Former athlete to file discrimination lawsuit

A former UF softball player has a discrimination lawsuit pending against the university.

Catcher Andrea Zimbardi, who was dismissed from the Gators in March, said she believes she was kicked off the team for being a lesbian.

Norm Kent, a lawyer with AIDS Project Florida representing Zimbardi, said there are two claims. The first is against the university for violation of Zimbardi's constitutional rights, which will be handled by the National Center of Lesbian Rights and Karen Doering, Zimbardi's lawyer with the NCLR.

The second claim will be filed by Kent. He said he plans to file a grievance with the NCAA that the university violated its non-discrimination policy.

If found liable of the second claim, it could subject the university to fines, sanctions and probation imposed by the NCAA if it's sustained, Kent said.

The non-discrimination policy states "the university is committed to non-discrimination with respect to race, creed, color, religion, age, disability, sex, marital status, national origin, political opinions or affiliations and veteran status."

Calls to Coach Karen Johns were not returned Monday.
Zimbardi's claims first became public when Outsports.com published a story on its Web site about her experience with the Gators on May 21.

"When the case got publicity, other people came forward to ratify and lend credibility to Andrea's story," Kent said. "So we think we're going to be able to go forward with more evidence and new witnesses than we had when the story first broke.

"Both Karen and I are satisfied that Andrea's rights have been irreparably violated, and we are going to turn to the school's authorities and the state's courts for those grievances."

Even though it might take another two weeks before Zimbardi and her lawyers actually file a lawsuit, Kent said time is on their side.

"Andrea's already been denied her rights," Kent said. "Her eligibility period is over; she can't ever play [collegiate] softball again."

Kent said even though Zimbardi can't play softball, she "can have some very good lawyers go to bat for her and protect the rights of lesbians down the road."

Zimbardi walked on to the softball team in 1999 when Larry Ray was the head coach. She earned her first partial scholarship during her sophomore season, and the amount of the scholarship was increased every year she was with the team.

When Johns joined the team in 2000, Zimbardi said Johns made it very clear that she was a Christian, and she didn't approve of homosexual relationships.

"It forced me to kind of step back and not take her in as much because I was scared," Zimbardi said. "I didn't want her to dislike me."

Zimbardi said she decided to put their differences aside and just concentrate on softball. However, she said she really felt uncomfortable when pitching coach Heather Compton-Butler joined the team this season.

It came to Zimbardi's attention that Compton-Butler was trying to obtain information about Zimbardi and her girlfriend from other players on the team.
"All of a sudden, my personal life has now started to affect the way they think about me," Zimbardi said. "Now my personal life has a bearing on whether or not I can play softball, and that's when I started getting upset."

Zimbardi said she gradually felt like she was being phased out of team activities. Her teammates also noticed Zimbardi was absent from many team functions.
In a closed-door meeting in February with Zimbardi, her parents, Johns, Compton-Butler, Athletics Director Jeremy Foley and Associate Athletics Director Ann Marie Rogers, Zimbardi told everyone how she was feeling about the situation.

Zimbardi said Foley supported her in the meeting, saying her perception was her reality and assuring her the situation would be corrected.

Two days after that meeting, Zimbardi said Johns met with her in private and tried to dispel what Johns considered to be Zimbardi's misconceptions regarding her feeling discriminated against because of her sexual orientation.

Zimbardi said she wouldn't recant her statements about the discrimination she felt she experienced. She was then given a week off away from the team. After that week passed, Zimbardi said Johns removed her from the team, saying it would be best for the team.

University Athletic Association officials did not go into detail about the circumstances surrounding Zimbardi's dismissal because of the Buckley Amendment, which requires the university to keep students' educational records private. However, Foley did release this statement:

"I reviewed this matter earlier this spring, and I feel very comfortable with how it was handled. I have the utmost confidence in our coaches.
I do understand, though, it can be disappointing for a student-athlete when things do not work out how they planned. Andrea graduated in May with her bachelor's degree in industrial and system engineering, and we have supported her applications for post-graduate scholarships. We wish her the best in the future."