The long running saga of former Syracuse associate men’s basketball coach Bernie Fine continues. According to two former “ball boys” of the team, Fine sexually abused them in the 1980s. Syracuse stated that it investigated those claims in 2005 but was unable to corroborate them.
In 2011, plaintiffs’ claim became public when ESPN reported on the allegations against Fine. The ESPN story was apparently triggered by the scandal that exploded about the alleged sexual abuse of minors by former Penn State University assistant football coach Jerry Sandusky. In response to the ESPN story, Syracuse Men’s Head Basketball Coach Jim Boeheim made statements questioning the truthfulness of plaintiffs’ claims of sexual abuse. In some of his stronger statements, he called the accusers of Fine liars and stated that their allegations were financially motivated. In response, the plaintiffs commenced a defamation action against Boeheim and Syracuse University claiming that those statements were false and defamatory, causing them economic, emotional and reputational damages.
Like their vaunted and aggressive 2-3 zone defense, Boeheim and the University filed a pre-motion to dismiss arguing that the statements were only “opinions,” which are a form of protected speech. The Syracuse team prevailed in the preliminary rounds but lost in the finals before the Court of Appeals, New York’s highest court. In analyzing the statements, the Court held that they could be considered “factual assertions,” implying that the pair had lied, for financial gain, and had previously made similar statements for the same reason. The case continues, likely with a full exploration not only of the basis for the statements made by Boeheim but of the truthfulness of the allegations made the plaintiffs and the extent of their damages.
Syracuse may have lost in this pre-season [pre-answer] proceeding but we predict that the regular season [litigation] will be long, costly and exhausting for both sides.
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