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Ex-Cheerleader Suing UT For Having Hired Coach Who Raped Her

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By RAY REYES | The Tampa Tribune

Published: May 22, 2008

TAMPA -- A former University of Tampa cheerleader who was raped by her coach is suing the school, contending that thorough background checks were not performed when he was hired, according to a complaint filed Thursday in civil court.

Thomas Andrew Hall, 44, of Clearwater, pleaded guilty on Feb. 18 to a charge of sexual battery with slight force, Florida Department of Law Enforcement records show. He was sentenced to six years' probation and a supervision program that monitors his whereabouts. He is also listed on FDLE's database of registered sexual offenders.

The incident occurred in 2004 and the victim, Heather Wienclawski, 24, could not complete her studies and graduate because of severe emotional distress, the negligence complaint said.

"Young people in college will look at their professors and coaches as mentors," said Christopher Knopik, Wienclawski's attorney. "In this circumstance, it seems the University of Tampa put exactly the wrong person in this position."

Because his client felt strongly about the case, Wienclawski has allowed her name to appear in court documents and news reports, Knopik said. The Tampa Tribune's usual policy is to not release the name of sex crime victims.

The university was negligent in its hiring of Hall and should have known about his criminal history through background checks, the complaint said. Hall had been arrested and charged with aggravated battery on a police officer and resisting an officer with violence in 1993, FDLE records show. He pleaded no contest to the charges.

The university "failed to take any action to investigate, reassign or discharge Coach Hall from the cheerleading squad when it became aware" of the charges that, the suit argued, made Hall unfit to serve as cheerleading coach.

The complaint also said the university failed to supervise and monitor Hall, evaluate his interactions with female cheerleaders and did not ensure that a female coach accompanied him.

The university does not comment on pending litigation, said spokesman Eric Cardenas.

Hall and an attorney representing UT in the lawsuit, could not be reached for comment Thursday.

According to the complaint and an arrest report, this is what happened on the night of Dec. 10, 2004:

Wienclawski told Hall that she was leaving the cheerleading squad to work as an intern in Orlando. The coach offered to take her out to celebrate and introduce her to business contacts. Wienclawski accepted the invitation, believing it was a good networking opportunity.

Hall picked up Wienclawski at her dorm and went to the Blue Martini bar at the International Plaza in Tampa. Later that night, a friend arrived to take Wienclawski home. Hall refused, saying he was responsible for Wienclawski and "that he felt obligated to ensure her safe return," the complaint said.

Hall and Wienclawski then left, but she kept asking her coach if he could take her to her friend's house or her dorm. Hall instead drove her to his home, according to a Tribune story published in 2004.

Wienclawski was raped at the house, the complaint said. She was "intoxicated and sick" at the time of the attack, according to a criminal arrest affidavit.

Reporter Ray Reyes can be reached at (813) 259-7920 or rreyes@tampatrib.com.

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