Bill Gibbons v. Holy Cross

An esteemed community member and basketball legend, former Women’s Basketball Coach William Gibbons is bringing a civil suit against Holy Cross for emotional distress and other damages. On January 31, 2019, Coach Gibbons was suspended for unclear reasons, and eventually terminated after an ambiguous process. Critically, Coach Gibbons was relieved from his position at a time when two faculty members at Holy Cross were accused of sexual misconduct, thereby creating a false impression that he was facing similar accusations. 

The Holy Cross community must stand against any effort to assault the dignity and well-being of another human being, whether along sexual, racial, gender, or religious lines. Mr. Gibbons’ good name must be cleared from the shroud of secrecy and misinformation that has implicated him in any act of discrimination and tarnished his reputation. Decades of HC women’s basketball players and alumni of Coach Gibbons’, such as Marcy McManus Vandale ‘87,  have come forward to defend his character, and to advocate for a reasonable settlement in his suit against the College. 

Judge Ricciardone of the Western Worcester District Court has already sided with Coach Gibbons’ lawyer, Stephen G. Abraham, on the intentional infliction of emotional distress claim, allowing that count to move forward. More counts remain to be determined, including breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment, personnel record statute violation, loss of consortium and defamation.

To understand the situation of Mr. Gibbons, one must first examine the record of facts leading from his suspension to his termination. The College began an investigation into Mr. Gibbons after a November 15, 2018 on-court disagreement between him and an assistant coach. Coach Gibbons made a substitution with which assistant coach Danielle Parks disagreed. After this, she “loudly and insubordinately remarked, ‘Wow, Wow, Wow, Wow, Wow’ (5 times), so loud that players, parents and others clearly heard,” according to the lawsuit. Gibbons, finding the assistant coach’s remarks undermined his authority, responded “Wow what? Don’t ever question my decision during a game in that way again, or you will not be working here.” Coach Gibbons addressed the incident at halftime with Ms. Parks and again with other assistant coaches the next day, emphasizing that the coaches must “remain unified in front of the team at all times.” He explained that he wanted their input on decisions, but that his as head coach was “the final one.” Then-Athletic Director Nathan Pine reviewed the game videotape and affirmed that Mr. Gibbons’ actions were “appropriate” and that he handled the situation “well.” Pine also stated that the insubordinate assistant, not Coach Gibbons, deserved to be suspended. 

Meanwhile, without the knowledge of Coach Gibbons, Ms. Parks had gone to the College’s human resources office on the morning of Nov. 16, 2018. She claimed that Mr. Gibbons’ statements to her constituted a “threat” rather than  “constructive criticism.” Over the course of further meetings with HR (Dec. 17, 2018 and Jan. 10, 2019), Ms. Parks would claim that Coach Gibbons had been ignoring the input of assistant coaches, and also displaying “racism” towards her and some minority players on the team. It goes without saying that any racist act towards an individual or group is unacceptable, and must be met with punishment. However, in his suit,  Mr. Gibbons describes these allegations as “fabricated stories” that were never corroborated by any players and that the claims were meant “to advance a hidden agenda of the assistant coaches.” It is unclear whether the assistant coaches acted with any agenda, or what the nature of these efforts might have been.

In mid-December of 2018, HR Director David Achenbach notified Coach Gibbons that a complaint had been made, and that an investigation would take place. Coach Gibbons received few details about the investigation, but stated that it was not necessary. Interim Athletic Director Brendan Sullivan responded that it was “just procedural” and nothing to worry about. During further meetings with HR, Coach Gibbons was assured that he would have an opportunity to review an investigative report. But according to Coach Gibbons’ suit, he never had an opportunity to review any report or to speak with Achenbach before a 60 day suspension was announced on Jan. 31, 2018. Coach Gibbons emphasizes that “This sequence of events was completely in violation of the appeal procedure” outlined in his employment agreement. 

In addition to never having been able to review an investigative report or speak to the HR Director, Coach Gibbons was never able to respond to any of the accusations put forth by Ms. Parks. Coach Gibbons’ suit alleges that “In bad faith, Holy Cross eschewed the word of a deeply loyal and exemplary thirty-eight year employee, for the fabricated allegations of the disloyal, manipulative assistants who were scheming to disparage Coach Gibbons for their own benefit.” It would seem logical to provide Coach Gibbons with the chance to address such serious accusations before making any decision about his employment at the College. According to the suit, Coach Gibbons was also unable to appeal the suspension to the College’s senior vice president — a right outlined in the Coach’s contract. 

Coach Gibbons’ lawyer, Stephen G. Abraham, argues that because this confusing process took place during a string of sexual assault allegations on campus, the College “intentionally and recklessly created a false impression to the public that Coach Gibbons had been found guilty of inappropriate sexual behavior or improper behavior toward a student.” A reasonable onlooker in the situation may have inferred that this was the case, and that Coach Gibbons was being investigated for similar charges. This incorrect public speculation may have been prevented if the College had issued a public statement explicitly stating the reasons for the suspension, or at a bare minimum stating that the suspension was separate and unrelated to the other investigations taking place. 

Coach Gibbons is fighting to overcome the negative image in which he has been shrouded. One can only imagine the negative impact that a litany of false rumours would have on someone. As outlined in the suit, “This false impression has irreparably damaged Coach Gibbons’ sterling personal reputation and has caused him to sustain emotional, mental and physical damages, for which he has required medical care.” Following the 60-day suspension period, the College announced in March of 2019 that Coach Gibbons would not be returning to his position. On April 2, 2019, Coach Gibbons and his wife went to the College to collect his personal belongings. During this time, there were arguments and disagreements between Coach Gibbons and the administrative staff. According to the suit, “there ensued, once again, miscommunication between Achenbach and Sullivan” and “further false allegations from Parks and McInerney about Coach Gibbons” that resulted in “a second unfair, inappropriate and unjustified ‘no trespass’ order.” The suit also alleges that Coach Gibbons’ ability to gain future employment has been “severely damaged” by the College’s actions, as he has not received any phone calls about coaching vacancies elsewhere. 

It is always necessary to explore all sides of a story, especially one as charged and difficult as the case between Coach Gibbons and Holy Cross. The Holy Cross community must seek justice in all actions and gestures, including in listening to the words of a man who has demonstrated a superb character and loyalty to the College for thirty-eight years. There is strong evidence that the College breached Mr. Gibbons’ contract, and more importantly, denied him an opportunity to defend himself and his name. Any individual under this amount of scrutiny would have a very difficult time, and it is disheartening to see a beloved Holy Cross coach facing this difficult situation. It is in the hope of truth and justice that the College and court determine a reasonable avenue of remediation for Coach Gibbons and his family.