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Filing # 27932581

E-Filed 06/01/2015 03:36:36 PM

IN THE CIRCUIT COURT OF THE


NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA

PAUL E. FERRARO,

Plaintiff,
CASE NO.: 2014-CA-010117-0

v.

UCF ATHLETICS

ASSOCIATION, INC.,

Defendant.
/
SECOND AMENDED COMPLAINT FOR
DAMAGES WITH REQUEST FOR
EQUITABLE RELIEF AND DEMAND FOR JURY TRIAL

COMES NOW the

and

hereby

and

alleges as

sues

Plaintiff,

Defendant, the

PAUL E. FERRARO

UCF ATHLETICS

("Plaintiff'

or

"FERRARO"),

ASSOCIATION, INC., ("UCFAA"),

follows:
INTRODUCTION

1.

This is

under the Florida Civil


excess

claim for breach of express contract,

Rights

Act of

and unlawful retaliation

1992, in which Plaintiff is seeking damages in

of $15,000.00 for each count, exclusive of interest,

attorneys'

fees and costs.

PARTIES
2.

located within
3.

Defendant UCFAA is

private, not-for-profit corporation

with its office

Orange County, Florida.


Defendant UCFAA operates the athletics program at the

Central Florida

("UCF"),

public university

State of Florida, also with its

principal

within the State

offices and

County, Florida.

University

University System

primary campus

located within

of

of the

Orange

4.
a

UCF

was

and is

an

"agency" within the

agency," pursuant to 216.011(1)(qq), Florida

"state

5.

At all times material

hereto,

At all times material

hereto,

definitions of Florida Statutes and


Statutes.

FERRARO

was a

resident of the State of

Florida.
6.

FERRARO

was an

employee

of Defendant

UCFAA.
JURISDICTION
7.

The instant suit includes claims for

and this Court therefore has

original,

damages

exclusive

each in

excess

jurisdiction pursuant

of $15,000.00,
to

26.012(2),

Florida Statutes.
8.

This Court is vested with

wages, benefits and other


court

jurisdiction

to order

compensation

for lost

remuneration, injunctive relief, reinstatement, attorneys' fees,

costs, expenses, prejudgment and post-judgment interest, and may permit

jury

trial.
VENUE
9.

maintains its
10.

Venue is proper pursuant to

47.051, Florida

Statutes because Defendant

primary offices and conducts business within Orange County, Florida.


In

addition, the

acts and omissions that

Orlando, Orange County, Florida.


before this Court, pursuant to

give

rise to this action occurred in

Venue is therefore also proper in this Circuit and

47.011, Florida

Statutes.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS


11.

FERRARO

was

initially

December 26, 2013, pursuant to

hired

by

Defendant UCFAA

written contract with UCFAA

on

or

about

("Employment

Agreement").
12.

A copy of the

FERRARO

Employment Agreement is

the

("O'Leary"), following

hired

was

attached

Exhibit "A".

head football coach

by UCFAA's

of Defensive

resignation

as

George O'Leary

Coordinator

Jim

Fleming

("Fleming").
FERRARO has

13.
many years

(Georgia

as a

defensive

Institute of

than 30 years of

more

coaching experience, including

coordinator, and previously coached

Technology ("Georgia Tech")

and

at two other universities

Syracuse University)

under

O'Leary's supervision.
When

14.

complicated

hiring FERRARO, O'Leary told FERRARO

the defensive schemes

by "doing

that

Fleming had over-

much," and that he

too

was

seeking

to

simplify the UCF defense.


15.

When hired

"Defensive Coordinator"

by O'Leary,

16.

during

was

hired

by O'Leary,

the Fiesta Bowl

upon his

FERRARO

complied

with

he

practices,

overhaul the UCF football team's defensive scheme


17.

instructed to

delay

his official

played

in the

early January 2014.

When FERRARO

"be seen, but not heard"

was

duties until after the UCF football team

coaching

Fiesta Bowl football game in

FERRARO

was

as

also told

O'Leary

by O'Leary to

did not wish to

prior to the Fiesta Bowl.

O'Leary's pre-Fiesta

hire, attended but merely observed the

Bowl instructions

and,

UCF football team's Fiesta bowl

practices.
18.
as

O'Leary

elevated

young assistant

coach, Tyson

Summers

("Summers"),

Interim Defensive Coordinator for the Fiesta Bowl.


19.

Summers

performed

well

as

Interim Defensive

Coordinator, both prior to

and

during UCF's victory in the 2014


20.

Under Summers'

Fiesta Bowl.
UCF's defense held

direction,

offense well below its statistical per game averages for


UCF win its first and
21.

only Bowl Championship


the Fiesta

Following

Series

("BCS")

FERRARO

Bowl,

Defensive Coordinator in earnest. Such duties included

performing player evaluations, reviewing

yards

game

and

Baylor University's
points,

which

helped

bowl.

commenced his

duties

as

attending staff and unit meetings,

film, and implementing plans for spring

practice.
22.

After Summers'

performance

in the Fiesta Bowl

as

Interim Defensive

Coordinator, O'Leary's behavior towards FERRARO changed.


23.

managed the defense


24.

after UCF's

Specifically,

victory

and instructed FERRARO to install

O'Leary's

instructions to FERRARO to

scheme post the Fiesta Bowl countermanded his


25.

in the Fiesta
a

Bowl, O'Leary micro-

complex defensive scheme.

implement

complex

defensive

pre-Fiesta Bowl instructions.

Following the Fiesta Bowl, O'Leary engaged in frequent and unwarranted

criticism of FERRARO's work

as

long-time

football

coach, including, by

way of

example,
(a).

after

previously instructing

after the Fiesta Bowl

(b).

about

an

February 12,

FERRARO when

"simplify

the

defense,"

asking FERRARO to install a complex defense;

by giving conflicting

certain drills for

FERRARO to

off

season

directives and messages, such

workout in UCF's indoor

2014 and

then,

few hours

approving

practice facility

on or

later, verbally berating

O'Leary witnessed FERRARO leading the

as

very

same

approved

drills;
in

(c).

FERRARO before

meeting

after

early February 2014,

because

defensive

O'Leary

student-athlete

staff meeting, he

coaching

ceased the

meeting. By

the time

had arrived and berated and

meeting, O'Leary

profanities

requested to speak to

(FERRARO)

had not yet arrived for the

FERRARO re-convened the

belittled FERRARO with

in the presence of subordinate coaches and

staff;

(d).

FERRARO in defensive staff coach

by quizzing

different scenarios in the presence of subordinate coaches and

embarrassing

berating

or

FERRARO

depending

meetings
in

staff,

upon his

on

of

hopes

answers

the

to

scenarios; and

(e).

in

general, by micro-managing

had led FERRARO to be the


26.

O'Leary's

honor FERRARO's

defense, contrary

to what he

case.

words and conduct

appeared

to indicate

an

intention to not

Employment Agreement (an anticipatory breach); and, instead,

FERRARO with Summers after Summers'

replace

the

coaching performance

to

in the Fiesta

Bowl.
27.

O'Leary

also created

bullying, threatening behavior,


conduct

was

different from

worked under him at


28.

and

work environment that

repeated discriminatory

permeated

with

by O'Leary.

This

was

remarks

O'Leary's conduct towards FERRARO when FERRARO had

Georgia Tech and Syracuse.

Some of the

discriminatory

presence and concerned his Italian

remarks

were

uttered about FERRARO in his

heritage. Specifically, O'Leary

called FERRARO

"Guinea."
29.

O'Leary

also made

persons of Jewish descent.

discriminatory

Specifically,

when

discussing with O'Leary the possible hire

of an African-American coach if Summers left for

(as

was

rumored at the

American coach

on

American

coach],

NFL]

big

one

time),

remarks about African-Americans and

position at the University of Georgia

the conversation turned to UCF not

the defensive staff.

O'Leary stated,

"if we

hire one," but lamented that "all those

having

find

can

coons are

one

an

African

[an African-

in the NFL. It's

[the

'Ru-Ru' tribe."

While in

30.

FERRARO that he had

O'Leary's

spoken

with

office the
a

former

following week, O'Leary

assistant, who is

now a

head coach in the

NFL, and that he (O'Leary) had advised his former assistant that, while
NFL combine in

that their gums

Indianapolis,

are

to "check the

blue, because they

are

at the

[African-American] players

bigger,

stated to

upcoming

to make

faster and stronger than

sure

[African-

American] players with red gums."


31.

FERRARO

remarks. As

result,

on

eventually

enough

February 25, 2014,

Graduate Assistant Andrew

O'Leary's

had

Dodge,

actions. FERRARO

sent

copied his

FERRARO wrote

an

After FERRARO sent his e-mail to

Suites, the hotel where


UCF and

O'Leary objecting

fellow assistant coaches


as

FERRARO had been

discriminatory

and, with the assistance of

e-mail message to

of the e-mail sent by FERRARO is attached hereto


32.

of the offensive and

on

to

the e-mail. A copy

Exhibit "B".

O'Leary,

residing

since

he returned to Homewood

commencing

his duties for

UCFAA, pending the acquisition of a permanent residence.

33.

Because

spring practice

was

not set to

commence

for

approximately

two

(2)

weeks and

that his

no

concerns

defensive staff

meetings

received from anyone within UCF

day, February 25, 2014,

or

the UCFAA

Director for Human Resources, Brian Reed


As Assistant Athletic

35.

scheduled that

During

their brief

hostile work environment to Reed


When FERRARO

37.

intentions and if he
was

not

FERRARO

hoped

was

by

only

call FERRARO

UCF's Associate Athletic

Director, Reed reports directly

call,
as

was

the

("Reed"), shortly after 5:00 pm.

President and UCFAA's Director of Athletics, Todd


36.

day,

would be addressed prior to the start of spring practice.

While at his hotel that

34.

were

to UCF's Vice

Stansbury ("Stansbury").

FERRARO confirmed the

discriminatory

and

referenced in FERRARO's e-mail.

by

Reed what

tendering his resignation,

FERRARO

was

asked

his

were

(FERRARO's)

expressly told Reed that he

resigning, but simply reported the conduct in hopes that it would be addressed.

38.

Upon

information and

belief, Reed reported

FERRARO's

compliant

to

Stansbury.
39.
FERRARO

Upon
was

during

would be done
on

belief, Reed advised Stansbury that

resigning.

Based upon his conversation with Reed not

40.
FERRARO

not

further information and

their brief

immediately to

February 26, 2014,

telephone
address the

conversation

on

providing

February

any

assurance

25th that

to

anything

situation, Reed called FERRARO again, early

and stated that he

(Reed)

needed to

bring something

to

FERRARO.
41.

Reed

on

The two met in the

lobby of FERRARO's

the afternoon of February 26, 2014

(the

hotel.

very next

day

During the meeting with


after

sending

his

e-mail),

FERRARO

was

placed

March 11, 2014,


from

on

notice of his

alleged resignation,

with the effective date

A copy of the Termination Letter

by Stansbury ("Termination Letter").

Stansbury is attached as Exhibit "C".


Reed hand delivered to FERRARO the Termination Letter from

42.
at the hotel

During their meeting, Reed stated,


concerned.

Stansbury

Stansbury

meeting.

43.

Opportunity Director]

Maria Beckman

said words to the

or

"You've got

effect,

("Beckman") [UCF's Equal Employment

is involved. You should make them

Because he had heard from

44.

no

offer to settle."

an

except Reed,

one

on

the

26th FERRARO called Defensive Line Coach Lorenzo Costantini to

what

happening within the

was

but also

relayed

that Assistant Head Coach Brent

claimed that FERRARO "stabbed

to visit his

me

[O'Leary]

hopefully work together again,

Key

had stated that

had

O'Leary

in the back."

FERRARO made airline reservations

46.

assess

staff following FERRARO' s e-mail.

Costantini confirmed their mutual desire to

45.

of

evening

February

February 26th

on

to return to Maine

girlfriend, whose mother was hospitalized at the time.

47.

believing there
since

being

FERRARO flew to Maine

early

the

on

morning

of

February

to be sufficient time for UCF and/or the UCFAA to address his

27th

complaint

spring practice did not begin until March 12, 2014,


48.

"leaving

However, in his letter, Stansbury concluded that that FERRARO

the Orlando

area

permanently... [and] ha[d]

no

intent to return to

was

[his] post

as

Defensive Coordinator...".
49.

Stansbury's

conclusion that FERRARO

resigned

was

reached

despite

the

fact that FERRARO

tendered

never

resignation verbally

to anyone

in

or

writing,

as

required by the Employment Agreement.


50.
FERRARO

Nowhere within FERRARO's e-mail to

expressly

indicate that he

Defensive Coordinator for personal


51.

Stansbury

was

Agreement

with FERRARO.

FERRARO

was

52.

O'Leary of February 25,

resigning, quit,

was

left his

or

2014 did

position

as

reasons.

the authorized

Stansbury

was

of UCFAA

signatory
thus well

aware

on

the

Employment

that "written notice" from

required to effectuate his alleged resignation.

Stansbury's

Termination Letter to FERRARO

dated

was

February 26,

2014, just one day following FERRARO' s e-mail to of February 25, 2014 to O'Leary.
53.

Stansbury

had

Stansbury

referenced FERRARO's

knowledge

of FERRARO's

February 25,

2014 e-mail to

O'Leary.
54.

February 25,

2014 e-mail to

O'Leary

in the Termination Letter.


55.

Stansbury never spoke directly to

FERRARO' s e-mail
56.

After

on

FERRARO

following the

submission of

February 25, 2014 to O'Leary.

sending

the

later contacted and interviewed

February 25,

by telephone

2014 e-mail to

on

February 28,

O'Leary,
2014

FERRARO

by Beckman,

was

UCF's

Equal Employment Opportunity Director.


57.

Beckman had

58.

FERRARO

knowledge

again

of FERRARO's

Agreement with UCFAA.

reiterated to Beckman some, but not all of

O'Leary's

discriminatory, bullying and threatening comments.


59.

Beckman asked FERRARO if there

were

any video

or

audio

recordings

to

substantiate his claims.


FERRARO conceded that he did not record any of O'Leary's remarks

60.

that
a

was

not his

profanity

custom, but that he believed

laced tirade

had occurred in

by O'Leary

of the Graduate Assistants had recorded

towards the Graduate Assistants

as a

group, which

approximately mid-February.

Graduate Assistant Paul

61.

one

as

had advised FERRARO of O'Leary's

Carrington

conduct towards the Graduate Assistants and stated to FERRARO that he believed

one

of

the Graduate Assistants had recorded the incident.


62.

FERRARO

March 11, 2014, which


The

63.

signed

was

Report

prepared

summary of the

telephone

drafted by Beckman, entitled "Interview

was

interview

on

Report" ("Report").

mailed to FERRARO in Maine for his review

prior

to

executing it and returning it by mail.

and

64.

The

Report did not include all facts

65.

Additionally,

discriminatory

summarized
66.

some

By

tribe" and "blue


67.
FERRARO

FERRARO

remarks uttered

of his

discussed with Beckman.

admittedly

by O'Leary

did not disclose all of the offensive


to Beckman.

Instead, he merely

concerns.

way of

example,

FERRARO omitted

discussing

the "coon," "Ru-Ru

gum" comments made by O'Leary.

Nowhere within the

Report prepared by

Beckham does it state that

expressly resigned.
"resign" or "quit" are not found in the Report.

68.

The words

69.

Moreover, the phrase "leave for personal reasons" is also

Report.

10

not within the

70.

fired but,

It

instead,

resolve his

have

O'Leary

FERRARO wanted to

amicably

disruption

or

merely have his work environment improve.


was

advised of his

termination,

dispute with UCFAA and negotiate a fair resolution.

72.

12th,

free from

to

not FERRARO's intention to create

After he

71.

March

was

Although

he did return to Maine

prior

to the start of

spring practice

FERRARO made it clear that he wanted to return to work in

O'Leary's bullish and discriminatory behavior,

an

on

environment

and that he did not and was not

resigning.
73.

would

It

was

FERRARO's

understanding

that Defendant UCFAA and/or UCF

investigate and take action to improve his work environment.


74.

changes

As

further illustration of his

hope

that the

in the work environment and FERRARO

FERRARO left his

to his

coaching position,

Beckman said that it "would

Report

secured

they still remain at the present time.

At the conclusion of the interview with

Beckman about the next steps in the

whether the

returning

would result in

personal effects in Orlando in the same storage facility that he

after he commenced the job, and where


75.

investigation

Beckman,

FERRARO asked

investigation and how long it would take, whereupon

likely take

30 to 60

went to the President

days"

and that she "would then decide

[of UCF]

or

to the Athletic Director

[Stansbury]."
76.

FERRARO then asked Beckman to have

77.

Stansbury left FERRARO

March 1, 2014. FERRARO

attempted

unsuccessful and had to leave

Stansbury contact him.

voice mail message later that

to reach him

voicemail message.

11

shortly thereafter,

day or the next,

but likewise

was

78.

Stansbury never attempted

him at all about the

for

him

response. After several weeks

and

never

spoke

to

FERRARO waited for

Beckman,

passed,

he

attempted

to reach Reed in

period

of time

April

and left

voice message.
When Reed returned his

80.

call,

FERRARO

situation; however, Reed did not provide any details


81.

During

his last conversation with

that he had not and would not be


The

82.

days

after

receipt

(Emphasis added).

inquired

or

any update.

Reed,

FERRARO

of the status of the

once

again confirmed

resigning.
may terminate

Employment Agreement expressly states, "Employee

this agreement without


14

again

allegations in his (FERRARO's) e-mail or the Termination Letter.

After the interview with

79.

to reach FERRARO

cause

upon written notice to the Director of Athletics effective

of said notice

FERRARO

(Athletic
tendered

never

Director may waive 14


a

written

resignation

as

day notice)."

required by

his

Employment Agreement.
83.

O'Leary as
84.

UCFAA

and UCF treated FERRARO's

if FERRARO had
FERRARO

February 25,

2014 e-mail to

resigned.

was

not

terminated pursuant to

Paragraph 3(A)

of the

was

not

terminated pursuant to

Paragraph 3(B)

of the

was

not

terminated pursuant to

Paragraph 3(C)

of the

was

not

terminated pursuant to

Paragraph 3(D)

of the

Employment Agreement.
85.

FERRARO

Employment Agreement.
86.

FERRARO

Employment Agreement.
87.

FERRARO

12

Employment Agreement.
88.

FERRARO

was

not

terminated pursuant to

Paragraph 3(E)

of the

was

not

terminated pursuant to

Paragraph 3(F)

of the

was

not

terminated pursuant to

Paragraph 3(G)

of the

Employment Agreement.
89.

FERRARO

Employment Agreement.
90.

FERRARO

Employment Agreement.
91.

FERRARO did not

92.

FERRARO

93.

Following

Summers

as

pretext

separation

from UCFAA, FERRARO

cause.

was

replaced by

Defensive Coordinator.

94.
a

terminated by Defendant UCFAA without

was

his

resign from his position with UCFAA.

FERRARO's

to breach the

separation,

in the form of an

Employment Agreement

position of Defensive Coordinator,

so

alleged resignation,

was

merely

that Summers could be elevated to the

and out of retaliation

against FERRARO

for

reporting

discrimination.
95.

been told

From

nothing

investigation

April
more

into his

within UCFAA

or

2014 to the time of

filing

about the status

outcome of UCFAA's and/or UCF's

complaints,

nor

or

this

heard further from

Complaint,

FERRARO has

Reed, Beckman,

or

anyone

UCF.
COUNT I

BREACH OF EXPRESS CONTRACT BY UCFAA

96.

This is

breach of the parties'

a cause

of action

by

Plaintiff FERRARO

Employment Agreement by UCFAA.

13

seeking damages

for

97.

through 95,

FERRARO repeats,
if set forth

as

more

Defendant

98.

adopts,

and

of paragraphs 1

re-alleges

the

into

Employment Agreement

allegations

fully herein.
entered

UCFAA

the

with

FERRARO attached as Exhibit "A".

Under such

99.

Employment Agreement,

FERRARO

to

was

be

provided

compensation for coaching services for two years.


100.

FERRARO

provided

and

was

ready, willing

and able to continue to

provide

coaching services for UCFAA under the Employment Agreement.


Defendant UCFAA

101.

caused the termination of the

(through Stansbury),

Employment Agreement without notice and based upon false reasons.


UCFAA did not terminate FERRARO "with cause"

102.

defined in the

as

such term is

Employment Agreement.

103.

Because FERRARO

Employment Agreement,
Employment Agreement,
104.

To

owed under the

date,

was

not terminated "with cause"

he is owed the balance of the


less any interim

as

compensation

defined in the

owed under the

earnings.

UCFAA has failed to pay FERRARO any additional amounts

Employment Agreement

since the effective date of his

separation

of

employment with UCFAA.


Defendant's refusal to honor the terms of the

105.

caused FERRARO to incur


106.

As

retained the

legal

Employment Agreement has

damages.

result of the Defendant's conduct

services of the law firm Wilson

alleged herein.

14

alleged herein,

McCoy,

P.A. to

FERRARO has

litigate

the claims

DEMAND FOR RELIEF

WHEREFORE,

FERRARO demands judgment

found to be due and

(a).

All

(b).

Prejudgment interest;

sums

against UCFAA for:

owing under

the

Employment

Agreement;

(c).

and

Such other relief as this Court deems just and

equitable.

COUNT II
UNLAWFUL RETALIATION BY UCFAA UNDER THE FCRA
107.

This is

cause

of action

by

Plaintiff FERRARO

against

UCFAA for intentional unlawful retaliation based upon FERRARO

objecting to,

and

reporting discrimination, brought pursuant

Florida Statutes, the Florida Civil


108.

Plaintiff re-alleges

to

Defendant

complaining of,

760.01

760.11,

Rights Act ("FCRA")


1

paragraphs

through

95

as

though fully

set forth and

incorporated herein.
109.
an

The FCRA

prohibits employers

from

discriminating and/or retaliating against

employee for participating in a protected activity.


110.

and

FERRARO

participated in protected activity by complaining of, objecting to,

reporting discrimination,

in

writing,

by

virtue of his e-mail of

of the racial slurs

by O'Leary to not only

to Defendant UCFAA

February 25, 2014. (Exhibit "B" hereto).


111.

O'Leary,

FERRARO

reported

his

opposition

but also to Reed.

112.

Stansbury

and Beckman

were

58 herein.

15

also

informed,

as

noted in

paragraphs

38 and

113.

O'Leary

Stansbury acknowledged

in the Termination Letter he issued to

114.

and

FERRARO's e-mailed

Accordingly,

objections

racial slurs to

to

Stansbury. (Exhibit "C" hereto).

Defendant UCFAA

of FERRARO's

was aware

complaint

of

opposition to the discriminatory conduct.


As set forth in

115.

FERRARO suffered
2014

February 26,

an

paragraphs

adverse

41 and

94,

as

well

the Termination Letter,

as

terminated

personnel action, by being involuntarily

effective March 11, 2014, in the form of

by Stansbury,

an

on

alleged

resignation.
116.

On

July 1, 2014,

FERRARO

("Charge") asserting

retaliation for

Title VII of the Civil

Rights Act

reporting

filed

timely
and

opposing discrimination,

of 1964, 42 U.S.C.

2000e,

1981a (collectively "Title VII"):

as

Act of

1991,

Act of

1992, ("FCRA"), 760.01-760.11, Florida Statutes.

42 U.S.C.

as

amended

well

Because the FCHR failed to reach

Plaintiff's
the

Charge

Charge

760.11(8)

is

within

one

hundred

as

by the Civil Rights

the Florida Civil

as

Charge,

cover

thereby statutorily cloaked with a presumptive finding


proceed

to the merits of

as

since the date of

of the FCHR, and Plaintiff is authorized to

Rights

composite Exhibit "D."

determination

eighty (180) days

in violation of

A copy of the

letter to the EEOC, and facsimile confirmation is attached hereto


117.

of Discrimination

Charge

filing the Charge,

of "cause," pursuant to
with the instant

claim,

pursuant to 760.11(4) (a), Florida Statutes.


118.

Plaintiff's

all administrative

Charge is now judicially "ripe," and Plaintiff has

prerequisites

and all conditions

pursuant to the FCRA.

16

precedent prior to

the

satisfied any and

filing

of this

action,

There is

119.

causal link between FERRARO' s

complaint of, opposition

to and

report of the discrimination, and his immediate involuntary termination the following day, in
the form of an
120.

alleged resignation.
No

legitimate

business

reasons

existed under UCFAA's

policies

and/or

procedures to justify FERARO' s termination.


121.

FERRARO' s

purported "resignation"

was

merely

pretext for unlawful

retaliation under the FCRA.

UCFAA, through its authorized agents and employees, including but

122.

limited to

in the

Stansbury, engaged

FERRARO with full

knowledge,

retaliatory

but in willful

conduct of

disregard,

not

involuntarily terminating

of his civil

rights,

in violation of

the FCRA.
123.

As

malicious acts

direct and

through

proximate

its agents,

suffered humiliation and actual

result of UCFAA's

including

but not limited to

wrongful, intentional,
Stansbury,

and

FERRARO has

damages.

WHEREFORE, FERRARO demands judgment against UCFAA for:


for lost wages, benefits and any other

(a).

damages

applicable

(b).

compensatory damages for emotional anguish, pain and suffering

remuneration;

as

permitted by law;

prevails,

as

(c).

prejudgment interest;

(d).

front pay in lieu of reinstatement;

(e).

Plaintiff's

attorneys'

fees and costs of this

permitted pursuant to 760.11(5), Florida Statutes;

17

action,

if Plaintiff

(f).

injunctive

relief

consisting

of

an

Order

retaliatory action as provided under 760.11(5), Florida Statutes;


(g).

prohibiting

further

and

any other such relief as this Court deems just and proper.

RESERVATION OF RIGHTS

Plaintiff

reserves

the

right

to amend this

Complaint

to seek

punitive damages

against UCFAA in accordance with the requirements of 768.72, Florida

Statutes.

DEMAND FOR JURY TRIAL

Plaintiff FERRARO
of right before

DATED this 1st

jury,

as

hereby respectfully demands

trial

by jury on all issues

triable

permitted.

day of June,

2015.

Respectfully submitted,
s/ Gary D. Wilson
Gary D. Wilson, Esq.
Florida Bar No.: 0846406
Nathan A. McCoy, Esq.
Florida Bar No.: 0676101
WILSON MCCOY, P.A.
711 N. Orlando Ave., Suite 202
Maitland, FL 32751
Telephone: (407) 803-5400
Facsimile: (407) 803-4617
E-mail: gwilson@wilsonmccoylaw.com
E:mail: nmccoy@wilsonmccoylaw.com
Attorneys for Plaintiff, PAUL E. FERRARO
CERTIFICATE OF SERVICE

that, on this 1st day of June, 2015, I electronically filed


the foregoing with the Orange County Clerk of Court by using the Florida Courts' efiling
portal, with a true and correct copy of the foregoing being furnished thereby to counsel for
Defendant UCFAA: Marilyn G. Moran, Esq., E-mail: mmoran@fordharrison.com, and
Allen J. McKenna, Esq., E-mail: amckenna@fordharrison.com, and Bret C. Yaw, Esq., Email: byaw@fordharrison.com, FORD & HARRISON LLP, 300 South Orange Avenue,
Suite 1300, Orlando, FL 32801.
s/ Gary D. Wilson
Gary D. Wilson, Esq.
I HEREBY CERTIFY

18

May. 12. 2014

1:02PM

No. 3013

Ut 1 izat ion Review

Err-7

P. 5

IRTERCOLLEGIRTE ATHLETICS
OFFICE 1lF THE DIRECTOR

December 23, 2013

Paul Ferraro
4000 Central Florida Blvd.
Orlando, FL 32816

PA..-----'
(
r
l

Dear Mr. Ferraro:

Tho following serves as confirmation of the


job offer made to you on behalf ofthe UCF Athletics
Association, Inc.:

Position:

Defensive Coordinator, Football


UCPAA, Inc.
fieL, $8,750 (equivalent to n4-8-00.0.0
Effective Date:
iiaor rtb
January 3, 2014
tAild:e0PLength of Terms: I'll
Two Years (Expirer January 2, 2016)
FLSA Mahn:
Exempt

Employer:
Semi-monthly Rate:

(le

1.ICFAA benefits for this position include:

1)
2)
3)
4)

Reimbursement of relocation expenses up to a maximum $15,000.00


Sick leave, holidays
R.etirement plan

Membership options in a variety of health, life and/or supplemental group Insurance

Programs

Employment with the UCFAA is governed by the UCFAA Employee Handbook


(attached). Please note that
if employee voluntarily terminates
with the UCFAA prior to completing one calendar
employment
year's
full-time service, he/the will be
responsible for reimbursing the UCFAA the relocation expenses mentioned
above Reimbursement of relocation is at the
discretion of the Director of Athletics, and unless agreed
upon
otherwise, payment to the UCFAA shall be made within 90 days of termination
by employee.
In accordance with

UCFAA, Inc. policy, all information that you have provided to us


regarding your
credentials is subject to verification as a condition of

employment.
and your acceptance of the terms noted
by signing in the space

Please acimowledge receipt ofthis letter

pmvided so that we may proceed accordingly.

We look forward to having


you jom UCF Athletics.

Sinc_edykh/
I/

Mt

7
Todd Stansbury

Vice President and Dire

Signature acknowledges acceptance of above terms

MN

Date

UCF ATHLETICS ASSOCIATION, INC P.0


BOX 153555
ORLANDO, FL 32816-3555 (407) 823.3132 FAX

(407) 823.1274

EXHIBIT A
s

WWW.UCFKNIGHTS.COM

,May. 1 2. 2014 1: 0 3 P M

Ut i 1 i tat ion Rev i

No. 3013

ew

P. 6

1:1CF ATBLETICS ASSOCIATION, INC.

17EMPLOYMENT

AGREEMENT

LILI

On behalf of the ucF Athletics Association, Inc.


(Athletics), it is a pleasure to offer you this agreement for services as described
below. This agreement is subject to the Constitution and Laws of the State of Florida and the policies set forth in the Athletics
Employee handbook. Neither this agreement, nor any action of commitment taken pursuant to it, is final or binding upon the parties
until, and unless, the signature of the Director of Athletics or representative as approving authority, and the signature ofthe Employee
have been affixed. This agreement must be returned to the approving
authority (indicated by the signature below) within 10 days of

the date of offer.

Employee Name;

PAUL FERRARO

Position Title:

IJefensive Co ordinator

Length

of Agreement:

Annual Rate of Pay:

From:

December 26, 2013

To:

$220,000.00
Eligible

B en efits:

Football

,Department:
Classification:

January 2, 2016
Exempt

Leave:

Sick

Special Conditions ofbnployment:


Attached is the position description, Addendum "A", associated with the position title stated above, and this addendum is incorporated
by reference and made a part hereof. The aforementioned position description, position title, and classification may be modified or
changed at any time during employee's employment and such changes shall be in the sole discretion of the Director of Athletics or his
designee. Further, such a change shall not in any way be a breach of this agreement.

F1111

imowledge of NCAA, American Athletic Conference (Conference) or any conference hereinafter that the University of Central
a member, UCF and Athletics rules, regulations and
policies is a critical element of this position. Therefore,
employee must comply with all NCAA, Conference, UCF, and Athletics titles, regulations and policies. Failure to comply with these
rules, regulations and policies will result in disciplinary action appropriate to the offense and may include termination of employment.
Florida (UCF) may be

This agreement viith all Addendum embodies the


complete agreement regarding employment and it replaces any previous agreement
that Covers all or part of this period and supersedes any such previous agreement Nothing in this agreement shall be deemed to create
any right, interest, or expectancy of continued employment. flirther, Athletics reserves the right to terminate this agreement at any
time. Accordingly, Employee may be notified of termination at any time during the term of this agreement Employee may be
terminated for cause as noted on reverse immediately upon written notice from the Director of Athletics or his designee.

Employee may be terminated without cause upon written notice from the Director ofAthletics or his designee. In the event of such
termination, Employee acknowledges and accepts a duty to mitipte damages hereunder, and shall diligently search for employment.
Employee agrees to immediately notify Athletics if subsequent employment is obtained. Upon such termination Employee shall be
entitled to receive at the option of the Athletics either (1) the remaining balance of the salary payable, in accordance with normal
Athletics payroll procedures, for the remainder of the Tenn, provided that such amount shall be reduced by any subsequent

employment compensation; or (ii) a negotiated lump sum amount as identified in Addendum "B", if attached hereto and incorporated
by reference and made a part hereof.

Employee may terminate this agreement without cause upon written notice to the Director of Athletics effective 14 days after receipt
of said notice (Athletic Director may waivo 14 dv notice).
Nothing herein shall be construed as a guarantee of income derived from any duties associated with sports camps or other outside
employment income. Employee may be eligible for additional benefits and / or incentive compensation set forth on Addendum "C".

LI

Check hero if Addendum "B" is attached

1:0

Check here if Addendum "C" is attached,

UCIF Athletics Associa

By:
Name:
Title:
Date:

EmployeeR.,c,

By:
Todd Stans

ry

Direlor ofrtios
211

Name:
Title:
Date:

Paul Ferraro
Defense
I

dinator

Cor 114

May. 12. 2014

OUTSIDE EmpLoymurr AND ACTIVITIES.

I.

No.3013

Utilization Review

1:03PM

Employee shall obtain

the Athletics Director's advance

approval

to

P.

orange In any outside

athletically related Income activities whIch could impact the Employee's responribillties to Association, azd accurately report all MOW and amounts ofincome
and benefits. Source, ofsuch income and types ofactivilles shall include, but tre not limited to, the following
A. Outside employment (paid

or

unpaid)

D. Television and radio programs


G. Countsy Club memberships

B. lacome Rom annuities


E. Sports campa
H. Complimentary ticket sales

C. Affillation with other sports groups or teams


F. Housing (Including preferential housing arnmatemenb)

I.

Endorsement or censultalion COntracts (shoe,

apparel, etc.)

STANDARDS.
A.

Employee shall pawn his or her dudes and personally comport himself or herself at all times in a manner consistent with good aportsmanshlp and with the

high moral, ethical and academic standards ofAssocietion and University. At all times he or she shall exercise due cam that all personnel and students under his or
her supervision or subject to his Or her Gomml or authority shall compon themselves in liko manner. Employee shall &ohm observe and respect the principles of

institutional control of every aspect of all athletic programs.

B. Employee thriller agrees that he or alto, as well as all personnel and students under his or her control / authority, will remain conont and comply with applicabJe
federal and slam laws including the Buckley Amendment, IITPA (Hera Insuraoee %lability and Accountability Act), University regulations, and governing
athletic rules. In pa:Ocular, Employee recognitea an obllgaticn for self and personnel / =dente under hts or her control / authority to comply with laWs and
governing athletic rules including, but not limited to: recruiting Bed furnishing of unauthorized extra benefits to recaults and student athletes; illegal gambling;
Illegal betting and bookmaldng; and Illegal us; sale or pomesslon of narcotics, drugs, controlled substances or other chemicals or steroids. In the event that
Employee becomes aware, or has reasonable cause to believe, that violations Of governing athletic ndes may have taken place, ho or she shall report ibtly and
a canal* thc stmte to the Athletics Director in a timely manner.

C. Unless notice hts been given by Association to terminate employment, Employee shall not undes any circumstances discuss or negotiate directly or
PomPective emPloroffit with any other institution of higher !earning or professional athletic team without the express pezmIsslan of Aucclation.

indirectly

D. Amooistion shall have the right to lake disciplinary or COTTCCIlVB action, short of suspension or termination for cause, against Employee fer violation of any
or for any reason which would allow termination for cause listed below. Such disciplinary gallon may include, but is nct limited to
reprimand or probation and shall not affect Association's rights of termination. In addition, Employee shall be subject to disciplinary or corrective action by
appropriate officials for any violation of NCAA or Conference regulations. Such action or Inaction by appropriate officials shall not prethide or in any manner
affect Association's right to take corrective or disciplinary action.

provision of thie contract

E. ErtMloYee recognize, that the primarY mission of


Univerrity is to serve as an instl Milo of higher learning and shall Italy cooperate with academic counselon or
simiier persons designated by Aesociation to aesiet student athlete, and the faculty and administrators of Universiq in connection with the medallic pursuite of
sludeut athletes end shall use hislher personal best efforts to encourage and promote those effons. In that respect Employee recognizes that the goal of Association
and the University is that every student athlete obtains a baocataumate degree and agrees to fully support the attainment ofthis goal.

F. Employee shall at ell times take every action necessary to remain current,
comply with, and implement the policies of Association and UniversitY relating
substance abuse and to class attendance by students subject to his/her direct control or authority, and to exercise due care that all personnel and students subject
his/her direct control or authority comply with such policies.
3.
A.

to
to

TERMINATION FOR CAUSE

Neglect. inattention, or refloat by Employee to perform the duties as specified in Addendum "A".

E. Failure to comply with Athletics policies and procedures set forth in the employee handbook and policies and procedures manual; or
C.

Material, significant or repetitive violation or breach of contract by Employee, including above Standards and Outeide Employment and Activities; or

D. CommIsslon by Employee of a criminal violation of law whether prosecuted or not (excluding minor Emilio offenses); or
E.

Fraud or dishonesty of Employee In the preparation,

F.

Use

falsification, Or Aeration of University, Association, OT COnferefICO documents or records; or

consumption by Employee of alcoholic beverages Or narcotics, drugs, controlled substances, steroids, or other chemicals in such degree and for such
appreciable period as to impair significantly or materially his ability to perform his duties hereunder; or
or

0. Commission of or participation in by Employee of any act, situation, or occunenee which brings Employee into public disrepute, contempt, scandal or ridicule.
Thilure to conform personal conduct to conventionel standards of good citizenship, with such conduce offending prevailing social mores and values and/or
reflecting unfavorably upon University's or Association's reputation and overall printasy mission end objectivee, including but not limited to, acts of dishonesty,
minute-imitation, fraud, or violence that may or may not rise to a level warranting criminal prosecution by relevant authorities.
or

4.
SUSPENSION EOR CRIMINAL OR OTHER CHARGES
As an alternative to the above, the Association,, at the discretion of the
Director of Athletics, may suspend Employee with or without pay In tho event of any farmal criminal inquiries or charges being filed against the Employee or
condoning of such activities by personnel and/cr students under such control or authority which the Employee failed to act reasonably lo limit or Fermi, and such
suspension may continue until final reaolut ion of the matter or proceeding.

The Association, et the discretion of the Director of Athletics, may also suspend Employee with or without
pay in the event of any Gomel charges being filed with
the NCAA (major infractions) against the Employee or
condoning of such activities by personnel and/or students under such control or authority whIch the
Employee failed to act reasonably to limit or prevent. and such suspension may continue until Anil resolution of tho matter or proceeding.

TERMINATION FOR DEATH OR DISABILITY


This contract shall terminate automatically upon the death of 13mployco or if
Employee becomes totally disabled, preventing him or her front pe&rming Om defined duties for a period of not less than three (3) consecutive months. In the
event of termination by death or dIsebIlity, neither
Employee nor hls or her cattle shall be entitled to any compensation or benefits provided for lit this contract
except any group insurance benefits as required by law.

GOVERNING LAWS,

This contract shall be enforced end construed in accordance with the laws of Florida.

CAlsIFS AND CLINICS,; During the term of this contract, Employee shall be permitted to operate approved camps and clinics subject to the
restrictions set forth by the Associallon. Einployci agrees to operate all activities Waled to approved camps and clinics through the appropriate Association offices
as designated by the Camp Liaison.
EE Initial:

May. 1 2. 2014

1:04PM

No. 3013

Ut i 1 izat ion Review

P. 8

UCF ATBLETICS ASSOCIATION, INC,


EMPLOYMENT AGREEMENT
Addendum "C" Additional Terms

rir-F

As stated in the employment agreement between the UCFAA and Paul


during the period ofDecember 26, 2013 to January 2, 2016:

Pentro, below

are

the additional terms

Incentive Compensation

Upon participation by UCF in an NCAA sanctioned bowl gain; Employee shall receive a bowl bonus in the amount
of up to one (1) month's base salary. Such a bonus is subject to approval by the Athletics Director and contingent
upon available finding.
Additional Benefits

Employee may from time to timo be offered additional benefits in connection with his/her employment. The use of
such benefits is not an element of employment; it is an optional item that is not provided as, or in lieu ot other
compensation. Further, the employee acknowledges and agrees that the employee has no rights or claims for
additional benefits under this agreement, and such use is at the discretion of the A.D. In the event that the employee
is provided such benefits, employee agrees to comply with all then in effect mks, regulations and policies.

c's

Employee Initial

Exhibit I
Mien Reed
From:

Paul Ferraro

Sent
To:

Tuesday, February 25, 2014 6:14 AM


Kirk Callahan; Brent
George O'Leary; Marty O'Leary; Tyson Summers; Lorenzo Costantini;
Brian
Reed; Todd
Key; Danny Barrett; Sean Beckton; Mike Buscerni; Keegan Kennedy;
Andrew
Dodge; Sean
Stansbury; Robert Jones; Mary Vander Heiden; John Kvatek;
Glover
Will
Rob
Calabrese;
Fitzgerald; Paul Carrington;

Coach
No

Oleary,

longer will I put up with your constant verbal abuse of both our coaching and support

regular basis with their Jobs

and racial slurs mixed in to make a

point

staff. Threatening coaches on a

is wrong.

that I want to
I guess that formula of bullying has worked in terms of wins + losses but it is not the working environment

be associated with.
did too
I accepted this job because you said you wanted to simplify the Defense. I was told multiple times "Fleming
is not simple
Ball.
That
3
in
wanted
I
2"
and
when
in
Spring
on
Downs;
much'll Then you force me to install 8 Pressures

and not what I signed up for.

EXHIBIT B

May. 1 2. 2 0 1 4

1: 0 2 P M

Ut i 1 i zat ion Rev i

No. 3013

ew

fir

P. 4

IIITERCOLLEGIRTE IITHLETICS
OFFICE OF THE DIRECTOR

February 26, 2014


Todd Stansbury
Director ofAthletics
UCF Athletics
4000 Central Florida Blvd.,
Orlando, FL 32816

Bldg. #38

Paul Ferraro
Defensive Coordinator, Football
UCF Athletics
4000 Central Florida Blvd., Bldg. it77
Orlando, FL 32816

Dear Mr. Ferraro:


Based on your conversation last evening with Brian Reed, Assistant A.D., HRRM yesterday at approximate
letter is to acknowledge that you have left your UCF issued property on your desk and aro leaving the
permanently, flying back to Maine on Thursday, February 27, 2014.

5:10pm this
o area

Per your employment agreement, you may terminate the agreement without cause upon written notice to the Director of
Athletics effective 14 days after receipt of said notice. As your actions show that you have no intent to return to your post
as Defensive Coordinator of the Football program, we are accepting these actions as your 14 day notice of resignation from
UCF Athletics, and will consider your last date of employment March 11, 2014. Please provide Brian Reed immediately
with a contact number by which to coordinate your exit paperwork, including NCAA compliance documents, payroll and
insurance information.
As stated in your offer letter, you are responsible for reimbursing UCF Athletics the relocation expenses you have incurred
during your transition. To date, we have incurred $14,401.87 worth of relocation expense (temp housing at Homewood
Suites, and relocation of household items and vehicle through United Van Lines). As this is at my discretion, I am willing
to consider waiving the reimbursement requirement at

this time.

O'Leary a 6:14am n February 25, 2014 contained comments that I am concerned about. To that
David
Hans
have
Ir. Associate A.D., Internal Operations to assist UCF Equal Opportunity Director
end, I
assigned
Maria Beckman in an investigation of your claims As a component of this Investigation. David will contact you at the
Your email to Coach

number you provide Brian by which to set up


If you have any
We

/6

reci

time and discuss the email and actions leading up to this email.

questions, please direct them to Brian, David, or myself at yOur earliest convenience.

_guRervice to TJCF Athletics, and wish you the best of luck in your future endeavors.

'Todd Stansbury
Director of Athle

AUCF

HMO

ATHLETICS ASSOCIATION, INC

ORLANDO, FL 32816-3555

EXHIBIT C

P.O. BOX 163555


(407) 823.3132 FAX (407) 823.1274

WWW.UCFKNIGHTS.COM

WILSON MCCOYRA.
WORK MATTERS
711 N. Orlando Ave., Suite 202
Mania nd, Florida 32751

Representing employees, employers, and unions

(407) 803-5400 Tel.


(407) 803-4617 Fax

in work matters and related litigation.

wiviv.wilsonnwcoylaw.com

gwilson(ipvilsonmecoylaw.com

July 1,

2014

VIA FACSIMILE (305) 808-1855 & U.S. MAIL


Intake Supervisor
EEOC, Miami District Office
One Biscayne Tower, Suite 2700
2 South Biscayne Boulevard
Miami, Florida 33131
Re: Paul Ferraro
Dear Intake

v.

The

University of Central Florida

and UCF Athletics

Association,

Inc.

Supervisor:

Please be advised that our office represents Mr. Paul Ferraro, the above referenced
charging party. Enclosed please fmd Mr. Ferraro's original Charge of Discrimination to be filed
with the Equal Employment Opportunity Commission in this matter. Please also dual file the
Charge with the Florida Commission on Human Relations pursuant to your Workshare
Agreement. Additionally, we request to take part in the agency's Alternative Dispute
Resolution's mediation process.

Should you wish to speak to our client,


coordinate a mutually agreeable date and time.

please

contact

our

office

directly so

that

we can

Our office is happy to assist the EEOC in its investigation of Mr. Ferraro's Charge
against The University of Central Florida and UCF Athletics Association, Inc., the Respondents
in this matter. Please do not hesitate to contact our office if we can provide you with any
additional information.
Bcst

Regards,

Michael J.

Paralegal
Enclosure

Augello

CHARGE OF DISCRIMINATION

AGENCY

CHARGE NUMBER

This form is affected by the

G FEPA 0 EEOC
Privacy Act of 1974. See Privacy Act Statement before
form.
FLORIDA COMMISSION ON HUMAN RELATIONS and EEOC State or local Agency, if any
completing this
NAME (Indicate Mrs, Ms., Mrs.)
DATE OF BIRTH

Mr. Paul E. Ferraro

1STREET

4-30-59

ADDRESS

72 Western Rd.

CITY, STATE AND ZIP CODE

HOME TELEPHONE (Include Area Code)

Warren, ME 04864

(207) 951-3820

NAME OF THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY APPRENTICESHIP COMMITTEE,


STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME (If more than one, list below)

NAME

NUMBER OF EMPLOYEES, MEMBERS

TELEPHONE (Include Area Code)

The

University of Central Florida and


UCF Athletics Association, Inc.

15+

STREET ADDRESS

(407) 823-3132

CITY, STATE AND ZIP CODE

UCF Athletics
4000 Central Florida

Blvd., Bldg. #38

COUNTY

Orlando, FL 32816

Orange

CAUSE OF DISCRIMINATION BASED ON (Check Appropriate Box)

11:Ei1

C] COLOR

RACE

RETALIATION

El SEX
CI AGE

El RELIGION
El DISABILITY

DATE DISCRIMINATION TOOK PLACE

0 NATIONAL ORIGIN

EARLIEST

2-26-14

LATEST

Ongoing to the present

THE PARTICULARS ARE:

I. Personal Harm:

On February 26, 2014, I was placed on notice of termination as Defensive Coordinator for the University of
Central Florida ("UCF") football team, effective March 11, 2014, by the Director of Athletics for UCF, Todd Stansbury. I was hired by
UCF on December 26, 2013.1 was replaced by an assistant coach with less overall experience in terms of years of coaching.

II. Respondent's Reason for Adverse Action: According to the letter from Athletic Director Stansbury, an e-mail that I sent
the prior day to UCF's head football coach, George O'Leary and my fellow assistant football coaches was deemed as a notice of
resignation. However, I never tendered a resignation, verbally or in writing; with written notice required by my Employment Agreement.
III. Discrimination Statement: I believe that I was the subject of retaliation for reporting and opposing discrimination in the work
environment, based on the following: (1) Since shortly after my hire by UCF pursuant to an Employment Agreement, I was subjected to a
work environment that was permeated by pervasive bullying, threatening, and repeated racial epithets by UCF's Head football coach,
George O'Leary. He was my supervisor and the person who hired me. The racial remarks were uttered about me and in my presence and
concerned my Italian heritage, as well as racial remarks about African-Americans and persons ofJewish descent. Notably, I had previously
worked for Coach O'Leary at two prior universities and had not observed him engage in such behavior; (2) I eventually had enough of the
offensive remarks and hostile work environment and wrote an e-mail to Coach O'Leary and copied my fellow assistant coaches early on
February 25, 2014; (3) I was called by Associate Athletic Director for Human Resources, Brian Reed, that same day, February 25`11,
wherein I confirmed the hostile and threatening work environment to him. When asked by Mr. Reed if I was resigning, I told him that I
was not resigning, but simply reporting the conduct. Although I returned to Maine
prior to the start of spring practice on March 12th, I
made it clear that I could not work in the hostile environment, but was not resigning. (4) After sending the e-mail, I was contacted and
interviewed by telephone on February 28'h by Maria Beckman, UCF's Equal Employment Opportunity Director. I again reiterated some,
but not all of Coach O'Leary's conduct, and also brought to her attention the constant bullying and threatening comments by Coach
O'Leary. I then signed a prepared summary of the telephone interview on March 1 eh; (5) I attempted to contact Mr. Reed in April and left
him a voice message. When he returned my call, I inquired of the status of the situation, but he was noncommittal. I once again confirmed
that I was not resigning. In fact, I never tendered a written resignation as required by my contract; and (6) I was replaced by assistant
coach Tyson Summers as Defensive Coordinator for UCF, who had served admirably in the interim role for UCF's bowl game, prior to my
first official day on the job. Based upon the foregoing, my termination, in the form of an alleged resignation, was merely a pretext for
retaliation (because of my report of discrimination).
Accordingly, I believe that I have been subjected to retaliation for reporting and opposing discrimination, in violation of Title VII
of the Civil Rights Act of 1964, 42 U.S.C. 2000e, as amended by the Civil Rights Act of 1991, 42 U.S.C. 1981a (collectively "Title
VII"): as well as the Florida Civil Rights Act of 1992, ("FCRA"), 760.01-760.11, Florida Statutes. I hereby request all legal and
equitable relief to which I am entitled, including recovery of all my attorney's fees and costs.
NOTARY (When necessary for State and Local Requirements)
Ix)! want this charge filed with both the EEOC and the State or
local Agency, if any. I will advise the agencies if I change my
address or telephone number and cooperate fully with them in the
aAL.,
processing of my charge in accordance with their procedures.
441 4
I declare under penalty of perjury that the foregoing is true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE
-

Or-

SIGN

Iczq 1
AA' I(Day,
c.)
E

It

CON 'LAINANT

month, and year)

swear or

affirm that

true to the best of my

DATE:

6/

have read the above charge and that


knowledge, information and belief.

it is

DIANA L. DARE
Maine
Notary Publtc, State of

MY Commission Expires March

17

2016

To: EEOC

FA X
Wilson

McCoy, P.A.

Fax number: 305-808-1855

From:

Gary Wilson

Fax number: 407-803-4617

711 N. Orlando Ave., Suite 202

Maitland, Florida 32751


Tel. 407-803-5400

Date: 7/1/2014

Fax 407-8034617

www.wilsonmccoylaw.com
7111111111111

Re:

Charge of Discrimination

Paul Ferraro

The
University of Central Florida and UCF Athletics
Association, Inc.
Total Number of Pages

v.

(including coversheet):

(3)
Comments:

This facsimile is intended

only for the use of


privileged, confidential, or protected by law.
dissemination, copying or distribution of this
facsimile in error, please notify us immediately

the party to which it is addressed and may contain information that is


If you are not the intended recipient you are hereby nofified that any
facsimile or its contents is strictly prohibited. If you have received this
and destroy this document and all attachments, if any

Fax Send
Date

E.

Image

Page 1
11:41AM TUE
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667J7S1

Time: JUL-01-2014

Model Name:
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No

Name/Number

Start Time Time

156

13058081855

07-01

11:39AM

0114"

Mode
ECM

Page
003/003

To: EEOC

F A X
Wilson

Fax number. 305-808-1855

-,

From: Gaty Wilson


McCoy, P.A.: Fax number 407-803-4617

711 N. Orlando Ave., Suite 202

Maitland, Florida

r-

32751

Datc: 7/1/2014

TeL 407-803-5400
Fax

407-003-4617

Charge of Discrimination Paul Ferraro v; The


University of Central Florida and UCF Athletics
Association, Inc.
Re:

www.vammmyhm.mm
wmegmee.

mk

1:1111

Total Number of Pages (including

coversheet):

(3)

I Comments:

of the party to which it is addressed and may contain information that Is


law. If you are not the intended recipient you are hereby notified that any
dissemination, copying or distribution of this facsimile or its contents is strictly prohibited. If you have received Ws
facsimite in error, please notify us immediately and destroy this document and all attachments, if any

This facsimile is intended only for the

privileged, confidential,

or

use

protected by

Result
OK

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