USF to turn over investigators' notes in Leavitt lawsuit

At one point early in the hearing inside Courtroom 500, Judge Bernard Silver asked both parties: "Why are we here, then?"

On one side of the room, attorneys for former University of South Florida football coach Jim Leavitt argued that school officials refused to turn over materials related to the investigation that led to Leavitt's firing in January. On the other side, USF attorney Richard McCrea stood in front of a stack of boxes loaded with such materials.

At the end of the 90-minute evidentiary hearing, the sides met somewhere in the middle in what is shaping up to be an extended dispute.

USF will turn over the notes of the two primary investigators in the review that led to Leavitt's firing as part of the discovery process in Leavitt's civil lawsuit against the school. Sandy Lovins, associate vice president of human resources at USF, and independent labor lawyer Tom Gonzalez conducted interviews with 29 people during a four-week investigation that led to Leavitt's firing Jan. 8.

Previously, USF provided only the final written report.

Silver addressed USF's denial of a public records request by Leavitt's attorney, Wil Florin, by taking the public records element out of the picture. Instead, Silver instructed the parties to operate within the procedure of civil law, giving USF five days to comply once Florin files a discovery request for the investigators' notes.

"I think it was a great day," Florin said.

In addition, USF has 10 days to comply with Florin's subpoena for all correspondence by USF officials pertaining to Leavitt's firing. McCrea said no such correspondence exists because university president Judy Genshaft and athletic director Doug Woolard do not use e-mail. Personal notes from USF General Counsel Steven Prevaux, however, are to be included.

Silver will review any documents USF thinks should be excluded for possible students' rights violations.

Silver deferred a ruling on whether the documents are public record.

USF spokesman Michael Hoad downplayed the significance of Wednesday's developments, calling them "lawyers playing lawyer games." USF officials have declined to comment on the case, but Genshaft and Woolard attended the hearing.

Leavitt was fired with cause after the school's investigation concluded he grabbed running back Joel Miller by the throat and struck him twice in the face during halftime of the Nov. 21 game against Louisville.

Leavitt is suing the school for breach of contract, claiming the university's investigation was "biased, flawed and legally unsupportable." Leavitt is seeking to recoup about $7.1 million. The university paid him $66,667 when it fired him with cause.