17 feeling is I look at A: basketball which is select
18 good quality coaching and recruiting, knowing
19 people in the area.
20
Q Were these qualifications prioritized?
21
In other words, did you say you were looking for a
22
specific person for specific qualification or
23
experience was preferred?
24
A I believe in our ads in the paper or the

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1 website was college-age experience was one of the
2 things required, but I am not sure about
3 everythi ng else.
4 Let me go back — where was the ad
Q
5 posted?
6 A On the UC website, JobsatUC.com. It was
7 in the jobs and athletics website called "Jobs and
8 Athletics", and beyond that, I am not sure.
9 Who determined the list of
Q
10
qualifications?
11 A The list of qualifications?
12
Q Yes.
13 A I am not sure.
14 Did you have any input into that?
Q
15 A No.
16 Did John Hurley? Let me rephrase the
Q
17
question Who decided what the qualifications
18 would be for this position?
19 A Those were determined before I got
20 there.
21 Any specific discussion about what you
Q
22 were loo king for in this year for the 2007/2008
23 team?
24 A As individuals or —

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Q 2008 or 2009? j
A As a committee? j
Q Yes. Did the committee make any f
specific decisions about what the qualifications I
for this candidate needed to be? j
A I do not believe there was anything said |
specific except for college-age, someone with 1
experience -- with college-age experience. A plus j
would have been if they had college coaching j
background or college experience background. |
11
Q Who drafted the ad, if you know? |
12
A I am not sure. !
13
Q You did not? I
14
A No, I did not. j
15
(Plaintiff's Exhibit 3 marked for j
16
identification.) I
17
Q Mr. Sullivan, you have been handed j
18
Exhibit 3. Can you identify this exhibit for us j
19
please? j
20
A This is the posting that goes on the j
21
jobs at UC website. I
22
Q Is that the posting for the assistant )
23
coaching position? j
24
A Yes, it is. I

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1
Q I see you are listed as the supervisor
2
for this position?
3
A Yes.
4
Q There is a question here about
5
under-utilization; are you familiar with that?
6
A I am familiar with under-utilization.
7 Q What does that refer to?
A The way I understand it, if you are
hiring in a position and it is under-utilized,
10 whether it be some type of minority, either female
11 or African-American.
12
Q According to this document
13
African-Americans were under-utilized in the
14 department's job cluster. I am on page 3.
15
A Yes.
16
Q What does that mean that they are under
17
utilized? Explain to me as best you understand
18
it?
19
A The way I understand it, for this
20
position which is assistant coach minor sports,
21
men's basketball, that African-Americans are
22
under-utilized in that position.
23 Q Were you seeking to hire an
24 African-American for that reason?

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1 A No.
2
Q You were looking to hire the best
3 qualified?
4
A Yes.
5
Q Then the position description: "To
6
assist coaching, attend state tournaments, set up
7
for home games, drive the school van for trips";
8
that is not something that you prepared?
9
A No.
10 Q Same with the job description below the
11 position description?
12
A Yes.
13
Q And the minimum qualification
14 were "basketball coaching experience, experience
15 with working with college-age students, valid
16 driver's license and experience with supervision
17 and leadership." I do not see here any reference
18 to college coaching or playing experience; is that
19
correct?
20
A Correct.
21
Q It is enough an individual might have
22
basketball coaching at a high school level or some
23
other amateur sport?
24 A Yes. That is enough to get them an

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1 interview *
2
Q What is kind of experience in working
3 with coll*sge-age students? Would that be
4 teaching, supervising, working as a college-age
5 student?
6 A The way I understand it is coaching
7
camps, AU basketball, anything. You could be
8 doing summer camps -- lot of high school coaches
9 do summer camps at local colleges.
10 Summer basketball?
Q
11 A Yes.
12 Is that what you meant?
Q
13 A Yes.
14 On a basketball level?
Q
15 A Yes.
16 This job was posted on -- according to
Q
17
page 4 — May 2, 2008?
18 A Yes.
19 Now, if someone were responding to this
Q
20 posting, what would be the application process?
21 How would that work?
22 A They would go to -- if they found it
23 somewhere other than UCj obs.com, they could get an
24 application and mail it to me. Through

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1
JobsatUC. com, you fill it out online and I have j
2
the ability to go in and look at who has applied, j
3
Q Do you screen out people? j
4
A No. I print everyone's off and look at j
5
them thoroughly. 1
6
Q You look at them? j
7
A Yes. 1
8
Q You said a couple other people were |
9
involved in selection? )
10
A Yes. j
11
Q Mr. Hurley, the coach? |
12
A Yes. I
13
Q Kim Ellison? I
14
A Correct. I
15
Q When do they get into the process? |
16 A I print them off and I make copies for
17
them and we narrow it down as a group to three.
18
Q How many applicants did you have? Do
19
you remember? 1
20 A Probably five to six.
21
(Plaintiff1s Exhibit 4 marked.for
22 identification.) [
23
Q I have asked that you look at Exhibit 4
24 which again, are some e-mail messages. Some of J

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1
the messages appear to be between you and Mr.
2
Moberly. Do you recall these communications?
3
A Yes.
4
Q The three pages in connection with
5
Exhibit 4, the first communication appears to be
6
from Jason to you dated May 6, 2008. Jason said
7
he tried to apply for the position and explains,
8
"I can't withdraw my application even though it
9 was cancelled. Do you want me to print out a
10 cover letter?" What is your understanding what
11
that is about?
12
A The previous year when we were talking
13 about him applying for the job, before we realized
14 from a time standpoint we need to go through a
15 temp service, he went online at the time since the'
16 position was still open and applied. When he went
17 on in early May he could not reapply for the same
18 position at that time.
19
Q What had to be done for him to be
20
considered?
21
A We needed — Nancy Raveal had to go in
22 and open that position back so he could get back
23 in -- you can't apply for the same position
24 twice. The website will not let you.

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1
Q Why is that?
2
A I am not sure.
3
Q Is that technological thing or some
4
policy?
5
A I am n o t s u r e .
6
Q You1re not aware of any policy that
7
prevented Jason for applying for and being
8
interviewed for and accepting the position?
9
A No.
10
Q This e-mail, the second e-mail on the
11
the first page of Exhibit 4 appears from you to
12 Jason informing him that the position is on the
13
website?
14
A Yes.
15
Q That is the same day you posted it?
16
A Correct.
17
Q Second page appears to be from you to
18
Jason saying things had gotten straightened out on
19
the website —
20
A Correct.
21
Q — and he can apply. Now on the third
22
page, this is May 20, you write to Jason
23
saying, "You were paid through a temp service last
24
year, so in the eyes of the University there was

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1
no assistant coach. I have to wait until there
2 are three applicants, which I have now, and get
3 through this quickly." Why were you saying that?
4
A Well, in the previous e-mail, he
5
e-mailed me and said, "I can't believe I have to
6
interview for a position that I have. Is this a
7
typical thing every year? Do I have to do this
8
again if I get the position?" I was just
9
explaining to him that we pay him through a temp
10 service so he was not a University employee --
11 officially on the website — through the —
12 officially he was not the assistant basketball
13 coach and just to hang tight and we will get him
14 through the process.
15
Q Does Mr. Hurley have to apply each year?
16
A No, he does not.
17
Q Why is that?
18 A Once you are hired, you do not have to
19 apply anymore. And Jason will not have to apply
20 this year. Jason was not on -- he had not done a
21 background check. He was through the temp
22 service.
23
Q The reason he had to apply was to get
24 the background search done?

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A That is part of it and so we could pay \
him through the University. I
Q Assuming -- so I understand this I
clearly, in - the ordinary course of things, if an 1
individual is hired for assistant coach in the j
typical hiring process, the following year he or j
she need not be interviewed? j
A Correct. j
Q Just rehired without going through the i
background check or interview process? j
A Correct. j
Q In connection with Jason, however, he j
was not hired in the ordinary course, he served j
the same function — is that correct — as j
assistant coach? j
16 Yes. I
A
17 Performed the same duties? }
Q
18 A Yes. I
19
Q Same conditions and standards? I
20
A Yes. \
21
Q As a person ordinarily hired? j
22
A Yes. 1
23
Q Next year comes up and you want to hire j
24
through the ordinary process, are you looking for j
WWW.CINTELCORPORATION.COM E-Mail CINTELCOSGMAIL.COM

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1
anything other than background information to
2
clear him or are you looking for something extra
3
because it is a new hire?
4
A I was not even looking for background.
It is my understanding that is policy since the
position is open, you have to do the search. We
have had to do it for other sports.
8
Q Were you looking for anything other than
9
the background for Jason or does he automatically
10 have to be thrown into the mix with everyone
n else? Do you follow me?
12 A He had to — that is why I sent this
13 e-mail the day it came out to apply for the
14 position. As part of the process, we have to do
15 it.
16
Q Now, let's go back to Mr. Hurley1s
17 affidavit which is Exhibit 2. Now, we have got to
18
the point were we know the search committee has
19 three persons: you, Kim Ellison and the coach. He
20 goes on to say, "We interviewed several candidates
21 for the position, including Jason who was
22 assistant coach in the previous year." Did you
23
interview just three you said?
24
A Three.

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1
Q That was Melvin Levett, Keith Starks and |
2
Jason, correct? |
3
A Yes. j
4 Q Levett and Starks both played basketball j
5 at UC? j
6
A Yes.
7 Q Either one of them ever coached before?
8 A Melvin Levett was assistant coach at
9 Miami/Middletown and Keith Starks was AAU coach.
10 Q It says on page 2 of the affidavit, "We
11
all believed Moberly was most qualified person for
12 the job." Is that accurate?
13 A He was as qualified as everyone. He was
14 our choice.
15 Q Among the three?
16
A Yes. I
17 Q This is paragraph three: "Shortly after
18 his interview, Mr. Moberly notified me he
19 contacted Karen Fairborne, vice-provost for
20 academic personnel at UC main campus regarding his
21 concern about 'institutionalized racism1 at UC
22 Cle.cmont." j
23 Did you have any knowledge of Mr.
24 Moberly contacting Karen Fairborne concerning what

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he viewed as institutionalized racism of UC
2
Clermont?
3 A I was not aware the person he notified,
4
but we talked several times that he was going to
5
do something.
6
Q You and —
7
A Jason.
8
Q Prior to May?
9
A Yes.
10
Q Tell me what was on his mind and what he
11 communicated to you, how you knew it was on his
12
mind.
13
A He felt that some of the athletes,
14
African-American athletes were treated different
15
and he wanted to be their voice and he was not
16
getting heard at Clermont so he was going to the
17
main campus.
18
Q Did he tell you in what way they were
19
not treated fairly and properly in his view?
20
A Not in specifics.
21
Q Did you question him closely?
22
A Not about his opinion. I questioned --
23
there was great issues that I dealt with directly,
24
but I deal with those all the time with all

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1
athletes
2 Was there, in your view, any validity to
Q
3 Jason's concerns about how African-Americans were
4 treated on campus?
5 A Not African-Americans.
6 Athletes in general?
Q
7 A Yes.
8
Q How so? What is your view?
9 A It was — athletics at UC Clermont has
10 exploded and it is a work in process, it is
11 growing. We are trying to get all employees that
12 have to deal with each student on base. There is
13 a lot more work to do as far as checking
14 eligibil ity and seeing advisors sooner than later,
15 study tables for all athletes and we have worked
16 through that.
17 Did you respond in any way to what Jason
Q
18 was expressing to you about his concern for
19 African-American athletes?
20 A No.
21 Did you think he was sincere?
Q
22 A Yes.
23 Did you encourage him to take any action
Q
24
or sugge st he do anything?

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1
A No, not take action. I did — with the
2
stuff that I knew was valid, to all athletes. I
3
took and ran with it at that point.
4
Q The thing that you -- let me be clear.
5
What were the specific items that you thought were
6
problems specific to athletes on campus?
7
A Getting athletes into particular classes
8
that they needed in the season in order to travel
9
and not miss class time. Getting them into a
10 learning center, structured learning center,
11 seeing an advisor in timely fashion, which we have
12
all since worked on.
13
Q You indicated a moment ago that Jason
14 said he tried to get reaction or response or
15 assistance for African-American student athletes,
16 but it had not happened. Did he relate to you
17 what efforts he made or who he had spoken to?
18
A Not specifically, no.
19
Q Now let's go to the second sentence on
20
the paragraph three of Mr. Hurley: "Mr. Moberly
21
told me he spoke to the UC equal opportunity
22
office"? Did you have any knowledge of that?
23
A Not until George Wharton called me.
24 Q Do you know when that was?

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1
A I can't be sure.
2
Q What did Mr. Wharton say to you?
3
A He wanted to know -- two different
4
instances. One, I believe the incident he called
5
me about was not the first incident, it was the
6
second one that the basketball team was practicing
7
one day in the student activity center and my
8
student worker, which is a white female, there was
9 a cell phone missing -- and picked up a phone or
10 picked up a bag which she felt the phone may have
11
been there on the bleachers. And Jason came to me
12
saying he felt that we were accusing the
13 African-American of stealing the phone during the
14 practice and had actually gone to me and told me
15
about it. I believe he had -- I do not know if
16
Jason did, but the individual involved spoke to
17
Ann about it and Kim about it. And we called the
18
student in and I talked to the student and his
19 answer was he did not feel that way but Jason
20 wanted him to make that complaint to get it out
21 there to keep this -- so he could help them — so
22 Jason could help them.
23
Q Let me parse that out. There was a
24
situation involving a missing cell phone?

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A Yes.
2
Q At the student activity -~
3 — center.
A
4 Where the team plays basketball?
Q
5 A Yes.
6 Whose phone was missing?
Q
7
A Just a girl on campus.
8 She had said, "My phone is missing"?
Q
9 A Yeah. "Has anyone seen my phone?"
10 Someone had picked up a gym bag?
Q
11
A The student worker at the time.
12
Q Who is that?
13 A Tonya Henderson.
14 She worked for you?
Q
15 A Yes.
16 Ms. Henderson picked up a bag?
Q
17
A There were jeans and bags on the
18 She asked where was she was sitting.
bleachers
19
She said, "I was here", and she kind of picked up
20
some bags to see if the phone was there and if the
21
team had set a bag on top of it and it was an
22 Just looking for the phone. Not in the
acci dent.
23
bags . Just picked it up sat it down.
24 What was she doing with the bags?
Q

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1 A Just picked it up and it was not there.
2
Q And who complained that this might be
3
problemat ic?
4 A Jason.
5
Q Jason said they felt it perhaps was —
6 A We were accusing African-Americans of
7
stealing.
8
Q You spoke with, I guess your worker?
9 A Yes.
10
Q And that was cleared up?
11 A Yes. When I spoke to the individual who
12
was accused as well, Seth Steele.
13
Q He was accused of what?
14 A It was his bag that was picked up, so
15
they were kind of -- in Jason's eyes -- accusing
16 him of st ealing the phone.
17 Mr. Steele is African-American?
Q
18 A Yes.
19
Q So the matter was cleared up?
20 A Yes, it was.
21 You said there was a second instance?
Q
22 A I did not -- I knew Jason told me he was
23 going to speak to George Wharton, but George
24 Wharton never contacted me. This time he did.
1
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1
Q So, as I understand it, Jason informed
2
you on two occasions that he had registered a
3
complaint to Mr. Wharton?
4
A Just the one, the first occasion.
5 When was the first occasion?
Q
6
A That was probably in — I will say
7
December.
8
Q Of?
9 A '08.
10
Q Do you remember what that concerned?
11
A No, I do not.
12 There was something that happened -- how
Q
13 did Jason come to you and say, "I am going to
14
Wharton" — or "going to Wharton about this
15 situation '; do you remember the context?
16
A No.
17 But you know sometime in or about
Q
18 f
December 08 Jason came to you and told you he had
19 gone to Mr. Wharton about another matter?
20
A Not specifically. I knew he had gone to
21 George Wharton, but he did not tell me the matter.
22 Did he tell you why he went to Mr.
Q
23 Wharton?
24
A No.

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1 Did you ask him?
Q
2 A No.
3 Do you remember the context of that
Q
4
conversation; why he was even telling you?
5 John and Jason and myself at basketball
A
6
practice and I was standing there and they talked.
7
Q Jason mentioned he had gone to Wharton?
8 A Yes.
9 You do not know when?
Q
10
A No.
11 You did not hear from Wharton?
Q
,12
A No.
13 The first time you heard from Wharton
Q
14 was with the gym bag?
15
A Yes.
16 How long after was that?
Q
17
A Quite a while later.
18 A month?
Q
19
A Couple months.
20 Did Wharton ask you about anything other
Q
21 than the gym bag incident?
22
A I can f t recall. It was a quick phone
23 call •
24 He never seek to meet with you?
Q

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1 A No.
2
Q Did he take a statement from you?
3 A No.
4
Q Do you remember questions he asked?
5 A Just if I knew anything about what
6 happened at the student activity center.
7
Q How long did you speak to him, would you
8
say?
9 A Five minutes.
10
Q That was the end of it?
11 A Yes.
12
Q Did you ever speak to Karen Fairborne
13
about any of the institutionalized racism?
14 A No.
15
Q Or anyone else?
16 A No.
17
Q Okay. Let!s go back to Mr. Hurley's
18 affidavit Before we do that, let me show you
19
Exhibit 5 -
20 (Plaintiff's Exhibit 5 marked for
21 identification.)
22
Q Exhibit 5 appears to be e-mail from
23 Jason Mob erly to you dated 12/10/08. Are you
24 familiar with this document?

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1 A Yes.
2 You remember receiving this?
Q
3 A Yes.
4 Do you remember the circumstances which
Q
5 you came to receive this?
6 A Yes.
7 Tell me what that is.
Q
8 MR. HOYING: Objection. This is
9 long after the lawsuit was filed. I do not
10 need to object to every question, but it does
11 no relate to anything in the retaliation
12 complaint.
13 Can you tell me what you recall about
Q
14 the context you received and read this e-mail?
15 A I received this e-mail a few days after
16 there was a confrontation between Jason Moberly
17 and Kim Ellison at the student activity center
18 about following the chain of command.
19 Tell me about that?
Q
20 A I am not sure what it was about, but it
21 had to do with following the chain of command.
22 Did you witness the incident?
Q
23 A Yes.
24 Tell me what you heard or saw.
Q

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1
A Kim came up prior to practice, around
2
4:00 in the afternoon or something. There was a
3
— Kim confronted Jason about he needed to follow
4
chain of command in order to get things done and
5 this was follow-up the next day from Jason.
6 Q Did you have any conversation with Jason
7 prior to receiving this e-mail about this matter?
8
A No.
9
Q But you are familiar with the subject
10
matter of he was talking about in this e-mail?
11
A The chain of command?
12
Q Yes.
13
A Yes.
14
Q What do you understand the
15
chain-of-command discussion concerned?
16
A Again, I am not sure about that
17
particular incident, but it -- that I believe
I Jason had gone to John Hurley about something
19
instead of me or Kim on the chain of command, and
20
things had gotten very cloudy, so Kim was
21
reminding him to go through the chain of command.
22
Q Do you remember the issue?
23
A No, I do not remember.
24
Q He says in here, little past midway,
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"All I wanted to do was help with a student
athlete. I will continue to discuss things with
3
Coach Hurley, but from now on I will include that
in every e-mail I send. However, I did not
discuss this e-mail with him. I was wrong when I
thought because Brian was there that anything with
student athletes go through him. I thought I was
doing my job to help kids come to me for help." I
do not need to read the rest of it. Is there
10 something that Jason brought to your attention
n that Kim thought should have been brought to her
12 attention first?
13 A Just by reading this, I do not know if
14 this was the actual situation, but a lot of times
15 there is advising going on in the coaching ranks
16 to students. And a lot of times they are told
17 wrong or inaccurate information. Just going by
18 what you read, I do not know this particular
19 incident, I cannot recall, but maybe academic
20 advising or advising a student in the classroom or
21 out of the classroom and they went to Coach Hurley
22 and Coach Hurley okayed it.
23
Q You do not remember what Coach Hurley
24
okayed?

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i A No.
2 Q You do not remember if Jason came to you
3 first before he went to anyone else?
4
A I do not recall, no.
5
Q It is accurate, is it not, under the job
6
description that Jason's supervisor was you?
7
A Yes.
8
Q If he had concerns involving his job or
9
matters on campus, that would be appropriate to
10 come to you?
11
A Yes.
12 Q Now, go back to Mr. Hurley1s affidavit,
13 paragraph 4, page 2: "Following the completion of
14 the interview process for the assistant coaching
15 position but before it was offered to anyone, I
16 participated in a conference call with Mr.
17
Sullivan and Ms. Ellison." Is that statement
18
accurate?
19 A The position was offered when we made
20 the conference call to him.
21
Q Tell me how this was done. How was the
22
interview process conducted and how that worked?
23 A Myself, Kim Ellison, John Hurley were on
24
the committee and interviewed Melvin Levett, Keith

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1 Starks and Jason Moberly. Shortly after that, j
2
within a couple days, we just happened — it was j
3 time for their evaluations. We brought John j
4 Hurley in for his evaluation. That day, which did {
5 not go very well, but after that evaluation was j
6 over we stuck around for a few moments and we j
7
decided amongst our group that Jason Moberly would
8 be the candidate we would recommend. j
9 Q All three of you?
10 A Yes. j
11 Q Including Kim Ellison?
12
A Yes.
13 Q What was it about Jason's application
14 that made him the preferred candidate?
15 A The biggest thing in my mind, he had
16 been there for a year and was familiar with the
17 program and John wanted him. There was no reason
IS at that point to make a change. 1
19 Q Did Kim Ellison express any preference [
20 for anyone else? i
21 MR. HOYING: Objection. 1
22 Q At any time? You can answer. 1
23 A Not that I am aware of, no.
24 Q Did she ever express the belief that \

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because Keith Starks coached overseas he had a leg
up on Mr. Moberly?
A No. Not at that meeting.
4
Q Some other time did she?
5
A Yes.
6
Q When was that?
7 A After that meeting, Kim had either --
8 somehow contacted Keith Starks. Melvin Levett was
9 out of the process because he had taken another
10 position. All we had was applications, to follow
11 up on any kind of -- anything else he had to
12 offer. At that time he said he had played
13 basketball for the Boston Celtics, played
14 overseas, which gives him a lot of credibility at
15 that point. He played -- he was good friends with
16 Mick Cronin and very familiar with the UC
17 basketball program. Within a couple days after
18 that, we had gotten together with Kim and myself
19
and that is where the conference call came in.
20
Q Let me get the sequence of events.
21
Following the process of -- the interview process
22
for assistant coaching position, you are saying
23
following this evaluation of Mr. Hurley, the three
24
of you decided to stick around and deal with

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1
selection of assistant coach? [
2
A Yes. j
3 All three were still in the mix?
Q
4
A At that point, yes. 1
5 Levett, Starks, Moberly?
Q
6
A Yes.
7
Q All three of you decided the consensus j
8
candidat e was Moberly?
9 A Yes.
10 Now, was it offered -- was the job then
Q
11 \
offer tc — when was the job offered to Mr.
12
Moberly following the meeting with Coach Hurley?
13 A The job was never offered to Mr.
14 :
Moberly.
15 The three of you come to a decision?
Q
16 To recommend. :
A
17
Q Who did you recommend him to? ]
18 Now it goes to Ann Appleton and the
A
19 dean. :
20 So the three of you came to a decision

Q
21
that Jason would be recommended to Ann Appleton i
22
and the dean for hire?
23 A And I am not sure who else. 1
24 l
Q He did not know — after that meeting he

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I did not know he had been the preferred candidate?
2
A No.
3
Q You said you participated -- Hurley says
4
he participated in a conference call with Sullivan
5
and Ellison before it was offered to anyone. That
6
statement is accurate, correct?
7
A No. We spoke to John Hurley on the
8
conference call. That position had already been
9
offered to Keith Starks.
10 Q Now I am confused. After the meeting
11 with Hurley — would that be June 9th? Let!s do
12
this, let's take a break because I am confused.
13 (Whereupon a short recess was taken.)
14 Q Mr. Sullivan, I understand from your
15 attorney you may want to clarify a previous
16 answer.
17
A Yes.
18
Q What is that?
19 A In regards to George Wharton. There was
20 a first incident that I spoke to him. He called
21
me based on the interview and our conversation
22
with John Hurley, speakerphone conversation with
23 John Hurley. That is when Jason reported to Mr.
24 Wharton that felt he did not get the job for

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retaliation. And Wharton was investigating it.
George Wharton actually came to campus, but I was
on vacation but I did speak to him on the phone.
His question to me — the brief conversation on
the phone — was just that "What did Kim say the
reasoning was?" or "Why Jason may not want the job
7
anyways?"
Q So, did you respond to Mr. Wharton?
9 A Yes.
10 Q What did you say?
11
A I told him what Kim said.
12
Q What did Kim say?
13
A After John calmed down that Jason didn!t
14 get the job and felt he had been stabbed in the
15 back, the head coach not being able to hire his
16 assistant. He said, "Well, I hope you guys know
17 you have a lawsuit coming out of this." At one
18 point, Kim!s response was "Why would Jason even
19 want to work here if he is that upset about
20 everything that is going on?"
21
Q Is there anything else you want to
22
clarify?
23
A That was in -- probably my conversation
24
with George Wharton probably happened in early
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1
July. The reason I missed him on campus, I was on
2
vacation in late June.
3
Q So let me —
4
A He came to campus and met with several
5
other people that day.
6
Q After the break, you now recall that you
7
had two conversations with Mr. Wharton?
8
A Yes.
9
Q The first is July f08?
10 A Yes.
11
Q And the second was when?
12
A December.
13
Q The December conversation concerned the
14 bag?
15
A The duffle bag.
16
Q The July conversation concerned the
17
allegation by Jason he did not get the job for
18
personal reasons?
19
A Yes.
20
Q Did Mr. Wharton come to you on that
21
occasion?
22
A No, I spoke on the phone both times.
23
Q How long did you speak to him?
24
A Again, five minutes, ten minutes.

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1
Q Did he ever present a statement for you
2
to review?
3
A No.
4
Q Did he tell you when he received this
5
complaint of Mr. Moberly?
6
A No.
7
Q Had Mr. Wharton not called you, would
8
you know Mr. Moberly filed this complaint?
9
A No.
10 Q Did you ever speak to Jason Moberly
11 following your conversation with Mr. Wharton the
12 first time?
13
A Concerning that particular incident?
14
Q Yes.
15
A No.
16 Q We will go back. Go to paragraph 4 of
17 — go through this. We are back on Exhibit 2,
18 which is the Hurley affidavit. I am looking at
19 paragraph 4, Mr. Hurley states, "Following the
20 completion of interview process for assistant
21 coach and before it was offered to anyone, I
22 participated in a conference call with Mr.
23 Sullivan and Ms. Ellison." Do you agree there was
24 conference call among yourself, Ms. Ellison and

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1
Jason Moberly and John Hurley?
2
A Yes.
3
Q "In that conference call Ms. Ellison
4
indicated that the purpose of the phone call was
5 to inform us that Mr. Moberly was not going to be
6 hired." Did Ms. Ellison, in the course of that
7 phone conference, the purpose was telling you
8 Moberly was not going to be hired?
9
A Yes.
10
Q And that Hurley asked for the reason for
11 her decision. Do you remember him doing that?
12 "Why is that Kim?" or words to that effect?
13
A Yes.
14
Q "Then Kim told him over the phone that
15 Moberly would not be hired because, in effect, he
16 complained to the officials on the main campus
17 regarding institutional racism at UC Clermont
18 affecting African-American athletes." Is that
19
what she said?
20
A No.
21
Q What did she say?
22
A She said that when John said how upset
23
he was about it and there was going to be a
24
lawsuit — "You have a lawsuit coming" is how he

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put it. And Kim said, "Well, why would Jason want
to work here if he is that upset about everything
3
going on?"
Q You have agreed — let me back up. You
have agreed that Kim Ellison said that she was not
going to hire -- Moberly would not be hired and
John asked her why. What was her response to that
8
question? Why was it, according to Ms. Ellison,
9
that Moberly would not be hired?
10
A She had gone back and found more
11
information about Keith Starks and his experiences
12
and with it being an under-utilized position and
13 everything being equal, Keith Starks is the one to
14 be hired.
15
Q This was a change, was it not, from what
16
had been decided among the three of you following
17
the Hurley evaluation conference?
18
A Yes.
19
Q That was on June 9th, I believe?
20
A Thereabouts.
21
Q As of June 9th Moberly was the preferred
22
candidate?
23 A Yes.
24 Q And he was going to be recommended?

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1 A Yes.
2
Q I am assuming this conference call is
3 taking Pi ace June 23rd. Ellison is telling you
4
and Hurle y for the first time that Moberly would
5 not be hired, correct?
6 A I knew — we called Keith Starks prior
7
to call ing John.
8 Who had?
Q
9 A Me and Kim to offer him the position.
10 When did you and Kim call?
Q
11 A That morning, just minutes before we
12
called John.
13
Q On the 23rd?
14 A I am not sure.
15 So on the 23rd you and Kim placed a call
Q
16 to Keith Starks?
17 A Correct.
18
Q The reason for that was what?
19 A My reasoning was to see if he was even
20
intereste d in the position.
21 Why is that you were calling Keith
Q
22
Starks on June 23rd?
23 A To offer him the position.
24 Why did you offer him the position?
Q

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1 A Because Kim followed up with some
2 information and had his playing experience and his
3 ties to the University of Cincinnati.
4
Q Kim told you she preferred to hire Keith
5
Starks?
6 A Yes.
7
Q Is that the first time you heard that?
8 A He was at the top, a quality candidate.
9
Q My question is more narrowing than
10
that.
11 A Okay.
12
Q My question is: Is the first time that
13 you heard that Kim Ellison wanted to hire Keith
14
Starks on the morning of June 23rd?
15 A Yes.
16 She told you because she had more
Q
17
information about him?
18 A Correct.
19 And the information she had gotten about
Q
20 Keith Starks was that he had coached overseas?
21 A Played.
22 And when you got of bed on morning of
Q
23 June 23rd , before you went to the meeting and had
24 your firs t cup of coffee or whatever you do, was

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1
it your understanding Mr. Moberly was still the
2
preferred candidate?
3
A At that time, yes.
4
Q When Kim called you and she had a new
5 take, that was still your understanding?
6 A Yes.
7 Q Did she tell you why — did she suggest
8 you and she place a call to John Hurley and say
9 she decided to go a different way?
10 A Yes.
11 Q Did you place a call to John Hurley?
12 A After we placed a call to Keith Starks,
13 yes.
14 Q Even before asking Hurley if he wanted
15
Starks to be his assistant coach?
16
A Yes.
17
Q Isn't that — for lack of a better term
18
— irregular that you would select an assistant
19
coach without even checking with the head coach as
20
to whether that was in keeping —
21
A Yes.
22
Q Is that correct?
23
A Yes.
24 Q Did you suggest that to Kim Ellison?

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1
A Yes.
2
Q What did she say?
3
A Based on what she had learned and the
4
fact it was an under-utilized position and we all
5
agreed at the first interview that there was not
6
much difference between Keith, Jason or the other
7
candidate — but the other candidate was out of
8
the picture at this point so it only left two
9 candidates — with everything being equal, this is
10 the way they felt they had to go.
ii Q It was an under-utilized position, and
12 would you agree on June 9th, when the three of you
13
discussed the three candidates, two of them were
14
African-American and the decision to select
15
Caucasian, it was still under-utilized position,
16
correct?
17 A Correct.
18 Q At that point, that it was
19 under-utilized position was not mitigating in
20 favor of Mr. Starks or Mr. Levett, correct?
21
A Correct.
22
Q So, what tipped the balance is what you
23
are telling me — strike that. What tipped the
24 balance in your view in favor of Starks?

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1
A The fact — the experience that we
2
uncovered playing overseas, playing professional
3
basketball and relationship with the town campus.
4
Q How did you uncover that?
5
A Kim spoke to him on the phone.
6
Q Did Mr. Starks provide that information
7
in his application?
8
A It was not on his application that we
9
had in the interview.
10 He played overseas?
Q
11
A Played, yes.
12
Q Not that he coached, he played?
13
A Yes.
14
Q All his coaching experience had been
15
fully revealed and laid out in his application?
16
A From what I am aware of.
17
Q You know he played UC basketball?
18
A Yes. I know him very well.
19
Q So the fact he played overseas, what is
20
it about playing overseas that makes that
21
experience valuable on the UC Clermont campus?
22
A I am not sure. I look more to
23
professionalism than to overseas.
24
Q Is there any reason -- assuming this is

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I interesting and good credentials, Kim Ellison is
2 touting this individual as preferred candidate, is
3 there a reason you did not place a call to Coach
4 Hurley before you offered the position to Starks
5 to see whether he was interested in the position?
6
A No.
7
Q You do not know why or do you know why?
8
A I do not know why.
9
Q Now, did you know at that point on the
10 morning June 23rd that sometime prior to June 23rd
11 that Jason Moberly had registered complaints to
12
either Wharton or Karen and someone at the UC
13
administration?
14
A I knew he had complaints. I knew as far
15
back as basketball season.
16
Q Did you know he had taken those
17
complaints to the administration by the morning of
18
June 23rd?
19
A Sure, y e s .
20
Q Did Ms. Ellison know that?
21
A I am not sure.
22
Q When she said "He is not happy here",
23
was that her statement?
24
A Yes, something to that effect.

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1
Q Kim Ellison's view as she expressed
2
them, why was that?
3
A He made comment over the whole
4
basketball season about different things going on.
5
Q He knew he wanted to be the coach?
6
A Sure.
7
Q And you knew he wanted to be the coach?
8
A Sure.
9 Q So, just so I am clear, I will ask
10 again, I do not know if I received an answer. If
11 I did, I apologize if it!s in the record.
12 According to Hurley, he asked Kim the reason for
13 her decision to go with Starks, and she said
14 Moberly would not be hired because he complained.
15 As you recall, what is it that Ellison said to
16 Hurley on the phone in that conference call in
17 response to Hurley's question why?
18
A Something to the effect, John said, "You
19
know there's a lawsuit coming"; and Kim said,
20
"John, why would Jason want to be here if he is
21
so unhappy?" or something to that effect.
22
Q Did you understand from that — did you
23
come away with that response that Kim no longer
24
wanted to hire Moberly because he was unhappy?

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Page 7 4
1
A I did not think I understood it would
2 not be that big of an effect on any of them
3 because he was so unhappy of how things were
4 going.
5
Q When she responded to John Hurley's
6
question why you no longer want him to be the
7
coach, and she said, "Well, he is not happy
8
anyway", did you understand that to be a reference
9
to the fact that Moberly had registered
10
complaints?
11
MR. HOYING: Objection. You can
12 answer. My objection is that he never
13 testified to that. I think your question was
14 whether or not in response to Hurley's --
15 Q Let me rephrase it.
16
MR. HOYING: That is not what he
17
testified to.
18
Q Let me go back. At some point in the
19
phone conference, John Hurley says to Kim Ellison
20
— does he not ~- "Why have you changed your
21
mind? Why do you want Starks instead of Moberly?"
22
A Yes.
23
Q That question was asked of Kim?
24
A Yes.

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1 Q Kim made a reply, correct?
2
A Correct.
3 Q I understand that reply from your
4 testimony to be, "Well, why would Jason want to be
5 here anyway? He is unhappy" or something to that
6 effect?
7 A That is after the fact he was playing
8 for the Boston Celtics and playing overseas and
9 his relation with UC.
10 Q Then she said?
11 A Then he said, "You will have a lawsuit
12 coming out of this"; and she responded something
13 to the effect, "If he is that unhappy, why is this
14 — big of a blow" or what "If he is unhappy, why
15 would he want to be here?"
16 Q Any further conversation?
17
A Not that I recall.
18 Q Did you have any conversation — what
19 you are saying, Mr. Hurley's statement isn't
20 correct?
21 A Yes. That wording is incorrect.
22 Q Have you discussed this affidavit with
23 Mr. Hurley?
24 A No.

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Page 7 6
1
Q Did the final paragraph 4 — strike
2
that. He goes on five lines from the bottom of
3
paragraph 4 of affidavit, "She" — meaning Ellison
4 — "stated she had obtained additional
5 information about another candidate for the
6
position which reflected he played professional
7
basketball overseas and said this is additional
8
reason of selection of another candidate." You
9
heard Ellison say that; is that correct?
10
A Yes.
11
Q That part is correct?
12
A Yes.
13 Q Then it goes on to say, "I, in turn,
14
explained my belief that overseas play had no
15 apparent relevance to the assistant coaching
16
position."
17
A Yes.
18 Q Did you hear Hurley say that?
19
A Yes.
20 Q So the only part that you disagree is
21 him attributing Kim Ellison saying that Moberly
22 would not be hired because he complained to
23 officials on UC campus, correct?
24
A Correct.

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Page 77 I
1
Q So, how did that conference call [
2
terminate5? ?
3
A I can't recall. Rather abruptly I am j
4 i
sure.
5
Q Were you sitting with Hurley at that |
6
point? :
7
A No. 1
8
Q Where were you?
9
A In Kim? s office. [
10
Q You were with Kim at that point?
11
A Yes, on a speakerphone. 1
12
Q Did you every speak with Hurley about
13
what had taken place in that conference call?
14
A Not specifics.
15
Q Generalities. Did he ever say anything
16
to the e ffect that Kim had stated basically that
17
because Jason had gone downtown, he was not going
18
to be hi red and that is how Hurley saw it?
19
A No. We did not talk about it. We did
20
talk about -- as I stated early on, the head 1
21
coach, I feel the head coach should have a say in
22
the assistant, but that is not the way it went,
23
Q So after this conference call, what
24
happened with the coaching position? I

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Page 78 {
1
A I began to contact Keith Starks on j
2
multiple occasions. Did reach him to get the j
3
process s tarted to get his social security and !
4
birthday. Then I called again multiple occasions
5
with no response at all. Until we resorted to
6
weeks out , and sent him certified letter saying
7
that "If you do not respond to this letter, we [
8
have to assume you do not have interest in the
9
position anymore and will be closed up." And he
10
still has not responded to this day as far as I
11
know. \
12
Q What was done with the coaching
13
position? <
14
A At the time it was offered to Jason
15
Moberly. |
16
Q Did he serve in that capacity?
17
A Yes.
18
Q How did he do?
19
A Fine. 1
20
Q What is his status now with respect to l
21
the coach ing position?
22
A He is assistant men's basketball coach.
23
Q Through what period?
24
A There is no period. [

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Page 7 9
1
Q In 2009/2010 will he serve in the
capacity if he wants?
A Yes.
Q Does he need a background check?
A No.
Q Are there any conditions or
7
qualifications or considerations which now prevent
8
him from serving as a coach in the fall?
9 A No.
10 Q Any background information you have to
n check out with respect to --
12 A No.
13
14
identification.)
15 Q Let me show you Exhibit 6. Can you
16 identify that, please?
17 A It appear to be Jason Moberly's resume.
18 Q Is that what you received in connection
19
with the assistant coaching position?
20
A It appears to be, yes.
21
Q Is that accurate, as far as you know?
22 A As far as I know, yes.
23 Q Are you aware if Mr. Moberly
24 misrepresented any qualifications or credentials

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Page 80 j
or background information about himself? j
2 A No. I
3 Do you know student athlete Stefan Dunn? j
Q
4 A Yes. I
5 Who is that? j
Q
6 A Stefan played basketball for UC j
Clermont. He graduated in December -- sorry, last j
June. j
Q June f08? I
A Yes. Played for UC Clermont and was j
four-time All-American National Player of the [
Year. Very good player. I
13
Q Was he honored by the school? j
14
A Yes. j
15
Q How so? j
16
A We retired his jersey. j
17
Q When was that? i
18
A November of this year, at a game. I
19
Q How did that — who made the decision to 1
20
honor Dunn? j
21
A Myself and Kim, Ann Appleton and the l
22
Dean McDonough. f
23
Q Was the idea to honor Dunn suggested by I
24
Jason Moberly? j

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Page 81
1
A Originally, yes.
2 Q When was that?
3 A I would say January to March '08. In
4
that time frame.
5
Q What was the initial response to that
6
suggestion?
7 A That I would take it to my superiors. I
8
thought it was a good idea.
9 Q Did anyone object?
10 A There was no objection to honoring him.
11 We just had not retired a jersey at UC Clermont.
12 We had no current credentials -- there was no
13 guidelines to retiring a jersey. There was
14
nothing to go by in that.
15
Q Do you know an individual by the name of
16 Monica Johnson?
17
A Yes.
18 Q Who is she?
19 A She is former employee that worked at
20 the student service center.
21 Q Have you ever spoken to her?
22 A Just to say "Hi."
23 Q Is she still with the University?
24
A No.
''

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Page 82
Q Do you know her last forwarding address?
A No.
Q Do you have access to that information?
A No, I do not.
Q To your knowledge, has she ever spoken
to anyone with University administration about the
treatment of student athletes at the Clermont
8
campus?
9
A Not that I am aware of.
10 (Plaintiff!s Exhibit 7 marked for
11
identification.)
12
Q Mr. Sullivan, you have been handed a
13 copy of Exhibit 7 which appears to be a document
14 entitled Staff Application with the position of
15 assistant coach submitted by Keith Starks on or
16 about May 15th. Do you see that?
17
A Yes.
18
Q Are you familiar with this document?
19
A I am just familiar with the first two
20
pages.
21
Q Let's go to the front page, job position
22
-- job title is assistant coach position number.
23
Is that the position for which you received
24
applicants?

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Page 83
1
A As far as I know, yes. Assistant coach,
2
minor sports.
3 Q Now, attached to that is a letter from
4 Starks "To whom it may concern." Have you ever
5 seen this document before?
6
A No.
7
Q Do you know if this was attached to this
8
application?
9 A It was not attached to the application
10 when I pulled it off, no.
11
Q Have you ever seen this at all?
12
A No, I have not.
13 Q Now, I'm assuming this is from Starks.
14 Personal interview — "I would like to schedule a
15 meeting." Did you meet with Starks at some point?
16
A Yes.
17 Q He was a candidate?
18
A Yes.
19 Q You had the opportunity to ask about
20 experience in life and experience from basketball
21
and coaching and what have you?
22
A Yes.
23 Q How long did you spend with Mr. Starks?
24 A Probably 45 minutes, an hour.
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Page 84
Q Your purpose in talking was to explore
what he had done in the past?
A Yes.
4
Q And who was at that interview?
5
A John Hurley, Kim Ellison and myself.
6
Q Were you careful to ask what you thought
7
to be important questions concerning credentials?
8
A Yes.
9
Q Would that include his history as a
10 basketball player?
li
A Yes.
12
Q And as coach?
13
A Yes.
14 Q Did you ask what he had done since
15 college?
16
A We had a list of questions.
17
Q Did you ask about after UC, "What did
18 you do with your basketball career?"
19
A I canft recall.
20
Q Is that a normal question?
21
A Yes.
22
Q Is that an important question?
23
A Yes.
24 Q Given that's the position you are hiring

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:
J L
Page 85 i
i
1
for? i
2
A Yes. I
3
Q Did you ask him if he played basketball |
4
domestically since graduating UC? I
5
A I can? t recall. I
6
Q Is that a normal question? |
7
A Would be. j
8
Q Let me ask you to look at the document. |
9
That appears to be a resume or CV of Mr. Starks. j
i
10
Had you ever seen this before? |
11
A No. 1
12
Q Do you know how this came to be online [
13
at the University of Cincinnati? j
14
A Sorry? I
15
Q Do you know how this came do be online? 1
16
A No. j
17
Q The second page appears to be a resume |
18
of Mr. Stark's basketball playing experience. Do 1
19
you see that? j
20
A Yes. j
21
Q It lists UC and period with the Celtics j
22
and some stints in Belgium, Italy, France and |
23
China. Do you see that? j
24
A Yes. j
i "• 8
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Page 8 6
Q He said what he did from '94 through
T
98; is that accurate?
A Yes.
Q Is it your testimony you did not explore
with him these experiences when you had a personal
6
interview with Mr. Starks?
7 A Based on our list of questions, the only
8 thing that came out of the questions that he
9 offered was the fact he played under Bob Huggins
10 and at the University of Cincinnati.
11 Q You are telling us you did not ask him,
12 or Kim Ellison did not ask him, or Coach Hurley
13 did not ask him at his personal interview whether
14 he played basketball beyond the University of
15
Cincinnati?
16
A No.
17
Q As he left that personal interview, you
18
had no idea what his basketball experience was
19
from 1993 through 1998?
20
A Just based on the questions, all he
21
offered us, he was UA coach and assistant coach at
22
Anderson High School.
23
Q Mr. Starks, in a 45-minute interview,
24 for position of assistant coach, he never offered

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Page 87 j
1
to you or anyone at the interview, the fact he )
2
played with the Boston Celtics or spent several j
3
years in Europe playing professional basketball? j
4
A No. 1
5
Q Did you think you conducted a thorough |
6
and professional interview? j
7
A Based on the questions we had, those j
8
were the answers we received. |
9
Q That's all I have. Thank you. j
10
(Deposition concluded at 3:30 p.m.) j
ii
12
13
14
15
BRIAN SULLIVAN
16
17
18
19
20
21
22
23
24

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Page 88
1 C E R T I F I C A T E
2
STATE OF OHIO )
3 ) SS
4
HAMILTON COUNTY )
I, Jennifer Strothers, the undersigned,
a duly qualified and commissioned notary public
within and for the State of Ohio, do hereby
certify that before the giving of his aforesaid
deposition, the said BRIAN SULLIVAN was by me
10
first duly sworn, to depose the truth, the whole
11
truth, and nothing but the truth; and that the
12
foregoing is a deposition given at said time and
13
place by the said BRIAN SULLIVAN; that said
14
deposition was taken in all respects pursuant to
15
Notice; that said deposition was taken by me in
16
stenotypy and transcribed by computer-aided
17
transcription under my supervision; and that the
18
transcribed deposition is to be submitted to the
19
witness for his examination and signature.
20
I further certify that I am neither a
21
relative of nor attorney for any of the parties to
22
this cause, nor relative of nor employee of any of
23
their counsel, and have no interest whatsoever in
24 the result of the action.

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Page 8 9
1
IN WITNESS WHEREOF, I have hereunto set
2 my hand and official seal of office at Cincinnati,
3
Ohio, this day of , 2009.
4
JENNIFER STROTHERS
Notary Public-State of Ohio
My commission expires:
July 10, 2010
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

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Windows Live Hotmail Page 1 of 1
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Junk FW: Application Materials
Drafts From: SuHivan, Brian (sullivbr) (suilivbr@UCMAIL.UC.EDU)
Sent Frl 1/11/08 6:39 PM
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To: Jason Moberiy O_moberiy@hotmail.com)
Deleted # 5 attachments ff&S Samsun
WITH HEW-21
Basketball Acknowled...rtf (6.0 KB), ApplicatL.doc (18.4 KB), BGI
Time .JPG (1793 KB), I-9.pdf (366.8 KB), W-4.pdf (50.7 KB)
Personal
School Emails Jason,
Manage folders
I just found out that we have to pay you through a temp service look
Related places over the process and decide if it worth the effort and let me know.
Today Thanks
Brian
Contact list
Calendar
From: Reveal, Nancy (revealna)
Sent: Monday, January 07, 2008 9:45 AM
To: Suilivan, Brian (sullivbr)
Subject: FW: Application Materials
Brian,
Privacy
These are the forms Jason Moberiy will need to complete. 1 wil!
explain the procedure to you during our meeting.
Nancy
From: BGINIKLAS@aol.com [mailto:BGINIKUS@aol.com]

Sent: Thursday, July 06, 2006 12:24 PM
To: nancy.reveal@uc.edu
Subject: Application Materials
SEE ATTACHMENTS
If you need anything, please feel free to contact me.
Greg Niklas
513-761-5000
513-821-4032 FAX
513-607-9687 CELL PLAINTIFF'S
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Sent: Fri 1/11/08 8:08 PM
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To: Sullivan, Brian (sullivbr) {suflivbr@ucmaiLucedu)
Deleted (1)
i'li fill it out this weekend and give it back to you Sunday. <-*V..
Basketball
Personal
School Emails Subject: FW: Application Materials

Date: Fri, 11 Jan 2008 10:34:56 -0500
Manage folders From: sutlivbr@UCMAILUC.EDU
Related places To: j__moberly@hotmaii.com
Today Jason,
Contact list
Calendar
1 just found out that w e have to pay you through a temp
service look over the process and decide if it worth the
effort and let me know.
Jhei
Privacy
Thanks
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Brian
Spent
F r o m : Reveal, Nancy (revealna) CathvsT

S e n t : Monday, January 07, 2008 9:45 AM
T o : Sullivan, Brian (sullivbr)
S u b j e c t : FW: Application Materials
Brian,
These are the forms Jason Moberly will need to

complete. 1 will explain the procedure to you during our
meeting.
23
hitn://hl115w.blul 15.mail.Hvexom/mail/IiiboxLiRht.aspx?FolderI]>00000000-0000-0000... 4/26/2009

! UNITED STATES DISTRICT COURT
WESTERN DIVISION
JASON MOBERLY Case No. 1-G8-CV-00569
Plaintiff, Judge Weber
vs.
UNIVERSITY OF
et al.
Defendants,
AFFIDAVIT OF JOHN HURLEY
)
) ss;
County of Hamilton )
1. I am the current head coach of the University of Cincinnati Clermont
College Men's Basketball team. I have held this position since 2003.
2. During the summer prior to the 2008-2009 academic year, UC Clermont
began a search to fill the position of Assistant Men's Basketball Coach at the College.
The search committee included Athletic Director Brian Sullivan, Director of Student Life
Kim Ellison and me. We interviewed several candidates for the position including Jason
Moberly, the individual who had served as assistant coach during the previous year. We
all believed Mr. Moberly was the most qualified person for the job.
3. Shortly after his interview Mr. Moberly notified me that he had contacted
Karen Faaborg, Vice Provost for Academic Personnel at UCs main campus, regarding
his concern about "institutionalized racism" at UC Clermont. Mr. Moberly later told me
PLAINTIFF'
EXHIBIT
_^£- ~33
that he had spoken to George Wharton, Director of UC*s Equal Opportunity Office,
about the same issue.
4. Following the completion of the interview process for the assistant
coaching position, but before it was offered to anyone, I participated in a conference call
with Mr. Sullivan and Ms. Ellison. Ms. Ellison indicated that the purpose of the phone
call was inform us that Mr. Moberly was not going to be hired. I asked the reason for
her decision and she told me that Mr. Moberly would not be hired because, in effect, he
had complained to officials on the main campus regarding institutional racism at UC
Clermont affecting African American athletes. She further stated that she had obtained
additional information about another candidate for the position which reflected that he
had played professional basketball overseas' and explained that this was an additional
reason supporting the selection of another candidate. I in turn explained my belief that
overseas play had no apparent relevance to the assistant coaching position.
FURTHER AFFIANT SAYETH NAUGHT.

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This Page to bypass the Funding/PBC area.
squired information is denoted with an asterisk.
Action Fill Vacancy
College/Division Clermont College
Department CC Athletics
SAP Position Title Asst Coach Minor Sp (Ne)

SAP Position Number
Enter TBD in this field if creating a new 70031403
position
Job Title Assistant Coach Minor Sports (NE
Limited To
Working Title (if different from Job Title) Assistant Men's Basketball Coach
Organizational Unit Number 60000155
Campus Clermont
Recruitment Number (for Provosta! area)
lob Reference Number 272394

PLAINTIFF'S
Position Number (For Human Resources) 27UC2394 EXHIBIT
_ ^5v ^J
https://www.jobsatncxom/userfil^ 4M/900O
Is this a new position? No
Person to be replaced (if applicable)
Broadband Type None
Responsible Broadband User/Research

Assistant
(If this is a broadbanded position, please Murphy, Theresa

select the responsible broadband/Research
Assistant user.)
Job Category
Staff Position
Applicants can search by this field.
Classification
Administrative/Professional
Help
Type of Appointment Part-Time (Less than 12 Months)
If temporary, please provide the start date of

the position.
If temporary, please provide the end date of
the position.
Shift Varies
Daily Work hours (i.e. 8a-5p) Varies
FTE% 19%
Standard Days Worked for this Position (i.e.,

WTFS
M-F; MWF, etc.)
Please enter a pay rate. If pay is
commensurate with experience this field is 2192/month - paid hourly @ 6.85/hr
not applicable.
Pay Basis Bi-Weekly

Is this a Millennium position? (For Faculty
Positions Only)
Track Type (For Faculty and Tenured
Positions Only)
Affiliation (For Medical Center use)
Supervisor Brian Sullivan
Supervisor Telephone Number 558-1559
Work Location/Office/Lab Room Number 0162
Job Group Code 0300
Pay Grade: 98
Are females underutilized in the department's
No
job cluster?
If yes is indicated a letter summarizing the
good faith efforts made to achieve a diverse
pool of candidates must be posted in the
justification section or as an attached
document
If Yes, Goal Number (Available % from
https://wvwjobsafticxom/userfiles/^ 4/6/2009
Utilization Analysis report)

Are people of color underutilized in the
department's job cluster? No

document
If yes. Goal Number (Available % from
Utilization Analysis report)
Are African Americans underutilized in the
Yes
department's job cluster?
If Yes, Goal Number (Available % from
Utilization Analysis report) 13.03
document
Has a waiver been received and approved for M
N0
this position?
Please cut and paste Waiver text here: (if
applicable)
Justification Letter
Position Description:
Assist coaching, attend state tournament, set up for home games, drive school
van for trips.
Develop and implement a plan to write, call and meet local high school coaches
Job Description
for the purpose of recruiting; attend high school schools to recruit players and
meet parents; develop plan to recruit prospects on Clermont College campus;
attend coaching clinics for growth and development.
Basketball coaching experience, experience in working with college-aged
Minimum Qualifications
students; valid driver's license. Experience with Supervision and leadership
Ideal Qualifications
Unusual Working Conditions
ATTACHMENTS: The maximum capacity for a single attachment is 2 megabytes.

If the size of your document is more than 2MB, please divide it into several
smaller documents and use the fields labeled RESUME, COVER LETTER, and
OTHER to complete your attachments.
Special Instructions to Applicants
Email Notification -The preferred mode of correspondence is via email. If you
provided us with an email address on your application, we will email you
information regarding your application status. All applicants are advised to
periodicaily check their file for updated information regarding application status.
Documents that MUST be attached by the
applicant (Required Documents)
Selecting options in this field will require the applicant

to attach the number of documents listed. The Resume
applicant will be unable to successfully apply to your
position until documentation has been attached. Cover Letter
If select Other please include description of Other

information to be attached in the Special Instructions
to Applicants section.
h%s://wwwjobsatuc.com/userfite^^ 4/6/2009
Documents that CAN be attached by the

applicant (Optional Documents)
Other (See Special Instructions to Applicants)
If select Other please include description of Other
information to be attached in the Special Instructions
to Applicants section.
Application Types Accepted Staff Application
Post Immediately?
Job Posting Date 05-02-2008
Notification Date
(Reminder date that position is still posted -

for use of positions open until filled)
Job Close Date Open Until Filled
Direction to HR:
If this is a follow-up requisition to hire an
applicant from a previous position, provide
the appicant's name.>
Provide the originating requisition number for
this applicant
HRSC will copy the appliicant into this

position. If this is a a student position, the
student hirirng manager can copy this
information without HR assistance. Piease
refer to the Copy From Pool section of your
manual.
Responsible Student Hiring Manager/Adm
A HR Use Only, HR
User Form User
Responsible Hiring Manager
..- . . . „. _. . , Reveal, Nancy
When reviewing a requisition as a Director for - . , T.,
the BG&E Term Adjunct Hiring process, ? , ,. 1
please enter the default A HR Use Only, HR Appleton, Ann
in the Hiring Manager fieid.
Hiring Manager Telephone Number Nancy Reveal 732-5211
Mail Location
Thank you for your interest in this position. The screening and selection process
is currently underway and will continue until a successful candidate is chosen.
Pass Message
Should review of your qualifications result in a decision to pursue your candidacy,
you will be contacted.
Thank you for your interest in this position. Based on your responses to the
questions on the employment application, you do not meet the minimum
Faii Message
qualifications for this position. Please do not let this discourage you from applying
for other positions that interest you.
Requisition Status Re-opened to the General Public
Submit for PMR or Budget review? No
Internal Advertising Sources
Select one of the following Internal Job Opportunities + External Advertising Sources
Advertising Sources. For External Ads, see
the Advertising Sources Tab.
Quicklink
https://www.jobsa1xic.com/use^ 4/6/2009
www.jobsatuc.com/applicants/Central7quickFind=5 9863
^Required information is denoted with an asterisk.
■MANGEL;.:;! .-- V l E ^ p b s r r l ^ v S u H K ^ i K ^ >>:
Affirmative Action/Equal Opportunity Employer

Human Resources ■ University Hall, 3rd floor * 51 Goodman Drive • University of Cincinnati
P0 Box 210039 ' Cincinnati, OH ■ 45221-0039 ' (513) 556-6381
Send comments or questions to: The Human Resources Services Center

Copyright Information. 2003 © University of Cincinnati
https://wwwjobsatuc.com/userfiles/j^ 4/6/2009
■Page 1 of 2
From: j_moberly@hotmaiI.com
To: sullivbr@ucmail.uc.edu
CC: johnehurley@yahoo.com
Subject: RE: Coaching position
Date: Tue, 6 May 2008 15:04:02 -0400
Brian,
I tried to apply for the position but because I had to do it last year, it won't allow me to re-apply. I can't withdraw my
application even though it was canceiied. I don't know if you want me to print out a cover letter and resume or what you
want. I can give you the username and password that I created so you can go in and look at it. My information is still on.
there (cover letter, resume) just doesn't include last season.
Jason
Subject: Coach ing position

Date: Fri, 2 May 2008 10:58:58 -0400
From: sullivbr@UCMAILUC.EDU
To: j_moberly@hotmaiI.com
CC: johnehuriey@yahoo.com
Jason,
The position is up on the website. I wanted to let you know so you can get on it today.
Thanks
Brian
Brian O. Sullivan
Program Coordinator/Athletic Director
UC Clermont College
4200 Clermont College Drive
Batavia, OH 45103
Tel: (513)558-1559
Cell: (513)325-4599 -
Fax: (513)732-5303
PLAINTIFF'S
S EXHiBIT
(HjB
OMrtAAO
Windows Live Hotmail J. age x ui i
t$ W i n d o w s Live" Home Profile People Mail Photos More* MSN* Search the web
Hotmail New | Delete Junk | Mark as ▼ Move to T | Messenger T | Op
j_moberiy@hotmail.c. Reply Reply ail Forward j Free Cre

See You
Inbox
Reports
Junk
RE: Coaching position
Drafts From: Sullivan, Brian (sullivbr) {suliivbr@UCMAILUC.EDU)

Sent Thu 5/08/08 5:57 PM
Sent
To: Jason Moberly (j_moberly@hotmail.com)
Deleted
Jason,
I Basketball
Personal I was abie to move you into that application process so everything is
on track. I will stay in touch.
School Emails
Thanks
Manage folders Brian
Related places
Today From: Jason Moberly [mailto:j_moberly@hotmail.com3
Sent: Thursday, May 08, 2008 8:06 AH
Contact list To: Sullivan, Brian (sullivbr)
Calendar Subject: RE: Coaching position
What should I do because I can't apply for the position?
Jason
Privacy
Subject: Coaching position
Date: Fri, 2 May 2008 10:58:58 -0400
From: suiiivbr@UCMAILUC.EDU
To: j_moberly@hotmail.com
CC: johnehuriey@yahoo.com
Jason,
The position is up on the website. I wanted to let you know so you

can get on it today.
Thanks
Brian
Brian 0. Sullivan
UC Clermont College
Batavia, OH 45103
Tel: (513)558-1559 ^
Cell: (513) 325-4599
Fax:(513)732-5303
Windows Live Hotmail r a g e i 011
4 ^ Windows Live™ Home Profile People Mail Photos More* MSN Search the wet
Hotmail New j Delete Junk j Mark as ▼ Move to T j H Messenger ▼ j Op
j_moberiy@hotmail.c. Reply Reply all Forward j

Inbox
Junk RE: meeting
Drafts From: Sullivan, Brian (sullivbr) {sullivbr@UCMAILUC.EDU)
Sent: Tue 5/20/08 9:40 PM
Sent
To; Jason Moberly (j_moberly@hotmail.com)
Deleted
Jason,
Basketball
You were paid through a temp service last year so in the eyes of the c .
Personal
university there was no assistant coach. I have to wait until there are
School Emails three applicants which I have now and will get through this quickly.
Manage folders Brian
Related places
if- * -
Today From: Jason Moberly [mailto:j_moberiy@hotmail.com]

Sent: Tuesday, May 20, 2008 2:25 PM
Contact list To: Sullivan, Brian (sullivbr)
Calendar Subject: RE: meeting
I still can't believe that I have to interview for a position that I

already have. Is this a typical thing every year? Will I have to do this
--I* -\,T..I-5» ' ,
again if I get the position?
Privacy
Subject: meeting . * * ■r * j " *
Date: Tue, 20 May 2008 13:12:58 -0400

From: sullivbr@UCMAIL.UC.EDU
To: j_moberly@hotmail.com
Jason,
What is the best day to meet next week for your interview for the * ksA :K
men's basketball assistant coaching position?
Thanks
Brian
Brian O. Sullivan
UC Clermont College
Batavia, OH 45103
Tel: (513)558-1559
Cell: (513) 325-4599
Fax:(513)732-5303
26
A ii/rnAnn
WHK10WS -L-IVC IUULLLUU1
* & Windows Live" Home Profiie People Mail Photos More» MSN ▼ Search the wet
Hotmail New | Delete | Mark as ▼ Move t o * J § Messenger T j Op
j_moberly@hotmai!.c. Reply Reply all Forward |

Inbox (1)
Junk (No Subject)

Drafts From: Jason Moberty (j_moberiy@hotmail.com)
Sent
Sent Wed 12/10/08 334 PM A7&
To: Brian (suilivbr) Sullivan (sullivbr@ucmail.uc.edu)
Deleted
Basketball Brian,
Personal Can y o u forward this on t o Kim, I don't have her emaii address.
School Emails
As a coach at Ciermont my main concern is for the students. I tried to
Manage folders help the students get everything they need in order t o be successful
Related pfaces at the college level not only on the basketball floor but in the
classroom. I have always put academics in front of athletics and will
Today
continue t o d o so. I understand the "chain of command". As of now, I
Contact list will follow the chain of command when it comes to basketball and
helping the kids get enrolled at the college. These student athletes
Calendar
are more important to me than anything else. As a coach, success is
built by what your players have accomplished in the classroom and
Mcv's so* age.
Mcr& phCiros. by what they d o after graduation. I see my j o b as an Assistant
Mere 1m basketball coach t o help these students become successful. The only
Saehpw
way for them t o be successful is if they can get the help they need to Thmi
Privacy get into college and that's what I though I was doing. All I wanted to
d o was help these student athletes. I will continue t o discuss things
with Coach Hurley but from now on, I will include that in every email
that I send. However, I did not discuss this email with him. I was
wrong when I t h o u g h t that because Brian was the athletic director AMor
that anything regarding student athletes would go through him. I
thought I was doing my j o b by helping kids who come to me for
help. As I stated before, I will continue t o follow the chain of
command but I will include Coach Hurley's name if I have to email. Cathysft
the Athletic Director for any future assistance in making sure these
kids have a successful transition into college and athletics.
Jason
Send e-mail anywhere. No map, no compass. Get your Hotmail

account now.
PLAINTIFFS
EXHIBIT
40
wtrv//hin W H , , i 1 <; mflil.«ve.com/maiiyinboxLiehtasDX?Foldern>=00000000-0000-0000... 4/26/2009

Jason Moberly
3585 St Rt 134
MtOrab, Ohio 45154
Home Phone (937) 403-8786
EDUCRTIQH
Southern State Community College, Associate of Applied Business
(Business Management Technology: Computer Programming Major)
Embanet Training Course (awaiting testing for A+ Certification)
White Oak High School
C0MFOTHISHI1S
• Visual Basic, Pascal, and Visual C++ Programming
• Excelled at programming projects assigned by Professor
■ Took a leadership role in helping other students complete programming projects
• Windows 95, Windows 98, Windows 2000, Windows XP, Windows ME, Windows NT, MS-DOS
• Web Design and development for private business
• Repair Computer Hardware, Troubleshooting
• Excel Spreadsheets
• PowerPoint
• MS-Mail, MS-Word, Word Perfect
• FrontPage
• Install and Uninstall Software and Hardware including Printers, Scanners, and Digital Cameras
• Maintaining, operating, and troubleshooting V-Tel systems
• Updated Computer Labs, Faculty and Staff PC's
• Efficiently answer phone calls to helpdesk, solve problems over phone or fixing at computer
WDRKHISTOBY
Helpdesk Technician, Siemens Business Services (May 2007—Present)
Answer phones
Troubleshoot computer problems from three different companies
AH troubleshooting is done over the phone
All companies are world wide
Head Men's Basketball Coach, Southern State Community College 1002-2006)

Scheduled practices and games
Prepared our team for practices and upcoming games
Maintained the team budget
Scouted potential players
Recruited top players in five county areas
Actively promoted players to four year colleges
Actively promoted program to community
Technology Assistant, Southern State Community College (July 2001 ~ September 2005)
Install and uninstall software
Clean and repair hardware
Troubleshoot problems with classroom and lab computers
Oversee all computers at Central Campus computer labs
Maintain and operate Distance Learning (V-Tel System)
Help maintain network stability
Applicant Information Page 1 of 2
Close Window
rtaff Application
Requisition Number: Position Number: Job Title: Date:
272394 27UC2394 A s s i s t a n t C o a c h M i n o r S p o r t s (NE) M b b May 15 2008 1:47PM
Personal Information
Last Name: First Name: Middle Name: Suffix: Email Address:
starks William keith No bearcats422002@yahoo.com
Response
Address: City: State: Zip Code: Country:

1219 b e a c o n s t r e e t Cincinnati OH - Ohio 45230 No R e s p o n s e
Primary Contact Number Alternate Contact Number

513-232-1118 513-659-0022
For purposes of compliance with The Immigration Reform and Control Act, are you legally eligible for employment in the United
States?
Yes
Are you a previous or current University of Cincinnati employee? If you are a previous or current University of Cincinnati employee,
No what is your ID number?
In case of emergency, who should w e notify? (Please include name and phone)
L e a n n s t a r k s 513-659-0022
^tfiajse select your preferred working site(s):
; University of Cincinnati West Campus Clermont CoBege Branch Campus (Batavia, Ohio)
University Medical Schools (Colleges of Medicine, Nursing X College of Applied Science (2220 Victory Parkway)
and Pharmacy)
Raymond Waiters Branch Campus (Blue Ash, 9555
Plainfield Road)
Voluntary Demographic Data

Are you disabled? Are you a veteran of the Are you a veteran (other than Are you a disabled veteran?
Vietnam era? Vietnam era)?
Education
Did you graduate from High School or receive a GED? If no, list the highest grade you completed:
Yes
List any certificates received:
diploma
Name of School: Major (if applicable): Degree (if Number of Years Did you graduate? Date
applicable): Completed: Completed:
U n i v e r s i t y of Criminology 4 Yes 06-1991

Cincinnati
Cincinnati, OH
N o Response
\ ' No Response
No R e s p o n s e
https://wwwjobsalxicxom/userfi]es/jsp/shared/application/PrintabIeApplicationjsp?time=I 229436145984 12/16/2008

nr./iunRFRiY nni2
applicant lniormauon Fage2of2
No R e s p o n s e
\( Y Experience
Additional Experience Section
Use this box to explain any prolonged periods of unemployment or to list any additional work experience not listed above:
Conviction Information
Have you ever been convicted of a local, state or federal offense? Note: A conviction may or may not result in confinement.
No
Conviction History
Date of Conviction: Address at time of Charge: Penally Assessed: List your Probation/Parole
Conviction: Officer:
No R e s p o n s e
No R e s p o n s e
No R e s p o n s e
No R e s p o n s e
No R e s p o n s e
< jjlemental Questions

What prompted you to apply to the University of Cincinnati?
Referred b y U C Employee
Please specify from above {if applicable):
Mic C r o n i n m e n ' s b a s k e t b a l l c o a c h
Agreement
The University of Cincinnati is a drug-free workplace. Individuals offered employment at The University of Cincinnati may be required
to successfully complete a pre-employment physical which includes drug testing. Individuals who refuse to take orwho fait the drug
test, after being informed, will be removed from employment consideration. A ) ! understand that any intentional or unintentional
misrepresentation of fact in this application will because for dismissal, cancellation of offer, and/or negotiation of any additional
employment considerations or agreements. J hereby authorize the University of Cincinnati to investigate these statements without
liability arising therefrom. By my agreement of this statement I authorize any city, county, state, or federal law enforcement agency or
court related thereto to release information they possess concerning me or any prior arrest which resulted in conviction. B) 1 also
agree to abide by the University's Smoke Free Workplace rules as established. C) I also realize that my employment is dependent
upon the successful completion of a physical examination and'attendance at orientation for new employees.
BY SIGNING BELOW, I certify that i have read and agree with these statements.
william keith starks

Applicant's Mame Applicant's Signature Date
Test Scores
Qosc Window
( \
https://wwwjobsatucxom/userfiies/j^^ 12/16/2008
i ir/MDQEP! v t w n
To Whom It May Concern:
I suspect you'll find very few candidates with a background such as mine—and it's one
I'd like to put to work on your behalf.
As you'll see on the enclosed resume, the depth of my experience in the sports industry
will shine through. As a college & professional basketball player and most recently a
high school & AAU Coach, my dedication to coaching and commitment to the players is
the reason for my success.
Moreover, having worked in various Sports Management roles in a variety of different

environments I have a diverse background and can easily adapt to any situation. I have
the background to manage players, their grades, the ability to multi-task and handle
conflict resolution. It is a long term passion of mine to be in a position to do what I
absolutely love/helping other people and being around sporting events of alt levels. It is
this passion that allows me to offer you a true partner as you Assistant Basketball Coach.
A personal interview would allow me to demonstrate my talents. 1 look forward to

hearing from you so that we can schedule a meeting.
Sincerely,'
W. Keith Starks
Enclosure
William Keith Starks
1219 Beacon Street
Cincinnati, OK 45230
(513) 262-9589 cell
(513) 232-1118 home
^ Email: bearcats422002@pahoo.com
EDUCATION
UNIVERSITY OF CINCINNATI 1987-1992

Bachelor of Arts- College of Education
NCAA Basketball Scholarship Athlete
PROFESSIONAL EXPERIENCE
FIRST FINANCIAL BANK 2005 ~ 2007
FINANCIAL PLANNING SPECIALIST

Wealth Resources Group - Hamilton, Ohio
Partners with Trust Administrator teams in efforts to create a customized

constructive portfolio with the future goals of each client at the forefront
of every plan. Develops financial solutions concentrating in estate and
asset protection strategies, business owner planning, retirement planning,
and investment management.
PROVIDENT SECURITIES & INVESTMENTS 2004 ~ 2005
FINANCIAL ADVISOR
Private Wealth — Cincinnati, Ohio
Advising and handling all aspects of financial planning. Supervision and

coaching branch staff to provide financial freedom for retail investment clientele.
Overseeing 1.5 million dollars under management.
FINANCIAL NETWORK GROUP 2000 - 2004
DIRECTOR OF FINANCIAL PLANNING

Cincinnati, OH
Committed to the success of clients and strived to provide financial stability to

individual and institutional investors. Built book of 22 million dollars of assets
under management.
UC/MOBERLY 0015
CERTIFICATIONS
Series 7 license
Series 63 license
BASKETBALL PLAYING EXPERIENCE
University of Cincinnati 1987-1992

Boston Celtics 1993-1994
Kortrijk, Belgium 1994-199S
Quaregnon, Belgium 1995-1996
Milan, Italy 1996
Cambrai, France 1996-1997
Shanghai, China 1997-1998
AWARDS RECEIVED
PRESIDENT LEADERSHIP AWARD

MOST IMPROVED PLAYER
HUSTLE AWARD
MOST VALUABLE PLAYER
• TEAM CAPTAIN
VOLUNTEER WORK
PROJECT CONNECT
Director and Namesake of the Summer Basketball Camp for homeless Children.
MELROSE YMCA
Organized after school program and the D.A.R.E Program.
UC/MOBERLY 0016

5/19/09 Deposition Given by Brian Sullivan (Moberly v. UC Clermont Et Al)

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CIN-TEL CORPORATION

PH. 513-621-7723 FX. 513-621-6558

SOUTHERN DISTRICT OF OHIO

DEPOSITION OF: BRIAN SULLIVAN

Tuesday, May 19, 2009

WWW.CINTELCORPORATION.COM E-Mail CINTELCO0GMAIL.COM

UNITED STATES DISTRICT COURT

16 The deposition of BRIAN SULLIVAN,

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MARC D. MEZIBOV, ESQUIRE

On behalf of the Defendant:

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It is stipulated by and between counsel

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