By TOM OLSEN | Forum News Service
PUBLISHED: March 15, 2018 at 8:12 pm | UPDATED: March 16, 2018 at 3:02 pm

DULUTH, Minn. a An exuberant Shannon Miller emerged from the front doors of the federal courthouse in Duluth on Thursday afternoon, pumping her fists amid cheers
and celebratory music from a crowd of supporters.

Minutes earlier, jurors awarded the former University of Minnesota Duluth womenas hockey coach $3.74 million after an eight-day trial in her lawsuit against her longtime
employer.

The jury of eight women and four men took a little over four hours to find that UMD discriminated against Miller on the basis of her sex and retaliated against her for
making Title IX complaints when officials decided in December 2014 not to offer her a new contract.

aItas a big day for women,a Miller proclaimed on the courthouse steps. aWomen in general, but especially women in college athletics.a

Standing by her side, Milleras lead attorney, Dan Siegel, used the word abravea to describe his client, crediting her for taking on the three-year legal battle to great personal sacrifice.

aItas a real rebuke to the leadership of UMD, and to the athletic department in particular,a Siegel said of the verdict. aI hope itas a new day for this university and this community as women all over the world are saying, aTimeas up.aa

After hearing closing arguments, the jury unanimously completed a seven-question verdict form that found UMD liable on both counts.

Miller held hands with her partner, Jen Banford, and several supporters could be seen shaking with excitement and crying as U.S. District Judge Patrick Schiltz read the
verdict at 4:15 p.m.

Athletics Director Josh Berlo sat at the defense table, flanked by attorneys, as he did throughout the trial. Chancellor Lendley Black watched from the front row of the public gallery.

During a news conference outside the courthouse, the chancellor stood firm in defense of his decision not to give the five-time championship winning coach a new contract after 16 seasons.

aI want to say Iam extremely disappointed in this decision and very surprised by the decision,a Black said. aI still stand behind the actions that I took at UMD, and know personally why I made the decisions I made.a

Black and Tim Pramas, the universityas senior associate general counsel who led the legal team, said it was too early to decide how UMD will proceed with potential motions or appeals.

aThis is one step in the process,a Pramas said. aIt was certainly not the result that we wanted, but we will continue to contest and dispute the claims. This was not a case of discrimination, and we will consider all of our legal options. There are many steps left in the process.a

Jurors awarded Miller her requested $744,832 in past lost wages and $3 million for past emotional distress. They did not award any damages for future emotional distress, and it will be up to the judge to determine if any future lost wages should be added.

Schiltz said he intends to schedule a meeting in the coming weeks with attorneys to discuss how the case will proceed.

Pramas and Siegel each spent about an hour delivering their final pitches to the jury in front of a packed courtroom earlier Thursday.

Siegel spoke of Milleras advocacy for her team and her complaints to administrators about disparities between the menas and womenas hockey teams, and reiterated Milleras success on the international stage.

Siegel narrowed in on Berlo, who made the recommendation to sever ties with Miller after a year and a half on the job, arguing that he was inexperienced and unqualified for the athletics director job at UMD.

aShe is a strong, tough-minded former police o?icer who will fight for her players, her players, her rights, and is paid more than him,a Siegel told jurors. aIt may have just been a little overwhelming.a

Pramas argued that the evidence was consistent in showing that the university did not renew Miller out of concerns for declining competitive success, academic issues and a high cost-per-victory as the university faced a major budget shortfall.

He cited hiring and promoting statistics and trial testimony about diversity efforts from both Berlo and Black on campus, in denying that Milleras sex or past complaints were motivating factors in the December 2014 decision.

Pramas told jurors that finding in Milleras favor would leave Black and Berlo abranded as prejudiced.a

aYou would have to believe that this prejudice laid dormant throughout their lives, appeared for this one decision, and then returned to hibernation,a he argued.

Siegel called Miller a arole model for women everywherea and described her as athe pride of Duluth.a Citing a shifting rationale in public statements in the months after Milleras non-renewal, he contended that aUMDas explanations are not worthy of belief.a

aMost of what you heard today was never part of the decision until after it was made,a Siegel said.

Pramas argued that the evidence presented at trial established that while budgets differed between the menas and womenas hockey teams, the teams had similar opportunities and that administration worked to address Milleras complaints as they arose.

aWhen Ms. Miller complained,a Pramas said, aUMD responded.a

In his final moments before the jury, Siegel said UMDas decision deeply affected both his client and the community.

aShe has been damaged by this,a he said. aThe UMD womenas hockey program has been damaged by this. The city of Duluth has been damaged by this.a

Black was asked afterward if the verdict caused him to re-evaluate the decision.

aThis is still very fresh, but I will certainly take time to rethink the process and things we did,a he said. aBut I can tell you I stand firm again on the decision that was made, and the reasons that it was made I know were justified and did not involve discrimination.a

Miller and her legal team said the verdict has them feeling confident as they look forward to a separate legal action that is anticipated to be filed in state court. Miller, Banford a a former UMD softball coach and director of womenas hockey operations a and former UMD womenas basketball coach Annette Wiles claim that UMD discriminated against them on the basis of their sexual orientation.

While Judge Schiltz earlier called that the astrongesta element on their case, he said he lacked jurisdiction to hear it at the federal level. UMD, though, has asserted that the three women have no alegally viable state court option.a

aPerhaps UMD didnat believe or agree that we had any good claims, but now that weave won on our aweaka claim a and won almost $4 million a UMD should do the right thing and settle with Jen and Annette and Shannon,a Siegel said. aThe theme here is healing the community and people moving on.a

With a major victory under her belt, the 54-year-old Miller, who now lives in Las Vegas and runs a small business with Banford, was asked about her plans for the future.

She said sheall continue to apply for open college hockey jobs and would be honored to have a chance to become the first female coach in the National Hockey League.

aThereas a lot of men coaching in womenas athletics,a she said. aI absolutely see no reason why women canat coach in menas athletics.a

Tom Olsen