Female kicker wins discrimination court case
By Paul Nowell
The Associated Press
GREENSBORO, N.C. — A jury
awarded a female place-kicker $2
million in punitive damages Thurs
day, ruling Duke University cut her
from the team solely because of her
gender.
Jurors deliberated just over two
hours before deciding the school
discriminated against Heather Mer
cer, who graduated in 1998. They
met briefly after arguments on dam
ages to rule Duke must pay a $1
compensatory penalty and the larg
er amount as punishment.
“I feel great.... I consider it a com
plete victory. Any monetary award
is completely icing on the cake,”
Mercer said. “I wanted to be told
what they did was wrong, and it
was.”
Lawyer Burton Craig said Mercer,
who now works for Charles Schwab
& Co. in New York, will use the
award to finance a scholarship for
female place-kickers. Her own foot
ball career is over, he said, but she
will continue with fencing.
The university claimed Mercer,
now 24, wasn’t talented enough to
play for a Division I football team.
The jurors ruled sex was the moti
vating factor in the way she was
treated and that Duke officials, in
formed of her complaints, failed to
act.
Duke lawyer John Simpson said
no decision has been made on
whether to appeal the federal jury’s
ruling.
“We’re disappointed by it. Like
they say in football, I left everything
on the field,” he said.
During deliberations, jurors
asked to see videotapes of Mercer
and other kickers practicing. They
also reviewed the transcript of a
conversation between Mercer and
assistant football coach Fred
Chatham that Mercer taped secret
ly
They also sought from Judge
James Beaty a definition of the
phrase “deliberate indifference,”
meaning whether Duke officials
knew Mercer was having problems
and did nothing to correct them.
To award compensatory dam
ages, jurors had to find Mercer suf
fered actual financial losses be
cause of Duke’s actions. For
punitive damages, they had to find
Duke acted with malice and reck
less indifference.
In closing arguments Thursday,
Mercer’s lawyers said she wanted to
be treated like any other member of
the football team. That’s exactly
what happened, the attorney for
Duke said.
’’(Coach) Fred Goldsmith chose
not to see Heather Sue Mercer as a
football player,” said Melinda
Lawrence, an attorney for Mercer.
‘‘He chose not to see her skills. He
chose only to see her as a woman. ”
Simpson said the case was not
about discrimination but about a
young woman naive to the cold re
ality of Division I football, and pe
nalized Goldsmith for being a nice
guy and trying to help Mercer.
He pointed out that male kickers
who were not members of a scout
team — which played against the
first-string team in practice — also
All new college pricing:
Season pass: $475*
Daily lift ticket: $32
‘Offer ends Oct. 31. Some restrictions apply.
were cut, and reminded jurors that
six other kickers on the team at the
time testified Mercer lacked the
necessary skills.
Mercer testified Wednesday she
was able to kick 48-yard field goals,
although she was more comfortable
from 43 yards.
Her former coach and most of her
fellow kickers disagreed, saying she
just wasn’t good enough to kick
against teams like Florida State and
Clemson.
Mercer never suited up for a
Duke game. In September 1999,
Colorado walk-on kicker Katie Hni
da became the first woman to dress
for a Division I-A football game, but
didn’t play in the game against
Kansas.
Donna Lopiano, executive direc
tor of the Women’s Sports Founda
tion, said the ruling will make
schools take female athletes seri
ously when they try out for male
teams, “and that’s only right.”
“This court decision is consistent
with federal court decisions in that
girls need to be allowed to play on
boys’ teams, especially when there
is not a team for the girls,” she said.
Emerald
Thomas Schneiter (left) became the second player from the 1998 recruiting class to
leave the team. Bertrand Devillers (right) was the first to do so.
Tennis
continued from page 7 A
This year’s losses leave the Duck
men one player shy of a complete
lineup. Sophomore Oded Teig has
emerged as Oregon’s go-to player
and leader on the court.
Other than Teig, however, the
Ducks are young and unproven.
Senior David Becker is the only up
perclassman left on the team.
Sophomore Jason Menke has also
had significant varsity playing
time.
The absences still put pressure
upon freshman recruits Buck Mink
and Chris King. Both performed
well in Fresno and will be asked to
step up their level of play this sea
son.
Russell said that he expects three
more players to join the team by
the beginning of Pac-10 play in Jan
uary.
Women's tennis kicks off season
The Oregon women’s tennis team begins the 2000-01 campaign this weekend at
the San Diego State Fall Classic.
The three other teams that will be on hand for the competitive event are host
San Diego State, UC Santa Barbara and the University of San Diego.
San Diego State finished the 2000 dual season with a No. 27 ranking, while the
Ducks and USD followed at No. 55 and No. 75, respectively.
Four singles and two doubles flights will begin at 9 a.m. at the Cox Arena courts
on the San Diego State campus.
San Diego’s Katarina Valkyova headlines the tournament entrants. The native of
Brastislava, Slovakia, is ranked No. 38 in the ITA preseason polls. UCSB’s Uzma
Khan is ranked No. 61.
Sophomore Monika Geiczys leads the Oregon contingent. Also expected to com
pete are juniors Janice Nyiand, Adeline Amaud and Valerie Young.
The Ducks will face the Aztecs and San Diego again later in the season.
Crosscountry
continued from page 7 A
have significant experience as well.
“Last year we took four fresh
men,” Heinonen said. “Now we
have five of seven girls who have
NCAA experience and only one
freshman.”
A trio of seniors lead the
women’s team: transfer Hanna
Smedstad, Katie Crabb and Rhian
non Glenn.
The Ducks also have a strong
sophomore class in Eri MacDonald,
Erinn Gulbrandsen and transfer
Carrie Zografos. Freshman Laura
Harmon is also entered in the meet.
On the men’s side, senior
Michael Kasahun and sophomore
Jason Hartmann lead the pack.
They are followed by veterans
Adam Bergquist, Sam Hill and Lin
coln Nehring.
Competing for the final varsity
spots in Ames are freshmen Chris
Clancy, Aaron Emery, Bret Holts,
John Lucas and Noel Paulson.
The men’s Division 1 10,000-me
ter race begins at 8:30 a.m., fol
lowed immediately by the
women’s 6,000-meter race.