E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

NICHOLE MOODY,
Plaintiff,

CASE NO. LACL135000

v.

DEFENDANTS APPEARANCE, ANSWER

AND AFFIRMATIVE DEFENSES

STATE OF IOWA, IOWA STATE

UNIVERSITY OF SCIENCE AND
TECHNOLOGY, and WILLIAM FENNELY,
Defendants.
COME NOW the Defendants, State of Iowa, Iowa State University of Science and
Technology, and William Fennelly, by and through their attorney, Tyler M. Smith, and for their
Answer and Affirmative Defenses state as follows.
INTRODUCTION
1)

Paragraph 1 is admitted to the extent the action purports to be filed under the Iowa

Civil Rights Act; the remainder of Paragraph 1 is denied.

2)

Paragraph 2 is denied for lack of knowledge.

3)

Paragraph 3 is admitted to the extent Iowa State University of Science and

Technology is a fully accredited four-year state university governed by the state board of regents
with its principal place of business in Story County, Iowa, and other business in Polk County,
Iowa; the remainder of Paragraph 3 is denied.
4)

Paragraph 4 is admitted.

5)

Paragraph 5 is admitted.

6)

Paragraph 6 is denied and denied for lack of knowledge.

PROCEDURAL REQUIREMENTS

7)

Paragraph 7 is admitted to the extent Plaintiff filed a charge with the Iowa Civil

Rights Commission; the remainder of Paragraph 7 is denied and denied for lack of knowledge.
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E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

8)

Paragraph 8 is admitted to the extent an Administrative Release was issued

January 22, 2016; the remainder of Paragraph 8 is denied.

FACTUAL BACKGROUND
9)

Paragraph 9 is admitted.

10)

Paragraph 10 is admitted.

11)

Paragraph 11 is admitted.

12)

Paragraph 12 is admitted.

13)

Paragraph 13 is denied.

14)

Paragraph 14 is admitted.

15)

Paragraph 15 is denied to the extent Plaintiff was one of four African American

recruits who joined Defendants roster that year.

16)

Paragraph 16 is denied for lack of knowledge.

17)

Paragraph 17 is denied.

18)

Paragraph 18 is denied.

19)

Paragraph 19 is denied.

20)

Paragraph 20 is denied.

21)

Paragraph 21 is denied.

22)

Paragraph 22 is denied.

23)

Paragraph 23 is denied.

24)

Paragraph 24 is denied.

25)

Paragraph 25 is denied.

26)

Paragraph 26 is admitted to the extent others warned Plaintiff was a high risk

recruit; the remainder of Paragraph 26 is denied.

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E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

27)

Paragraph 27 is denied.

28)

Paragraph 28 is denied.

29)

Paragraph 29 is denied.

30)

Paragraph 30 is denied.

31)

Paragraph 31 and its subparts (a) through (d) are denied.

32)

Paragraph 32 is denied.

33)

Paragraph 33 is admitted to the extent Plaintiff started 29 of 31 games and played

more minutes than any other freshman; the remainder of Paragraph 33 is denied.
34)

Paragraph 34 is denied.

35)

Paragraph 35 is denied.

36)

Paragraph 36 is denied and denied for lack of knowledge.

37)

Paragraph 37 is denied.

38)

Paragraph 38 is admitted to the extent during Plaintiffs senior year there were

three African-American seniors on the team, the remainder of Paragraph 38 is denied.

39)

Paragraph 39 is denied.

40)

Paragraph 40 is denied.

41)

Paragraph 41 is denied and denied for lack of knowledge.

42)

Paragraph 42 is denied.

43)

Paragraph 43 is admitted.

44)

Paragraph 44 is denied.

45)

Paragraph 45 is denied.

46)

Paragraph 46 is denied.

47)

Paragraph 47 is denied and denied for lack of knowledge.

E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

48)

Paragraph 48 and its subparts (a) through (c) are denied.

49)

Paragraph 49 is denied.

50)

Paragraph 50 is denied and denied for lack of knowledge.

51)

Paragraph 51 is denied.

52)

Paragraph 52 is denied.

53)

Paragraph 53 is denied.

54)

Paragraph 54 is denied.

55)

Paragraph 55 is denied.

56)

Paragraph 56 is denied.

57)

Paragraph 57 is denied.

58)

Paragraph 58 is denied.

59)

Paragraph 59 is denied.

60)

Paragraph 60 is denied and denied for lack of knowledge.

61)

Paragraph 61 is denied.

62)

Paragraph 62 is denied and denied for lack of knowledge.

63)

Paragraph 63 is denied.

64)

Paragraph 64 is admitted to the extent Ms. Thomas transferred for other reasons;

the remainder of Paragraph 64 is denied.

65)

Paragraph 65 is denied.

66)

Paragraph 66 is denied.

67)

Paragraph 67 is denied.

E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

68)

Paragraph 68 is admitted to the extent Plaintiff graduated from ISU in 2015 and

received the listed acknowledgments; the remainder of Paragraph 68 is denied for lack of
knowledge.
69)

Paragraph 69 is denied.

70)

Paragraph 70 is denied.

71)

Paragraph 71 is denied.

72)

Paragraph 72 is denied.

73)

Paragraph 73 is admitted.

74)

Paragraph 74 is admitted.

75)

Paragraph 75 is admitted.

76)

Paragraph 76 is denied for lack of knowledge.

77)

Paragraph 77 is admitted to the extent Fennelly made comments about the

increased competitiveness of recruiting in the Texas; the remainder of Paragraph 77 is denied

and denied for lack of knowledge.
78)

Paragraph 78 is admitted to the extent Mrs. Janet Leath spoke with Plaintiff after

Plaintiffs graduation ceremony; the remainder of Paragraph 78 is denied.

79)

Paragraph 79 is admitted.

80)

Paragraph 80 is admitted.

81)

Paragraph 81 is admitted.

82)

Paragraph 82 is admitted.
COUNT I

83)

Defendants incorporate their responses to Paragraphs 1 through 82 herein by this

reference.

E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

84)

Paragraph 84 is admitted.

85)

Paragraph 85 is denied.

86)

Paragraph 86 is denied.

87)

Paragraph 87 is denied.

88)

Paragraph 88 is denied.

89)

Paragraph 89 is denied.

90)

Paragraph 90 is denied.

91)

Paragraph 91 is denied.
AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses to the extent that:

1)

Plaintiff fails to state a claim upon which any relief may be granted.

2)

Plaintiffs claims were filed or made beyond the applicable statute(s) of

limitations, or other time limitations.

3)

Plaintiff has failed to exhaust administrative remedies, thus depriving this Court

of jurisdiction over this action.

4)

Plaintiffs allegations go beyond the scope of her administrative complaints.

5)

Each and every cause of action in Plaintiffs Petition is barred in that no act of

discrimination toward Plaintiff by Defendants, as alleged, has ever occurred.

6)

Defendants have acted at all times in good faith toward Plaintiff.

7)

Plaintiff has, by reason of her conduct and actions, waived any right to assert the

claims set forth therein.

8)

Plaintiff is, by reason of her conduct and actions, estopped from asserting the

claims set forth therein.

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E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

9)

Plaintiff has failed to mitigate damages, if any.

10)

Plaintiffs claims are barred by the doctrine of unclean hands.

11)

If Plaintiff suffered or sustained any damages, injuries, or detriment as a

proximate result of the conduct of Defendants, as alleged in Plaintiffs Petition, such injury was
proximately caused or contributed to by the negligence or bad faith of Plaintiff, which bars or
reduces Plaintiffs right to recover any damages against Defendants.
12)

Plaintiffs claims are barred by the doctrine of sovereign immunity.

13)

Plaintiffs claims are barred by claim preclusion, issue preclusion, and res

judicata.
14)

Defendants engaged in no unfair or discriminatory practices against Plaintiff in

relation to any relevant educational programs or activities.

15)

Plaintiff unreasonably failed to take advantage of any preventative or corrective

opportunities provided by Defendants or to otherwise avoid harm.

16)

Defendants actions were taken for legitimate, nondiscriminatory reasons.

17)

Defendants reserve the right to add defenses should additional facts come to light.

E-FILED 2016 MAY 13 8:24 AM POLK - CLERK OF DISTRICT COURT

WHEREFORE, Defendants request the Court to dismiss Plaintiffs Petition and assess the
costs of this action to Plaintiff.
Respectfully submitted,
THOMAS J. MILLER
Attorney General of Iowa
/s/ TYLER M. SMITH
TYLER M. SMITH
Assistant Attorney General
Hoover Building, Second Floor
1305 East Walnut Street
Des Moines, Iowa 50319
PHONE: (515) 281-8330
FAX: (515) 281-7219
E-MAIL: tyler.smith@iowa.gov
ATTORNEYS FOR DEFENDANTS
Original filed electronically.
Copy electronically to:
Brooke Timmer
Nathan Borland
Fielder & Timmer, P.L.L.C.
8831 Windsor Parkway
Johnston, IA 50131
brooke@employmentlawiowa.com
nate@employmentlawiowa.com
ATTORNEYS FOR PLAINTIFF
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon each
of the persons identified as receiving a copy by delivery in the following manner
on May 13, 2016:
U.S. Mail
FAX
Hand Delivery
Overnight Courier
Federal Express
Other
ECF/EDMS System Participant (Electronic Service)
Signature: /S/ BETTY CHRISTENSEN