Kinnan Suffers More Setbacks in Lawsuit Against School District

The ongoing lawsuit filed by former Manatee High football coach and athletic director Joe Kinnan against the district and two former employees took another hit in a recent ruling. A petition by the defendants to dismiss counts in a third amended complaint saw all related counts dismissed or dismissed with prejudice in an order issued by the 12th Judicial Circuit.

The case relates to disciplinary action taken against Kinnan by former Superintendent Rick Mills following a2014 incident with the school's baseball program, which Kinnan oversaw in his capacity as AD. Parents of a player on the team reported a "pay to play" scheme in which players were allegedly being coerced into taking private lessons at a former baseball coach's academy in order to be considered for playing time on the team.

An internal investigation by the district noted several violations of policy and rules, including the fact that the baseball coach was not properly certified at the time, which emails showed Kinnan to have been aware of. According to the district's investigation, emails also showed knowledge of booster money being improperly paid to the baseball coach's academy.

Mills followed the recommendation of the district's discipline committee and Kinnan was given a 10-day suspension for the violations, which an investigation by the Florida High School Athletic Association found to amount to seven, putting the school on the hook for potential fines of up to $300,000, as well as other punishments for the school's athletic department (the fines were eventually reduced to $14,000).

Kinnan went on medical leave in January of 2015, before serving the suspension. He requested an administrative hearing over the suspension. The district claimed that for the next eight months attempts to schedule the hearing were stalled by Kinnan, ostensibly because of health problems, though they noted that he participated as a coach at an FSU football clinic over that time period.

Kinnan was not available for spring football because he was on leave and, according to the school, did not respond within their timeline as to whether he wished to return as its football coach in the fall. Manatee went on to hire another coach and Kinnanretired as athletic director that August, never having served the suspension, and having already signed on as an offensive consultant to USF's football team for the fall.

That September, Mills dropped the administrative complaint in lieu of Kinnan's retirement as athletic director, noting that his status as a coach was never contemplated by the district, as it was a school-level hire. Once retired, Kinnan did not pursue his administrative hearing to challenge the complaint.

The Florida Dept of Education, which had also filed an administrative complaint against Kinnan for not being honest and forthcoming, eventually dropped their complaint, citing his retirement as well as the lapse of his state certificates.

Counts against the Manatee School Board for negligence and negligent hiring were not part of the motion and remain the only portions of the suit that have not been dismissed.

"I am pleased with the outcome, as it now allows the district to move forward and focus on student achievement and providing quality education opportunities," said Mills of the order.

Corey Friedman, an attorney representing Kinnan said, "We are pleased with the order as it allows the lawsuit to move forward so that justice can be accomplished."

Click here to read Circuit Judge Andrea McHugh's order.