Title IX charge against DePaul dismissed in Lenti abuse case
Former softball coach Eugene Lenti pictured at the 2018 Big East Championship.
DePaul’s motion to dismiss Count I — Title IX charges — in a case brought by Jenny Conviser last year was recently granted by the United States District Court of the Illinois Eastern division, according to a document obtained by The DePaulia.
Conviser worked as a sports psychologist at DePaul for over a decade before the university terminated her contract in 2018.
The court found that Conviser does not have Title IX statutory standing because she wasn’t an employee at DePaul in an educational program and wasn’t deprived of receiving an educational program.
The court declined to exercise supplemental jurisdiction on Counts II and III, which involve state law claims. That means that those counts will not be automatically dismissed alongside the Title IX claim made by Conviser.
“The Court concludes that Plaintiffs do not have statutory standing to bring a Title IX claim against DePaul, and as such, Count I is dismissed,” part of the document read.
Lenti Title IX Dismissed by DePaulia on Scribd
Conviser filed her lawsuit last April, alleging that DePaul retaliated by firing her after she reported former softball head coach Eugene Lenti for allegedly verbally and physically abusing his players and an assistant coach. She accused DePaul of wrongful retaliation under Title IX, breach of contract,defamation and false light.
The case was moved to federal court last June. Conviser has previously said that she was at the center of taking on former athletic director Jean Lenti Ponsetto and taking down Lenti by having him eventually separated from DePaul for his abusive conduct to his players.
The court considered whether Conviser “falls within the zone of interests protected by the law invoked.”
In its argument, DePaul cited a total of seven cases in an effort to show that Conviser doesn’t fall within those zones of interests that would allow her to make a Title IX claim.
According to the court, Conviser failed to establish two tests to establish a Title IX claim: She must allege a sufficient connection between herself and the individuals who were discriminated against, and she must allege the claim’s three elements — first, she engaged in a statutorily protected activity, second, DePaul took adverse action against her and third, there existed a but-for causal connection between the first two.
DePaul argued that Conviser did not have a close enough relationship with the reporting students to establish a retaliation claim. Conviser, on the other hand, said that she was an “integral” part in the reporting process.
The court sided with DePaul’s argument because Conviser never met with any of the students who filed these complaints against Lenti. As a result, the court doesn’t believe that firing Conviser would deter students from reporting discrmination.
In June, four former DePaul softball players came forward to deny allegations of abuse by Lenti. Morgan Greenwood, Morgan Maize, Angela Scalzitti and Brianna Viles wrote to The DePaulia that Lenti never verbally or physically abused them.
The DePaulia has tried multiple times to reach out to the assistant coach that Lenti allegedly punched in the face, but has received no response. Lenti, meanwhile, is currently an assistant softball coach at Auburn University.
Conviser’s legal team has until April 21 to file an amended complaint asserting a claim that the court has original jurisdiction. If no complaint is filed, then the dismissal of Count I will convert to one with prejudice and Counts II and III will also be dismissed without prejudice for refiling in state court.
Cory King • Jul 7, 2021 at 8:07 pm
I have been to many DePaul softball games and I was not at all uncommon to see Coach Lenti fly off the handle. I was not at all surprised when I heard the allegations. I don’t know how people can make excuses for his behavior- it is never acceptable for a coach to lay hands on a player and it is even worse that it was a man assaulting a woman. Players are in a position of vulnerability when they have an (potentially) abusive coach and should not be shamed for standing up to a bully. I applaud DrConviser and the players who finally stood up to him- and brought out the truth. It is disappointing that Aubur. n would then stoop so low and hire him.
Thank God the Lenti’s are Gone! • Apr 12, 2021 at 10:01 pm
The dismissal of Count 1, at least for now, doesn’t change the main question of concern to many of us: Did Eugene Lenti physically assault a player(s) and an assistant coach, as well as verbally assault players? The fact The DePaulia reached out to the assistant coach “multiple” times and never received a response is disconcerting. If Lenti was innocent of this reputation destroying allegation, the least the former coach should have done was categorically deny this allegation, no? According to The DePaulia, she never did this. The former coach never even returned a call. Silence speaks volumes. On the other hand, several former players came forth to deny there was any physical or verbal abuse by Eugene Lenti. Although none were the alleged victim of physical abuse, their public response gave significant credence that some of these charges might be questionable. In addition, it’s also troubling that Conviser never had any direct communications with the alleged victims.
Conclusion: This well-written article leaves us with more questions than answers. Look for an amended complaint.