Another Settlement Check?

Former Manatee High football coach Joe Kinnan could be the next former Manatee County School District administrator to score a settlement check from the district. The legendary gridiron guru filed suit against the district, the board and several former employees this week. If history is any indication, the matter won't see a courtroom.

Kinnan, who was also the high school's athletic director, was issued a 10-day suspension in 2013 after it was discovered that he had knowingly allowed baseball coach Dwayne Strong to remain employed without the proper certification from the state. In addition, the baseball program's booster club was shown to be making payments to Strong's private instructional academy, a violation of state rules. Bob Gagnon, who was principal of Manatee at the time, was also recommended for a 10-day suspension, though he was already serving an indefinite suspension related to the Rod Frazier sexual abuse scandal at the school.

Gagnon was non-renewed at the end of his contract; Kinnan went on medical leave and then retired before the suspension came into play. The school's athletic department was ultimately fined $13,300 and placed on probation by the Florida High School Athletic Association for policy violations. The school could have been facing over $300,000 in fines, but the governing body showed leniency for the district having self-reported the issues following an internal investigation by then MCSD OPS Investigator Troy Pumphrey.

Pumphrey was investigating allegations made by parents of players that there was a pay-for-play system in which members of the team who did not pay to attend Strong's The Sandlot @5-Tools Baseball camp had it made clear to them that participation would impact their playing time. Kinnan was quoted in the Bradenton Herald that he learned of the infractions and made school then-principal Don Sauer aware of the missteps, while stressing the need to report the information to the district and the FHSAA.

However, Pumphrey told TBT at the time that when he interviewed Sauer and Kinnan on October 1, 2013, both men told him that it was the first time they had been made aware of the issue and that it was Pumphrey, a former FHSAA exployee, who informed both men that the organization would need to be notified. Then superintendent Rick Mills told TBT at the time that he was troubled by what he saw as Kinnan seeming to deliberately mislead the public about his role in the events.

The FHSAA report determined that Manatee's baseball program had violated 7 of its policies and that 19 students had broken rules regarding camps and/or clinics. Most of the violations centered around mandatory practices and other activities at Strong's facility, which were also held outside of the designated season and improperly funded by the school through the team's booster club. Manatee High's entire athletic department was on administrative probation until June 1, 2015 and the baseball program until June 1, 2016.

Though he admitted he should have had more oversight over certain issues, Kinnan vehemently disputed the suspension and requested an administrative hearing, which was scheduled for April of 2014 but never took place because Kinnan said he couldn't do it while he was on leave. The district then dropped the pending administrative complaint against him when he retired, though Pam Stewart, Commissioner of Education for the State of Florida, filed an administrative complaint against Kinnan in July, seeking disciplinary action over the issue.

The lawsuit names Mills and Pumphrey as defendants, along with the school district and the school board. Kinnan’s wife Linda is also listed as a plaintiff. The Kinnans are suing for defamation, breach of contract, intentional infliction of emotional distress, interference with a contractual relationship, negligence, abuse of process, malicious prosecution, civil conspiracy and loss of consortium. They are asking for judgment for compensatory damages and missed employment opportunities, irreparable damage to Kinnan's reputation and any further relief the court deems necessary.

Kinnan is being represented by John Romano, the same attorney who represented Gagnon through his recent $400,000 settlement with the district. There seems little to suggest that Kinnan has much of a case. There were obvious violations that occurred, he was the administrator responsible for the programs, and he clearly knew of the violations, which was probably why an administrative hearing never took place. That might not matter though. The suit could be an easy way for those sympathetic to the ex-coach to put forth political pressure to avoid a legal battle and simply award a settlement, which the school board can do by a majority vote.