Another lawsuit was filed against Macalester College on Thursday, the second in as many months. The suit, filed by ex-softball coach Joel Kaden, alleges that he was wrongfully terminated after he uncovered Title IX violations and illegal gambling among the college’s coaches.

"Mr. Kaden was illegally fired as a result of complaining about and/or assisting in the investigation of gender inequities in Macalester College’s athletics program and gambling activities within Macalester’s athletic department coaching staff," the complaint reads.

The suit alleges four separate counts of misconduct by Macalester, including violations of the Minnesota Human Rights Act, Title IX, Minnesota’s Whistleblower Act and the Minnesota law prohibiting breach of contract. Each one of the counts includes a request of no less than $50,000 for damages.

Kaden’s suit was brought to the Minneapolis law firm of Robins, Kaplan, Miller and Ciresi by the Washington, D.C. group Trial Lawyers for Public Justice (TLPJ). TLPJ, according to its Internet site, is "a national public interest law firm that marshals the skills and resources of trial lawyers to create a more just society." After TLPJ brought Kaden’s case to the law firm, head counsel Thomas Conlin attempted to settle the matter with Macalester before a suit was filed. "We attempted to settle," Conlin said, "but Macalester just thumbed their nose at it."

According to the suit, Kaden received positive performance reviews and pay raises for the majority of his tenure as head coach. Kaden’s performance reviews only became negative after he confronted then-Athletic Director Ken Andrews with violations of Title IX of the Education Amendments of 1972. Title IX prohibits gender discrimination in intercollegiate athletics, and Kaden alleged that the women’s softball team was comparatively disadvantaged with regard to the baseball team.

The complaint alleges that Kaden came to Ken Andrews in November of 1995 with Title IX violations, including a lack of comparable facilities and practice time for his softball team. These violations included a lack of an electronic scoreboard, dugouts and a regulation backstop. In April 1996, Andrews told Kaden that his position would be restructured, including the removal of Kaden from his position as head athletic trainer. He also lost office space, moving to a cubicle.

Furthermore, the suit alleges, Kaden’s performance reviews became increasingly critical after he consulted with the Office of Civil Rights on a claim of illegal intra-department gambling. Kaden met with Macalester’s attorney in October 1997 in order to discuss possible gambling violations; Kaden also met with both Macalester President Michael McPherson and Andrews in December 1997. As a result of the meeting, the suit claims, Kaden received another negative performance evaluation.

Conlin believes that Andrews attempted to intimidate Kaden into silence with demotions and poor performance reviews. "It’s plain to see," Conlin said. "They turned up the heat on him. There was no basis to argue with his performance."

Macalester attorney Phyllis Karasov, of St. Paul, says that the suit’s claims are inaccurate. In an interview with Macalester radio station WMCN, Karasov said, "I can tell you that the facts [of Kaden’s success on the field and his positive performance reviews] are not true.

"I am not at liberty to tell you the details of Joel Kaden’s personnel file, but it is not true that he received all positive performance reviews," Karasov said.

"He was terminated for unacceptable performance [both on- and off-field] for lawful and legitimate reasons."

Kaden was hired in August 1991 to turn around a softball team that, historically, had limited success. Under his leadership, the team went from 4-18 in 1991, the year before Kaden was hired, to 22-17 in 1997, Kaden’s last season as coach. Overall, Kaden amassed a 102-100 record as head coach in his six seasons, including a 70-43 record in his last three years as head coach.

The conclusion of the suit claims that "Macalester’s actions were intentional, willful, and wanton, in deliberate disregard of Mr. Kaden’s rights."

"The actions were intended to cause, and did directly cause, Mr. Kaden great damages, including severe humiliation and mental pain and anguish, damage to his professional reputation, loss of past and future income, lost earning capacity, and other damages and expenses," says the complaint.

According to Conlin, Kaden has not been able to find a job since he was fired over a year ago, even though he has been "spending all his time looking for a job."

Kaden was fired on January 20, 1998, in the middle of department-wide restructuring. Seven coaches were either fired or resigned, culminating in Andrews leaving last summer.

The trial proceeds now to discovery, wherein each side takes depositions and examines evidence for a court date, which has yet to be set.

Acting Director of Athletics Steve Hauser would not comment on the suit, saying only that "it is unfortunate that people are having to deal with these issues."