Case details

Football coach claimed he was fired for reporting sexual hazing

SUMMARY

$4000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In December 2012, plaintiff Christopher Cerbone, a physical education teacher and head football coach at St. Patrick-St. Vincent High School, learned that, prior to the start of football practice, varsity football players were engaging in sexual abuse/hazing of younger players on the football field. Cerbone subsequently reported the abuse to Child Protective Services and the school’s principal. However, after reporting the abuse, the Roman Catholic Diocese of Sacramento, which the high school was part of, terminated Cerbone’s employment on Jan. 25, 2013. The diocese then stated to the media that Cerbone was fired because he had ultimate responsibility for the supervision of the football players at the time the sexual misconduct occurred, which Cerbone disputed. Cerbone sued the corporation sole that owned and operated St. Patrick-St. Vincent High School, the Roman Catholic Bishop of Sacramento. Cerbone alleged that the actions of the Roman Catholic Bishop of Sacramento constituted retaliation, wrongful termination, and defamation. Cerbone contended that the students were abused because the school lacked policies regarding the supervision of students after school ended and before the start of after-school activities, which the Dean of Students was responsible for. He also contended that he was unlawfully terminated in retaliation for reporting the sexual abuse/hazing. In addition, Cerbone contended that the diocese made statements to the media about him that were false and damaged his reputation. Defense counsel contended that the Roman Catholic Bishop of Sacramento lawfully terminated Cerbone for good cause because, as head coach of the football team, Cerbone had ultimate responsibility for the football players at the time the sexual misconduct occurred. Counsel further contended that the statements made to the media were truthful and, thus, not defamatory., Cerbone was initially hired as a physical education teacher and head football coach at St. Patrick-St. Vincent High School in August 2012. However, he was terminated form his position on Jan. 25, 2013. He claimed the press release identifying him as being responsible for the supervision of the students during the hazing was destructive to his career. Cerbone claimed that as a result, he has been unable to find a head coaching job since his termination. He now works as an assistant principal in a King City school. Cerbone sought recovery of damages for his emotional distress and damage to his reputation. He alleged that the Roman Catholic Bishop of Sacramento acted with malice, oppression or fraud and that the Diocese attempted to cover up the hazing. Thus, plaintiff’s counsel argued that Cerbone was entitled to punitive damages at a multiple of five, totaling approximately $4.5 million. Counsel noted that the defendant, with $129 million in total assets, could afford the damages. Defense counsel argued for a lower punitive damages award for Cerbone.
COURT
Superior Court of Sacramento County, Sacramento, CA

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