Depositions and Appendix

Case 4:20-cv-00366-SMR-HCA Document 128-2 Filed 08/18/22 Page 1 of 466
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA
CENTRAL DIVISION
AKRUM WADLEY; JONATHAN Case No. 4:20-cv-00366

PARKER; MARCEL JOLY; AARON
MENDS; DARIAN COOPER; BRANDON
SIMON; JAVON FOY,
APPENDIX IN SUPPORT OF BRIAN
Plaintiffs, FERENTZ’S MOTION FOR SUMMARY
JUDGMENT REGARDING SECTION
vs. 1981 CLAIMS
UNIVERSITY OF IOWA, BOARD OF

REGENTS FOR THE STATE OF IOWA;
BRIAN FERENTZ; and CHRISTOPHER
DOYLE,
Defendants.
TABLE OF CONTENTS
Exhibit 1 – Aaron Mends Instagram post, 12/3/18............................................................ 1

Exhibit 2 – Dkt. 13-1, First Amended Complaint, 1/11/21 ................................................ 2
Exhibit 7 –Hawkeyes' appearance at Trump rally not a 'team' endorsement - Hawkmaina -
qctimes.com, 1/27/16 .....................................................................................................79
Exhibit 8 – A timeline of Colin Kaepernick kneeling in protest against police brutality - The
Washington Post, 8/26/20 ..............................................................................................82
Exhibit 9 – Roger Goodell responses to Trump's call to 'fire' NFL players protesting during
national anthem - The Washington Post, 9/23/17 ............................................................88
Exhibit 14 – Plaintiff Aaron Mends’ Objections and Answers to Defendants’ First Set of
Interrogatories, 9/30/21 (Interrogatory Nos. 8, 21, 23) .....................................................95
Exhibit 30 – Plaintiff Darian Cooper’s Objections and Answers to Defendants’ First Set of
Interrogatories, 9/30/21 (Interrogatory Nos. 8, 13, 18, 19) ............................................. 103
Exhibit 41 – Plaintiff Jonathan Parker’s First Amended Objections and Answers to
Defendants’ First Set of Interrogatories, 3/28/22 (Interrogatory Nos. 4, 9, 10) ................ 111
Exhibit 45 – Plaintiff Akrum Wadley’s Objections and Answers to Defendants’ First Set of
Interrogatories, 9/30/21 (Interrogatory Nos. 9, 10, 16, 23, 24, 25) .................................. 127
1
Exhibit 50 – Leistikow_ The Akrum Wadley interview I'll never forget – Hawk Central,
9/12/17 ........................................................................................................................ 137
Exhibit 62 – Walking away a winner - Sports - The Hawk Eye Newspaper - Burlington, IA,
11/14/17 ...................................................................................................................... 141
Exhibit 73 – Plaintiff Akrum Wadley’s First Amended Objections and Answers to
Defendants’ First Set of Interrogatories, 5/17/22 (Interrogatory Nos. 8, 9, 10, 16, 17, 18,
19) ................................................................................................................................ 143
Exhibit 75 – Plaintiff Marcel Joly’s Objections and Answers to Defendants’ First Set of
Interrogatories, 9/30/21 (Interrogatory Nos. 8, 16, 17) ................................................... 155
Exhibit 77 – Plaintiff Marcel Joly’s First Amended Objections and Answers to Defendants’
First Set of Interrogatories, 5/17/22 (Interrogatory Nos. 8, 15, 16, 17) ............................ 163
Exhibit 83 – Plaintiff Brandon Simon’s Objections and Answers to Defendants’ First Set of
Interrogatories, 9/30/21 (Interrogatory No. 8) ............................................................... 172
Exhibit 84 – Plaintiff Brandon Simon’s First Amended Objections and Answers to
Defendants’ First Set of Interrogatories, 6/17/22 (Interrogatory Nos. 8, 14, 23) .............. 177
Exhibit 86 – Plaintiff Javon Foy’s First Amended Objections and Answers to Defendants’
First Set of Interrogatories, 6/17/22 (Interrogatory Nos. 8, 11, 12) ................................. 186
Exhibit 87 – Plaintiff Javon Foy’s Objections and Answers to Defendants’ First Set of
Interrogatories, 9/30/21 (Interrogatory No. 8) ............................................................... 194
Excerpts from the Deposition of Aaron Mends, 3/22/22 ................................................ 199
Excerpts from the Deposition of Darian Cooper, 3/23/22 .............................................. 212
Excerpts from the Deposition of Jonathan Parker, 3/29/22 ............................................ 219
Excerpts from the Deposition of Akrum Wadley, 5/18/22 ............................................. 236
Excerpts from the Deposition of Marcel Joly, 5/19/22 ................................................... 251
Excerpts from the Deposition of Brandon Simon, 6/20/22 ............................................. 262
Excerpts from the Deposition of Javon Foy, 6/21/22 ..................................................... 267
Plaintiff Jonathan Parker’s Objections and Responses to Defendants’ First Requests for
Production of Documents to Plaintiff Jonathan Parker, 9/30/21 (Request Nos. 6, 9) ...... 274
Text message from Aaron Mends to Chris Doyle ........................................................... 279
Transcription excerpt from the Akrum Wadley by Legends of Kinnick podcast hosted by
Colin Cole, 11/18/19 .................................................................................................... 281
Medical records ............................................................................................................. 289
2
Videos
Exhibit 34 – December 19 2016 EZ Camera (video) ....................................................... 314
Exhibit 35 – December 19 2016 SL Camera (video) ........................................................ 315
Exhibit 48 – Akrum Wadley explains what Cy-Hawk win means to Brian Ferentz, 9/9/17
(video) .......................................................................................................................... 316
Exhibit 49 – Leistikow_ The Akrum Wadley interview I'll never forget, 9/12/17 (video) . 317
Exhibit 51 –Akrum Wadley’s proudest moments of 2017, 12/21/17 (video).................... 318
Exhibit 52 –Akrum Wadley proud of his career, but has regrets, 12/21/17 (video) .......... 319
Declarations and Affidavits
Affidavit of Brian Ferentz in Support of Motion for Summary Judgment ........................ 320
Declaration of Raimond Braithwaite in Support of Motion for Summary Judgment ........ 360
Declaration of Phil Parker in Support of Motion for Summary Judgment ........................ 364
Declaration of Russell Haynes in Support of Motion for Summary Judgment ................. 368
Declaration of Kammy Powell in Support of Motion for Summary Judgment ................. 370
Affidavit of Cindy Seyfer in Support of Motion for Summary Judgment Regarding Section
1981 Claims .................................................................................................................. 373
Darian Cooper’s financial aid documents (STATE 781-795) ........................................... 376
Aaron Mends’ financial aid documents (STATE 853-871) .............................................. 391
Brandon Simon’s financial aid documents (STATE 885-892) .......................................... 410
Jonathan Parker’s financial aid documents (STATE 872-884) ......................................... 418
Marcel Joly’s financial aid documents (STATE 828-845) ................................................ 431
Akrum Wadley’s financial aid documents (STATE 905-917) .......................................... 449
3
Dated: August 18, 2022 Respectfully submitted,
/s/ Roger W. Stone

Roger W. Stone AT0007519
Jeffrey A. Stone AT0008829
Simmons Perrine Moyer Bergman PLC
115 Third Street S.E., Suite 1200
Cedar Rapids, IA 52401-1266
Telephone: (319) 366-7641
Facsimile: (319) 366-1917
Email: rstone@spmblaw.com
jstone@simmonsperrine.com
Attorneys for Defendant Brian Ferentz
Thomas J. Miller
Attorney General of Iowa
/s/ Jeffrey S. Thompson

Jeffrey S. Thompson
Solicitor General
/s/ Jeffrey C. Peterzalek

Jeffrey C. Peterzalek
/s/ Christopher J. Deist

Christopher J. Deist
Assistant Attorneys General
Department of Justice-Special Litigation
Hoover State Office Building
Des Moines, IA 50319
jeffrey.thompson@ag.iowa.gov
jeffrey.peterzalek@ag.iowa.gov
christopher.deist@ag.iowa.gov
Attorneys for Defendants
4
CERTIFICATE OF SERVICE
I hereby certify that on August 18, 2022, I filed the foregoing with the Clerk of Court by
using the ECF system which will send notification of such filing to the following:
Damario Solomon-Simmons
Kymberli J. Heckenkemper
Solomon Simmons Law, PLLC
601 S. Boulder Ave., Ste. 600
Tulsa, OK 74119
dss@solomonsimmons.com
kheckenkemper@solomonsimmons.com
Christian Dennie
Barlow Garsek & Simon, LLP
920 Foch Street
Fort Worth, TX 76107
cdennie@bgsfirm.com
Beatriz Mate-Kodjo
BMK Law Firm, PLLC
1910 Washington St., Ste. 100
Pella, IA 50219
beatriz@mate-kodjo-law.com
Attorneys for Plaintiffs
Thomas J. Miller, Attorney General of Iowa

Jeffrey S. Thompson
Jeffrey C. Peterzalek
Christopher J. Deist
Samuel P. Langholz
Department of Justice-Special Litigation
Hoover State Office Building
Des Moines, IA 50319
jeffrey.thompson@ag.iowa.gov
jeffrey.peterzalek@ag.iowa.gov
christopher.deist@ag.iowa.gov
sam.langholz@ag.iowa.gov
Attorneys for Defendants
/s/ Roger W. Stone
5
App. 1 Exhibit 1
Case
Case4:20-cv-00366-SMR-HCA
4:20-cv-00366-SMR-HCA Document
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IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF IOWA
AKRUM WADLEY, JONATHAN

PARKER, MARCEL JOLY, AARON
MENDS, MAURICE FLEMING,
REGGIE SPEARMAN, KEVONTE
MARTIN-MANLEY, DARIAN Case No. 4:20-CV-366
COOPER, LARON TAYLOR,
BRANDON SIMON, JAVON FOY,
ANDRE HARRIS, and TERRENCE FIRST AMENDED COMPLAINT
HARRIS,
(Jury Demand)
Plaintiffs,
vs.

REGENTS FOR THE STATE OF
IOWA, GARY BARTA, KIRK
FERENTZ, BRIAN FERENTZ,
CHRISTOPHER DOYLE, and
RAIMOND BRAITHWAITE,
Defendants.
NOW COME the Plaintiffs, Akrum Wadley, Jonathan Parker, Marcel Joly, Aaron
Mends, Maurice Fleming, Reggie Spearman, Kevonte Martin-Manley, Darian Cooper,
LaRon Taylor, Brandon Simon, Javon Foy, Andre Harris, and Terrence Harris (hereinafter
collectively “Plaintiffs”), and file their F irst Am ended Complaint complaining o f the acts
o f the University o f Iowa, the Board o f Regents for the State o f Iowa, Gary Barta, Kirk
Ferentz, Brian Ferentz, Christopher Doyle, and Raimond Braithwaite (hereinafter
collectively “Defendants”). Plaintiffs respectfully report their causes o f action to this
Honorable Court as follows:
App. 2 Exhibit 2
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INTRODUCTION
“Only a dumb ass black player would do it like that1” 1
1. This action arises out o f years o f targeted discriminatory behavior the
University o f Iowa’s Football Coaching Staff and Administration directed at African-
American student-athletes within the football program (“P ro g ram ”). Since 1998, African-
American student-athletes in the Program have been victims o f pervasive harassment,
bullying, policies causing disparate treatment, and race-based threats perpetrated by the
Iowa football coaching staff. The illegal and unjust actions described herein adversely
impacted the Plaintiffs’ ability to receive and fully take advantage o f the high-quality
education and experience the Defendants promised each o f them.
2. Allegations o f continuous racial discrimination against the Program began to
resurface in the wake o f the atrocious murder o f George Floyd by Minneapolis, Minnesota
police officers. Seizing the opportunity to finally be heard, millions o f Black people from
all walks revealed painful stories o f racism and discrimination that they were too fearful to
discuss before.2
3. On June 5, 2020, James Daniels, a current National Football League player
and former University o f Iowa football player, tweeted that “[t]here are too many racial
1 Iowa Football Coach Brian Ferentz made this statement to Plaintiff Jonathan Parker in front of
the entire team and coaching staff during an open football practice during the Fall of 2016.
2 See e.g., Jessica Guynn, George Floyd protests lead to reckoning as Black employees speak out
on racism and discrimination in the workplace, USA Today (updated June 18, 2020),
https ://www.usatoday .com/story/money/2020/06/17/george-floyd-protests-black-lives-matter-
employees-corporate-america-racism/3195685001/.
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disparities in the Iowa football program Black players have been treated unfairly for far
too long.” 3
4. Following Mr. Daniels’ comments, more than sixty (60) former Iowa football
athletes, including Plaintiffs, have come forward thus far with their racially biased
experiences while playing football at Iowa.
5. Each former Iowa football player described bullying, disparate treatment,
discrimination, and threats made by the Iowa football coaching staff under the direction o f
Head Coach Kirk Ferentz.
6. Under the watchful eye o f Kirk Ferentz, Iowa football coaching staff utilized
racially discriminatory and punitive means to force African-American athletes into strict
compliance with the Program’s racist philosophy that effectively stripped away every
cultural aspect o f being an African-American.
7. Not only was Kirk Ferentz aware o f players’ concerns o f discriminatory
treatment o f African-American athletes within his Program, he also witnessed, tolerated,
and enabled most, if not all, instances o f race discrimination against African-Americans.
For instance, Kirk Ferentz heard his son, Coach Brian Ferentz, call Plaintiff Jonathan
Parker a “dumbass black player” in front o f the entire team and coaching staff during an
open football practice. Yet when Jonathan complained, Kirk Ferentz told Jonathan he was
aware o f and heard the racist comment made by Brian Ferentz, but would not side with an
athlete over his coaches and ordered Jonathan to apologize to Brian Ferentz.
3 James Daniels (@jamsdans), Tw it t e r (June 5, 2020, 7:08 PM),

https://twitter.com/jamsdans/status/1269058668663844864.
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8. Despite actual and constructive knowledge o f race discrimination within the
Program, on June 11,2020, Coach Kirk Ferentz publicly stated he had a “blind spot”4 when
referring to the racial disparities and bullying in the Program for which he has been
responsible for over twenty (20) years.
9. A July 2020 investigation Iowa sanctioned and paid for —conducted by the
law firm Husch Blackwell, LLP (“Law Firm”) - found “in sum, the program’s rules
perpetuated racial and culture biases and diminished the value o f cultural diversity. The
program over-monitored players to the point that they experienced heightened anxiety and
maintained a culture that allowed a small group o f coaches to demean players.” 5
10. In response to a previously secret 2019 internal report, on July 20, 2020
Coach Kirk Ferentz admitted he “dropped the ball”6 by failing to make necessary and
effective changes to correct the culture o f “racial or cultural biases”7 against African-
American players described in the Report o f External Review: F ootball Program Culture,
University o f Iowa (“Law Firm Report”).
4 Adam Rittenberg, Iowa’s Kirk Ferentz admits 'blind spot' on black players' issues, vows to
improve environment, ESPN (June 12, 2020), https://www.espn.com/college-
football/story/_/id/29304234/iowa-kirk-ferentz-admits-blind-spot-black-players-issues-vows-
improve-environment.
5 Husch Blackwell, LLP, Report o f External Review - Football Program Culture, University o f
Iowa (July 30, 2020).
6 Adam Rittenberg, Internal report alleges racial discrimination against Black athletes at Iowa,
ESPN (July 20, 2020), https://www.espn.com/college-football/story/_/id/29502876/intemal-
report-alleges-racial-bias-black-athletes-iowa.
Iowa (July 30, 2020).
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11. The daily grind o f enduring targeted negative and discriminatory treatment,
comments, and threats made it virtually impossible for African-American athletes to focus
on their education and, thus, African-American athletes were denied the benefits o f a high-
quality education and subjected to continuous discrimination at Iowa based on their race.
Numerous African-American football athletes fled Iowa and transferred to other less
prestigious institutions o f higher learning where many ultimately graduated. However, if
they remained at Iowa, they were unfairly demeaned, humiliated, and dehumanized.
12. The Program, through its coaches and administrators, maintained complete
control over the Plaintiffs while they were athletes on campus and also maintained a
foothold in their careers after college football. Dr. Robert W. Turner II, a former college
and professional football and current professor at George Washington University,
explained in his book, N ot fo r Long: The Life and Career o f the NFL Athlete, that college
football athletes are heavily under the control and scrutiny o f college coaches as a result o f
what he calls a “total institution”. Under a “total institution”, there is a “deterioration o f
the kinds o f boundaries that ordinarily separate where individuals sleep, play, and w ork....
[A] total institution commands control over every aspect o f a subject’s life [and, thus, the]
institution coerces an individual into surrendering that control.”8 Dr. Turner further
explains as follows:
The casual observer may not classify NCAA Division I football

programs as total institutions but consider that all aspects o f elite
college football players’ lives are conducted under a single authority.
Coaches and athletic support staff have significant influence over the
8 Turner II, Robert W., Notfo r Long: The Life and Career o f the NFL Athlete, at 71 (Oxford Univ.
Press 2018).
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players’ schedules, where they sleep, their transportation, when to eat,

what to eat, workout routines, class schedules, homework schedule,
academic majors, and social circles. They set behavioral guidelines
and team rules for players, and coaches and institutional enablers take
the steps necessary to confirm that the athletes comply with the
increasingly stringent rules....
***
I can only recall one time that I witnessed a college teammate

challenge the system, and things deteriorated rapidly. Our starting
safety at [James Madison University] refused to heed the head coach’s
demands, even as the other defensive backs complied. A few days
later, his locker was em pty.... Several o f my teammates and I pleaded
with him to suck it up and acquiesce to the coach’s demands for the
good o f the team ....
***
Athletes are keenly aware that they must do everything they possibly
can to stay in the coach’s favor.... Athletes and coaches alike
recognize that the threat o f losing a scholarship combined with the
overabundance o f high school players who didn’t make it to college
and college players in lower divisions who dream o f playing major
college football are strong incentives for current players to conform
to team and NCAA rules.9
When Plaintiffs reached out to assistant coaches and administrators about the Program’s
culture o f disparate treatment and racial harassment, they were uniformly told not to step
forward out o f fear that the athletes would be “blackballed”, “ru noff’, and “sent back to
the ghetto”. Facing the loss o f coveted playing time and a scholarship at a top academic
institution, the Plaintiffs were forced to endure and shoulder the burden o f the daily
discriminatory actions o f the coaches and administrators within the Program. The control
the Program’s coaches and administrators extended well beyond the playing field and into
9 M a t 72, 73, 80 & 81.
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the Plaintiffs’ professions. The Plaintiffs recognize the Program’s coaches and
administrators, through their words and actions, had the ability to harm their transfer
prospects, potential professional football playing careers, coaching careers, or both. The
Plaintiffs feared stepping forward while playing for the Program because the Program’s
coaches and administrators could disparage them to professional scouts reducing their
opportunity to play professionally and speak ill o f them when seeking to obtain competitive
coaching positions. Any such comment by a coach or administrator is a death knell in the
sports community when seeking a finite number o f positions.
JURISDICTION AND VENUE
13. This court has subject matter jurisdiction under 28 U.S.C. § 1331 and 28
U.S.C. § 1343(a)(3). This court has supplemental jurisdiction to hear and decide the
pendent state law claims under 28 U.S.C. § 1367.
14. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c)
because some or all violations giving rise to the claims herein occurred in this District.
PARTIES
“Being an Iowa football player was a daily struggle for black players. We were
punished for no apparent reason, singled out by coaches, and threatened and ridiculed
every day. It is hard to explain how difficult it was. Think about being under pressure
every day for 4 years solely because o f your race. That is how it was for me and my
black teammates. wl°
A. Named Plaintiffs.1
0
Iowa (July 30,2020).
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15. Plaintiff, Akrum W adley (“A krum ”), is a former member o f the University
o f Iowa football team. Akrum matriculated at the University o f Iowa in 2013 and was a
member o f the football team from 2013 through 2017. Akrum resides in Lawrenceville,
Georgia.
16. Plaintiff, Jonathan Parker (“Jonathan”), is a former member o f the
University o f Iowa football team. Jonathan matriculated at the University o f Iowa in 2013
and was a member o f the football team from 2013 through 2016 before transferring to
Northern Illinois University. Jonathan resides in Florissant, Missouri.
17. Plaintiff, Marcel Joly (“Marcel”), is a former member o f the University o f
Iowa football team. Marcel matriculated at the University o f Iowa in 2014 and was a
member o f the football team from 2014 through 2017. Marcel resides in Laurel, Maryland.
18. Plaintiff, Aaron Mends (“Aaron”), is a former member o f the University o f
Iowa football team. Aaron matriculated at the University o f Iowa in 2014 and was a
member o f the football team from 2014 until December 2018 before transferring to Illinois
State University. Aaron resides in Kansas City, Missouri.
19. Plaintiff, Maurice Fleming (“Maurice”), is a former member o f the
University o f Iowa football team. Maurice matriculated at the University o f Iowa in 2012
and was a member o f the football team from 2012 through 2015 before transferring to West
Virginia University. Maurice resides in Chicago, Illinois.
20. Plaintiff, Reggie Spearman (“Reggie”), is a former member o f the University
o f Iowa football team. Reggie matriculated at the University o f Iowa in 2013 and was a
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member o f the football team in 2013 before transferring to Illinois State University and
then to Grand Valley State University. Reggie resides in Burnham, Illinois.
21. Plaintiff, Kevonte Martin-Manley (“Kevonte”), is a former member o f the
University o f Iowa football team. Kevonte matriculated at the University o f Iowa in 2010
and was a member o f the football team from 2010 through 2015. Kevonte resides in
Phoenix, Arizona.
22. Plaintiff, Darian Cooper (“P a ria n ”), is a former member o f the University
o f Iowa football team. Darian matriculated at the University o f Iowa in 2011 and was a
member o f the football team from 2011 through 2016. Darian resides in Burtonsville,
Maryland.
23. Plaintiff, LaRon Taylor (“L aR on”), is a former member o f the University o f
Iowa football team. LaRon matriculated at the University o f Iowa in 2012 and was a
member o f the football team from 2012 through summer 2014 before transferring to
Youngstown State University. LaRon resides in Detroit, Michigan.
24. Plaintiff, Brandon Simon (“B randon”), is a former member o f the University
o f Iowa football team. Brandon matriculated at the University o f Iowa in 2016 and was a
member o f the football team from 2016 through January 2019 before transferring to Illinois
State University. Brandon resides in Normal, Illinois.
25. Plaintiff, Javon Foy (“Javon ”), is a former member o f the University o f Iowa
football team. Javon matriculated at the University o f Iowa in 2019 and was a member of
the football team from 2019 through January 2020 before transferring to Iowa Central
Community College. Javon resides in Fort Dodge, Iowa.
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26. Plaintiff, Andre Harris (“A ndre”), is a former member o f the University o f
Iowa football team. Andre matriculated at the University o f Iowa in 2013 and was a
member o f the football team in 2013 before transferring to Eastern Illinois University.
Andre resides in Olathe, Kansas.
27. Plaintiff, Terrence Harris (“T errence”) is a former member o f the University
o f Iowa football team. Terrence matriculated at the University o f Iowa in 2014 and was a
member o f the football team from 2014 through June 2016 before transferring to
Lackawanna College and ultimately enrolling at Rutgers University to finish his higher
education.
B. Named Defendants.
28. Defendant, University o f Iowa (“Iowa”), is an institution o f higher learning
in Iowa City, Iowa, established and operated in accordance with Iowa Code Chapter 263.
29. Defendant, Board o f Regents for the State o f Iowa (“B oard”), governs the
university and has a principal place o f business in Polk County, Iowa, and operates in
accordance with Iowa Code Chapter 262.
30. Defendant, State o f Iowa, maintains its principal place o f business in Des
Moines, Polk County, Iowa.
31. Gary Barta (“B arta”). is an individual and the athletics director for the
University o f Iowa. Barta has been the athletics director for the University o f Iowa from
August 2006 to present. At all times material hereto, Barta acted and continues to act under
color o f state law. Barta is sued in his individual capacity.
10
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32. Defendant, Kirk Ferentz (“K. Ferentz”). is an individual and the head
football coach for the University o f Iowa. K. Ferentz has been the head football for the
University o f Iowa from December 2, 1998 to present. A t all times material hereto, K.
Ferentz acted and continues to act under color o f state law. K. Ferentz is sued in his
individual capacity.
33. Defendant, Brian Ferentz (“B. Ferentz”). is an individual and the offensive
coordinator and assistant football coach for the University o f Iowa. B. Ferentz has been an
assistant football coach for the University o f Iowa from 2012 to present. At all times
material hereto, B. Ferentz acted and continues to act under color o f state law. B. Ferentz
is sued in his individual capacity.
34. Defendant, Christopher Doyle (“Doyle”), is an individual and the former
head strength and conditioning coach for the University o f Iowa. Doyle served as the head
strength and conditioning coach for the University o f Iowa from 1999 to June 15, 2020. At
all times material hereto, Doyle acted under color o f state law. Doyle is sued in his
individual capacity.
35. Defendant, Raimond Braithwaite (“Braithwaite”), is an individual and
current interim strength and conditioning coach for the University o f Iowa. Braithwaite
was a member o f Iowa’s strength and conditioning team in 2002-2004. Braithwaite
returned to the Program in or about 2008 and remains as o f the date o f the instant filing. At
all times material hereto, Braithwaite acted and continues to act under color o f state law.
Braithwaite is sued in his individual capacity.
COMMON FACTUAL ALLEGATIONS
11
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“A number o f African American student-athletes interviewed reported that they did not
see the *Iowa culture’ (i.e., the difference in treatment between African American and
White student-athletes or the inability for African Americans to be themselves) on their
recruiting trip and if they had, they would have never committed to [Iowa]. ”n
36. Iowa is a public research institution in Iowa City, Iowa founded in 1847.
Iowa is often recognized as one o f the top institutions o f higher learning in the United
States and is one o f only sixty-five (65) elected members o f the Association o f American
Universities. In addition to offering more than two hundred (200) areas o f study and seven
(7) professional degrees, Iowa offers twenty-two (22) intercollegiate athletic teams
competing in Division I o f the National Collegiate Athletic Association (“NCAA”) and is
a member o f the Big Ten Conference (“Conference”!.
37. The Iowa athletics department (“Iow a A thletics”!, through their affiliation
with the Conference, competes among the highly lucrative and competitive Power 5, which
is a group o f colleges and universities with the most prestigious and lucrative athletics
departments in the United States.
38. Iowa first played football as a club sport in 1872, but it was not until 1889
that Iowa first recognized a varsity football team. Today, the Iowa football team competes
in the West Division o f the Conference and plays its home games in Iowa City, Iowa, at
Kinnick Stadium.1
11 University of Iowa Diversity Task Force Report (2018-19),

https://www.hawkeyenation.eom/app/uploads/2020/07/Full-UI-Diversity-Task-Force-Report.pdf.
12
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39. The Iowa football team is coached by K. Ferentz, who has been the head
football coach for twenty-one (21) seasons. K. Ferentz’s is the longest current tenured
head coach in NCAA Division I Football Bowl Subdivision.
40. K. Ferentz was hired as the head football coach o f Iowa on December 2,
1998. Since that time, he has amassed a record o f 162-104, won two Conference
championships (2002 and 2004), and has been named Conference Coach o f the Year four
times (2002, 2004, 2009, 2015), AP College Football Coach o f the Year (2002), Walter
Camp Coach o f the Year (2002), Bobby Dodd Coach o f the Year (2015), and Eddie
Robinson Coach o f the Year (2015).
41. A s a result o f K. Ferentz’s success as the head football coach at Iowa, Iowa
Athletics and Iowa administrators, including Barta, turned a blind eye to the known
discriminatory culture and systematic racism occurring within the Program.
42. In 1999, K. Ferentz hired Christopher Doyle (“Doyle”) to serve as the Head
Strength and Conditioning Coach for Iowa Athletics. Doyle oversaw the training o f the
Iowa football team and associated athletes. Doyle quickly ascended to be K. Ferentz’s
“right hand man”12 and chief confidant. In highlighting the influence o f Doyle within the
12 Articles from numerous sports media outlets extensively described Doyle as K. Ferentz’s “right-
hand man” and noted Doyle’s influence within the Program. See e.g., Matt Howe, Chris Doyle
releases statement after departure from Iowa, 247SPORTS (June 15, 2020, 11:21 AM),
https://247sports.com/Article/Chris-Doyle-Iowa-Hawkeyes-football-releases-statement-after-
separation-agreement—148187938/.
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Program, former Iowa safety Diauntae Morrow explained, “[i]f Kirk is the CEO, Chris
Doyle is the COO.” 13
43. As strength and conditioning coach, Doyle played an integral role in the
development o f student-athletes and had access to athletes when coaches on the Iowa
football staff were not permitted to work with athletes per NCAA rules.
44. Under the watch and blessing o f K. Ferentz, Doyle racially harassed,
unnecessarily demeaned, and relentlessly bullied African-American football athletes at
Iowa under the guise o f asserting the “Iowa W ay.”
45. The “Iowa Way” was a “dog whistle” code word for a racially discriminatory
program that singled out African-American athletes and forced them to conform to White
culture, norms, and customs or suffer harsh punishment. African-American athletes were
ridiculed, threatened, and bullied as a result o f having common African-American
hairstyles, dictation, dress, and customs. All the while, White student-athletes were
permitted to have long hair, long beards, and other styles commonly associated with White
culture and dress.
46. As aptly explained in the text o f the CROWN Act o f 2020, H.R. 5309, society
has historically used hair texture and hairstyle, in conjunction with skin color, to classify
and discriminate against individuals on the basis o f race, and, notably, that people o f
13 Teddy Greenstein, What’s nextfor Iowa football?, Ch i c a g o Tr i b u n e (June 09,2020,9:35 AM),

https://www.chicagotribune.com/sports/college/ct-iowa-football-kirk-ferentz-chris-doyle-
20200609-v354a53pi5eedk4hf4du4y41qa-story.html.
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African descent are deprived o f educational opportunities for wearing Black hairstyles such
as afros, braids, twists, and locks.14
47. African-American athletes were more harshly, if not exclusively, punished
or reprimanded for menial “disruptions” like singing, dancing, or “looking funny.”
48. K. Ferentz further exacerbated racial disparities within the Program by
installing his son, B. Ferentz, as offensive line coach and offensive coordinator in 2012 and
2017, respectively. He was only thirty-three (33) years old when he was promoted to
offensive coordinator over more senior and qualified African-American coaches on K.
Ferentz’s staff at the time.
49. B. Ferentz discriminated against, bullied, demeaned, and harassed African-
American football athletes almost daily.
50. Being an African-American athlete in the Program was a daily struggle that
put immense pressure and trauma on African-American student-athletes merely to survive
each day. Doyle and B. Ferentz would commonly say things like:
v «n*****«
• “what gang is he in” when referring to African-American athletes,
• “dumbass black player”,
• “you are not smart at all”,
• “stupid motherfucker”,
• “go back to the ghetto”, and
14 CROWN Act of 2020, H.R. 5309, 116th Cong. (2020); see also Corinn Jackson, You Can’t
Touch My Hair: California Bans Racial Discrimination Based on Hairstyle with CROWN Act,
Littler (July 12, 2019) (explaining that “the legislation stems from America’s history of laws and
societal norms that considered ‘blackness’ to be unprofessional and instead linked professionalism
to European features and mannerisms. . . . [And] while American society has made progress,
African-American hair and the styles associated with black hair can still often be a focus of
discrimination and therefore, a proxy for racial discrimination.”).
15
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• stating an African-American athlete looked like he was going to “rob

a liquor store” while wearing Iowa football team issued apparel.
51. In a heated verbal exchange with Plaintiff Maurice Fleming, Doyle
repeatedly said with a smirk on his face “this n*****, this n*****, this n*****,” to the
shock o f Mr. Fleming.
52. B. Ferentz openly told Plaintiff Akrum Wadley and other African-American
running backs o f Ferentz’s recruiting trip to visit Ihmir Smith-Marsette, then a highly-
touted receiver out o f the same Newark, New Jersey high school attended by Wadley. B.
Ferentz recounted that while his brother-in-law (who had accompanied B. Ferentz on the
trip) expressed nervousness about the high number o f African-Americans around the high
school, B. Ferentz was not nervous at all and affirmed his belief that no African-Americans
would bother him because he “looked like a cop.”
53. African-American athletes were commonly referred to as “stupid” “hood”
and “dumb.”
54. These comments were made in open forums during team meetings and at
practice regularly, if not daily, in the presence o f K. Ferentz, other coaches, and teammates.
55. If African-American student-athletes experiencing or witnessing
discrimination chose not to “turn the other cheek,” they were punished, threatened with
losing their scholarships, and told racist comments like “go back to the ghetto.”
56. Per a White football player’s account, African-American football players
were disproportionately targeted for “random” drug tests in comparison to their White
teammates.
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57. Per a current African-American player’s account to the investigators in the
Law Firm Report, African-American players are treated differently than White players.
Said player described “an incident where he was yelled at extensively, kicked out o f
training, and required to do ten (10) hours o f community service for spitting on the turf—
whereas he indicated White players did not receive this response to spitting. According to
the player, White players have spit ‘plenty o f times’ on the turf and not been ‘cussed at’ or
thrown out o f a weight training. This player’s recollection was supported by a former coach
and two current players who witnessed the incident and observed White players engaging
in similar behavior without punishment.”
58. African-American players, in contrast to their White teammates, were
disproportionately subjected to a form o f punishment in which coaches commanded
African-American players to repeatedly run a drill requiring them to run, full-speed, right
at one another and collide.
59. Moreover, members o f the coaching staff refused to address instances o f
racially-derogatory statements, including the use o f the word “nigger” by White players
while in the presence o f coaches and African-American players, let alone address racially-
derogatory statements made by other coaches.
60. While White teammates were permitted to rest, recover, and heal, African-
American players were ridiculed for their injuries and pressured to play while injured under
explicit threats by coaches, including threats o f loss o f individual scholarships. White
players, however, were not subject to similar threats by the coaching staff.
17
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61. During the years in which the Program permitted players to have active social
media profiles, African-American athletes’ posts were unequally scrutinized by coaching
staff in comparison to White football athletes. Coaches frequently displayed African-
American players’ social media posts and humiliated them for how “stupid” they sounded
for their use o f non-White vernacular.
62. While White players, for example, were never prohibited from or
reprimanded for posting pictures featuring firearms to social media, African-American
players were instructed by K. Ferentz and other coaches to take down similar photos. In at
least one instance in which K. Ferentz instructed an African-American athlete to take down
a social media post, he told said African-American player, “What would an eighty-year-
old white man think o f this photo?” K. Ferentz and other coaches and administrators within
the Program never offered the same or similar statements to White football players.
63. At all times material hereto, K. Ferentz, citing team rules, prohibited Iowa
football players from publicly expressing their political views and ordered players to “stick
to football.” K. Ferentz and other coaches and staff within the Program more frequently
referenced these team rules in light o f athletes kneeling during the National Anthem, a
silent protest in opposition to police brutality o f unarmed Black persons across America.
64. Per the aforementioned team rules, African-American football players were
prohibited from kneeling during the playing o f the National Anthem before Iowa football
games, both home and away.
65. However, White football players were not subject to the same treatment with
respect to certain political views. In one instance, despite the Program’s use o f the rules
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prohibiting political expression to suppress potential demonstrations by African-American
football players and their allies in protest o f police brutality, a group o f White teammates
created and personally delivered a custom-made Iowa football jersey to President Donald
J. Trump at a political rally in Iowa while holding signs identifying the team moniker in
support o f the President:
66. In response, many African-American football athletes decried the double
standard in enforcement o f team rules regarding political expression, particularly in light
o f President Trump’s vitriolic statements in opposition to player-protests over police
brutality, including reference to NFL player-protesters as “son[s] o f . .. bitch[es].”
67. K. Ferentz and other coaches and administrators, however, never addressed,
let alone reprimanded, the clear violation o f team rules by said group o f White players.
Doyle and B. Ferentz, through instructions from K. Ferentz, harassed and discriminated
against African-American athletes continuously. African-American athletes were made to1

5
15 https://khak.com/trump-gets-support-from-iowa-football-players/
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feel like second-class citizens and widgets that were easily pushed out o f the Program
without issue.
68. African-American student-athletes, including Plaintiff Akrum Wadley, were
made to drink protein shakes and electrolyte drinks until they vomited by the Iowa football
coaching staff in order “to make weight.”
69. The daily grind o f enduring negative treatment, comments, and threats made
it virtually impossible for African-American athletes to focus on their education and, thus,
African-American athletes were denied the benefits o f a high-quality educational
experience from an elite academic institution as they were promised.
70. K. Ferentz, with the help o f Doyle and B. Ferentz, created and perpetuated a
pervasive and severe systemic culture intended to (and did) treat African-American
student-athletes differently than their White teammates.
71. The Program’s culture o f disparate treatment o f African-Americans caused
and perpetuated a racial divide between African-American and White teammates. Said
divide was apparent to Plaintiffs during their time at Iowa, as the following photograph
taken by Plaintiff Aaron Mends pointedly shows.
20
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72. On several occasions, African-American student-athletes, their parents, and
Leadership Group, approached K. Ferentz about the racial injustices within the Program.
73. Per the Law Firm Report, one o f the football coaches, who confirmed the
existence o f disparate treatment within the Program, told K. Ferentz o f the discriminatory
culture within the Program on at least two (2) separate occasions over the last four (4) years
with no resulting change.
74. K. Ferentz allowed comments and discriminatory treatment to occur day-to-
day for over twenty (20) years.
75. Multiple coaches and staff during K. Ferentz’s tenure, consisting o f African-
Americans and Whites, have privately acknowledged to African-American players,
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including Plaintiffs, the repeated instances o f disparate treatment and racially-charged
hostile environment. However, wary o f K. Ferentz’s power within the landscape of
collegiate and professional football, few, if any, openly repudiated the Program’s
discriminatory culture for fear o f being blackballed from coaching opportunities.
76. The coaching sta ffs fears o f being blackballed for speaking out against the
Program’s discriminatory culture, in turn, discouraged African-American players from
doing the same. As best explained by an anonymous Power 5 player quoted in an article
by The Guardian over player opt-outs at the beginning o f the COVID-19 pandemic:
“[I]f a coach wants to, they can find ways to push players out o f the
program. Even if you were planning to transfer afterwards, you have
to ask yourself how coaches at other universities might view you. You
risk being blackballed as a player. Everybody knows everybody in the
coaching industry, and all it takes is one call for your chances to be
ruined at a potential program [unless you’re a star].”16
77. For Plaintiffs, speaking publicly against the discriminatory practices in K.
Ferentz’s Program not only meant risking opportunities for renewed careers at transferee
schools, but post-college professional opportunities as well, whether football-related or
otherwise. Thus, due to their legitimate fear o f retribution, Plaintiffs chose not to speak out
publicly, some for years after their college playing careers, until the summer o f 2020 in the
wake o f George Floyd’s murder and Iowa own admission o f having a racially biased
football environment.
16Nathan Kalman-Lamb, et al., We are being gaslit’: Collegefootball and Covid-19 are imperiling
athletes, The Guardian (Aug. 3, 2020), https://www.theguardian.eom/sport/2020/aug/03/college-
football-coronavirus-athletes.
22
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78. Immediately following the university’s release o f Plaintiffs’ demand letter in
late October,17 a former Iowa coach sent one Plaintiff a text message (see below)
suggesting that said Plaintiff’s life related to football, whether concerning professional
aspirations as a player or future coaching opportunities, would end as a result o f his
involvement in the instant case.
Sun, O ct 18, 3 :4 5 PM
U d u m b bro
U m ig h t as w ell n o t play in th e
s p rin g league
Sun, O ct 18, 5 :0 5 PM
U ju s t b la c k b a lle d y o u rs e lf b ro
M o n r O c t 19, 8 :0 3 AM
You g o tta try and g e t ur nam e

o u t o f th a t
Q ©) iM e ssa g e 0
17 Chad Leistikow, Eight former University o f Iowa football players seek $20 million, Kirk
Ferentz’s firing over racial discrimination, Des Moines Register (Oct. 18, 2020, updated Oct. 20,
2020), https://www.desmoinesregister.eom/story/sports/college/iowa/football/2020/10/18/eight-
former-hawkeyes-demands-letter-seeks-kirk-ferentz-firing-racial-discrimination-gary-barta/3697
431001/.
23
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79. During Kirk Ferentz’s tenure, there have existed gross statistical disparities
in graduation and transfer rates between African-American football student-athletes and
White football student-athletes. Said statistical disparities are the consequences o f the
Program’s racially-charged hostile education environment, wherein African-American
football student-athletes, including Plaintiffs, were subjected to severe, pervasive, and
objectively offensive acts o f intentional discrimination on the basis o f race.
80. According to a 2018 study by the USC Race and Equity Center, graduation
rates for African-American male student-athletes at Iowa rank near the bottom among its
Big Ten peers when compared to the graduation rates o f all athletes and the entire student
body at those institutions. The study indicated that only forty-one percent (41%) o f
African-American male student-athletes graduated from Iowa, in stark contrast to the
seventy-seven percent (77%) graduation rate for all student athletes.
81. In 2018, in response to Iowa ranking at the bottom o f the Conference in
graduation rates amongst African-American athletes (i.e., forty-two percent (42%)), Barta
directed Iowa Athletics to form the UI Athletics D iversity Task Force (“T ask Force”),
which was an internal group o f people who interviewed athletes, administrators, and
coaches and, ultimately, drafted a written report.
82. Although the UI Athletics D iversity Task Force Report18 (“R eport”! was
prepared and disseminated internally sometime in 2019, it was not until mid-July 2020 that
such report was made publicly available.1

8
18 University of Iowa Diversity Task Force Report (2018-19),

https://www.hawkeyenation.com/app/uploads/2020/07/Full-UI-Diversity-Task-Force-Report.pdf.
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83. The Report confirms the circumstances described by Plaintiffs. In pertinent
part, the Report states as follows:
• “African American student-athletes do not feel comfortable being their

authentic selves....”
• “I was told by my coach to change m y hairstyle because it did not fit the Iowa
culture. I can’t be free. I feel like a slave to the system.”
• “Nearly all African American student-athletes interviewed used the term

“double-standard” to describe the difference between how African
American student-athletes are treated in relation to their White peers.”
• “Nearly all o f the African American student-athletes interviewed believe that

one o f the predominant reasons that African America student-athletes leave
is because o f the way they are talked to by coaches and some support staff
while their White peers are not subjected to the same negative interactions.”
• One White student-athlete mentioned that African American athletes

are ‘tested more for drugs’ than White student-athletes, and ‘White
student-athletes stay o ff the radar.’”
• “Many student-athletes, both White and Black, believe there is a short

period of time to make a good impression and that the margin of error
is perceived to be much smaller for African American student-athletes.”
• “ ’[Pjunishments are not equal based on race ’.”
• “White student-athletes were more likely to be described as being from a

‘two parent home’, ‘good upbringing’, ‘smart’, ‘tough’, ‘talented’, whereas
African American student-athletes were described by their “socio-economic
background’, ‘tough upbringing’, or ‘at risk’.... [Cjoaches were more likely
to discuss what African American athletes can do for the University, and less
about what the institution, Athletics, and their team can do to help the
student-athlete.”
84. Despite the Report, Defendants did little, if anything, to address rampant
discrimination, racial inequality, and systematic harassment and bullying.
25
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85. K. Ferentz operated a football program found to be undisputedly “culturally
biased” and “unfair” towards African-American student-athletes with no effective
oversight from anyone including his superior, Barta.
86. K. Ferentz, Doyle and B. Ferentz, were left to continue to wreak havoc on
the lives o f young African-American men who were seeking a world-class educational
experience and the opportunity to compete at the highest level o f intercollegiate football.
87. Numerous athletes have come forward and publicly stated they met with K.
Ferentz to address the racial inequities in the Program, to which K. Ferentz shrugged and
moved forward without change.
88. After numerous former Iowa athletes came forward and explained the pain
and emotional and mental trauma they felt and continue to feel as a result o f their time as
student athletes at Iowa, Iowa moved quickly to find a “scapegoat.”
89. On June 14, 2020, Iowa and Doyle entered into the Separation Agreem ent
and General Release (“Separation A greem ent”) in which Iowa agreed to pay Doyle
$1,112,499.00 and permitted Doyle to continue health and dental benefits for fifteen (15)
months.
90. Despite having extensive evidence o f Doyle’s abuse o f athletes, violations o f
Plaintiffs’ civil rights and violations o f Iowa policies, Iowa chose to pay Doyle the full
value o f his contract and further agreed that his resignation was “not a resignation in lieu
o f termination”.
91. K. Ferentz and B. Ferentz have never been held accountable for their
extensive roles in creating, developing, and participating in a culture that has extensively
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and negatively impacted numerous African-American athletes under their control. In fact,
in September 2020, after B. Ferentz’s discriminatory conduct became public, he received
a $75,000 pay raise!
92. In or about July 2020, Iowa retained the Law Firm to “conduct an external
review o f alleged racial inequities with in the [Iowa] football program, including
mistreatment o f Black student-athletes and a racially charged climate.”
93. The Law Firm ’s findings as issued on July 30, 2020 do not address many o f
the volatile public reports (including those made by Plaintiffs), but nevertheless conclude
that Barta and K. Ferentz should “create action steps aimed at improving the culture o f the
program” after twenty (20) years o f disparate treatment towards African-Americans.
94. The Law Firm Report concludes as follows:
In sum, the program’s rules perpetuated racial and culture biases and
diminished the value o f cultural diversity. The program over-
monitored players to the point that they experienced heightened
anxiety and maintained a culture that allowed a small group o f
coaches to demean players. We have separately provided four
personnel reports to the University summarizing allegations o f
mistreatment made against current and former employees so that they
may be addressed, as appropriate, pursuant to the institution’s
personnel policies and procedures.
95. The Law Firm Report further revealed that “[m]any current and former
players told investigators that three members o f the coaching staff abused their power and
verbally abused and bullied players.” The Law Firm provided the “specific allegations” to
Iowa separate and apart from the Law Firm Report.
27
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96. The Law Firm Report described the very same issues that have permeated
the Program since K. Ferentz’s arrival and as described by Plaintiffs in their publicly issued
statements and further described in the Report:
• “Being an Iowa football player was a daily struggle for black players. We
were punished for no apparent reason, singled out by coaches, and threatened
and ridiculed every day. It is hard to explain how difficult it was. Think about
being under pressure every day for 4 years solely because o f your race. That
is how it was for me and my black teammates.”
• “Echoing the sentiments o f many current and former players, this coach
explained that it is harder to be a Black player in the program because o f the
player ‘m old.’”
• “A different former player said the environment was ‘hard to take’ on a daily
basis, hurt his self-esteem, and made it difficult to focus on receiving a quality
education.”
• “Several former players commented that Coach Doyle should not be a

‘scapegoat’ for the systematic issues in the program.”
• “[T]he Iowa W ay requires players to fit a ‘mold’ that discourages self-

expression and is not inclusive o f Black players.”
• “One coach agreed that the concept [of the Iowa Way] has not been inclusive
and can ‘very much alienate individualism.’ A second coach states that
players have told him the Iowa Way means ‘you act like a White person and
cannot be yourself.’”
• “A different former player said he was required to drink excessive Powerade

and shakes to gain weight, which made him sick daily.”
• “[I]t ‘seemed like every Black player had two strikes the day we entered
Iow a... I was either a criminal or a dumb motherfu**** to these guys.’”
97. Two (2) weeks before the Law Firm Report was released, K. Ferentz publicly
commented about the “investigation” and number o f individuals interviewed and his
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excitement about the upcoming Law Firm Report that ultimately detailed the extensive
racism within the Program under K. Ferentz’s control and guidance.
98. Despite the Report and numerous individual reports made to K. Ferentz and
other Iowa Athletics administrators and coaches, Defendants utterly and completely
ignored Iowa’s policies and procedures that denounce harassment, bullying, and
discrimination based on race.
99. Although the Law Firm Report is replete with instances where the Iowa
Football staff, including Doyle and B. Ferentz, committed unlawful and public acts o f
racism, bullying, and intimidation with impunity, Braithwaite, in consultation with other
Defendants, has launched an effort to deny a racially biased culture and commended Doyle.
100. Specifically, during an October 9, 2020 press conference, Braithwaite
announced “ .. .1 have never witnessed or heard [Doyle] ever make a racial comment.”19
101. Braithwaite’s feigned ignorance defies reason and serves as an attempt to
contradict the countless instances o f discrimination African-American players complained
about and experienced for approximately twenty (20) years.
102. Mentioned supra, the Program implemented a Leadership Group
(“L eadership G roup”] comprised o f rostered football players typically elected by other
members o f the football team during times material hereto.
19 Mark Emmert, Raimond Braithwaite keeps Iowa football strength program on same path as
'close friend' Chris Doyle, Ha w k Ce n t r a l (Oct. 9, 2020),
https://www.hawkcentral.eom/story/sports/2020/10/09/iowa-football-raimond-braithwaite-
replaces-friend-chris-doyle-hawkeye-strength-coach-kirk-ferentz/5930925002/.
29
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103. One purpose o f Leadership Group was to act as a conduit for players to
present K. Ferentz with any grievances or complaints they had with the Program.
104. Another function o f the Leadership Group was to assist coaching staff in
formulating policies and participate in decision-making matters.
105. Additionally, the Leadership Group was to weigh-in on disciplinary matters
concerning their fellow teammates. However, K. Ferentz and other coaches
disproportionately restricted opportunities for the Leadership Group to recommend
punishments for African-American players in comparison to White players. For instance,
coaches required the Leadership Group to provide disciplinary recommendations for a
White player’s sexual assault allegations and drunk driving, but unilaterally kicked an
African-American player off the team for failed drug tests without the Leadership Group’s
input.
106. Leadership Group specifically expressed to K. Ferentz the systemic racism
African-American student-athletes experienced on a regular basis.
107. The complaints were met with a constant refrain - Coach K. Ferentz would
‘handle the problems’ and ‘address the issues with the coaching sta ff.
108. However, the ongoing racism and discrimination were never resolved and
African-American student-athletes continued to be subjected to disparate treatment and
racially derogatory comments from the members o f the coaching staff.
109. Iowa’s Anti-Harassment policy states Iowa “is committed to maintaining an
environment that recognizes the inherent worth and dignity o f every person, and that fosters
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tolerance, sensitivity, understanding, and mutual respect.”20 According to Iowa policies
and procedures, “harassment” includes “intentional conduct, including speech, directed
toward an identifiable person or persons that is sufficiently severe, pervasive, or persistent
that it interferes with work, educational performance, on-campus living, or participation in
a University activity on or off campus.”21 Additionally, the Iowa Non-Discrimination
Policy “prohibits discrimination in employment, educational programs, and activities on
the basis o f race.. ..”22
110. Oddly, despite the alarming number o f reports and discriminatory comments
being made in front o f numerous athletes, coaches, and administrators, Defendants did
nothing to enforce Iowa’s non-Discrimination and anti-Bullying policies being openly and
blatantly violated. In fact, on July 31, 2020, during a press conference, Barta confirmed the
Program had a “culture that was not fair”23 towards African-American student-athletes.
111. Iowa and Iowa Athletics are no stranger to litigation. In fact, it appears Iowa
and Iowa Athletics have made a practice o f discriminating against people o f all walks o f
life.
112. In 2017, Iowa Athletics found itself embroiled in heated litigation with two
(2) former employees where a jury awarded damages in relation to gender and sexual
orientation discrimination, which Iowa ultimately settled for approximately $6,500,000.00.
20 University of Iowa, Operations Manual: Community Policies § 14.1 (amended July 2015).
21 University of Iowa, Operations Manual: Community Policies § 14.2(a) (amended Jan. 2020).
22 University of Iowa, Operations Manual: Community Policies § 6 (amended May 2015).
23 John Bohnenkamp, Within Iowa's Program, The Ball Has To Keep Moving Forward, SPORTS
Il l u s t r a t e d (July 30,2020), https://www.si.com/college/iowa/football/column-ferentz-073020.
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113. Iowa Athletics has also settled or paid separation payments to multiple
coaches and athletics administrators who complained o f discriminatory treatment.
114. Iowa’s extensive history o f discrimination and ongoing, severe, and
pervasive acts constitute intentional discrimination where Defendants intended to treat
African-Americans differently.
115. The Plaintiffs identified herein are African-American males who were
subjected to the racially discriminatory behavior described within this Petition.
116. For the reasons set forth above and below, Plaintiffs have been damaged as
a result o f the acts and omissions o f the Defendants.
SPECIFIC FACTUAL ALLEGATIONS

“[It] seemed like every Black player had two shrikes the day we entered Iowa... I was
either a criminal or a dumb motherfu**** to these guys. ”7A
117. Plaintiffs repeat, reallege, and incorporate by reference Paragraphs 1-107 o f
this Petition as though fully set forth herein.
A. Akrum Wadley
118. In 2013, Akrum was an enthusiastic young football player in Newark, New
Jersey who pursued his goal o f getting a college educational experience and degree from
one o f the top universities in America and playing Division I football by signing with the
University o f Iowa on February 4, 2013.2

4
24 Quote attributed to a former African-American UI football player. See Husch Blackwell, LLP,
Report ofExternal Review - Football Program Culture, University o f Iowa (July 30, 2020).
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119. Akrum arrived on campus with a full athletics scholarship, which included
aid for tuition, fees, room & board, and books as permitted by NCAA legislation.
120. Akrum, like many o f his African-American teammates, selected Iowa over
other offers based on the promise o f receiving a high-quality college educational
experience and degree from one o f the nation’s top Tier I public research institutions, the
opportunity to compete in the Conference, and to join a family atmosphere that permitted
him to grow as a person and an athlete.
121. While at Iowa, Akrum developed into one o f the most prolific running backs
in Program history. By graduation, Akrum ranked fifth in all-time rushing yards and fourth
in touchdowns.
122. Akrum’s success on the field did not insulate him from continuous racial
discrimination off the field.
123. For instance, the Program distributed black wool Nike hats to each player on
the team. One winter day Akrum chose to jog to the practice facility with his team issued
Nike wool hat. B. Ferentz spotted Akrum and yelled out, “Hey, Akrum, are you going to
rob a gas station?!?”, but said nothing similar to White players who wore the same wool
hat. Although clearly upset by the comment, Akrum ignored him. However, Coach B.
Ferentz persisted, repeatedly asking Akrum things like, “Are you going to rob a liquor
store?!?” Fearing retaliation, the best response Akrum could offer was to simply shake his
head as he walked away.
124. B. Ferentz continued targeting Akrum. One morning right before an
important exam, Akrum drove to the practice facility to retrieve a protein shake to help him
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make weight before practice. Akrum pulled into an unmarked, unoccupied parking spot
knowing he would only be there momentarily. It was not uncommon for student-athletes
to momentarily utilize such parking spots. After returning from the facility, B. Ferentz saw
him while jogging and yelled, “You dumb mother fucker, who the fuck do you think you
are!? I will get you when I get back.”
125. Rattled, Akrum got in his car and went to his exam, but with his spirit broken
he could not properly concentrate on the test.
126. Making weight for African-American players was imperative. Should an
African-American football student- athlete fail to make weight, he was targeted.
127. The pressure o f making weight to avoid discriminatory punishment caused
Akrum to vomit and ache weekly and, eventually, daily.
128. While Akrum played at Iowa, several African American athletes elected to
transfer out o f the Program.
129. Akrum outwardly supported their decisions.
130. Akrum’s support o f his former Black teammates caught the ire o f K. Ferentz,
who threatened to revoke Akrum’s meal card and prevent him from dining with his
teammates.
131. When Akrum continued supporting the transferring athletes, K. Ferentz
followed through on his threat and Akrum’s meal card privileges were denied at dinner.
132. Akrum took his grievances to the staff and administration.
133. Akrum’s complaints were never remedied, even after he conveyed his desire
and intent to transfer from the Program.
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134. At one point, Akum approached Coach Broderick Binns and enlisted his
assistance in scheduling mental health counseling sessions.
135. Akrum met with the arranged therapist on one occasion.
136. After that initial session, the therapist inexplicably disappeared and Akrum
was never provided another counselor.
B. Jonathan Parker
137. A native o f St. Louis, Missouri, Jonathon decommitted from another
collegiate football program to commit to the University o f Iowa in February o f 2013. He
was enthused by the prospect o f playing NCAA Division I football in a Power 5 conference.
138. Jonathan, like many o f his African-American teammates, selected Iowa over
139. Jonathan arrived on campus with a full athletics scholarship, which included
140. During practice, Jonathan was the victim o f racism perpetrated by Coach B.
Ferentz. On one occasion, B. Ferentz began yelling and screaming at Jonathan. B. Ferentz
kicked a garbage can and exclaimed in front o f all the other players and coaches, “Only a
dum b ass black player would do it like th a t!” Later, another coach approached Jonathan
after practice and advised him he did nothing wrong.
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141. But even though Jonathan did nothing wrong, he was still directed by K.
Ferentz to apologize to Coach B. Ferentz!
142. When Jonathan objected to Coach K. Ferentz about the directive, K. Ferentz
advised him he would be siding with the coaches.
143. After experiencing daily ridicule and bullying at the hands o f the Iowa
coaching staff, Jonathan decided to pursue his education elsewhere. While at Iowa,
Jonathan often felt unsettled, nervous, and anxious while thinking o f or competing in
football.
144. The Iowa coaching staff made Jonathan feel unimportant, which scared
Jonathan. After transferring to a new institution that did not treat African-American
players like second-class citizens, Jonathan started loving football again and his anxiety
subsided.
C. M a rce l Joly
145. Like the other plaintiffs, Marcel too aspired to play football at a major
collegiate program. Although bom in Haiti, Marcel was raised in Maryland. Marcel
garnered the attention and interest o f several powerhouse programs during high school but
committed to play football for the University o f Iowa on September 24, 2013.
146. Marcel arrived on campus with a full athletics scholarship, which included
147. Marcel, like many o f his African-American teammates, selected Iowa over
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148. The coaching staff subjected Marcel to disparate treatment because he was
an African American.
149. Once in the Program, the coaching staff unfairly and needlessly criticized
Marcel for his tattoos and his appearance simply because he did not assimilate into a culture
premised upon white stereotypes.
150. The type and extent o f criticism Marcel received was not made o f Caucasian
team members who had tattoos or “looked the part.”
151. On another occasion, Marcel drove his BMW, a vehicle he had then-recently
purchased with his girlfriend, to the Program’s workout facility. Once coaches learned of
his new vehicle, Marcel was questioned about the legitimacy o f his purchase. Through the
express and implied nature o f the inquiry, his coaches made it clear to Marcel they believed
he acquired the vehicle through illegal or nefarious means.
D. A aro n M en ds
152. As a high school student, several NCAA Division I schools recruited Aaron
to their enroll in their programs. However, Aaron committed to playing for Iowa on August
18, 2013, his junior year o f high school. Following a successful high school senior season,
the Missouri native traveled to Iowa City to begin his freshman year.
153. Aaron arrived on campus with a full athletics scholarship, which included
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154. Aaron, like many o f his African-American teammates, selected Iowa over
155. Although red shirted in 2014, Aaron saw playing time in his 2015,2016, and
2017 seasons.
156. During his tenure at Iowa, Aaron was exposed to painful and discriminatory
comments and treatment. Aaron observed countless acts o f racial discrimination at the
hands o f the Program’s coaches and associated staff.
157. During his tenure at Iowa, the Program started “Between the Hawks,” a
YouTube series filed by the Program’s camera crew. The series aimed to promote
individual players and showcase their respective hobbies and interests outside o f football.
158. The camera crew answered to K. Ferentz, who, upon information and belief,
stressed that all filming and/or photography o f African-American players conform to the
“Iowa Way.” However, this meant that African-American players were subject to unfair
double-standards with respect to common hobbies and interests shared by African-
American players and their White teammates.
159. During a team event at a player’s home, the camera crew photographed
Aaron, a firearms enthusiast, holding a shotgun over his shoulders (see below, left). No
other players were featured in the photograph. When Aaron asked for the pictures, he was
told that K. Ferentz and other coaches and administrators within the Program would not
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allow Aaron to post the pictures to social media because “it would be a bad look.”
Conversely, White players were never prohibited from or reprimanded for posting similar
pictures while at Iowa. For instance, at around the same time Aaron’s picture was taken,
four o f his White teammates held shotguns and AR-15-style rifles in a photo posted to
social media (see below, right). None o f these players were reprimanded or instructed to
take the photo down.
160. Prior to the 2018 football season, Aaron experienced a season ending injury
and, thus, was unable to compete.
161. During his tenure at Iowa, Aaron served on Leadership Group for the football
team and often met with K. Ferentz to address issues inside within the Program, including
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systematic racism, double standards, and the gross disparities between African-American
transfers and White transfers.
162. Aaron was disappointed in K. Ferentz’s response to the concerns and
complaints o f African-American players. In one instance, Aaron and the other members o f
the Leadership Group complained o f an incident in which a group o f White players created
and personally delivered a custom-made Iowa football jersey to President Donald J. Trump.
Although K. Ferentz and other coaches prohibited potential demonstrations by African-
American football players and their allies in protest o f police brutality by referencing team
rules against public declarations o f political views, K. Ferentz refused to address the
incident or reprimand said group o f White players for the clear violations o f team rules.
163. After numerous meetings with K. Ferentz and observing no changes to the
Program’s system and culture, despite K. Ferentz’s assurances o f change, Aaron decided
it was in his best interests to leave the program and pursue his education elsewhere.
164. Ultimately, Aaron transferred from Iowa in or about December o f 2018,
because o f the Program’s racially discriminatory culture.
165. In late October 2020, the Iowa football coaching staff directed one o f Aaron’s
former teammates at Iowa, and the son o f a member o f the coaching staff, to contact Aaron
to persuade him not to file suit against the Defendants herein. Defendants sought to tamper
with Aaron and indicated that if he filed suit the Iowa football coaching staff would be
terminated.
E. Maurice Fleming
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166. Maurice Fleming committed to playing football for the University o f Iowa
on June 24, 2011. Before then, he played high school football in Illinois and received
offers and interests from several other programs.
167. Maurice, like many o f his African-American teammates, selected Iowa over
him to grow as a person and an athlete. Maurice arrived on campus with a full athletics
scholarship, which included aid for tuition, fees, room & board, and books as permitted by
NCAA legislation. Maurice joined the Program in or about 2014.
168. On arrival, Maurice wore his hair in a braided fashion known as dreadlocks,
often associated with African American culture.
169. Coach Doyle would regularly antagonize and ridicule Maurice’s hairstyle as
not being part o f “the Iowa Way.”
170. Under mounting pressure, Maurice eventually relented and cut his hair to
satisfy the coaching staff.
171. Coach Doyle responded by saying “now it looks like you’re ready to play
some football!”
172. Coach Doyle would use the word “n*****” in M aurice’s presence. When
Maurice confronted Coach Doyle about this, Maurice’s teammates reminded him o f Coach
Doyle’s influence in the Program and the retaliatory consequences for challenging a coach
like Doyle.
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173. Eventually, Maurice transferred to another NCAA Division I Program as a
graduate transfer. Maurice later signed an NFL contract in 2017.
F. Reggie Spearman
174. An Illinois native, Reggie was a first team all-state football player named to
Team USA. Reggie received numerous offers and attention from over a dozen schools,
including several in NCAA Division I, Power 5 conferences.
175. In 2013, Reggie committed to Iowa.
176. Reggie, like many o f his African-American teammates, selected Iowa over
177. Reggie arrived on campus with a full athletics scholarship, which included
178. While at Iowa, Reggie was one o f a few true freshmen who received playing
time. He started at the linebacker position as a true sophomore until sustaining a season
ending knee injury.
179. Even while injured, Reggie remained committed to his teammates, appearing
for team practices and meetings, and participating in the Leadership Group.
180. In October o f 2014, Mr. Spearman was charged by criminal complaint with
operating while intoxicated, first, offense, in violation o f Iowa Code Section 321J.2.
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181. Law enforcement initiated this charge before receiving the chemical testing
results from a urine specimen Reggie voluntarily provided.
182. Reggie declared he was innocent and maintained his innocence through the
pendency o f the criminal case.
183. Results from a urine test can often take several weeks to receive from
laboratory testing.
184. Once Reggie’s urine test was returned, the State o f Iowa moved to dismiss
the OWI charge.
185. On March 2, 2015, the court dismissed the charge and assessed all costs to
the State o f Iowa.
186. Despite being exonerated in a court o f law, however, Reggie was subjected
to different punishment over the incident than similarly situated white student-athletes.
187. Eventually, Reggie transferred away from the University o f Iowa to continue
his education and football endeavors.
G Kevonte Martin-Manley
188. Kevonte’s high school football prowess earned him the attention o f several
universities, including Iowa. By high school graduation, Kevonte established new records
for, inter alia, career touchdown receptions and career receiving yards.
189. Iowa relied heavily on its wide receiver coach, Erik Campbell, to recruit
Kevonte to the Program. Kevonte developed a good relationship with Coach Campbell
and eventually accepted Iowa’s offer to play football at Iowa, receive a high-quality
educational experience and college degree from one o f the top Tier I public research
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institutions, and to join a family atmosphere that permitted him to grow as a person and an
athlete.
190. Kevonte received a full athletics scholarship and arrived in Iowa City for
freshmen enrollment in 2010.
191. In or about March o f 2013, Kevonte had a meeting with Coach Doyle.
Although the meeting was ostensibly a strength and conditioning meeting, Coach Doyle
appeared to indicate that he had an issue with Kevonte being a “leader” among his Black
peers who caused problems within the Program.
192. At this point, Kevonte suspected the coaching staff was targeting him due to
his race.
193. On September 21, 2013, Iowa hosted Western Michigan University for a
non-conference football game.
194. Kevonte was the starting punt returner for Iowa. During the Western
Michigan game, Kevonte returned several punts, notably two for 83 yards and 63 yards.
195. Once Kevonte amassed 184 punt return yards, bringing him within 17 yards
o f breaking the (then) Big Ten and school record set by the legendary Heisman trophy
winner and stadium namesake, Nile Kinnick, the coaching staff pulled Kevonte from
returning any more punts.
196. The coaching decision was designed to prevent Kevonte from breaking
Kinnick’s 1939 record.
197. Even Coach K. Ferentz’s post-game comments revealed his desire for
Kinnick’s record to remain intact, stating, “With all due respect to Kevonte, I love the guy,
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he’s a great young man, but I think it’s OK if that one stayed right where it’s at. Not that
we would have held him back, but maybe would have thought about it, actually. That’s
one that needs to stay.”
198. Kevonte requested the opportunity to attempt to break the record, but was
told he would not be permitted to return anymore punts.
199. After graduation, Kevonte met with Coach K. Ferentz to discuss the ongoing
racial discrimination African American athletes experienced within the Program. Kevonte
echoed concern the coaching staff merely swept the complaints o f African-American
student-athletes under the rug.
H. Darian Cooper
200. Like the other plaintiffs, Darian too aspired to play football at a major
collegiate program. Darian was raised in Maryland. Darian was a four-star recruit and
garnered the attention and offers o f several powerhouse programs during high school, but
committed to play football for the University o f Iowa on February 2, 2011.
201. Darian arrived on campus with a full athletics scholarship, which included
202. Darian, like many o f his African-American teammates, selected Iowa over
him to grow as a person and an athlete. Darian favored Iowa’s “business oriented”
approach and believed playing football for Iowa would allow him to further his dreams.
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203. The coaching staff subjected Darian to disparate treatment because he was
an African-American.
Darian about his appearance and demanded that he assimilate into a culture premised upon
White society and culture— The Iowa Way.
205. On one occasion, Doyle physically assaulted Darian by elbowing him in the
stomach in front o f a crowd o f people during an event hosted by Iowa football. Darian was
extremely embarrassed by the way he was treated by Doyle. Darian had to physically
remove himself from Doyle’s presence.
206. Darian’s weight struggles were also unfairly scrutinized by coaches,
particularly Doyle. Darian even privately expressed to Doyle that he could not financially
afford to eat enough in order to meet and maintain his weight goal; however, Doyle
continued to ridicule Darian for his weight struggles.
207. Darian was made to play while injured despite multiple complaints by
Darian. While White teammates were permitted to rest, recover, and heal, Darian was
ridiculed and mocked mercilessly for his injuries and told he had to continue to play while
injured if he wanted to retain his scholarship. Ultimately, Darian’s career ended due to
injuries.
I. LaRon Taylor
208. Like the other plaintiffs, LaRon too aspired to play football at a major
collegiate program. LaRon was raised in Michigan. LaRon was a three-star recruit and
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garnered the attention and offers o f several powerhouse programs during high school, but
committed to play football for the University o f Iowa on August 5,2011.
209. LaRon arrived on campus with a full athletics scholarship, which included
210. LaRon, like many o f his African-American teammates, selected Iowa over
him to grow as a person and an athlete. LaRon also noticed that Iowa had several players
drafted by NFL teams and believed Iowa provided a program where he could fulfill his
dreams o f being an NFL player.
211. The coaching staff subjected LaRon to disparate treatment because he was
LaRon and accused him o f “gangbanging” and referred to him as a “gangster”. Doyle was
particularly merciless in his treatment o f LaRon and consistently made references to LaRon
being in a gang merely because LaRon is African-American. LaRon’s White teammates
were not subjected to similar treatment, ridicule, or accusations o f gang membership.
213. LaRon was disproportionately tested under Iowa’s drug testing program in
comparison to his White teammates. LaRon was tested so often that it became a running
joke with the drug testing administrator that LaRon was being tested yet again. LaRon
never failed a drug test administered by Iowa.
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214. Due to the racist treatment LaRon received while at Iowa, he has sought the
care o f medical professionals in hopes o f rebuilding his confidence that was destroyed by
the Iowa coaching staff.
J. Brandon Simon
215. Like the other plaintiffs, Brandon too aspired to play football at a major
collegiate program. Brandon was raised in New Jersey. Brandon was a three-star recruit
and garnered the attention and offers o f several powerhouse programs during high school,
but committed to play football for the University o f Iowa on June 26, 2015.
216. Brandon arrived on campus with a full athletics scholarship, which included
217. Brandon, like many o f his African-American teammates, selected Iowa over
him to grow as a person and an athlete. Brandon also believed that Iowa had an inclusive
environment with a great opportunity to achieve his goals as an athlete and a student.
218. The coaching staff subj ected Brandon to disparate treatment because he was
Brandon about his physical appearance and the way he walks. Doyle would often perform
racist imitations o f Brandon and said, “stop walking with so much swagger before we send
you back to the streets”. When Doyle made this comment, Brandon made eye contact with
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Braithwaite who was in close proximity with Doyle when the comments were made, but
Braithwaite did nothing.
220. On another occasion, Doyle approached Brandon and Doyle pulled down his
pants, to appear to be “sagging”, and turned his hat backwards and proceeded to refer to
Brandon as a “thug”. Brandon’s White teammates were not subject to similar treatment or
comments by Doyle.
221. Doyle constantly bullied Brandon merely because Brandon is African-
American. Doyle was also overheard saying “Simon is dumb and too short to be here.”
Doyle also consistently said to Brandon, “you are just dumb” and “you are a bitch.”
222. Brandon complained about the way he was treated to the Iowa athletic
academic advising staff and asked that they instruct Doyle not to treat him in a racially
discriminatory fashion. Sadly, nothing changed and caused Brandon to transfer from Iowa.
K. Javon Foy
223. Like the other plaintiffs, Javon too aspired to play football at a major
collegiate program. Javon was raised in Illinois. Javon garnered the attention and offers
o f several smaller programs during high school, but committed to play football for the
University o f Iowa on January 28, 2019.
224. Javon arrived on campus as a preferred walk-on.
225. Javon, like many o f his African-American teammates, selected Iowa over
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226. The coaching staff subjected Javon to disparate treatment because he was an
African-American.
Javon about his physical appearance including his hair. Javon wears his hair in a traditional
African-American hairstyle known as braids. Doyle bullied Javon calling his hair a “mess”
and instructed him not to wear fashion and style that is commonly associated with African-
American culture. Doyle bullied and ridiculed Javon merely because he is an African-
American.
228. In 2019, Javon was suspended indefinitely from the Iowa football team after
he was pulled over in a routine traffic stop by local police. No tickets or citations were
issued to Javon. However, the Iowa football coaching staff learned that he was stopped
and suspended him indefinitely. A few weeks later, some o f Javon’s White teammates
were caught drinking alcohol in the Iowa dormitories. Javon’s White teammates were not
suspended and were merely required to do extra physical conditioning after practice. The
Iowa football coaching staff punished African-American athletes more harshly than White
teammates in a discriminatory fashion.
229. On the day Javon was to return from his suspension, K. Ferentz told Javon,
who had been dealing with football-related injuries, that Javon had suffered a career-ending
injury. Bewildered, Javon sought second opinions from multiple doctors, all o f whom
informed Javon that his injury was not career-ending whatsoever. Having lost all trust in
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the Program, and fearful he would continue to be subjected to racially-motivated disparate
treatment if he declined to be pushed out o f the Program by K. Ferentz and others, Javon
decided to transfer from Iowa.
L. Andre Harris
230. The University o f Iowa recruited Andre, a speedy wide receiver, out o f his
hometown o f Kirkwood, Missouri.
231. Andre arrived on campus with a full athletics scholarship, which included
232. Andre, like many o f his African-American teammates, selected Iowa over
233. The coaches involved in Andre’s recruitment left shortly before Andre
arrived on campus for his summer workouts in 2013.
234. Andre also noticed several other Program differences from the recruiting
promises. For example, Andre arrived with aspirations to pursue a degree in engineering.
The coaching staff, however, did not approve o f Andre’s intent and forced him to seek a
degree in something “easier.”
235. The coaching staff did not take the same approach with White players who
pursued engineering degrees.
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236. The coaching staff also subjected Andre to disparate treatment by imposing
harsher punishments on him than White players who violated the same or similar team
rules.
237. Coaches also told Andre he did “not smile enough” and portrayed him as a
stereotypical “angry black man.”
238. White players were not subjected to this type o f stereotyping.
239. Andre presented his complaints to Coach K. Ferentz.
240. Coach K. Ferentz failed to address these problems.
241. In 2016, Andre chose to transfer from Iowa to Eastern Illinois University to
complete his academic and athletic careers.
M. Terrence Harris
242. Like the other plaintiffs, Terrence too aspired to play football at a major
collegiate program. Terrence was raised in New Jersey. Terrence was a three-star recruit
and garnered the attention and offers o f several powerhouse programs during high school,
but committed to play football for the University o f Iowa on or about July 16, 2013.
243. Terrence arrived on campus with a full athletics scholarship, which included
244. Terrence, like many o f his African-American teammates, selected Iowa over
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him to grow as a person and an athlete. Terrence also believed that Iowa had an inclusive
environment with a great opportunity to achieve his goals as an athlete and a student.
245. The coaching staff subjected Terrence to disparate treatment because he was
246. Once in the Program, Terrence quickly learned o f a double standard the staff
concealed during the recruiting process. Like Brandon Simon, Maurice Fleming, and
others, the coaching staff unfairly and needlessly criticized Terrence about his physical
appearance, including his hairstyle, because it did not represent the “Iowa Way.”
247. During a summer camp, Doyle targeted Terrence and began to criticize his
appearance. Doyle approached Terrence and, while gesturing to a White teammate’s
hairstyle, asked Terrence why his hair did not look like that. Doyle continued, telling
Terrence the White teammate’s hair was all nice and clean. Doyle would continue to
ridicule Terrence over his hairstyle, referring to it as a “mess” and stating it made Terrence
look like a “barbarian.”
248. Comments about Terrence’s hairstyle were not limited to Doyle; other
coaches on staff would also criticize Terrence’s hair.
249. The coaches’ constant scrutiny ultimately forced Terrence to ask a teammate
to cut his hair in a hotel room during camp.
250. Another current Iowa coach frequently referenced the physical attributes o f
African-Americans, including Terrence, in a racially-derogatory manner. Said coach’s
com m ents to Terrence included, “I know you’re used to running from the police, the way
you get off the ball!”
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251. The coaching staff would also use Terrence’s impoverished upbringing as a
source o f ridicule, threatening to send him back to the “ghetto” if he did not settle his
weight struggles.
252. When Terrence would talk, K. Ferentz expressed frustration with his
enunciation, referring to it as “broken English.”
253. Terrence frequently spoke with his academic advisor at Iowa about the
emotional toll he incurred from the racial harassment and disparate treatment. Terrence
continues to struggle with the resulting trauma to this day.
CAUSES OF ACTION
COUNT I
42 U.S.C. Section 2000d. etsea. (a/k/a. “Title VI”)
Racially Hostile Educational Environment
(Against Defendants University of Iowa and Board of Regents for the State of Iowa)
“No person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.”
255. Title VI prohibits discrimination on the grounds of, inter alia, race in
activities and programs receiving federal financial assistance.
256. Iowa and Iowa Athletics are a program or activity receiving Federal financial
assistance under 42 U.S.C. § 2000d, et seq.
257. Plaintiffs Mends, Simon, and Foy, as students at Iowa and participants in the
Iowa Athletics program, were the intended beneficiaries o f those funds.
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258. As stated supra, individual Defendants have continuously and intentionally
discriminated against and harassed African-American student-athletes in the Program at
Iowa during K. Ferentz’s tenure, including Plaintiffs Mends, Simon, and Foy.
259. Plaintiffs Mends, Simon, and Foy, as African-Americans, are members o f a
protected class under federal law.
260. Plaintiffs Mends, Simon, and Foy were treated less favorably than others
similarly situated on account o f their race.
261. Defendants University o f Iowa and Board o f Regents for the State o f Iowa
knowingly maintained and subjected Plaintiffs Mends, Simon, and Foy to a hostile
education environment, wherein Plaintiffs experienced severe, pervasive, and objectively
offensive acts o f racial discrimination from Program coaches and administrators on account
o f their race.
262. Said acts and environment had and continue to have a systemic effect on the
Program and substantially interfered with Plaintiffs’ ability to participate in or benefit from
the Program and greater university experience.
263. Said Defendants were deliberately indifferent to the Program’s known
severe, pervasive, and objectively offensive acts o f race discrimination against Plaintiffs.
Defendants were deliberately indifferent to Plaintiffs’, and even Plaintiffs’ parents’, good-
faith complaints o f the Program’s severe, pervasive, and objectively offensive acts o f racial
discrimination against Plaintiffs.
264. Defendants possessed the power to correct the severe, pervasive, and
objectively offensive discriminatory acts and overall hostile education environment known
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to Defendants, but failed to do so.
265. The Defendants’ conduct was a cause o f harm to Plaintiffs Mends, Simon,
and Foy, including emotional pain and suffering, mental anguish, loss o f enjoyment o f life
and attorney fees and costs associated with prosecuting this action.
266. As a direct and proximate result o f Defendants illegal and unjustified
conduct, Plaintiffs Mends, Simon, and Foy were injured and are entitled to recover for what
they have suffered in the past and will suffer in the future, including:
a. Deprivation o f constitutional and civil rights;
b. Humiliation, degradation, public ridicule, and past and future

emotional distress;
c. Actual and compensatory damages, including but not limited to past,

present and future pain and suffering, mental anguish, loss o f
enjoyment o f life and other economic losses;
d. All litigation expenses associated with the prosecution o f the instant

action, including, but not limited to, court costs, anticipated discovery
expenses, anticipated expert expenses, and the maximum legally
allowable judgment interest; and
e. Any other expenses allowed by federal or state law, including but not
limited to reasonable attorney’s fees and costs pursuant to 42 U.S.C.
§ 1988.
W H ER EFO R E the Plaintiffs and on behalf o f those similarly situated, pray for
Judgment against Defendants as follows:
a. Compensation for violation o f constitutional and civil rights,

compensatory damages for pain, suffering, mental anguish, and
humiliation;
b. Plaintiffs’ cost in this action, including reasonable attorney fees,

interest, and costs pursuant to 42 U.S.C. § 1988; and
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c. Such relief as the Court deems just and equitable.
COUNT II
42 U.S.C. Section 2000d. e ts e a . ta/k/a. “Title VI”)
Retaliation
268. Plaintiff Aaron Mends engaged in protected activities under Title VI by
making complaints and/or supporting other teammates’ complaints o f Defendants’ racially
discriminatory conduct and deliberate indifference to the known, racially-charged hostile
education environment within the Program.
269. Plaintiffs protests and complaints against the Defendants’ racially
discriminatory conduct and deliberate indifference to the known, racially-charged hostile
education environment within the Program were made in good-faith and with the
reasonable belief that Defendants engaged in unlawful, discriminatory conduct.
270. In response to Plaintiff’s protests and complaints, Defendants committed
materially adverse acts designed to dissuade Plaintiff from making or supporting good-
faith, reasonable complaints o f discrimination. Said acts include, but are not limited to,
playing restrictions, excessive conditioning drills, public humiliation, slander to NFL
scouts, and loss o f their scholarship.25
271. Said acts would have dissuaded a reasonable person from making or
25 It should be noted but-for an athletically scholarship none o f the Plaintiffs could afford to attend
college.
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supporting complaints o f discrimination.
272. Said adverse acts were committed with the intent to perpetuate a hostile
education environment in order to injure complainants and supporters thereof.
273. The Defendants’ conduct was a cause o f harm to Plaintiff Mends including
emotional pain and suffering, mental anguish, loss o f enjoyment o f life, and attorney fees
and costs associated with prosecuting this action.
274. As a direct and proximate result o f Defendants’ illegal and unjustified
conduct, Plaintiff Mends was injured and is entitled to recover for what he suffered in the
past and will suffer in the future, including:

emotional distress;


§ 1988.

humiliation;
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COUNT III
42 U.S.C. Section 2000d. e t sea, fa/k/a. “Title VI”1
Violation of Title VI — Systemic Pattern and Practice of Discrimination
276. Defendants created and maintain a systemic pattern and practice o f unlawful
race discrimination within the Program affecting African-American football student-
athletes, including Plaintiffs Mends, Simon, and Foy.
277. Defendants’ pattern and practice o f intentional race discrimination is so
pervasive so as to constitute the Program’s regular policy o f intentional race discrimination.
278. Said pattern and practice o f intentional discrimination is backed by statistical
disparities showing gross racial imbalances between African-American football student-
athletes and the general population o f football student-athletes with respect to data that
includes, but is not limited to, graduation rates, transfer rates, and, upon information and
belief, drug testing.
279. The Defendants’ conduct was a cause o f harm to Plaintiffs Mends, Simon,
and Foy, including emotional pain and suffering, mental anguish, loss o f enjoyment o f life
and attorney fees and costs associated with prosecuting this action.
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280. As a direct and proximate result o f Defendants illegal and unjustified
conduct, Plaintiffs Mends, Simon, and Foy were injured and are entitled to recover for what
they have suffered in the past and will suffer in the future, including:

emotional distress;

present and future pain and suffering, mental anguish, loss of

§ 1988.
WHEREFORE the Plaintiffs and on behalf o f those similarly situated, pray for

humiliation;

COUNT IV
42 U.S.C. 8 1983
Deprivation of Rights Under 42 U.S.C. § 1981 By Persons Acting Under Color of
State Law
(Against Defendants Barta, K. Ferentz, B. Ferentz, and Doyle)
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Plaintiffs “have the same right. . . to make and enforce contracts. . . as

is enjoyed by white citizens.”
281. Plaintiffs repeat, reallege, and incorporate by reference Paragraphs 1-280 of
282. Plaintiffs Wadley, Parker, Joly, Cooper, Mends, Simon, and Foy, as African
American individuals, are members o f a class protected by the provisions o f 42 U.S.C.
Section 1981.
283. Said Plaintiffs were all finely tuned athletes possessing a high degree o f
physical ability and football talent.
284. The University o f Iowa offered Plaintiffs Wadley, Parker, Joly, Cooper,
Mends, Simon, and Foy full athletic scholarships to attend the University o f Iowa,
recognized as one o f the top Tier I public research institution in the nation.
285. Plaintiffs Wadley, Parker, Joly, Cooper, Mends, and Simon accepted their
scholarship offers by signing the NCAA National Letter o f Intent and entered contractual
relationships with the Defendants.
286. The University o f Iowa offered Plaintiff Foy the opportunity to join the
Program as a preferred walk-on student athlete, whereby Foy would devote his athletic
talents and resources to the Program in exchange for a high-quality educational and athletic
experience, family-like atmosphere free from discrimination, bullying, and harassment,
and opportunity to earn a full college athletic scholarship.
287. By committing to Iowa, Plaintiffs Wadley, Parker, Joly, Cooper, Mends,
Simon, and Foy declined other similar collegiate offers and agreed to provide their athletic
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talent to Iowa in exchange for Iowa providing a high-quality educational and athletic
experience, college degree, and a family-like atmosphere free from discrimination,
bullying, and harassment.
288. Defendants Barta, K. Ferentz, B. Ferentz, and Doyle acted under color o f
state authority as school officials for the University o f Iowa in intentionally discriminating
against the Plaintiffs on the basis o f race.
289. Said Defendants exercised a substantial amount o f control over the Plaintiffs’
athletic, academic, and personal lives while they were members o f Iowa’s football team
and students at the University o f Iowa.
290. The Defendants received considerable financial profit and gain by recruiting
and utilizing the Plaintiffs’ exceptional athletic talents and abilities.
291. The Defendants maintained control over the athletic facilities, equipment,
supplies, etc. the Plaintiffs utilized while participating in training and football for the
Defendants.
292. The Defendants possessed the ability to impose and/or influence reprimands,
punishments, and sanctions against the Plaintiffs.
293. The Defendants exercised control over each Plaintiffs’ respective schedule
and playing time within the Program.
294. While at Iowa, the Plaintiffs were exposed to disparate treatment while
attempting to fulfill their contractual obligations for Defendants since the Plaintiffs were
treated differently than White athletes.
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295. The Defendants’ continuous intentional discrimination against the Plaintiffs
and African-American student-athletes on the basis o f their race impaired the Plaintiffs’
ability to make and enforce contracts, including the enjoyment o f all the benefits,
privileges, terms, and conditions o f the contractual relationship.
296. The Defendants refused to remedy the complaints o f systemic racism raised
by student-athletes, parents, the Report, the Law Firm Report, and Leadership Groups
during K. Ferentz’s tenure as the head football coach at Iowa.
297. The Defendants’ conduct was a cause o f harm to the Plaintiffs, including
inability to enjoy the educational experience they were promised and/or obtain the degree
they were promised, emotional pain and suffering, mental anguish, loss o f enjoyment o f
life, loss o f earning capacity, and attorney fees and costs associated with prosecuting this
action.
298. The individual Defendants’ actions were willful, wanton, unlawful, and in
gross disregard o f the Plaintiffs’ civil rights, thereby entitling the Plaintiffs to punitive
damages.
299. Defendant coaches K. Ferentz, B. Ferentz, and Doyle engaged in a
discriminatory practice with malice or a reckless or deliberate indifference the Plaintiffs’
federally protected rights, thereby entitling the Plaintiffs to punitive damages against said
defendants.
300. Agency Defendants’ (namely, University o f Iowa, Board o f Regents for the
State o f Iowa, and State o f Iowa) Management officials, namely Defendants Barta, and K.
Ferentz, personally acted with malice or a reckless or deliberate indifference to the
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Plaintiffs’ federally protected rights, thereby entitling the Plaintiffs to punitive damages
against said Defendants Barta and K. Ferentz.
conduct, the Plaintiffs were injured and are entitled to recover for what they have suffered
in the past and will suffer in the future, including:

emotional distress;

d. Punitive damages;
e. All litigation expenses associated with the prosecution o f the instant

f. Any other expenses allowed by federal or state law, including but not
§ 1988.
a. Compensation for violation o f constitutional and civil rights, pain,

suffering, mental anguish, and humiliation; and

interest, and costs pursuant to 42 U.S.C. § 1988;
c. Punitive damages; and
d. Such relief as the Court deems just and equitable.
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COUNTV
42 U.S.C. S 1983
C onspiracy to D eprive Persons of E qual P rotection Violative of 42 U.S.C. § 1985(3)

(Against D efendants K. Ferentz, B. Ferentz, B arta, Doyle, and B raithw aite)
“If two o r m ore persons in any State o r T errito ry conspire... for the
purpose of depriving either directly o r indirectly, any person o r class of
persons o f the equal protection o f the laws o r of equal privileges and
im m unities u n d er the law s;...th e p a rty so in ju red o r deprived m ay
have an action fo r the recovery o f dam ages, occasioned by such in ju ry
o r deprivation, against any one o r m ore of the conspirators.”
302. Plaintiffs repeat, reallege, and incorporate by reference Paragraphs 1-301 of
303. Defendants Barta, K. Ferentz, B. Ferentz, Doyle, and Braithwaite reached an
agreement amongst themselves to deprive all named Plaintiffs o f their rights and privileges
to equal protection o f the laws.
304. Defendants Barta, K. Ferentz, B. Ferentz, Doyle, and Braithwaite acted under
color o f state authority as school officials for the University of Iowa in conspiring to
deprive all named Plaintiffs o f their rights and privileges to equal protection of the laws.
305. Defendants’ conspiracy was motivated by racial animus towards African-
American football players.
306. As stated supra, Defendants have continuously and intentionally
Iowa during K. Ferentz’s tenure, including all named Plaintiffs.
307. All named Plaintiffs, as African-American individuals, are members o f a
protected class under federal law.
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308. All named Plaintiffs were treated less favorably than others similarly situated
on account o f their race.
309. Defendants failed to remedy the complaints o f systemic racism raised by
individuals and Leadership Groups during K. Ferentz’s tenure as the head football coach
at Iowa.
310. K. Ferentz was well aware o f the racially discriminatory culture existing
within his football program at Iowa during all times material hereto.
311. K. Ferentz repeatedly advised players he would address their complaints o f
ongoing racism and discrimination.
312. K. Ferentz ignored the complaints and took no adequate measures to rectify
the ongoing discriminatory behavior o f members o f his staff, including B. Ferentz and
Doyle.
313. Braithwaite, an African-American26, is using his new position as interim
strength and conditioning coach to publicly disavow the Plaintiffs’ discriminatory
experiences with Doyle’s pervasive racist behavior.
26 As the legendary Civil Rights Attorney and U.S. Supreme Court Justice Thurgood Marshall
explained in a powerful concurring opinion in Casteneda v. Partida, 430 U.S. 482, 503 (1977):
“Social scientists agree that members of minority groups frequently respond to
discrimination and prejudice by attempting to disassociate themselves from the
group, even to the point of adopting the majority's negative attitudes towards the
minority. Such behavior occurs with particular frequency among members of
minority groups who have achieved some measure of economic or political success
and thereby have gained some acceptability among the dominant group.”
Id. (footnotes omitted).
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314. Braithwaite’s actions undermine the veracity o f Doyle’s racist behavior and
serve to conceal Plaintiffs’ discrimination claims.
315. Braithwaite’s actions represent an ongoing conspiracy and concerted effort
within the Program to deprive the Plaintiffs o f their rights and privileges to equal protection
o f the laws.
316. Additionally, Defendants directed and conspired with one o f Plaintiff Aaron
M ends’ former teammates, the son o f a current Iowa coach, to tamper with Plaintiff Aaron
Mends after Iowa publicly released Plaintiffs’ demand letter. Plaintiff Aaron was
instructed not to file suit.
317. The purpose o f the Defendants’ ongoing conspiracy is to deprive the
Plaintiffs o f their civil rights and privileges.
emotional pain and suffering, mental anguish, loss o f enjoyment o f life and attorney fees
319. Defendants’ actions were willful, wanton, unlawful, and in gross disregard
o f the Plaintiffs’ civil rights, justifying an award o f punitive damages.
in the past and will suffer in the future suffer, including:

emotional distress;
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§ 1988.


COUNT VI
42 U.S.C. 8 1983
Conspiracy to Deprive Persons of Equal Protection Violative of 42 U.S.C. § 1985(3)
(Against Defendants K. Ferentz, B. Ferentz, and Doyle)
322. Defendants K. Ferentz, B. Ferentz, and Doyle reached an agreement amongst
themselves to deprive African-American football players at Iowa, including Plaintiffs
Mends, Simon, and Foy, o f their rights and privileges to equal protection o f the laws.
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323. Defendants Barta, K. Ferentz, B. Ferentz, and Doyle acted under color o f
state authority as school officials for the University o f Iowa in conspiring to deprive
African-American football players at Iowa, including Plaintiffs Mends, Simon, and Foy,
o f their rights and privileges to equal protection o f the laws.
324. Defendants’ conspiracy was motivated by racial animus towards African-
American football players.
325. As stated supra, Defendants have continuously and intentionally
Iowa during K. Ferentz’s tenure, including Plaintiffs Mends, Simon, and Foy.
326. Plaintiffs Mends, Simon, and Foy, as African-American individuals, are
members o f a protected class under federal law.
327. Plaintiffs Mends, Simon, and Foy were treated less favorably than others
similarly situated on account o f their race.
328. Defendants refused to remedy the complaints o f systemic racism raised by
individuals and Leadership Groups during K. Ferentz’s tenure as the head football coach
at Iowa.
329. K. Ferentz was well aware o f the racially discriminatory culture existing
within his football program at Iowa during all times material hereto.
330. K. Ferentz repeatedly advised players he would address their complaints o f
ongoing racism and discrimination.
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331. K. Ferentz effectively ignored the complaints and took no adequate measures
to rectify the ongoing discriminatory behavior o f members o f his staff, including B. Ferentz
and Doyle.
emotional pain and suffering, mental anguish, loss o f enjoyment o f life and attorney fees
333. The Defendants’ actions were willful, wanton, unlawful, and in gross
disregard o f the Plaintiffs’ civil rights, justifying an award o f punitive damages.

emotional distress;

present and future pain and suffering, mental anguish, loss of

§ 1988.
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COUNT VII
CIVIL RIGHTS VIOLATION PURSUANT TO 42 U.S.C § 1983
(Against Defendants K. Ferentz and Barta)
(Failure to Train and Supervise)
336. Defendants K. Ferentz and Barta are persons for the purposes o f a Section
1983 action for damages.
337. At all times material hereto, Barta served as B. Ferentz’s direct supervisor
due to the university’s nepotism policy.
338. At all times material hereto, Defendants actions and/or omissions were made
under the color o f authority.
339. Defendants K. Ferentz and Barta are charged with the duty to ensure that its
staff and employees are properly trained and supervised.
340. Defendants K. Ferentz and Barta are ultimately responsible for the training
and supervision o f the Program’s coaching staff.
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341. Defendants K. Ferentz and Barta failed to train and/or supervise properly
staff including, but not necessarily limited to, Doyle and B. Ferentz when they engaged in
pervasive racial discriminatory behavior against African American players.
342. The circumstances and consequences described supra were foreseeable.
343. Defendants failed to investigate and respond to complaints o f racial
discrimination from Plaintiffs.
344. Defendants’ systematic failure to train and/or supervise properly
demonstrated a reckless disregard and deliberate indifference to the rights o f Plaintiffs
Mends, Simon, and Foy.
345. Defendants authorized the actions o f its staff including, but not necessarily
limited to, Doyle and B. Ferentz by failing to train and/or supervise them in a manner which
preserves the rights o f Plaintiffs.

emotional distress;


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§ 1988.
W H E R E FO R E the Plaintiffs and on behalf o f those similarly situated, pray for


COUNT V III
B reach of C on tract
(Against D efendants U niversity of Iowa, B oard o f R egents fo r the State of Iowa,
State of Iowa, B arta, K. Ferentz, B. Ferentz, and Doyle)
348. All named Plaintiffs are persons legally capable o f entering into contracts.
349. The University o f Iowa is an entity legally capable o f entering a contract.
350. Barta, K. Ferentz, B. Ferentz, and Doyle are persons legally capable o f
entering into contracts.
351. Plaintiffs formed contractual relationships with the Defendants that touched
on every aspect o f their life at Iowa, including their participation in Iowa Athletics in
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exchange for a high-quality educational experience at a top Tier I public research institution
and college degree free from discrimination and bullying.
352. Plaintiffs and the University o f Iowa were under obligations to each other
arising from the contract.
353. Plaintiffs and the University o f Iowa provided consideration for the contracts.
354. Plaintiffs performed all obligations under their respective contracts including
presenting their complaints and grievances to the coaching staff, namely K. Ferentz, both
personally and through Leadership Group.
355. Defendants breached these contracts by, inter alia, failing to expel the
systemic plague o f racial discrimination and disparate treatment occurring within the
Program during K. Ferentz’s tenure.
356. Plaintiffs have incurred significant damages as a direct and proximate result
o f Defendants breaches o f contract in an amount to be determined at trial.
357. Defendants’ conduct in breaching the contract constitutes a willful and
wanton disregard for the rights o f another and has caused actual damage to Plaintiffs.
W H ER EFO R E , the Plaintiffs pray for judgment against Defendants in an amount
representing full and fair compensation for damages under their respective contract, for
incidental damages, for punitive damages in an amount which will punish Defendants and
deter others, for such attorneys’ fees, interest, and costs as allowed by law, and for such
other relief as may be just under the circumstances.
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V. NOTICE OF CLAIMS
1. Defendants are hereby advised Plaintiff Foy filed a complaint with the Iowa
Civil Rights Commission to pursue administrative remedies pursuant to Iowa Code
Chapter 216 for the racially discriminatory experiences he endured while with the Program.
2. Defendants are hereby advised Plaintiffs Mends, Simon, and Foy are filing
claims with the State o f Iowa in accordance with the Iowa State Tort Claims Act to pursue
recovery for damages on account o f personal injury and loss o f property.
3. Plaintiffs reserve their rights to remove their claims from administrative
investigation and request a “right-to-sue” letter thereby effecting closure o f the
administrative process and exhausting those administrative remedies.
VI. PRAYER FOR RELIEF
Plaintiffs pray this Court will grant the following in favor o f them and those
similarly situated:
1. Judgment for all actual and compensatory damages, including those
emanating from mental anguish and emotional distress, pecuniary loss, loss o f reputation,
and other economic damages;
2. Judgment as damages from and declarations of, violations o f their
constitutional and civil rights committed by Defendants University o f Iowa, Board of
Regents for the State o f Iowa, Barta, K. Ferentz, B. Ferentz, Doyle, and Braithwaite;
3. Punitive damages to the extent permitted by law;
4. Equitable damages to the extent permitted by law including, but not
necessarily limited to the following:
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a. Completion o f mandatory anti-racist training for all athletic
department coaches, staff, and personnel on an annual basis;
b. Establishment o f a board o f advisors consisting o f African-American
football student-athletes and experienced anti-racist professionals to monitor the Program
and the coaching staff;
c. Tuition waivers for any African-American athletes who attended Iowa
during K. Ferentz tenure and did not graduate with a degree;
d. Create and support a permanent Senior Black Male Administrator
position with similar duties, responsibility, and authority as the Senior Woman
Administrator at Iowa for the specific benefit and support o f African-American student-
athletes at Iowa;
e. Partner with Dr. Ibram X. Kendi, or a qualified person acceptable to
the Athletes, to administer mandatory anti-racist training for all athletic department
coaches, staff, and personnel on an annual basis; and
f. Any other steps necessary or changes to personnel to ensure ongoing
discrimination against non-white student athletes ceases immediately.
5. Injunctive relief requiring the Defendants to promulgate and implement
policies and procedures to prevent such deprivations o f constitutional and civil rights in
the future, and/or ensure that allegations o f deprivations o f constitutional and civil rights
are properly investigated.
6. An award o f attorneys’ fees and costs, including expert witness fees, pursuant
to 42 U.S.C. § 1988, and any other applicable provisions o f law.
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Respectfully submitted,
PA R R ISH K R U ID EN IER DUNN GENTRY

BROW N BERGM ANN & M ESSAM ER, L.L.P.
Alfredo Parrish AT0006051

Brandon Brown AT0001199
2910 Grand Avenue
Des Moines, Iowa 50312
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
Email :aparrish@parrishlaw.com
bbrown@parrishlaw.com
SO LO M ON SIM M ONS LAW
By:__ _/ s / Damario SoCbmon-Svmmons

601 S. Boulder, Ste 600
Tulsa, Oklahoma, 74119
(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)
SM ILIN G, SM ILIN G & BURGESS
By: / s / Xevvn MclCwain_______________

M. Kevin Mcllwain
Bradford Place, Suite 300
9175 S. Yale Avenue
Tulsa, Oklahoma 74137
Telephone: (918) 477-7500
Facsimile: (918) 477-7510
Email: kmcilwain@smilinglaw.com
ATTORNEYS FO R PLA IN TIFFS
77
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6/3/2021 Case 4:20-cv-00366-SMR-HCA
Hawkeyes' appearance atDocument
Trump rally not128-2 Filed 08/18/22
a 'team' endorsement | HawkmainaPage 84 of 466
| qctimes.com
https://qctimes.com/sports/college/big-10/iowa/hawkeyes-appearance-at-trump-rally-not-a-team-
endorsement/article_5f699154-7cb1-5f05-95bb-2d68ba54aaf7.html
IOWA ATHLETICS
Steve Batterson
Jan 27, 2016
Republican presidential candidate Donald Trump speaks with Iowa football players before a campaign event at th
University of Iowa Field House on Tuesday.
Paul Sancya
Steve Batterson
Exhibit 7
https://qctimes.com/sports/college/big-10/iowa/hawkeyes-appearance-at-trump-rally-not-a-team-endorsement/article_5f699154-7cb1-5f05-95bb-2d68b… 1/3
App. 79
6/3/2021 Case 4:20-cv-00366-SMR-HCA
| qctimes.com
I
owa football players and wrestlers who took the stage Tuesday night at a Donald
Trump rally on the University of Iowa campus participated on their own and Iowa
athletics officials have no issues with that.
Director of athletics Gary Barta said Wednesday that Hawkeye student-athletes “are
encouraged to participate in the political process as individuals,’’ but added that their
participation should only be viewed as a reflection of the individual’s beliefs and not
seen as endorsement by entire teams or the university.
“In recent months, candidates from both parties representing a spectrum of ideals
have visited Iowa City,’’ Barta said in a statement. “We will continue to support this
approach without influencing particular political choice or agendas.’’
Trump appeared in a gymnasium at the University of Iowa Field House and spoke to a
gathering of more than 1,000 people.
Prior to his arrival, Hawkeye tight end Peter Pekar spoke to the crowd and encouraged
those present to “Vote for Trump.’’ He then held up an Iowa football jersey with
Trump’s name across the back, yelling, “Go Hawks!’’
Several Iowa football players, including quarterback C.J. Beathard, joined Trump on
stage shortly after his arrival. They were followed by a group of Hawkeye wrestlers.
Introducing the athletes, Trump said, “They endorse Trump. They like Trump. I like
them.’’
The one-time owner of the USFL franchise, Trump went on to tell the crowd that
Beathard “is the next Tom Brady’’ and kidded that he once wrestled, but had no plans
of challenging anybody from Iowa’s unbeaten wrestling team.
The crowd responded to the introductions with a “Let’s Go, Hawks’’ chant before the
athletes left the stage.
Barta was questioned about the Iowa football jersey with the name “Trump’’ stitched
across the back, but said the jersey was not an official Hawkeye jersey.
App. 80
6/3/2021 Case 4:20-cv-00366-SMR-HCA
| qctimes.com
“No candidate has asked for, or received, any official Iowa athletic department
equipment or apparel,’’ Barta said. “We are confident that no violations of NCAA rules
and regulations have taken place.’’
The athletes appearing with Trump were a blend of current and recent Hawkeyes.
Under university policy, on-campus facilities may be used for political rallies if they
are held by student groups which pay a rental fee for use of the space. Trump’s visit
was sponsored by the UI College Republicans and it was held in the same space where
Barack Obama held a rally in December 2007, returning in 2010 to deliver a speech on
his health-care plans.
On a stage decorated by two large Tiger Hawk logos, Iowa football player Julian
Vandervelde performed The National Anthem at the 2010 event.
Steve Batterson
App. 81
Democracy Dies in Darkness
!"#$%&#'%!()!*(&#'!+,%-%.'#/0’1!-.("%1"1!,2,#'1"
-(&#/%!3.4",&#"56!)(4.!5%,.1!,7%.!"8%5!3%2,'
By Cindy Boren
August 26, 2020 at 10:20 a.m. CDT
Four years ago, Colin Kaepernick began sending a message about police brutality and social injustice by refusing to
stand for the national anthem before NFL games.
His act continues to reverberate. In May, the message took the form of protests that raged across the country over the
death of George Floyd in police custody in Minneapolis.
As the sports calendar was rebooted, athletes made gestures calling attention to racial inequality and in support of the
Black Lives Matter movement. The shooting of Jacob Blake in Kenosha, Wis., has caused the conversation and protests
to flare again.
“Just watching the Republican convention, and they’re spewing this fear,” Los Angeles Clippers Coach Doc Rivers said
Tuesday night after an NBA playoff game. “All you hear is Donald Trump and all of them talking about fear. We’re the
ones getting killed. We’re the ones getting shot. We’re the ones who were denied to live in certain communities. We’ve
been hung. We’ve been shot. All you keep doing is hearing about fear. It’s amazing why we keep loving this country and
this country does not love us back.”
Here’s a timeline of Kaepernick’s protest and what has happened since.
Who was Kaepernick in 2016?
A second-round draft pick (36th overall) by the San Francisco 49ers in 2011, Kaepernick led the team to Super Bowl
XLVII after the 2012 season and to the NFC championship game after the next season, becoming one of the NFL’s
most exciting young stars. But after a couple of years with mixed results, he began the 2016 season as Blaine Gabbert’s
backup at +quarterback.
When did Kaepernick begin protesting during the national anthem?
Few noticed the first protest by Kaepernick, on. Aug. 14, 2016, because it came before a preseason game in which he
was not in uniform. He remained seated on the bench, out of uniform, for the second game as well, on Aug. 20.
Kaepernick’s gesture was first noticed before the third game, on Aug. 26. After the game, he addressed his protest to
members of the media for the first time, saying: “I am not going to stand up to show pride in a flag for a country that
oppresses black people and people of color. To me, this is bigger than football, and it would be selfish on my part to
look the other way. There are bodies in the street and people getting paid leave and getting away with murder.”
Exhibit 8
There had been several shootings of unarmed black men that summer, and Kaepernick acknowledged his actions could
have consequences. “If they take football away, my endorsements from me,” he said, “I know that I stood up for what is
App. 82
right.” Case 4:20-cv-00366-SMR-HCA Document 128-2 Filed 08/18/22 Page 88 of 466
When did people start paying attention?
Kaepernick’s took a knee during the anthem before the final exhibition, on Sept. 1, 2016, in San Diego, with teammate
Eric Reid joining him in protest. Kaepernick went from sitting to kneeling after a conversation with Nate Boyer, a
former Green Beret and NFL player. “We sort of came to a middle ground where he would take a knee alongside his
teammates,” Boyer told HBO’s “Real Sports.” “Soldiers take a knee in front of a fallen brother’s grave, you know, to
show respect.”
Kaepernick was booed throughout the game by Chargers fans and his protest began to gain national attention. He also
announced that he would donate $1 million of his $11.9 million salary to charities. “Once again, I’m not anti-
American,” Kaepernick said. “I love America. I love people. That’s why I’m doing this. I want to help make America
better.”
What was the initial reaction?
By the start of the 2016 season, Kaepernick had the top-selling jersey among NFL players, and the story was becoming
national news. On Sept. 5, 2016, President Obama defended Kaepernick, saying “he cares about some real, legitimate
issues that have to be talked about.” NFL Commissioner Roger Goodell told the Associated Press, “I don’t necessarily
agree with what he’s doing.” The first week of the regular season included other players taking a knee or raising a fist
during the anthem.
How did Kaepernick’s time with the 49ers end?
Kaepernick protested throughout the 2016 season, and he started 11 games as the 49ers finished 2-14. He opted out of
his contract after the season and, with a number of mediocre quarterbacks landing with other teams, suspicions grew
that he was being blackballed by NFL owners, who presumably didn’t want the attention that signing him would bring.
He has not played professionally since the 49ers’ final game of that season, on Jan. 1, 2017.
How did the story explode into a national debate?
Kaepernick was out of the NFL during the 2017 season, but protests and demonstrations reached a peak in the third
week of play, fueled in part by outrage from President Trump’s call for owners to get any “son of a bitch” who didn’t
stand for the anthem off the field. Players skipped the anthem altogether or continued to protest, with some joining
arms on the sideline. The Dallas Cowboys, joined by owner Jerry Jones, took a knee before the anthem was played at a
Monday night game but rose for the anthem itself. Before an October 2017 Indianapolis Colts game, Trump instructed
Vice President Pence, Indiana’s former governor, to walk out if any players protested during the anthem, and he did so.
In response to claims they were targeting the military, players took pains to clarify their message and pointed out they
were trying to raise awareness of police brutality and social injustice.
Was Kaepernick content to move on from football?
In the summer of 2017, there were reports that the Baltimore Ravens and New York Giants were interested in
Kaepernick but backed off after hearing from some fansApp.
The 83
quarterback maintained all along that he wanted to play
Kaepernick but backed off after hearing from some fans. The quarterback maintained all along that he wanted to play,
and on Oct. 15, 2017, he filed a grievance against the NFL, accusing its 32 teams of colluding to keep him out of the
league.
Did the NFL take action to respond to player protests?
During the 2017 season, the NFL and the Players Coalition reached an agreement for the league to provide financial
support to players’ community activism endeavors. In the spring of 2018, NFL owners, players and executives met to
discuss the protests, and an audio recording revealed players questioned why Kaepernick remained unsigned.
By mid-May, owners ruled that players could no longer kneel during the anthem without being subject to punishment
but allowed that they could remain in the locker room during the anthem. Trump reacted favorably but said that if a
player didn’t stand for the anthem, “maybe you shouldn’t be in the country.” The NFL Players Association filed a
grievance over the policy in July and, after owners and the union agreed to put the policy on hold, players focused their
efforts elsewhere.
How did Kaepernick’s grievance turn out?
On Aug. 30, 2018, arbitrator Stephen B. Burbank said Kaepernick’s lawyers had enough information for the case to
proceed to a full hearing, marking an early win for the quarterback. In February 2019, Kaepernick and the NFL
reached a settlement (as did Reid, who had similarly alleged collusion), with both sides signing a confidentiality
agreement.
What happened next?
Kaepernick had transcended football by the start of the 2019 season. He became the face and voice of a Nike ad
campaign that drew both praise and criticism. He continued to have a role in shaping Nike’s decisions; the company
dropped plans to produce a sneaker with a 13-star flag known as the Betsy Ross, in part because Kaepernick had
privately criticized its use by racist groups. In an award-winning Nike ad called “Dream Crazy,” Kaepernick said,
“Believe in something, even if it means sacrificing everything.”
Is Kaepernick’s football career over?
Kaepernick, 32, was invited to work out for NFL teams at the Atlanta Falcons’ training facility in November 2019.
There were disputes over which teams would attend and a waiver the league asked Kaepernick to sign, and he ended
up moving the workout to a high school more than an hour away. Eight scouts attended and, although Kaepernick said
he had “been ready for three years,” he received no job offers.
“I’ve been denied for three years. We all know why. I came out here and showed it today in front of everybody. We have
nothing to hide,” Kaepernick said. “So we’re waiting for the 32 owners, the 32 teams, Roger Goodell, all of them to stop
running — stop running from the truth, stop running from the people.”
What did Kaepernick say following Floyd’s death?
As the circumstances of Floyd’s death became known, Kaepernick tweeted in response. “When civility leads to death,
revolting is the only logical reaction,” he wrote. “The cries for peace will rain down, and when they do, they will land on
deaf ears, because your violence has brought this resistance. We have the right to fight back! Rest in Power George
Floyd ” Kaepernick also started a legal-defense fund forApp. 84 in Minneapolis
protesters
Floyd. Kaepernick also started a legal-defense fund for protesters in Minneapolis.
What is the NFL’s stance?
In early June, Goodell filmed a video in which he said the league was “wrong in silencing our players for peacefully
protesting” police brutality and social injustice during the anthem. That extraordinary admission was spurred by a
video featuring the league’s young stars, including Patrick Mahomes, but absent from Goodell’s statement was an
apology to or a mention of Kaepernick.
In late August, Goodell, in an interview with former linebacker Emmanuel Acho, said was asked what he’d say to
Kaepernick, if given the chance. “The first thing I’d say is I wish we had listened earlier, Kaep, to what you were
kneeling about and what you were trying to bring attention to. We invited him in several times to have the
conversation, to have the dialogue. I wish we had the benefit of that. We never did. We would have benefited from that.
Absolutely.”
Goodell added, “We have never disciplined a single player for anything with the national anthem and in violation. And
I don’t intend to. And I will support them.”
Updated March 3, 2021
!"#$%&’'()&%$&*()"%+,-$-./(01&2(3,4(-""5(2,(+-,6
Full coverage: Race & Reckoning
Newsletter: Subscribe to About US to read the latest on race and identity
George Floyd’s America: Examining systemic racism through the lens of his life
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App. 85
App. 86
View more
App. 87
Democracy Dies in Darkness
’ ‘ ’
By Jeremy Gottlieb and Mark Maske

September 23, 2017 at 5:59 p.m. CDT
President Trump appeared at a campaign rally in Huntsville, Ala., on Friday night, ostensibly to support the senatorial
bid of fellow Republican Luther Strange. But the speech veered off topic, and eventually landing on a few points
regarding the NFL and sparking response from the NFL and its players’ union.
Without mentioning him by name, Trump made reference to Colin Kaepernick and the protests against injustice
toward African Americans the former San Francisco 49ers quarterback led last NFL season by taking a knee during the
national anthem.
“Wouldn’t you love to see one of these NFL owners,” wondered the president, “when somebody disrespects our flag, to
say, ‘Get that son of a bitch off the field right now, out. He’s fired. He’s fired!’ ” The hypothetical was met with cheers
from the assembled crowd.
Washington Examiner
@dcexaminer
Trump wishes NFL owners would tell anthem protesters

"get that son of a bitch off the field right now"
App. 88 Exhibit 9
7:48 PM · Sep 22, 2017
7.1K 2.8K Share this Tweet
Trump also said such an owner would “be the most popular person in this country. Because that’s a total disrespect of
our heritage. That’s a total disrespect for everything we stand for.” He added that if fans were to “leave the stadium” in
response to a protest, “I guarantee things will stop.”
DeMaurice Smith, the executive director of the NFL Players Association, responded on Twitter early Saturday morning
that the union “will never back down.” He also challenged NFL Commissioner Roger Goodell to respond to Trump’s
comments:
DeMaurice Smith
@demauricesmith
We will never back down. We no longer can afford to stick

to sports.
5:57 AM · Sep 23, 2017
Goodell issued a statement later Saturday morning that read: “The NFL and our players are at our best when we help
create a sense of unity in our country and our culture. There is no better example than the amazing response from our
clubs and players to the terrible natural disasters we’ve experienced over the last month. Divisive comments like these
demonstrate an unfortunate lack of respect for the NFL, our great game and all of our players, and a failure to
understand the overwhelming force for good our clubs and players represent in our communities.”
Trump had more to say on the subject of players kneeling during the anthem on Saturday via Twitter, including a
i t d di tl tG d ll App. 89
response pointed
Case directly at Goodell.
4:20-cv-00366-SMR-HCA Document 128-2 Filed 08/18/22 Page 95 of 466
Roger Goodell of NFL just put out a statement trying to justify the total disrespect certain players show to our
country.Tell them to stand!
— Donald J. Trump (@realDonaldTrump) September 23, 2017
Trump also discussed at Friday’s rally the league’s television ratings, saying they are down “massively,” and partially
claiming credit for the drop.
“Now the No. 1 reason happens to be, they like watching what’s happening with yours truly,” he said. He also added
that the amount of big hits called as penalties are a factor as well.
“Today, if you hit too hard, 15 yards, throw him out of the game,” he said while mimicking the act of an official
throwing a penalty flag. “They’re ruining the game, right? They’re ruining the game. It’s hurting the game.”
Trump’s comments on how the game is being ruined by an attempt to cut down on big hits came a day after former
New England Patriots tight end Aaron Hernandez was diagnosed posthumously with the second-most-severe form
of chronic traumatic encephalopathy (CTE). Hernandez committed suicide in April while serving a life sentence for
murder.
In addition to Smith’s comments on Twitter, he released a written statement on Saturday morning.
“The peaceful demonstrations by some of our players have generated a wide array of responses,”
Smith said. “Those opinions are protected speech and a freedom that has been paid for by the
sacrifice of men and women throughout history. This expression of speech has generated
thoughtful discussions in our locker rooms and in board rooms. However, the line that marks the
balance between the rights of every citizen in our great country gets crossed when someone is told
to just ‘shut up and play.’
“NFL players do incredible things to contribute to their communities. NFL players are a part of a
legacy of athletes in all sports who throughout history chose to be informed about the issues that
impact them and their communities. They chose — and still choose today — to do something about
those issues rather than comfortably living in the bubble of sports. Their decision is no different
from the one made by countless others who refused to let ‘what they do’ define or restrict ‘who they
are’ as Americans.
“No man or woman should ever have to choose a job that forces them to surrender their rights. No
worker nor any athlete, professional or not, should be forced to become less than human when it
comes to protecting their basic health and safety. We understand that our job as a Union is not to
win a popularity contest and it comes with a duty to protect the rights of our members. For that we
make no apologies and never will.” App. 90
a e o apo og es a d eve w .
Trump’s remarks regarding national anthem protests also spurred a reaction on social media, from both players and
observers.
Zach Brown
@ZachBrown_55
Trump stay in ur place... football have nothing to do wit u

smh
8:51 PM · Sep 22, 2017
mike freeman
@mikefreemanNFL
Why are you even bringing up Kaepernick's name at a

political rally in Alabama?
Never mind. I know the answer.

8:22 PM · Sep 22, 2017
Jemele Hill
@jemelehill
Prediction: Not one NFL owner, not Roger Goodell will say
one word about what he said about Kaep or other NFL
players. Not. A. One.
mike freeman @mikefreemanNFL

Why are you even bringing up Kaepernick's name at a political rally in
Alabama?
Never mind. I know the answer.
8:27 PM · Sep 22, 2017
T.J. Ward
@BossWard43
App. 91
Smh! Gives more reason
Washington Examiner @dcexaminer

Trump wishes NFL owners would tell anthem protesters "get that son of a
bitch off the field right now"
8:33 PM · Sep 22, 2017
1.4K 182 Share this Tweet
Terrance Knighton
@MisterRoast98
I hope more players kneel
Washington Examiner @dcexaminer

Trump wishes NFL owners would tell anthem protesters "get that son of a
bitch off the field right now"
8:10 PM · Sep 22, 2017

App. 92
Don Van Natta Jr.

@DVNJr
For all their money/support of Trump, what did the NFL

owners get? He called tonight for a boycott of the league
and trashed their product.
9:04 PM · Sep 22, 2017
“Stick to sports boy... Sit down and do what your told. Say or do something we don’t like and your "red” Well I
hate to break it to ya...
— Chris Conley (@_#ight17_) September 23, 2017
Eric Ebron
@Ebron85
Does anyone tell trump to stick to politics, like they tell us

to stick to sports? Smh.
9:02 PM · Sep 22, 2017
Trump attempted to buy the Buffalo Bills in 2014, but his bid wasn’t accepted by the league.
Read more:
It’s starting to look like Colin Kaepernick won’t play in the NFL again. What happens next?
From taking a seat to taking a stand: How the NFL has talked about Colin Kaepernick
Jay-Z dedicates song ‘The Story of O.J.’ to Colin Kaepernick at NYC music festival
Cris Carter gets emotional while discussing CTE, his career and Aaron Hernandez’s diagnosis
Donald Trump: NFL ‘football has become soft like our country has become soft’
By Jeremy Gottlieb
Jeremy Gottlieb is a multiplatform editor in The Washington Post sports department and an occasional contributor to the
Post Sports blog desk. Twitter
By Mark Maske
App. 93
Case
Mark Maske 4:20-cv-00366-SMR-HCA
covers Document
the NFL for The Washington Post. 128-2theFiled
He has covered 08/18/22
NFL and Page Redskins
the Washington 99 of 466
since 1998.
He previously covered baseball, the Baltimore Orioles, the e$ort to bring a major league team to Washington, and colleges.
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App. 94

CENTRAL DIVISION

SIMON; and JAVON FOY,
Plaintiffs,
vs. PLAINTIFF AARON MENDS’

OBJECTIONS AND ANSWERS TO
UNIVERSITY OF IOWA, BOARD OF DEFENDANTS’ FIRST SET OF
REGENTS FOR THE STATE OF IOWA; INTERROGATORIES TO
BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF AARON MENDS
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Aaron Mends serves
the following responses to Defendants’ First Set of Interrogatories to Plaintiff Aaron Mends. With
these responses, Plaintiff does not in any way waive or intend to waive (a) any objections as to
competency, relevancy, materiality, privilege, or admissibility as evidence, for any purpose, of any
information that may be disclosed; (b) any objections to any further interrogatory involving or
relating to the same subject matter of any interrogatory answered here; or (c) any privileges, rights,
or immunity under the Federal Rules of Civil Procedure and/or other applicable laws.
Respectfully submitted on this the 30th day of September, 2021.
App. 95 Exhibit 14
SOLOMON SIMMONS LAW
By:___/s/ Damario Solomon-Simmons____

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)
Email: dss@solomonsimmons.com
PARRISH KRUIDENIER DUNN GENTRY

BROWN BERGMANN & MESSAMER, L.L.P.
By: ___________________________________
Alfredo Parrish: AT0006051
Brandon Brown: AT0001199
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
Email:aparrish@parrishlaw.com
ATTORNEYS FOR PLAINTIFFS
On September 30, 2021, the Plaintiff Aaron Mends’ Objections and Answers to
Defendants’ First Set of Interrogatories to Plaintiff Aaron Mends was forwarded to all counsel of
record pursuant to the Federal Rules of Civil Procedure.
/s/ Damario Solomon-Simmons

Counsel for Plaintiffs
App. 96
INTERROGATORY NO. 7: Identify each college or university that made an admission
and/or scholarship offer to you, as referenced in paragraphs 152 and 154 of the First Amended
Complaint. For each identified college or university, provide the details of the offer made,
including the amount of any offered scholarships and the details of any promises related to
participation in any collegiate athletics associated with each college or university.
ANSWER: University of Iowa, Iowa State University, North Dakota State University, and
Illinois State University. For further response, please refer to any deposition and/or hearing
testimony provided, if any, evidence filed with the court, documents produced in this matter by
Plaintiff, Defendant, and the third-parties, pleadings on file with the court, expert reports, and
responses to Initial Disclosures (including any amendments thereto).
INTERROGATORY NO. 8: Identify each alleged act of discrimination and/or
harassment committed by Defendants and/or their agents directed towards you or any other African
American or Black student-athlete within the University of Iowa football program, as described in
paragraphs 156, 258, 261, and 262 of Plaintiffs’ First Amended Complaint. For each such act,
identify:
a) The date of the alleged act;
b) All persons who perpetrated said alleged act;
c) All persons with knowledge or information relating to the alleged act;
d) The nature of the alleged act;
e) The target(s) of the alleged act; and
f) All documents relating or referring in any way to the alleged act.
ANSWER: Throughout Aaron Mends’ tenure, he observed coaches, including Chris Doyle
and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff Mends, about
App. 97
their hairstyles, clothing, tattoos, jewelry, diction, and the way they walked. These comments and
actions were made to essentially every Black player on the football team. Plaintiff Mends also
observed Brian Ferentz call Jonathan Parker a black dumbass. These issues were brought to the
attention of Kirk Ferentz on numerous occasions during player council meetings, but nothing ever
changed. For further response, please refer to any deposition and/or hearing testimony provided,
if any, evidence filed with the court, documents produced in this matter by Plaintiff, Defendant,
and the third-parties, pleadings on file with the court, expert reports, and responses to Initial
Disclosures (including any amendments thereto).
INTERROGATORY NO. 9: Identify the individual(s) to whom you asked about
photographs taken of you as part of the “Between the Hawks” series, as referenced in paragraphs
157-159 of the First Amended Complaint. For each identified individual, provide their name,
address, telephone number, and the date of your inquiry.
ANSWER: Max Allen (970.317.1289). For further response, please refer to any
deposition and/or hearing testimony provided, if any, evidence filed with the court, documents
produced in this matter by Plaintiff, Defendant, and the third-parties, pleadings on file with the
court, expert reports, and responses to Initial Disclosures (including any amendments thereto).
INTERROGATORY NO. 10: Identify the individual(s) who informed you of the
purported reason you could not acquire the photographs referenced in paragraph 159 of the First
Amended Complaint. For each identified individual, provide their name, address, telephone
number, and the date of your inquiry.
ANSWER: Max Allen (970.317.1289). For further response, please refer to any
App. 98
State University – graduated with a Masters in 2020 with approximately a 3.7 GPA. While
attending the University of Iowa, Mr. Mends received the Diversity Award. For further response,
please refer to any deposition and/or hearing testimony provided, if any, evidence filed with the
court, documents produced in this matter by Plaintiff, Defendant, and the third-parties, pleadings
on file with the court, expert reports, and responses to Initial Disclosures (including any
amendments thereto).
INTERROGATORY NO. 20: Describe your employment history, including name and
address of employer, positions held, job description, dates of employment, names of supervisor,
annual salary, whether you were terminated (if so, why?), and if not, the reason for leaving the
employment.
ANSWER: Kelly Service (part-time substitute teacher) in Kansas City, MO paid $130.00
per day. Plaintiff’s supervisor is Curtis Leiker and can be reached at 800.791.5895. For further
response, please refer to any deposition and/or hearing testimony provided, if any, evidence filed
with the court, documents produced in this matter by Plaintiff, Defendant, and the third-parties,
pleadings on file with the court, expert reports, and responses to Initial Disclosures (including any
INTERROGATORY NO. 21: Do you attribute any loss of income, benefits, or earning
capacity to any alleged misconduct? If so, state the total amount of income, benefits, or earning
capacity you believe you have lost to date and how the amount was calculated.
ANSWER: Yes, Defendants’ actions caused Plaintiff Mends damages resulting from
Defendants’ actions that have denied Plaintiff Mends the opportunity to obtain a college coaching
job. Plaintiff Mends has lost the opportunity for annual salaries of $150,000.00-300,000.00 since
his graduation from Illinois Stated University in 2020. For further response, please refer to any
15
App. 99
INTERROGATORY NO. 22: Are you alleging you will you lose income, benefits, or
earning capacity in the future as a result of any alleged misconduct? If so, state the total amount
of income, benefits, or earning capacity you believe you believe you will lose and how the amount
was calculated.
ANSWER: Yes, Defendants’ actions caused Plaintiff Mends damages resulting from
Defendants’ actions that have denied Plaintiff Mends the opportunity to obtain a college coaching
job. Plaintiff Mends has lost the opportunity for annual salaries of $150,000.00-300,000.00 since
his graduation from Illinois Stated University in 2020. For further response, please refer to any
INTERROGATORY NO. 23: Have you attempted to minimize the amount of your lost
income? If so, describe how; if not, explain why not.
ANSWER: Plaintiff Mends has applied for open positions and attempted to inform
employees that the impression of him giving by Defendants is not accurate. For further response,
16
App. 100
INTERROGATORY NO. 31: Identify and provide the following details for the
photograph included as part of paragraph 71 of Plaintiffs’ First Amended Complaint:
a) The date the photograph was taken;
b) The location where the photograph was taken;
c) The individuals depicted in the photograph; and
d) Whether you contend that at no point did the individuals enclosed in the red circle comingle
with any of the other individuals depicted in the photograph that day and/or during that
time in the pool;
ANSWER: Defendants’ First Set of Interrogatories are posed to Plaintiff as interrogatories
from each individual Defendant and, thus, Plaintiff is responding to each interrogatory as posed
by each Defendant. Plaintiff, therefore, objects to this Interrogatory as it requests Plaintiff provide
answers to interrogatories in excess of the number permitted by Fed. R. Civ. P. 33(a)(1).
VERIFICATION OF INTERROGATORY ANSWERS
I, AARON MENDS, swear under penalty of perjury that the foregoing interrogatory
answers are true and correct to the best of my knowledge, information, and belief, formed after
reasonable inquiry. Aaron mends

____________________________________
ID zAz82EUQNrCRE34aL2kDtyzP
AARON MENDS
20
App. 101
eSignature Details
Signer ID: zAz82EUQNrCRE34aL2kDtyzP

Signed by: Aaron Mends
Sent to email: amends21@gmail.com
IP Address: 172.58.156.69
Signed at: Sep 30 2021, 1:12 pm CDT
App. 102

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF DARIAN COOPER’S

ANSWERS AND OBJECTIONS TO
BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF DARIAN COOPER
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Darian Cooper serves
the following responses to Defendants’ First Set of Interrogatories to Plaintiff Darian Cooper. With
App. 103 Exhibit 30

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)

By: ___________________________________
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
On September 30, 2021, the Plaintiff Darian Cooper’s Objections and Answers to
Defendants’ First Set of Interrogatories to Plaintiff Darian Cooper was forwarded to all counsel
of record pursuant to the Federal Rules of Civil Procedure.

App. 104
paragraphs 204, 205, 206, 207, 258, 261, and 262 of Plaintiffs’ First Amended Complaint. For
each such act, identify:
d) The nature of the alleged act; Christopher Doyle physical assaulted me as a result of me
asking him to allow me to make alterations to my playing weight after have discussed it
with my position coach
e) The target(s) of the alleged act; I was the target
ANSWER: During a summer workout, Mr. Cooper approached Chris Doyle about making
alterations to Mr. Cooper’s playing weight after discussing the same with his position coach. For
reasons unknown, Chris Doyle physically assaulted Mr. Cooper causing pain and emotional
distress. Mr. Cooper also observed coaches, including Chris Doyle and Brian Ferentz, mock, make
fun of, and ridicule Black players, including Mr. Cooper, about their hairstyles, clothing, tattoos,
jewelry, diction, and the way they walked. These comments and actions were made to essentially
every Black player on the football team. For further response, please refer to any deposition and/or
hearing testimony provided, if any, evidence filed with the court, documents produced in this
matter by Plaintiff, Defendant, and the third-parties, pleadings on file with the court, expert reports,
and responses to Initial Disclosures (including any amendments thereto).
App. 105
e) Whether you reported any of these incidents or acts or the total “ridicule” by Defendant
Doyle to any University official, and if not, why not.
ANSWER: Mr. Cooper was put on the “shake list” and was told he needed to gain twenty
(20) pounds. Mr. Cooper expressed to Chris Doyle that he was having trouble gaining the
requested weight and could not afford the cost of food. Chris Doyle constantly made fun of and
ridiculed Mr. Cooper about his weight and the way Mr. Cooper looked. Chris Doyle would often
ridicule Mr. Cooper in front of the entire team and make jokes at Mr. Cooper’s expense. For further
INTERROGATORY NO. 13: Provide the following details regarding the allegations
raised in paragraph 207 of the First Amended Complaint:
a) The date of each instance in which you were “made to play while injured”;
b) The nature of each injury referenced in paragraph 207;
c) The name of any medical provider who provided medical care for any of the referenced
injuries;
d) The name of the members of the University football coaching or administrative staff, if
any, who “ridiculed and mocked mercilessly” you for your injuries and ordered you to
continue playing despite injury;
e) The nature of the incidents or acts comprising the referenced “ridicule” and “mocking”;
f) The dates of each incident or act;
g) The names of any individuals who witnessed each incident or act;
11
App. 106
h) Whether you reported any aspect of this treatment to any University official, and if not,
why not
ANSWER: Mr. Cooper had a meniscus tear that professed into two micro-fractures. Mr.
Cooper complained that he was in pain, but was told to play through it and ridiculed for
“complaining” about being injured by Kirk Ferentz, Reese Morgan, and members of the training
staff, Russ and Doug. Mr. Cooper was told he could get surgery after the season, but needed to
play through the injury. Mr. Cooper’s first knee surgery was performed by a team doctor, but he
does not recall the name of the doctor. Subsequent surgeries were performed by Dr. Wolf. Mr.
Cooper made numerous complaints within the football complex and to athletic administrators. Mr.
Cooper indicated he believed that he was being treated differently than white players who were
permitted to rest and recover, but he was told to keep playing despite a major injury. For further
INTERROGATORY NO. 14: State whether you have ever filed a claim or been a party
to a lawsuit. If so, state:
a) Nature of claim or lawsuit;
b) Party against whom the claim was made;
c) Court docket number;
d) Name, address, and telephone number of your attorney;
e) Name, address, and telephone number of opposing attorney or claims representative; and
f) Resolution of claim or lawsuit.
12
App. 107
ANSWER: Mr. Cooper attended DeMatha Catholic High School in Hyattsville, Maryland
graduating in 2011. Mr. Cooper attended the University of Iowa from 2011 to 2016. Mr. Cooper
does not recall his college grade point average, but the University of Iowa has the same in its
records. He graduated with two bachelor’s degrees as well as being a member of several leadership
councils. Mr. Cooper was a four-year letterman on the Iowa football team and earned leadership
honors each year. For further response, please refer to any deposition and/or hearing testimony
provided, if any, evidence filed with the court, documents produced in this matter by Plaintiff,
Defendant, and the third-parties, pleadings on file with the court, expert reports, and responses to
Initial Disclosures (including any amendments thereto).
employment.
ANSWER: Product Generation PMO of the ESPC Sustainment for the NOAA SETS
program. For further response, please refer to any deposition and/or hearing testimony provided,
ANSWER: Mr. Cooper was considered a highly coveted football player who was likely
going to play professionally. After the injuries sustained that were exacerbated by playing on those
14
App. 108
injuries at the direction of Iowa, Mr. Cooper was no longer an NFL prospect. The average NFL
contract is $2,000,000.00 per season and the average NFL career is approximately four (4) years.
Additionally, Mr. Cooper lost out on numerous endorsement and sponsorship opportunities. For
further response, please refer to any deposition and/or hearing testimony provided, if any, evidence
filed with the court, documents produced in this matter by Plaintiff, Defendant, and the third-
parties, pleadings on file with the court, expert reports, and responses to Initial Disclosures
(including any amendments thereto).
was calculated.
ANSWER: See Answer to Interrogatory No. 18. Mr. Cooper has been told he will need
knee replacement surgery that stem from Iowa’s actions in requiring and demanding that Mr.
Cooper play while injured. Standing and sitting are difficult for Mr. Cooper as a result of his
injuries. For further response, please refer to any deposition and/or hearing testimony provided, if
any, evidence filed with the court, documents produced in this matter by Plaintiff, Defendant, and
the third-parties, pleadings on file with the court, expert reports, and responses to Initial
ANSWER: Mr. Cooper has acquired numerous skills in the IT field and continues to work
daily to increase his knowledge. For further response, please refer to any deposition and/or hearing
15
App. 109
c) The content of each statement; and
d) Any documents you provided to the Task Force in connection with your statement(s).
I, DARIAN COOPER, swear under penalty of perjury that the foregoing interrogatory
reasonable inquiry.
____________________________________
DARIAN COOPER
19
App. 110

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF JONATHAN PARKER’S

FIRST AMENDED OBJECTIONS AND
UNIVERSITY OF IOWA, BOARD OF ANSWERS TO DEFENDANTS’ FIRST
REGENTS FOR THE STATE OF IOWA; SET OF INTERROGATORIES TO
BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF JONATHAN PARKER
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Jonathan
Parker serves the following first amended responses to Defendants’ First Set of Interrogatories to
Plaintiff Jonathan Parker. With these responses, Plaintiff does not in any way waive or intend to
waive (a) any objections as to competency, relevancy, materiality, privilege, or admissibility as
evidence, for any purpose, of any information that may be disclosed; (b) any objections to any
further interrogatory involving or relating to the same subject matter of any interrogatory answered
here; or (c) any privileges, rights, or immunity under the Federal Rules of Civil Procedure and/or
other applicable laws.
Respectfully submitted on this the 28th day of March, 2022.
App. 111 Exhibit 41

SOLOMON SIMMONS LAW, PLLC
/s/Damario Solomon-Simmons
Damario Solomon-Simmons, OBA # 20340
Kymberli J. M. Heckenkemper, OBA # 33524
Tulsa, OK 74119
Phone: (918) 551-8999
Fax: (918) 582-6106
BARLOW GARSEK & SIMON, LLP

Christian Dennie, TX Bar # 24045775
920 Foch Street
Phone: (817) 731-4500
Fax: (817) 731-6200
cdennie@bgsfirm.com
BMK LAW FIRM, PLLC

Beatriz Mate-Kodjo, AT0012331
Pella, IA 50219
Phone: (641) 450-1668
Fax: (641) 847-7968
Attorneys for Plaintiffs
On March 28, 2022, the Plaintiff Jonathan Parker’s First Amended Objections and
Answers to Defendants’ First Set of Interrogatories to Plaintiff Jonathan Parker was forwarded to
all counsel of record pursuant to the Federal Rules of Civil Procedure.

App. 112
INTERROGATORY NO. 3: If any agent, representative, or employee of Defendants
discussed the subject matter of this lawsuit or Plaintiffs’ First Amended Complaint with you or
any agent of Defendants, state as to each discussion:
a) The date or approximate date of the discussion;
b) The name, address, and telephone number of each person who as a party or witness to the
discussion;
c) The subject matter of the discussion; and
d) The statements made by each participant to the conversation.
ANSWER: Plaintiff Parker had a conversation with Kirk Ferentz after his son, Brian
Ferentz, called Plaintiff Parker a “Black dumbass” in front of the entire team. Despite witnessing
Brian Ferentz making such statement, Kirk Ferentz informed Plaintiff Parker that he would not
side with a player and would “back up” his son, Brian Ferentz. For further response, please refer
to any deposition and/or hearing testimony provided, if any, evidence filed with the court,
documents produced in this matter by Plaintiff, Defendant, and the third-parties, pleadings on file
with the court, expert reports, and responses to Initial Disclosures (including any amendments
thereto).
INTERROGATORY NO. 4: Do you claim that any agent, representative, or employee of
Defendants made any statements or admissions concerning matters alleged in the First Amended
Complaint, and, if so, state:
a) The name and address of the person making said statements or admissions and to whom
such statements or admissions were made;
b) The date and place where such statements or admissions were made;
c) The circumstances giving rise to such statements or admissions;
App. 113
d) The substance of such statements or admissions;
e) The substance of any response made to such statements or admissions; and
f) The name and address of each person who heard such statements or admissions.
ANSWER: Plaintiff Parker had a conversation with Kirk Ferentz after his son, Brian
Ferentz, called Plaintiff Parker a “Black dumbass” in front of the entire team. Despite witnessing
Brian Ferentz making such statement, Kirk Ferentz informed Plaintiff Parker that he would not
side with a player and would “back up” his son, Brian Ferentz. For further response, please refer
thereto).
INTERROGATORY NO. 5: Identify each and every document, statement, or other
communication of any kind, whether written or oral, that you claim was formed the basis of the
contractual relationship between you and the Defendants, as stated in Count IV of your First
Amended Complaint. For each such document, identify it by date, recipients, substance, and
location. For any such statement or communication, identify:
a) The name and address of the person who made the statement or communication;
b) The name and address of any person to whom the statements or communications were
made;
c) The name and address of any person who heard the statements or communications;
d) The date and place where the statements or communications were made;
e) The circumstances giving rise to the statements or communications;
f) The substance of the statements or communications;
App. 114
and/or scholarship offer to you, as referenced in paragraph 138 of the First Amended Complaint.
For each identified college or university, provide the details of the offer made, including the
amount of any offered scholarships and the details of any promises related to participation in any
collegiate athletics associated with each college or university.
ANSWER: University of Tulsa, Miami University (Ohio), Northern Illinois University,
Ball State University, Ohio University, and others that Plaintiff Parker could not recall. Each
university offered Plaintiff Parker a full athletics scholarship. For further response, please refer to
any deposition and/or hearing testimony provided, if any, evidence filed with the court, documents
paragraphs 140, 143, 294, 295, 296, 298, 299, and 300 of Plaintiffs’ First Amended Complaint.
For each such act, identify:
App. 115
ANSWER: Throughout Plaintiff Parker’s tenure, he observed coaches, including Chris Doyle
and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff Parker, about
our hairstyles, clothing, tattoos, jewelry, diction, and the way we walked. Brian Ferentz targeted
players and instructed players to injure other players. After a long session of fielding kickoffs,
Brian Ferentz became angered with me and called me a “Black dumbass” in front of the entire
team. Players and coaches attempted to console Plaintiff Parker after Brian Ferentz racially
discriminated against Plaintiff Parker. It was not uncommon for Brian Ferentz to curse and call
players derogatory and racially discriminatory names. Chris Doyle was notoriously racist and
referred to players in a racially discriminatory fashion on a daily basis. He asked players things
like “what hood are you from?”, “what gang are you in?”, “you are probably going to get shot in
the face in your hood,” and many, many, many other similar comments. He also made fun of
Black players for common dress styles and informed players they could not wear hats, jewelry, or
wear clothing that is commonly associated with Black culture. Additionally, Chris Doyle forced
players to eat more food than they could tolerate, drink excessive amounts of shakes and Gatorade,
and eat undercooked meat. If a player chose not to consume excessive food and beverages, Chris
Doyle would kick them out of the weight room and issue punishment. Black players had no voice
on the team despite most of the team being Black. Black players were often picked last in the
Hawkeye Challenge and were not afforded the opportunity to make change with the racially
discriminatory program. Players were not permitted to be involved in political matters, but it was
permissible for White players to openly discuss politics and even present a Hawkeyes jersey to
President Trump. Kirk Ferentz was aware of every aspect of the program, the racial divide, and
the racial discrimination, but did nothing and, certainly, did not make changes. For further
App. 116
INTERROGATORY NO. 10: Provide the following details for the interaction between
yourself and Defendant Brian Ferentz discussed in paragraph 140 of the First Amended Complaint:
a) The date of the interaction;
b) The location of the interaction;
c) The context for the interaction;
d) The names of any individuals who were present at or witness to the interaction;
e) The name of the other coach who “advised [Plaintiff Parker] he did nothing wrong”; and
f) The names of any individuals who were present at or witness to the interaction between
yourself and the above-mentioned “other coach.”
ANSWER: See Answer to Interrogatory No. 9. In preparation for a bowl game, inside the
indoor practice facility, the team was practicing kickoff returns and Plaintiff Parker was the
returner. Plaintiff Parker fielded a kickoff and attempted to make the tacklers miss, but was
unsuccessful. Brian Ferentz grew agitated and started making negative comments and cursing at
Plaintiff Parker. Plaintiff Parker initially focused on fielding the kickoffs and responded “yes sir”
to Brian Ferentz as Brian Ferentz continued with his profanity laced diatribe. As a new returner
took Plaintiff Parker’s position, Plaintiff Parker tossed the ball to Brian Ferentz, which, for
unknown reasons, infuriated Brian Ferentz. Brian Ferentz threw the football, kicked over a
trashcan, started yelling louder, and grew red in the face. As Plaintiff Parker walked away, Brian
Ferentz called Plaintiff Parker a “Black dumbass” and said “only a dumbass Black player like you
would do some shit like that.” Virtually, the entire team witnessed Brian Ferentz’s actions
App. 117
including, but not limited to, Akrum Wadley, Marcel Joly, Adrian Falconer, Jeerminic Smith, Mat
Vanderberg, Desmond King, Riley Maccron, and many, many more. Additionally, the following
coaches and staff were present: Chris Doyle, Raymond Braithwite, Bobby Kennedy, Phil Parker,
Chris White, Kirk Ferentz, Seth Wallace, Lavar Woods, Kevin Bell, graduate assistants, strength
and conditioning staff, and film crew. After practice, Plaintiff Parker was approached by Phil
Parker and he told me I did nothing wrong, but asked that I apologize to Brian Ferentz.
Subsequently, Plaintiff Parker asked to meet with Kirk Ferentz to discuss the events where Brian
Ferentz called Plaintiff Parker a “Black dumbass”. Kirk Ferentz informed Plaintiff Parker that he
witnessed the events and heard what Brian Ferentz said, but would not side with a player and
would back up his coaches. After that meeting, Kirk Ferentz pushed Plaintiff Parker out of the
program in what Plaintiff Parker believes was an attempt to protect his son, Brian Ferentz, who
made an openly racist comment. For further response, please refer to any deposition and/or hearing
INTERROGATORY NO. 11: Provide the following details for the factual allegations
raised in paragraphs 141 and 142:
a) The date Kirk Ferentz “directed” you to apologize to Defendant Brian Ferentz; and
b) The names of any individuals who were present at or witness to this conversation with Kirk
Ferentz.
ANSWER: Please see Answers to Interrogatory Nos. 9 and 10. The conversation with
Kirk Ferentz was a one-on-one conversation. For further response, please refer to any deposition
and/or hearing testimony provided, if any, evidence filed with the court, documents produced in
10
App. 118
Resigned due to Football Season
Target Distribution Center

1111 Macom Dr
Dekalb, IL 60115
December 2017-April 2018
Distributor Employee
$14 per hour
Supervisor: Don’t Recall
Resigned due to Moving
Norther Illinois University

1245 Stadium Dr.
Dekalb, IL 60115
January 2018 – July 2018
Equipment Manager
Don’t Recall Compensation
Supervisor: Paige (331) 203-3203
Resigned due to Moving
Pappa Bros. Steakhouse

1200 McKinney St.
Houston, TX 77010
October 2018 – March 2020
Server Assistant
$13 per hour
Supervisor: Allan Flecther (713) 658-1995
Resigned due to Pandemic
For further response, please refer to any deposition and/or hearing testimony provided, if
14
App. 119
ANSWER: Yes, Plaintiff Parker is damaged due to lost wages associated with loss of
employment in the dental industry. Plaintiff Parker is aspiring to be a dentist, but was unable to
take classes towards is desires major. Plaintiff Parker was not permitted to major in his desired
course of study. For further response, please refer to any deposition and/or hearing testimony
was calculated.
ANSWER: See Answer to Interrogatory No. 17. For further response, please refer to any
ANSWER: Plaintiff Parker has sought employment, attempted to find employment, and
has continued to seek training. For further response, please refer to any deposition and/or hearing
15
App. 120
INTERROGATORY NO. 20: Do you attribute any physical, mental, or emotional
injuries to the alleged misconduct? If so, identify each such injury and state:
a) Each consultation or examination or treatment from a health care provider you received;
b) The name, address, and telephone number of each such health care provider; and
c) The specific facts upon which you rely to make this attribution.
ANSWER: Yes, Plaintiff Parker has suffered mental and emotional damages as a result of
the racially discriminatory treatment, harassment and bullying during his tenure at the University
of Iowa. Please see Answer to Interrogatory No. 14. For further response, please refer to any
INTERROGATORY NO. 21: Are there any other damages that you attribute to the
alleged misconduct you have identified? If so, please state the specific cause of such damages, the
amount, and how the amount was calculated.
ANSWER: See Answers to Interrogatory Nos. 17-20. Mr. Parker has suffered from
physical, mental, or emotional injuries as a result of the abusive and racially discriminatory
treatment of the University of Iowa and associated staff members. The jury will determine the
damages for such claims. For further response, please refer to any deposition and/or hearing
16
App. 121
INTERROGATORY NO. 22: Please identify any and all contracts that Defendants’
alleged actions impaired Plaintiff’s ability to make and enforce, as described in paragraph 295 of
Plaintiffs’ First Amended Complaint. For each contract, provide the nature of the contract
impacted and the manner in which Defendants’ alleged actions impaired Plaintiff’s ability to make
and/or enforce that contract.
ANSWER: Please see Plaintiff Parker’s financial aid agreements and University of Iowa
policies including harassment, discrimination, and bullying. For further response, please refer to
INTERROGATORY NO. 23: Have you sent a text message, posted on social media, sent
a tweet, sent an email about, or created any other written communications concerning the
allegations you have made in this lawsuit? If so, identify each communication by date, recipients,
mode of communication, and location.
ANSWER: None. For further response, please refer to any deposition and/or hearing
INTERROGATORY NO. 24: Did you ever receive any employment offers from any
professional football team or franchise prior to graduation from college? If so, identify which
teams or franchises provided an offer, the date of the offer, whether you declined the offer, and if
you declined the offer, the reason for your declination.
17
App. 122
INTERROGATORY NO. 25: Did you participate in or provide any statements to the
University of Iowa Athletics Diversity Task Force, as referenced in paragraphs 81-83 of the First
Amended Complaint? If so, identify:
a) The date of each statement;
b) The individual(s) you made each statement to;
INTERROGATORY NO. 26: Did you participate in or provide any statements to the Law
Firm referenced in paragraphs 92-96 of the First Amended Complaint, as part of the Law Firm’s
review of the University football program? If so, identify:
18
App. 123
19
App. 124
I, JONATHAN PARKER, swear under penalty of perjury that the foregoing interrogatory
reasonable inquiry.
_________________________________
ID 5Ms88n2kRKhUE7oJw5qP5Amp
JONATHAN PARKER
20
App. 125
eSignature Details
Signer ID: 5Ms88n2kRKhUE7oJw5qP5Amp

Signed by: Jonathan Parker
Sent to email: p.jonathan23@yahoo.com
IP Address: 172.58.136.55
Signed at: Mar 28 2022, 9:02 am MDT
App. 126

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF AKRUM WADLEY’S

BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF AKRUM WADLEY
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Akrum Wadley
serves the following responses to Defendants’ First Set of Interrogatories to Plaintiff Akrum
Wadley. With these responses, Plaintiff does not in any way waive or intend to waive (a) any
objections as to competency, relevancy, materiality, privilege, or admissibility as evidence, for any
purpose, of any information that may be disclosed; (b) any objections to any further interrogatory
involving or relating to the same subject matter of any interrogatory answered here; or (c) any
privileges, rights, or immunity under the Federal Rules of Civil Procedure and/or other applicable
laws.
App. 127 Exhibit 45

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)

By: ___________________________________
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
On September 30, 2021, the Plaintiff Akrum Wadley’s Objections and Answers to
Defendants’ First Set of Interrogatories to Plaintiff Arkum Wadley was forwarded to all counsel

App. 128
INTERROGATORY NO. 9: Provide the following details regarding the incident between
yourself and Defendant Brian Ferentz as described in paragraph 123 of the First Amended
Complaint:
a) The date of this incident;
b) A description of your full attire during the incident;
c) The names of any individuals who witnessed the incident; and
d) Whether your reported this incident to any University official, and if not, why not.
ANSWER: Please see Answer to Interrogatory No. 8. Each and every incident was
reported to Kirk Ferentz and academic administrators including Liz Tovar and John Bruno. For
INTERROGATORY NO. 10: Provide the following details for the incident between
yourself and Defendant Brian Ferentz described in paragraphs 124 and 125 of the First Amended
Complaint:
a) The date of the incident;
b) Whether you had any interactions with Defendant Ferentz while inside the facility
immediately prior to the incident, and if so, the nature of those interactions;
10
App. 129
c) The name of any individuals who witnessed the incident; and
d) Whether you reported this incident to any University officials, and if not, why not.
ANSWER: Please see Answers to Interrogatory Nos. 8 and 9. Each and every incident
was reported to Kirk Ferentz and academic administrators including Liz Tovar and John Bruno.
For further response, please refer to any deposition and/or hearing testimony provided, if any,
evidence filed with the court, documents produced in this matter by Plaintiff, Defendant, and the
third-parties, pleadings on file with the court, expert reports, and responses to Initial Disclosures
INTERROGATORY NO. 11: Identify the individuals who “forced” you and other
African American or Black football players to drink protein and electrolyte drinks to “make
weight.” Additionally, provide the following details:
a) How frequently University football players were required to “make weight”;
b) How frequently you and/or other African American or Black football players were required
to drink protein and electrolyte drinks as part of “making weight”;
c) The nature of the “discriminatory punishment” associated with failure to “make weight,”
as referenced in paragraphs 126 and 127 of the First Amended Complaint;
d) The names of any University officials involved in carrying out this “discriminatory
punishment”; and
e) Whether you reported any of these actions to any University official, and if not, why not.
ANSWER: Please see Answer to Interrogatory No. 8. As stated above, Chris Doyle (and
the strength and conditioning staff) and Kirk Ferentz. In addition to Plaintiff Wadley, these
individuals forced the following individuals to consume unsafe food and water: Johnathan Parker,
Damond Powell, Andre Harris, Derrick Mitchell, Joshua Jackson, Jerminque Smith, Andrian
11
App. 130
d) Whether your meal card privileges were ever restored, and if so, the details of how that
restoration came about.
ANSWER: Please see Answer to Interrogatory No. 8. For further response, please refer
thereto).
INTERROGATORY NO. 16: Identify the members of “staff and administration” to
whom you took your “grievances,” as referenced in paragraph 132 of the First Amended
Complaint. Additionally, provide the date(s) on which you raised these grievances, the names of
any individuals who witnessed your conversations with these staff and administration officials,
and identify any documentation relating to these grievances.
ANSWER: Please see Answer to Interrogatory No. 8. Plaintiff Wadley addressed his
grievances with Chris Doyle, Brian Ferentz, and Kirk Ferentz. Each and every incident was
reported to Kirk Ferentz and academic administrators including Liz Tovar and John Bruno. For
INTERROGATORY NO. 17: Identify the therapist you met with for mental health
counseling, as referenced in paragraphs 134, 135, and 136 of the First Amended Complaint.
Additionally, identify any documentation related to your mental health counseling arranged
through the University.
14
App. 131
this dispute. Plaintiff further objects as many of Plaintiff’s records are held and maintained by the
University of Iowa. Subject to and without waiving the foregoing objection(s), please Answer to
Interrogatory No. 17. All such records are in the possession of the University of Iowa, but have
not been produced to Mr. Mends or in this litigation. For further response, please refer to any
INTERROGATORY NO. 22: Describe your education history, beginning with high
school, and identify the institutions attended, years of attendance, graduation date, grade point
average, and honors or awards earned.
ANSWER: University High School – graduated June 2013, but does not recall his grade
point average. University of Iowa – 2013-2017, but did not graduate and does not recall his grade
point average. Plaintiff Wadley’s plethora of honors can be found at
https://hawkeyesports.com/roster/akrum-wadley/. For further response, please refer to any
employment.
17
App. 132
ANSWER: Hyvee Supermarket at 1125 N. Dodge St., Iowa City, Iowa. Plaintiff
Wadley’s supervisor’s name was Peggy. He was employed from July 2015-August 2015. He does
not recall the pay.
Robert A. Lee Recreation at 220 S. Gilbert St., Iowa City, Iowa. He was employed July
2016-August 2016. Plaintiff Wadley does not recall the name of his supervisor or the rate of pay.
Tennessee Titans at 460 Great Circle Rd., Nashville, Tennessee. He was employed from
April 2018-September 2018. Plaintiff Wadley’s supervisor was Mike Vrable. He does not recall
the pay.
Atlanta Legends in Atlanta, Georgia. He was employed from January 2019-April 2019.
Plaintiff Wadley’s supervisor was Kevin Coyle. He does not recall the pay.
Houston Roughnecks in Houston, Texas. He was employed from November 2019-January
2020. Plaintiff Wadley’s supervisor was June Jones. He does not recall the pay.
ANSWER: The University of Iowa football coaching staff tarnished the reputation of
Plaintiff Wadley to NFL coaching staffs resulting in loss of employment and loss of sponsorship
revenue estimated to be $15,000,000.00-$20,000,000.00. Plaintiff Wadley was considered a third
round pick and was promised endorsement upon being drafted. All of that went way after members
18
App. 133
of the University of Iowa coaching staff painted a negative picture of Plaintiff Wadley. For further
was calculated.
ANSWER: The University of Iowa football coaching staff tarnished the reputation of
Plaintiff Wadley to NFL coaching staffs resulting in loss of employment and loss of sponsorship
revenue estimated to be $15,000,000.00-$20,000,000.00. Plaintiff Wadley was considered a third
round pick and was promised endorsement upon being drafted. All of that went way after members
of the University of Iowa coaching staff painted a negative picture of Plaintiff Wadley. For further
19
App. 134
I, AKRUM WADLEY, swear under penalty of perjury that the foregoing interrogatory
reasonable inquiry.
____________________________________
ID dypN7t6JUNBDASY4bCnKM1T5
AKRUM WADLEY
23
App. 135
eSignature Details
Signer ID: dypN7t6JUNBDASY4bCnKM1T5

Signed by: Akrum Wadley
Sent to email: wadley.akrum@gmail.com
IP Address: 73.112.73.37
Signed at: Sep 30 2021, 12:43 pm CDT
App. 136
Case
1/14/22, 4:34 PM 4:20-cv-00366-SMR-HCA Leistikow:
Document 128-2
The Akrum WadleyFiled 08/18/22
interview Page 142 of 466
I'll never forget
CHAD LEISTIKOW
Leistikow: The Akrum Wadley interview

I'll never forget
Chad Leistikow Hawk Central
Published 5:20 p.m. CT Sept. 12, 2017 Updated 9:39 p.m. CT Sept. 12, 2017
IOWA CITY, Ia. — After football games, a reporter’s time is of the essence. If you’re lucky,
you might spend five minutes with a player.
You’re even luckier if you get him alone to ask one or two questions.
They’re on a controlled schedule. Especially in newspapers, you’re on a deadline. Media

members are looking for content and are in a necessary rush to produce it. It's a blur.
In covering Iowa football, one of my most vivid postgame interviews occurred on Oct. 17,
2015. The banged-up Hawkeyes had just improved to 7-0 with a 40-10 win at Northwestern,
a rout nobody — not even Kirk Ferentz — could have seen coming.
I don’t remember why, but I ducked out of Ferentz’s news conference early. When I got to
where players were assembling, there was Akrum Wadley, standing alone, between the team
bus and an entry ramp to Ryan Field.
As I approached the young fourth-string running back from Newark, N.J., he began to smile.
If the smile left his face in the minutes we talked before other reporters arrived, it was only
briefly.
This was a young man whose football life had been crumbling. He was essentially benched
after a fumble in the season opener against Illinois State, and coaches continued to harp on
his inability to maintain a proper weight. Maybe the recruiting pundits who rated him with
two stars were right. He wasn’t ready for the big-time.
But when injuries sidelined Iowa’s top two options (LeShun Daniels Jr. was out, and Jordan
Canzeri suffered a game-ending injury in the first quarter), in-a-pinch Iowa coaches turned
to Wadley — a chance he couldn’t have counted on coming.
Exhibit 50
https://www.hawkcentral.com/story/sports/college/columnists/chad-leistikow/2017/09/12/leistikow-akrum-wadley-interview-ill-never-forget-northwestern… 1/4
App. 137
Case
Document 128-2
I'll never forget
He delivered.
I’ll never forget the combination of happiness and relief emanating from Wadley’s voice and
his face after he had become an unlikely hero: 26 carries, 204 yards, four touchdowns … and
no fumbles.
“Just been grinding, day in and day out,” Wadley said afterward. “Today was a great day for
me.”
It was the type of postgame interview that doesn’t come along often. Wadley confided some
other stuff that day, like how he was struggling to follow through with the food consumption
plan the coaches had for him.
The most memorable and telling quote of what was going on inside his head still sticks in my
memory.
“I knew this game would probably either make me,” he said then, “or break me.”
Now, almost two years later — even after his one-man show in 2016 to help stun Michigan
and his highlight-reel performance in Saturday’s 44-41 overtime win at Iowa State — Wadley
still considers what happened in Evanston, Ill., as his favorite performance.
“That was like a turning point,” he said Tuesday.
For him. And for the Hawkeyes.
Without Wadley, there are at least two Iowa wins last year (Minnesota, Michigan) that are
likely losses.
And there’s no way the Hawkeyes rally from multiple fourth-quarter deficits past the
Cyclones last Saturday without Wadley’s heroics.
He racked up 260 all-purpose yards (118 rushing, 72 receiving and 70 on kick returns) on a
career-high 35 touches. His 46-yard catch and run with 69 seconds left in regulation that
forced overtime still has Hawkeye fans buzzing.
Yeah, he’s re-watched that play, too, where he beat Iowa State linebacker Joel Lanning, then
scooted up the left sideline, eluding and powering through defenders before lunging past the
goal line.
“I just can hear coaches in my ear. 'Finish runs,'” Wadley said. “Vertical and violent. Coach
(Chris) Doyle always talks about that. And just being a finisher. That’s what coach Brian
App. 138
Case
Document 128-2
I'll never forget
(Ferentz) always talks about. Finish, finish.”
Wadley’s career, like getting his weight over 190 pounds, has been a process.
Last fall, thrust into a co-starter role with Daniels, he delivered memorable moments. He
busted a 54-yard, fourth-quarter touchdown run to beat the Gophers; his 75-yarder began
the 40-10 season-ending rout against Nebraska. For the year, he compiled nearly 1,400 yards
from scrimmage and was met with a stay-or-go decision regarding the NFL.
He stayed.
And now he’s the man at Iowa. And that’s despite the addition of grad-transfer James Butler,
a big rusher in the Mountain West.
Wadley has 52 of Iowa’s 72 running-back carries and ranks fourth nationally with 203 all-
purpose yards per game.
Like Wadley, Iowa’s coach has come a long way on this topic.
Last year, Kirk Ferentz rarely completed an answer about Wadley without mentioning his
needing to up his body weight.
In July at Big Ten Conference media days, Ferentz took exception with a comparison
between Wadley and former Hawkeye Ronnie Harmon.
By Tuesday, Ferentz had come around on the Wadley-Harmon similarities.
Wadley even spilled the beans that Ferentz had instructed him to watch some old Harmon
highlights from the 1980s. (He planned to do it Tuesday after class.)
“The comparison there would be Akrum does some stuff with the ball in his hands that none
of us can coach,” Ferentz said. “We'd love to, but you can't coach or give that to a guy. Ronnie
was the same way. I think they're similar in the fact that Ronnie's one of the tougher, more
competitive guys I've ever been around.
“Akrum likes playing. That was a full day's work he got in the other day. Probably more than
he needed, but we needed him. That last touchdown he scored, that was a lot of individual
effort, and Ronnie had some of those similarities, too.”
At some point, Ferentz acknowledged, Wadley needs to have his workload lightened. Wadley
had a light wrap around his right knee during interviews Tuesday.
“That’s for fashion,” he said. “I’m fine.”

App. 139
Case
Document 128-2
I'll never forget
There was that grin again, the one he flashes often and certainly had after the
Northwestern game in 2015.
And he'll have it on Saturday against North Texas when, for the first time, Wadley will be a
gameday captain at Iowa.
From a guy the coaches couldn’t trust to getting the honor of walking to midfield with his
Hawkeye brothers for the coin toss.
It’s been quite an unlikely journey. But Wadley has earned this.
That’s worth a smile.
Hawkeyes columnist Chad Leistikow has covered sports for 23 years with The Des Moines
Register, USA TODAY and Iowa City Press-Citizen. Follow @ChadLeistikow on Twitter.
App. 140
6/4/2021 Case 4:20-cv-00366-SMR-HCA
Walking away a Document
winner - Sports -128-2
The HawkFiled 08/18/22
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Sports
By John Bohnenkamp
Posted Nov 14, 2017 at 9:11 PM
Updated Nov 14, 2017 at 9:11 PM
IOWA CITY — The party. Akrum Wadley laughed when asked about the party.
Back in the winter of 2015, when he issued a Facebook invitation to the Iowa
class of 2017 to come to a party at the house where Wadley and fellow running
back Jonathan Parker lived.
A lot of people accepted the invitation.
“It was wild,” Wadley said Tuesday, talking about the past while getting ready for
the Hawkeyes’ senior day at Saturday’s game against Purdue at Kinnick Stadium.
Wadley and Parker were ticketed for a disorderly house, and, of course, had to
meet with Iowa coach Kirk Ferentz.
“He was mad,” Wadley said, laughing at the memory. “You ask him, he’ll tell you.
He was heated.”
Wadley and Ferentz have met a lot throughout the running back’s career.
It’s all good, Wadley said.
“If they stop talking to you, you should worry,” he said. “It’s all for the greater
good.
“I’m a coachable guy. I can’t imagine him waking up and saying, ‘I’m going to go
after Akrum today.’ It’s all business. It’s all for the good of the team.”
Ferentz has been after Wadley about a few things in his career besides the party.
Wadley’s fumbling issues early in his career have been one topic, his constant
battle to gain weight and keep the pounds on is another.
Exhibit 62
https://www.thehawkeye.com/sports/20171114/walking-away-winner 1/2
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Walking away a Document
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The HawkFiled 08/18/22
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- Burlington, IA 147 of 466
“I’m still battling with the weight,” Wadley said.
When one member of the media said he has the same issue, Wadley laughed.
“Give me some of those pounds,” he said.
All kidding aside, Wadley is going to leave Iowa as one of the best running backs
in the program’s history. He has rushed for 2,547 career yards, 10 away from
passing Owen Gill for eighth place on the school’s career list. His 30 touchdowns
rank sixth all time — he needs just seven to pass all-time leader Tavian Banks.
For a player who didn’t get a lot of Division I recruiting attention in high school,
Wadley has proven what Ferentz heard before recruiting him.
“I think at that time his only offer was Temple, so we looked at his film, really
liked it, went out and met him and was really impressed with him, and I met his
mom, a tremendous lady,” Ferentz said. “So everybody was just very, very
positive about him, and we ended up offering him, and it’s really worked out
well. He’s had a tremendous career, and it would be great to see him finish on a
strong note.”
Wadley, a 1,000-yard rusher last season, has 784 rushing yards this season with
two regular-season games and a bowl game remaining.
He was asked what he had learned in his Hawkeye career.
“Not being complacent,” Wadley said. ” It’s just life experience. You can be up,
the next day you can be down. It’s all about consistency. Have as many good days
as you can. I think about it every day, every day I wake up. Five o’clock in the
morning.”
Senior day has its emotions, but Wadley isn’t going to show them.
“I do feel it,” he said, patting his chest. “It’s hard for me to break down. Ever seen
a grown man cry?”
Someone asked him what he wanted from that last game at Kinnick.
“A win,” Wadley said. “I want to walk out of there with a win. The more
important thing is walking out with a victory.”
https://www.thehawkeye.com/sports/20171114/walking-away-winner 2/2
App. 142

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF AKRUM WADLEY’S

$0(1'('OBJECTIONS AND
UNIVERSITY OF IOWA, BOARD OF ANSWERS TO DEFENDANTS’
REGENTS FOR THE STATE OF IOWA; FIRST SET OF
BRIAN FERENTZ; and CHRISTOPHER INTERROGATORIES TO
DOYLE. PLAINTIFF AKRUM WADLEY
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Akrum Wadley
serves the following responses to Defendants’ First Set of Interrogatories to Plaintiff Akrum
Wadley. With these responses, Plaintiff does not in any way waive or intend to waive (a) any
laws.
Respectfully submitted on this the 17th day of May, 2022.
App. 143 Exhibit 73

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 558-8039 (facsimile)
BARLOW, GARSEK & SIMON, LLP

920 Foch Street
Phone: (817) 731-4500
Fax: (817) 731-6200
cdennie@bgsfirm.com
BMK LAW FIRM, PLLC

Pella, IA 50219
Phone: (641) 450-1668
Fax: (641) 847-7968
On May 17, 2022, WKH Plaintiff Akrum Wadley’s $PHQGHG Objections and
Answers to Defendants’ First Set of Interrogatories to Plaintiff ANUXP Wadley was
forwarded to all counsel of record pursuant to the Federal Rules of Civil Procedure.

App. 144
paragraphs 122, 123, 124, 125, 126, 127, 130, 131, 258, 261, and 262 of Plaintiffs’ First Amended
Complaint. For each such act, identify:
ANSWER: Throughout Plaintiff Wadley’s tenure, he observed coaches, including Chris
Doyle and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff
Wadley, about their hairstyles, clothing, tattoos, jewelry, diction, and the way they walked. These
comments and actions were made to essentially every Black player on the football team. I also
observed Brian Ferentz call Jonathan Parker a black dumbass.
In or about late October 2017, as the team was finishing practice, Plaintiff Wadley was
jogging from the practice field wearing a team issued Nike skull cap that was given or available to
all players. In addition to the Nike skull cap, Plaintiff Wadley was dressed in full football gear
and pads. These skull caps are commonly worn under helmets by numerous players on the football
team. Brian Ferentz yelled “Hey Akrum, are you going to rob a liquor store with that thing on?”
App. 145
in reference to the skull cap Plaintiff Wadley was wearing. A similar comment was made as the
team was preparing for the Pinstripe Bowl in 2017, but Brian Ferentz said “Hey Akrum, are you
going to rob a gas station with that thing on?” Plaintiff Wadley took these comments as racially
discriminatory, harassment, and bullying. Derrick Mitchell and Marcel Joly have knowledge of
this incident.
Also, in or about October 2017, while preparing for a game against the University of
Minnesota, Kirk Ferentz approached Plaintiff Wadley about the same team issued Nike skull cap
and about wearing a team issue hoodie. Despite the whether being chilly, Kirk Ferentz ridiculed
and chastised Plaintiff Wadley about wearing both items. This occurred in front of the entire
locker room.Apparently, Kirk Ferentz did not believe it was the “Iowa Way” to be warm in team
issued apparel. The coaching staff dreaded Black players wearing hoodies, but had no issue with
White players wearing the same items.
In the presence of Seth Wallace, Lavar Woods, and Phil Parker, Brian Ferentz cursed and
yelled at Plaintiff Wadley in a racially discriminatory, harassing, and bullying manner. Brian
Ferentz even threatened physical violence. Plaintiff Wadley parked his vehicle and ran into the
athletics facility to grab a shake (a shake he was required to drink by Chris Doyle to maintain his
weight). As Plaintiff Wadley was leaving the facility, Brian Ferentz called Plaintiff Wadley a
“dumb motherfucker” and said “who the fuck do you think you are?” Brian Ferentz threatened
Plaintiff Wadley and told him “I will get you when you get back” in a violent tone that threatened
physical violence.
Black players were treated differently in the football program in every respect. White
players would have “sit down” and cordial meetings with coaches to discuss ways they could
improve and make a bigger impact on the team. Black players were threatened and punished
App. 146
without given the opportunity to discuss matters with coaches. Kirk Ferentz and Chris Doyle
constantly ridiculed and threatened Plaintiff Wadley about his weight. Plaintiff Wadley was
required to make weight on a daily basis. Plaintiff Wadley was made to consume unsafe amounts
of shakes, Gatorade/Powerade, water, and food throughout his tenure. Often times, Plaintiff
Wadley was required to make weight before training and required to consumer unsafe quantities
of the above-referenced items. This consumption made Plaintiff Wadley ill and would cause him
to vomit. This was mentally, physically, and emotionally exhausting for Plaintiff Wadley. Marc
Morehouse, a reporter, told Plaintiff Wadley’s mother that Chris Doyle and Brian Ferentz often
asked Mr. Morehouse to pose questions to Plaintiff Wadley about his weight. Plaintiff Wadley’s
mother called to discuss this issue with Kirk Ferentz. Kirk Ferentz told Plaintiff Wadley’s mother
that he was required to make a certain weight to play for the team. These issues persisted
throughout Plaintiff Wadley’s tenure at the University of Iowa.
Oddly, despite the mandated requirement to make weight and having a full athletic
scholarship, Plaintiff Wadley’s meal privileges were revoked. When Plaintiff Wadley reported for
a meal with teammates, he attempted to check-in as he normally did. Plaintiff Wadley was told to
report to Kirk Ferentz. When he went to Kirk Ferentz’s office, Kirk Ferentz had data on Plaintiff
Wadley’s weight measurements and statistics about Plaintiff Wadley’s body weight. Kirk Ferentz
said “when I see these measurements and this inconsistency all I can think of is you doing this
(putting up both middle fingers)”. Kirk Ferentz appeared frustrated and annoyed and said it
appears “you are not eating” and against put both middle fingers. After telling Plaintiff Wadley
he does not compare to former running backs, Kirk Ferentz told Plaintiff Wadley he was taking
his meal privileges to which Plaintiff Wadley responded “how am I supposed to gain weight, if I
App. 147
can’t eat.” Kirk Ferentz then dismissed Plaintiff Wadley. Plaintiff Wadley was unable to use his
meal card.
Plaintiff Wadley, on many occasions, went to Kirk Ferentz to address his concerns with
the above-referenced issues and the systematic racism, harassment, and bullying. Kirk Ferentz did
nothing to change the environment. In fact, Kirk Ferentz would commonly and constantly say he
will never be replaced and there is nothing players can do about it. The issues within program
caused mental and emotional trauma for Plaintiff Wadley.
INTERROGATORY NO. 9: Provide the following details regarding the incident between
yourself and Defendant Brian Ferentz as described in paragraph 123 of the First Amended
Complaint:
a) The date of this incident;
b) A description of your full attire during the incident;
c) The names of any individuals who witnessed the incident; and
d) Whether your reported this incident to any University official, and if not, why not.
ANSWER: Please see Answer to Interrogatory No. 8. This incident occurred in October
2017 while preparing for the game against Minnesota, and Brian Ferentz, Seth Wallace, Phil
Parker, and Levar Woods witnessed it. Plaintiff Wadley did not report this incident as he believed
doing so would be futile. For further response, please refer to any deposition and/or hearing
10
App. 148
INTERROGATORY NO. 10: Provide the following details for the incident between
yourself and Defendant Brian Ferentz described in paragraphs 124 and 125 of the First Amended
Complaint:
a) The date of the incident;
b) Whether you had any interactions with Defendant Ferentz while inside the facility
immediately prior to the incident, and if so, the nature of those interactions;
c) The name of any individuals who witnessed the incident; and
d) Whether you reported this incident to any University officials, and if not, why not.
ANSWER: Please see Answers to Interrogatory Nos. 8 and 9. Plaintiff Wadley did not
report this incident as he believed doing so would be futile. For further response, please refer to
INTERROGATORY NO. 11: Identify the individuals who “forced” you and other
African American or Black football players to drink protein and electrolyte drinks to “make
weight.” Additionally, provide the following details:
a) How frequently University football players were required to “make weight”;
b) How frequently you and/or other African American or Black football players were required
to drink protein and electrolyte drinks as part of “making weight”;
c) The nature of the “discriminatory punishment” associated with failure to “make weight,”
as referenced in paragraphs 126 and 127 of the First Amended Complaint;
11
App. 149
ANSWER: Plaintiff Wadley sympathized with Black players who were ridiculed,
harassed, threatened, discriminated against, and bullied. Because Plaintiff Wadley was close with
the players who had transferred, the coaching staff correctly assumed he supported them. In
addition, he would repost some of those players’ highlights from playing at the universities to
which they transferred. For further response, please refer to any deposition and/or hearing
INTERROGATORY NO. 15: Provide the following details for the allegations raised in
paragraphs 130 and 131 of the First Amended Complaint:
a) The date of the alleged threat made by Kirk Ferentz, as referenced in paragraph 130;
b) The names of any individuals who witnessed Kirk Ferentz allegedly make this threat;
c) The date on which your meal card privileges were denied; and
d) Whether your meal card privileges were ever restored, and if so, the details of how that
restoration came about.
ANSWER: Please see Answer to Interrogatory No. 8. Plaintiff Wadley had to reach out to
Paul Frederick and/or Been Hanson, and they gave him a new meal card with a new ID number.
INTERROGATORY NO. 16: Identify the members of “staff and administration” to
whom you took your “grievances,” as referenced in paragraph 132 of the First Amended
14
App. 150
Complaint. Additionally, provide the date(s) on which you raised these grievances, the names of
any individuals who witnessed your conversations with these staff and administration officials,
and identify any documentation relating to these grievances.
ANSWER: Please see Answer to Interrogatory No. 8. Plaintiff Wadley addressed his
grievances with Chris White and John Bruno. For further response, please refer to any deposition
this matter by Plaintiff, Defendant, and the third-parties, pleadings on file with the court, expert
reports, and responses to Initial Disclosures (including any amendments thereto).
INTERROGATORY NO. 17: Identify the therapist you met with for mental health
counseling, as referenced in paragraphs 134, 135, and 136 of the First Amended Complaint.
Additionally, identify any documentation related to your mental health counseling arranged
through the University.
ANSWER: Plaintiff Wadley does not recall the name of the therapist that was
recommended and coordinated by Broderick Binns. The University of Iowa has or should have
all such records, but they have not been produced to Plaintiff Wadley or in this litigation. For
INTERROGATORY NO. 18: Did you ever request another therapist through the
University or the University football program after your initial therapist “disappeared,” as
referenced in paragraph 136 of the First Amended Complaint? If not, why not?
15
App. 151
ANSWER: When the therapist left the university, Broderick Binns told Plaintiff Wadley
that they would find someone else and reach out to him. After Plaintiff Wadley did not hear back
about it for a while, he followed up, but the situation felt suspicious, so from that point forward he
did not trust any therapist they might have provided. For further response, please refer to any
INTERROGATORY NO. 19: Did you ever inquire as to the reason your initial therapist
“disappeared”? If not, why not?
ANSWER: Plaintiff Wadley questioned Broderick Binns and was told the therapist moved
and accepted another position. Plaintiff Wadley was frustrated and upset, because he enjoyed the
therapist and believed she provided an outlet by which Plaintiff Wadley could express his
frustrations with the systematic racism, threats, harassment, bullying, and discrimination. For
INTERROGATORY NO. 20: State whether you have ever filed a claim or been a party
to a lawsuit. If so, state:
a) Nature of claim or lawsuit;
b) Party against whom the claim was made;
c) Court docket number;
d) Name, address, and telephone number of your attorney;
16
App. 152
VERIFICATION
I, Akrum Wadley, swear under penalty of perjury that the foregoing responses to Defendants’
First Set of Interrogatories are true and correct to the best of my knowledge and belief.
________
____________________________
ID 9nEMWfHnE2RsB7uA9HfEG7nq
AKRUM WADLEY
Dated: _______________________
5/17/2022
25
App. 153
eSignature Details
Signer ID: 9nEMWfHnE2RsB7uA9HfEG7nq

Signed by: Akrum Wadley
Sent to email: wadley.akrum@gmail.com
IP Address: 76.17.126.214
Signed at: May 17 2022, 3:30 pm MDT
App. 154

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF MARCEL JOLY’S

BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF MARCEL JOLY
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Marcel Joly serves
the following responses to Defendants’ First Set of Interrogatories to Plaintiff Marcel Joly. With
App. 155 Exhibit 75

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)

By: ___________________________________
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
On September 30, 2021, the Plaintiff Marcel Joly’s Objections and Answers to Defendants’
First Set of Interrogatories to Plaintiff Marcel Joly was forwarded to all counsel of record pursuant
to the Federal Rules of Civil Procedure.

App. 156
INTERROGATORY NO. 6: Identify each college or university you applied for prior to
accepting admission to the University of Iowa.
ANSWER: Plaintiff Joly received full athletic scholarship offers from the University of
Maryland, Vanderbilt University, Temple University, Old Dominion University, and the
University of Iowa. For further response, please refer to any deposition and/or hearing testimony
App. 157
ANSWER: The taunts and ridicule from Defendant Doyle and Defendant Ferentz were
ongoing and continuous during Plaintiff Joly’s tenure at the University of Iowa. Defendant Doyle
would commonly and consistently mock, make fun of, and ridicule Black players, including
Plaintiff Joly, about our hairstyles, clothing, tattoos, jewelry, diction, and the way we walked.
Defendant Doyle made these comments at the direction of all Black players. Defendant Doyle
looked for any reason to kick Plaintiff Joly out of training. He would often make jokes at Plaintiff
Joly’s expense. On one occasion, he called Omega Psi Phi Fraternity a sorority and made jokes
about Black fraternities after noticing Plaintiff Joly was wearing Omega Psi Phi Fraternity bracelet.
Many people were present, but Plaintiff Joly recalls Raimond Braithwaite and Akrum Wadley
hearing the exchange. On another occasion, Defendant Brian Ferentz told running backs,
including Plaintiff Joly, Toren Young, and Akrum Wadley, that he wished a fullback would “cut”
Brandon Simon to injure him so he would leave the football program. Defendant Brian Ferentz
also told Derick Mitchell in the presence of Plaintiff Joly that his braided hairstyle was not the
“Iowa Way”. He made these comments through a speaker for the team to hear. Defendant Brian
Ferentz instructed the football team to not follow in Colin Kapernick’s footsteps to protest racial
App. 158
oppression, because football and politics should remain separate. Later, white players were
permitted to publicly support and endorse Donald Trump. For further response, please refer to any
INTERROGATORY NO. 9: Provide the following details for the alleged unfair and
needless criticism you received from University football coaching staff regarding your tattoos and
appearance, as referenced in paragraphs 149 and 150 of the First Amended Complaint:
a) A description of your “tattoos and appearance” at the time of the events referenced in
paragraph 149 and 150 of the First Amended Complaint;
b) The date of each incident or act by a member of the University football coaching staff
comprising this “unfair and needless criticism”;
c) The nature of each incident or act;
d) The names of the members of the coaching staff who committed or were involved with
these incidents or acts;
e) The names of any individuals who were witness to any incident or act; and
f) Whether you reported any of these incidents or acts to any University official, and if not,
why not.
ANSWER: Defendant Doyle would commonly and consistently mock, make fun of, and
ridicule Black players, including Plaintiff Joly, about our hairstyles, clothing, tattoos, jewelry,
diction, and the way we walked. Coach Chris White saw Plaintiff Joly wearing a tank top and
asked for Plaintiff Joly to meet him in his office. Coach Chris White told Plaintiff Joly his tattoos
and appearance were not the “Iowa Way”. Plaintiff Joly was told he must keep tattoos covered
App. 159
ANSWER: Yes, Defendants’ actions caused Plaintiff Joly damages resulting from
Defendants’ actions that have denied Plaintiff Joly the opportunity to obtain a college coaching
job. Plaintiff Joly has lost the opportunity for annual salaries of $150,000.00-300,000.00 since his
graduation from the University of Iowa in 2017. Please see also Answer to Interrogatory No. 16.
was calculated.
ANSWER: Based on Defendants’ actions and continued actions, Plaintiff Joly has been
unable to obtain a position as a college running backs coach, which generally pays $150,000.00-
300,000.00 per year, since his graduation from the University of Iowa in 2017. For further
12
App. 160
ANSWER: Plaintiff Joly has applied for open positions and attempted to inform
employees that the impression of him giving by Defendants is not accurate. For further response,
ANSWER: After graduating from the University of Iowa, Plaintiff Joly’s mental state has
been compromised including his self-confidence, passion for football, and his overall mental
health. During and following his tenure at Iowa, Plaintiff Joly never felt “good enough” despite
giving his absolute best to put Iowa in a position of success. He was threatened and ridiculed
throughout his tenure, which made him feel like he was not capable of being successful. The
negative racial treatment took a great toll on Plaintiff Joly’s health. Being ridiculed for merely
being Black was hard for Plaintiff Joly and others to understand and comprehend. For further
13
App. 161
ANSWER: No. For further response, please refer to any deposition and/or hearing
ANSWER: Yes, Plaintiff Joly provided a written statement to Husch Blackwell in July
2020 responding to questions posed by Husch Blackwell. For further response, please refer to any
I, MARCEL JOLY, swear under penalty of perjury that the foregoing interrogatory
reasonable inquiry.
____________________________________
MARCEL JOLY
16
App. 162

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF MARCEL JOLY’S

$0(1'(' OBJECTIONS AND
UNIVERSITY OF IOWA, BOARD OF ANSWERS TO DEFENDANTS’
REGENTS FOR THE STATE OF IOWA; FIRST SET OF
BRIAN FERENTZ; and CHRISTOPHER INTERROGATORIES TO
DOYLE. PLAINTIFF MARCEL JOLY
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Marcel Joly serves
the following responses to Defendants’ First Set of Interrogatories to Plaintiff Marcel Joly. With
Respectfully submitted on this the WKGay of 0D\.
App. 163 Exhibit 77

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 558-8039 (facsimile)
BARLOW, GARSEK & SIMON, LLP

920 Foch Street
Phone: (817) 731-4500
Fax: (817) 731-6200
cdennie@bgsfirm.com
BMK LAW FIRM, PLLC

Pella, IA 50219
Phone: (641) 450-1668
Fax: (641) 847-7968
On May, 2022, the Plaintiff Marcel Joly’s $PHQGHG Objections and Answers to
Defendants’ First Set of Interrogatories to Plaintiff Marcel Joly was forwarded to all counsel of
record pursuant to the Federal Rules of Civil Procedure.

App. 164
INTERROGATORY NO. 6: Identify each college or university you applied for prior to
accepting admission to the University of Iowa.
ANSWER: Plaintiff Joly received full athletic scholarship offers from the University of
Maryland, Vanderbilt University, Temple University, Old Dominion University, and the
University of Iowa. For further response, please refer to any deposition and/or hearing testimony
App. 165
ANSWER: The taunts and ridicule from Defendant Doyle and Defendant Ferentz were
ongoing and continuous during Plaintiff Joly’s tenure at the University of Iowa. Defendant Doyle
would commonly and consistently mock, make fun of, and ridicule Black players, including
Plaintiff Joly, about our hairstyles, clothing, tattoos, jewelry, diction, and the way we walked.
Defendant Doyle made these comments at the direction of all Black players. Defendant Doyle
looked for any reason to kick Plaintiff Joly out of training. He would often make jokes at Plaintiff
Joly’s expense. On one occasion, he called Omega Psi Phi Fraternity a sorority and made jokes
about Black fraternities after noticing Plaintiff Joly was wearing Omega Psi Phi Fraternity bracelet.
Many people were present, but Plaintiff Joly recalls Raimond Braithwaite and Akrum Wadley
hearing the exchange. On another occasion, Defendant Brian Ferentz told running backs,
including Plaintiff Joly, Toren Young, and Akrum Wadley, that he wished a fullback would “cut”
Brandon Simon to injure him so he would leave the football program. Coach Chris White also
told Derick Mitchell in the presence of Plaintiff Joly that his braided hairstyle was not the “Iowa
Way”. He made these comments through a speaker for the team to hear. Defendant Brian Ferentz
instructed the football team to not follow in Colin Kapernick’s footsteps to protest racial
App. 166
oppression, because football and politics should remain separate. Yet, White players were
permitted to publicly support and endorse Donald Trump. For further response, please refer to any
INTERROGATORY NO. 9: Provide the following details for the alleged unfair and
needless criticism you received from University football coaching staff regarding your tattoos and
appearance, as referenced in paragraphs 149 and 150 of the First Amended Complaint:
a) A description of your “tattoos and appearance” at the time of the events referenced in
paragraph 149 and 150 of the First Amended Complaint;
b) The date of each incident or act by a member of the University football coaching staff
comprising this “unfair and needless criticism”;
c) The nature of each incident or act;
d) The names of the members of the coaching staff who committed or were involved with
these incidents or acts;
e) The names of any individuals who were witness to any incident or act; and
f) Whether you reported any of these incidents or acts to any University official, and if not,
why not.
ANSWER: Defendant Doyle would commonly and consistently mock, make fun of, and
ridicule Black players, including Plaintiff Joly, about our hairstyles, clothing, tattoos, jewelry,
diction, and the way we walked. Coach Chris White saw Plaintiff Joly wearing a tank top and
asked for Plaintiff Joly to meet him in his office. Coach Chris White told Plaintiff Joly his tattoos
and appearance were not the “Iowa Way”. Plaintiff Joly was told he must keep tattoos covered
App. 167
1-2 months
Salesperson
DarCars Automotive Group
1-2 months
ANSWER: Yes, Defendants’ actions caused Plaintiff Joly damages resulting from
Defendants’ actions that have denied Plaintiff Joly the opportunity to obtain a college coaching
job. Plaintiff Joly has lost the opportunity for annual salaries of $150,000.00-300,000.00 since his
graduation from the University of Iowa in 2017. Please see also Answer to Interrogatory No. 16.
was calculated.
12
App. 168
ANSWER: Based on Defendants’ actions and continued actions, Plaintiff Joly has been
unable to obtain a position as a college running backs coach, which generally pays $150,000.00-
300,000.00 per year since his graduation from the University of Iowa in 2017. For further
ANSWER: Plaintiff Joly has not applied for any open coaching jobs. He believes doing
so would be futile, as no coaches have reached out to him because Defendants have disparaged
him.
ANSWER: After graduating from the University of Iowa, Plaintiff Joly’s mental state has
been compromised including his self-confidence, passion for football, and his overall mental
health. During and following his tenure at Iowa, Plaintiff Joly never felt “good enough” despite
giving his absolute best to put Iowa in a position of success. He was threatened and ridiculed
throughout his tenure, which made him feel like he was not capable of being successful. The
negative racial treatment took a great toll on Plaintiff Joly’s health. Being ridiculed for merely
13
App. 169
VERIFICATION
I, Marcel Joly, swear under penalty of perjury that the foregoing responses to Defendants’ First
Set of Interrogatories are true and correct to the best of my knowledge and belief.
________
____________________________
ID dWAqjo9Bo3dGz7atjU7363uK
MARCEL JOLY
5/17/2022
Dated: _______________________
App. 170
eSignature Details
Signer ID: dWAqjo9Bo3dGz7atjU7363uK

Signed by: Marcel Joly
Sent to email: marceljoly43@yahoo.com
IP Address: 172.58.187.209
Signed at: May 17 2022, 12:06 pm MDT
App. 171

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF BRANDON SIMON’S

BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF BRANDON SIMON
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Brandon Simon
serves the following responses to Defendants’ First Set of Interrogatories to Plaintiff Brandon
Simon. With these responses, Plaintiff does not in any way waive or intend to waive (a) any
laws.
App. 172 Exhibit 83

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)

By: ___________________________________
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
On September 30, 2021, the Plaintiff Brandon Simon’s Objections and Answers to
Defendants’ First Set of Interrogatories to Plaintiff Brandon Simon was forwarded to all counsel

App. 173
paragraphs 219, 220, 221, 258, 261, and 262 of Plaintiffs’ First Amended Complaint. For each
such act, identify:
ANSWER: : Throughout Plaintiff Simon’s tenure, he observed coaches, including Chris
Doyle and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff Simon,
about their hairstyles, clothing, tattoos, jewelry, diction, the way they walked, and African
American heritage. Defendant Doyle was notorious for portraying Black players as a stereotype
and harassing and threatening Black players. On multiple occasions, Defendant Doyle told
Plaintiff Simon to “go back to the streets”, “go back to the hood”, and said “I’ll send you back to
the ghetto”. Plaintiff Simon recalls Raimond Braithwaite being present for these comments. On
another occasion, Defendant Doyle ridiculed and harassed Plaintiff Simon by mocking him by
turning his hat sideways, pulling his pants down to “sag”, and speaking in a racially derogatory
App. 174
manner in what Defendant Doyle considered to be Black dialect. This display of ignorance and
harassment was made in the Iowa weightroom in front of numerous players including Emmanuel
Rugamba. There were other times Defendant Doyle mocked other players in a similar fashion and
other times Defendant Doyle made other similar theatric displays at the expense of Plaintiff Simon.
Plaintiff Simon was expected to grin and bear Defendant Doyle’s racist behavior, because Coach
Reese Morgan told Plaintiff Simon Defendant Doyle and Kirk Ferentz often communicated about
players and any stance taken by Plaintiff Simon against racist behavior would negatively affect
Plaintiff’s playing time and tenure at Iowa. These comments and actions were made to essentially
every Black player on the football team. For further response, please refer to any deposition and/or
hearing testimony provided, if any, evidence filed with the court, documents produced in this
matter by Plaintiff, Defendant, and the third-parties, pleadings on file with the court, expert reports,
and responses to Initial Disclosures (including any amendments thereto).
INTERROGATORY NO. 9: Identify the college or university you transferred to as
referenced in paragraph 222 of the First Amended Complaint. Additionally, identify any
scholarships or athletic offers you received from this college or university, as well as the date of
your transfer.
ANSWER: Plaintiff Simon transferred to Illinois State University in 2019 on a full athletic
scholarship. For further response, please refer to any deposition and/or hearing testimony
INTERROGATORY NO. 10: Identify each agent, representative, or employee of
Defendants, if any, to whom you reported any complaints of allegedly discriminatory acts or
App. 175
ANSWER: No. For further response, please refer to any deposition and/or hearing
I, BRANDON SIMON, swear under penalty of perjury that the foregoing interrogatory
reasonable inquiry.
____________________________________
BRANDON SIMON
16
App. 176

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF BRANDON SIMON’S

AMENDED OBJECTIONS AND
UNIVERSITY OF IOWA, BOARD OF ANSWERS TO DEFENDANTS’ FIRST
REGENTS FOR THE STATE OF IOWA; SET OF INTERROGATORIES TO
BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF BRANDON SIMON
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Brandon Simon
serves the following responses to Defendants’ First Set of Interrogatories to Plaintiff Brandon
Simon. With these responses, Plaintiff does not in any way waive or intend to waive (a) any
laws.
Respectfully submitted on this the 16th day of June, 2022.
App. 177 Exhibit 84

SOLOMON SIMMONS LAW
By:___/s/ Kymberli J. M. Heckenkemper

(918) 551-8999 (telephone)
(918) 558-8039 (facsimile)
On June 16, 2022, the Plaintiff Brandon Simon’s Amended Objections and Answers to
/s/ Kymberli J. M. Heckenkemper

Kymberli J. M. Heckenkemper
INTERROGATORY NO. 1: Identify each person who participated in or was consulted
concerning the preparation of answers to these Interrogatories and the responses to Defendants’
corresponding First Request for Production of Documents or who supplied information used or
reviewed in connections with the preparation of these answers or response to production of
documents. For each individual identified, state which response they assisted in preparing.
ANSWER: Brandon Simon with the assistance of counsel.
INTERROGATORY NO. 2: Identify all persons known to you or to your attorneys that
have any knowledge relevant to this matter, the allegations in Plaintiffs’ First Amended Complaint
App. 178
paragraphs 219, 220, 221, 258, 261, and 262 of Plaintiffs’ First Amended Complaint. For each
such act, identify:
ANSWER: : Throughout Plaintiff Simon’s tenure, he observed coaches, including Chris
Doyle and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff Simon,
about their hairstyles, clothing, tattoos, jewelry, diction, the way they walked, and African
American heritage. Defendant Doyle was notorious for portraying Black players as a stereotype
and harassing and threatening Black players. On multiple occasions, Defendant Doyle told
Plaintiff Simon to “I’ll send you back to the streets”. Plaintiff Simon recalls Raimond Braithwaite
being present for these comments. On another occasion, Defendant Doyle ridiculed and harassed
Plaintiff Simon by mocking him by turning his hat sideways, pulling his pants down to “sag”, and
speaking in a racially derogatory manner in what Defendant Doyle considered to be Black dialect.
This display of ignorance and harassment was made in the Iowa weightroom in front of numerous
App. 179
players including Emmanuel Rugamba. There were other times Defendant Doyle mocked other
players in a similar fashion and other times Defendant Doyle made other similar theatric displays
at the expense of Plaintiff Simon. Plaintiff Simon was expected to grin and bear Defendant
Doyle’s racist behavior, because Coach Reese Morgan told Plaintiff Simon Defendant Doyle and
Kirk Ferentz often communicated about players and any stance taken by Plaintiff Simon against
racist behavior would negatively affect Plaintiff’s playing time and tenure at Iowa. These
comments and actions were made to essentially every Black player on the football team.
Additionally, Plaintiff Simon never made the travel list and often did not dress for home games,
because the coaching staff would find reasons to punish him, which Plaintiff Simon believes was
because of his race. For further response, please refer to any deposition and/or hearing testimony
INTERROGATORY NO. 9: Identify the college or university you transferred to as
your transfer.
ANSWER: Plaintiff Simon transferred to Illinois State University in 2019 on a full athletic
App. 180
ANSWER: Plaintiff Simon started high school at Paramus Catholic and transferred to Don
Bosco Prep in Ramsey, NJ in the middle of his sophomore year. He graduated from Don Bosco in
2016. Plaintiff Simon does not recall his grade point average, but Defendant Iowa likely has the
same on his high school transcripts in Defendant Iowa’s possession. Plaintiff Simon is currently
enrolled at Illinois Stated University. Honors and awards can be found at
https://goredbirds.com/sports/football/roster/brandon-simon/9829. For further response, please
refer to any deposition and/or hearing testimony provided, if any, evidence filed with the court,
thereto).
employment.
ANSWER: Plaintiff Simon is a recent graduate from Illinois State University in December
2021 and does not have employment history as of yet. For further response, please refer to any
11
App. 181
teams or franchises provided an offer, the date of the offer, whether you declined the offer, and if
you declined the offer, the reason for your declination.
ANSWER: Plaintiff Simon is currently a student-athlete at Illinois State University and,
thus, has not yet received professional offers. For further response, please refer to any deposition
INTERROGATORY NO. 23: Did you participate in or provide any statements to the
University of Iowa Athletics Diversity Task Force, as referenced in paragraphs 81-83 of the First
Amended Complaint? If so, identify:
ANSWER: Please see Answers to Interrogatory Nos. 2, 8, 12, 18, and 19. Plaintiff Simon
met with Liz Tovar, John Bruno, and Broderick Binns in what he believes was April 2018 or May
2018 (the specific date is unknown) and was asked about his experiences within the Iowa football
team. Plaintiff Simon detailed the racial discrimination, harassment, and bullying he and his Black
teammates experienced on a daily basis. Plaintiff Simon explained that Black players were
ridiculed, harassed, mocked, and bullied merely for being Black. Plaintiff Simon further explained
that Defendant Doyle made comments about sending players back to the “streets”and mocked
Black style of dress and heritage. Additionally, he explained that Black players were drug tested
far more often than White players for no reason and without cause. Despite Plaintiff Simon’s
15
App. 182
accounts, nothing changed. For further response, please refer to any deposition and/or hearing
ANSWER: Plaintiff Simon does not recall whether or not he made statements to Husch
Blackwell. For further response, please refer to any deposition and/or hearing testimony provided,
16
App. 183
I, BRANDON SIMON, swear under penalty of perjury that the foregoing interrogatory
reasonable inquiry.
Brandon S
____________________________________
ID KqabhNWisBPRwYW6Jr3v3Epp
BRANDON SIMON
17
App. 184
eSignature Details
Signer ID: KqabhNWisBPRwYW6Jr3v3Epp

Signed by: Brandon Simon
Sent to email: bsimon05@gmail.com
IP Address: 174.206.225.133
Signed at: Jun 17 2022, 2:52 pm MDT
App. 185

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF JAVON FOY’S AMENDED

BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF JAVON FOY
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Javon Foy serves
the following amended responses to Defendants’ First Set of Interrogatories to Plaintiff Javon Foy.
With these responses, Plaintiff does not in any way waive or intend to waive (a) any objections as
to competency, relevancy, materiality, privilege, or admissibility as evidence, for any purpose, of
any information that may be disclosed; (b) any objections to any further interrogatory involving or
Respectfully submitted on this the 16th day of June, 2022.
SOLOMON SIMMONS LAW
By:___/s/ Kymberli J. M. Heckenkemper

App. 186 Exhibit 86


(918) 551-8999 (telephone)
(918) 558-8039 (facsimile)
On June 16, 2022, the Plaintiff Javon Foy’s Amended Objections and Answers to
/s/ Kymberli J. M. Heckenkemper

Kymberli J. M. Heckenkemper
INTERROGATORY NO. 1: Identify each person who participated in or was consulted
concerning the preparation of answers to these Interrogatories and the responses to Defendants’
corresponding First Request for Production of Documents or who supplied information used or
reviewed in connections with the preparation of these answers or response to production of
documents. For each individual identified, state which response they assisted in preparing.
ANSWER: Javon Foy with the assistance of counsel.
INTERROGATORY NO. 2: Identify all persons known to you or to your attorneys that
have any knowledge relevant to this matter, the allegations in Plaintiffs’ First Amended Complaint
and Defendants’ Answer. For each individual identified, provide his or her name, address,
App. 187
ANSWER: Southeast Missouri State University, Central Missouri, and lower level AA
schools the identity of which Plaintiff Foy cannot recall. For further response, please refer to any
ANSWER: Southeast Missouri State University, University of Central Missouri, Upper
Iowa University, and Augustana University. These institutions offered Plaintiff Foy a full
App. 188
ANSWER: Throughout Plaintiff Foy’s tenure, he observed coaches, including Chris Doyle
and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff Foy, about
our hairstyles, clothing, tattoos, jewelry, diction, and the way we walked. These comments and
actions were made to essentially ever Black player on the football team. In reference to Plaintiff
Foy, Chris Doyle said “I have no need for this ghetto kid.” For further response, please refer to
INTERROGATORY NO. 9: Do you contend that the sole or primary reason for your
temporary suspension, as referenced in paragraph 228 of the First Amended Complaint, was the
traffic stop referenced in the same paragraph?
ANSWER: Plaintiff Foy was told he was “dangerous to the team”, but Plaintiff Foy was
not given any further explanation for this outlandish accusation. For further response, please refer
thereto).
App. 189
INTERROGATORY NO. 10: Provide the following details for the traffic stop referenced
in paragraph 228 of the First Amended Complaint:
a) The date of the stop;
b) The location of the stop;
c) The nature of the stop; and
d) Identify any persons who were present at and/or witnessed the stop.
ANSWER: Plaintiff Foy was with multiple members of the football team (Dane Belton,
Taajhir Mccall, Yahweh Jeudy) on an evening in the summer of 2019 in Iowa City, Iowa. He was
pulled over while driving, but did not receive any citation and was permitted to continue driving
and drove home that evening. For further response, please refer to any deposition and/or hearing
INTERROGATORY NO. 11: Provide the following details regarding the “football-
related injuries” referenced in paragraph 229 of the First Amended Complaint:
a) The date of each injury;
b) The nature of each injury;
c) What medical treatment, if any, you sought in relation to each injury; and
d) The name of each medical provider that administered the above-discussed medical
treatment.
ANSWER:
For further response,
App. 190
INTERROGATORY NO. 12: Provide the following details regarding the “career-ending
injury” referenced in paragraph 229 of the First Amended Complaint:
e) The date of the injury;
f) The nature of the injury;
g) What medical treatment, if any, you sought in relation to the injury;
h) The name of each medical provider that administered the above-discussed medical
treatment; and
i) The name of the doctors or medical professionals from whom you sought a second opinion
about the injury, as referenced in paragraph 229 of the First Amended Complaint;
ANSWER: He was never told anything by a physician, but was told by Kirk Ferentz that
Kirk Ferentz and Chris Doyle don’t believe he should play football due to a hip injury (which
Plaintiff Foy never had). For further response, please refer to any deposition and/or hearing
INTERROGATORY NO. 13: Identify the college or university you transferred to, as
your transfer.
App. 191
I, JAVON FOY, swear under penalty of perjury that the foregoing interrogatory answers
are true and correct to the best of my knowledge, information, and belief, formed after reasonable
inquiry.
____________________________________
ID LVa9xozJvyYqJh9zEwfeEfgJ
JAVON FOY
18
App. 192
eSignature Details
Signer ID: LVa9xozJvyYqJh9zEwfeEfgJ

Signed by: Javon Foy
Sent to email: javonwatkins27@gmail.com
IP Address: 107.77.207.168
Signed at: Jun 17 2022, 9:54 am MDT
App. 193

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF JAVON FOY’S

BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF JAVON FOY
DOYLE.
Defendants.
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff Javon Foy serves
the following responses to Defendants’ First Set of Interrogatories to Plaintiff Javon Foy. With
App. 194 Exhibit 87

SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)

By: ___________________________________
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
On September 30, 2021, the Plaintiff Javon Foy’s Objections and Answers to Defendants’
First Set of Interrogatories to Plaintiff Javon Foy was forwarded to all counsel of record pursuant
to the Federal Rules of Civil Procedure.

App. 195
ANSWER: Southeast Missouri State University. For further response, please refer to any
ANSWER: Southeast Missouri State University, University of Central Missouri, Upper
Iowa University, and Augustana University. These institutions offered Plaintiff Foy a full
App. 196
ANSWER: Throughout Plaintiff Foy’s tenure, he observed coaches, including Chris Doyle
and Brian Ferentz, mock, make fun of, and ridicule Black players, including Plaintiff Foy, about
their hairstyles, clothing, tattoos, jewelry, diction, and the way they walked. These comments and
actions were made to essentially ever Black player on the football team. In reference to Plaintiff
Foy, Chris Doyle said “I have no need for this ghetto kid.” For further response, please refer to
INTERROGATORY NO. 9: Do you contend that the sole or primary reason for your
temporary suspension, as referenced in paragraph 228 of the First Amended Complaint, was the
traffic stop referenced in the same paragraph?
ANSWER: Plaintiff Foy was told he was “dangerous to the team”, but Plaintiff Foy was
not given any further explanation for this outlandish accusation. For further response, please refer
thereto).
INTERROGATORY NO. 10: Provide the following details for the traffic stop referenced
in paragraph 228 of the First Amended Complaint:
a) The date of the stop;
App. 197
I, JAVON FOY, swear under penalty of perjury that the foregoing interrogatory answers
are true and correct to the best of my knowledge, information, and belief, formed after reasonable
inquiry.
____________________________________
JAVON FOY
17
App. 198
·1· · · · · ·IN THE UNITED STATES DISTRICT COURT

· · · · · · · FOR THE SOUTHERN DISTRICT OF IOWA
·2· · · · · · · · · · ·CENTRAL DIVISION
·3· ·- - - - - - - - - - - - - - - -
· · ·AKRUM WADLEY; JONATHAN PARKER;:
·4· ·MARCEL JOLY; AARON MENDS;· · ·:
· · ·DARIAN COOPER; BRANDON SIMON; :
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No. 4:20-cv-366
·7· · · · · · · · · · · · · · · · ·:
· · ·UNIVERSITY OF IOWA, BOARD OF :
·8· ·REGENTS FOR THE STATE OF IOWA;:
· · ·BRIAN FERENTZ; and CHRISTOPHER:
·9· ·DOYLE,· · · · · · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
10· · · · · ·Defendants.· · · · · ·:
· · ·- - - - - - - - - - - - - - - -
11
12
13
14
15· · ·VIDEO-RECORDED DEPOSITION OF AARON KWESI MENDS,
16· ·taken via Zoom by the Defendants before Jessi C.
17· ·Lass, Certified Shorthand Reporter of the State of
18· ·Iowa, commencing at 9:04 a.m., Tuesday, March 22,
19· ·2022.
20
21
22
23
24
25· · · ·JESSI C. LASS - CERTIFIED SHORTHAND REPORTER
SUSAN FRYE COURT REPORTING | 515-284-1972

300 Walnut Street, #36, Des Moines, IA 50309-2224
App. 199
AKRUM WADLEY, et al., vs UNIVERSITY OF IOWA, et al.
AARON MENDS· 03/22/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · A P P E A R A N C E S ·1· · · · · · T A B L E· ·O F· ·C O N T E N T S
·2· ·For the Plaintiffs (via Zoom): ·2· ·WITNESS:· AARON KWESI MENDS· · · · · · · · · · ·PAGE
· · · · · BEATRIZ MATE-KODJO, ESQ.
·3· · · · BMK LAW FIRM PLLC ·3· ·Examination By Mr. Stone ..........................6
· · · · · 1910 Washington Street, Suite 100 ·4· ·Examination By Ms. Mate-Kodjo ...................313
·4· · · · Pella, Iowa 50219 ·5
·5· · · · DAMARIO SOLOMON-SIMMONS, ESQ.
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·6· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·6· · · · SOLOMON SIMMONS LAW · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
· · · · · 601 South Boulder Avenue, Suite 600-A ·7· ·1· ·- "Thank you" message from Mends .............36
·7· · · · Tulsa, Oklahoma 74119
·8· · · · CHRISTIAN S. DENNIE, ESQ. ·8· ·2· ·- First amended complaint ...................114
· · · · · BARLOW GARSEK & SIMON LLP ·9· ·3· ·- 6/5/20 tweet by Mends ......................73
·9· · · · 920 Foch Street 10· ·4· ·- 6/4/20 tweet by Mends ......................82
· · · · · Fort Worth, Texas 76107
10 11· ·10· - Mends Iowa football profile ...............133
11· ·For Defendants Ferentz and University of Iowa 12· ·14· - Mends' objections and answers to ..........113
· · ·(via Zoom): · · · · · interrogatories
12· · · · ROGER W. STONE, ESQ.
· · · · · SIMMONS PERRINE MOYER BERGMAN PLC 13
13· · · · 115 Third Street Southeast, Suite 1200 · · ·CERTIFICATE OF REPORTER..........................327
· · · · · Cedar Rapids, Iowa 52401 14
14
15· ·For the Defendants (via Zoom): 15· ·Reporter's Note:· Exhibits 1 through 17 were marked
· · · · · JEFFREY C. PETERZALEK, ESQ. · · ·by counsel prior to the deposition and distributed
16· · · · CHRISTOPHER DEIST, ESQ. 16· ·to all parties.· Not all exhibits were used.
· · · · · IOWA ATTORNEY GENERAL'S OFFICE
17· · · · 1305 East Walnut Street, Second Floor 17· ·(ph) indicates a phonetic spelling.
· · · · · Des Moines, Iowa 50319 · · ·[sic] indicates the text is as stated.
18 18· ·Quoted text is as stated by the speaker.
19· ·The Witness (via Zoom):
· · · · · AARON KWESI MENDS 19
20 20
21· ·Videographers (via Zoom): 21
· · · · · AMY COOPER
22· · · · JECQUE STOTTS 22
· · · · · FIDELITY VIDEO SERVICES, INC. 23
23 24
24
25
25
Page 3 Page 5
·1· · · · · · A P P E A R A N C E S (continued) ·1· · · · · · · · · P R O C E E D I N G S
·2· ·Also present (via Zoom):
·2· · · · · · ·THE VIDEOGRAPHER:· Today's date is
· · · · · AKRUM WADLEY, Plaintiff
·3· · · · JONATHAN PARKER, Plaintiff
·3· ·March 22nd, 2022, and the approximate time is 9:04
· · · · · MARCEL JOLY, Plaintiff ·4· ·Central Time.· This begins the video deposition of
·4· · · · DARIAN COOPER, Plaintiff ·5· ·Aaron Mends requested by the defense in the matter
· · · · · KEVONTE MARTIN-MANLEY ·6· ·of Akrum Wadley, et al., plaintiffs, versus
·5· · · · LaRON TAYLOR
·7· ·University of Iowa, et al., defendants, in the
· · · · · KIRK FERENTZ, University representative
·6· · · · CHRISTOPHER DOYLE, Defendant
·8· ·United States District Court for the Southern
· · · · · AUDRA DRISH, Attorney General's Office ·9· ·District of Iowa, Central Division, Case
·7· · · · PALOMA MATE-KODJO, BMK Law Firm 10· ·No. 420-cv-366.· This deposition is being held via
·8 11· ·Zoom videoconference in remote locations.
·9
12· · · · · · ·My name is Amy Cooper, certified legal
10
11
13· ·videographer of Fidelity Video Services,
12 14· ·Incorporated, West Des Moines, Iowa.
13 15· · · · · · ·Counsel will please identify themselves
14 16· ·for the record.
15
17· · · · · · ·MR. STONE:· Roger Stone.· I represent
16
17
18· ·Brian Ferentz, and I'm associated with the
18 19· ·University of Iowa and Board of Regents.
19 20· · · · · · ·MS. MATE-KODJO:· Beatriz Mate-Kodjo for
20 21· ·the plaintiffs.
21
22· · · · · · ·THE VIDEOGRAPHER:· The oath will now be
22
23
23· ·administered by Jessi Lass, certified shorthand
24 24· ·reporter of Susan Frye Court Reporting, Des Moines,
25 25· ·Iowa.

300 Walnut Street, #36, Des Moines, IA 50309-2224 YVer1f
App. 200
Page 66 Page 68
·1· ·was the freedom of expression is important for the ·1· ·the Iowa football facility in traditional African
·2· ·growth and development of young men, and that's one ·2· ·dress; isn't that a true statement?
·3· ·of the things that you wanted to change; isn't that ·3· · · · A.· ·That is true.
·4· ·a fair statement? ·4· · · · Q.· ·So you were never ridiculed for wearing
·5· · · · A.· ·I wanted to change the freedom of ·5· ·traditional Iowa [sic] dress in the Iowa football
·6· ·expression for black men.· I don't think that there ·6· ·facility, were you, sir, because you never entered
·7· ·was an issue with the way that white people were ·7· ·the Iowa football facility with such dress on?
·8· ·allowed to express themselves.· We would have ·8· · · · A.· ·That's correct.
·9· ·players that would come into team meals wearing full ·9· · · · Q.· ·You wrote that "Every good organization
10· ·camouflage after they had just gone duck hunting. 10· ·has rules that help them to be successful, which is
11· ·That's something they like to do.· That was 11· ·to be expected."· Do you see those words?
12· ·something they enjoyed.· And I don't see an issue 12· · · · A.· ·Yes.
13· ·with that.· But if a black player were to do -- to 13· · · · Q.· ·You know that football takes discipline
14· ·dress in -- if I were to dress in African clothing, 14· ·and rules and teamwork and hard work and
15· ·that would be -- I'd be ridiculed.· It'd be funny. 15· ·coordination; is that a fair statement?
16· ·Like, I'm African.· My middle name is Kwesi.· Like, 16· · · · A.· ·Yes, I agree.· It does.
17· ·it just wouldn't be something that's okay.· There's 17· · · · Q.· ·You want to be a coach; correct,
18· ·just double standards.· And I don't think that -- 18· ·Mr. Mends?
19· ·especially for black people of -- being oppressed 19· · · · A.· ·I have not said that or expressed those
20· ·is, like, a reoccurring theme that we've seen, and 20· ·aspirations.· I mean, I'm sure it could be a
21· ·for some reason it just -- it's like black people -- 21· ·possibility in the future, but as of such, I've not
22· ·I don't know.· For black people it doesn't matter. 22· ·worked -- I'm not sure how to become a coach.· I did
23· ·If people deny you the ability to be a black man, it 23· ·a little bit of, you know, personal training, if
24· ·doesn't matter.· It's like we don't have feelings or 24· ·you're considering that coaching, maybe, but as far
25· ·something.· Like, it doesn't matter to us.· But if I 25· ·as football coaching, I have not worked it as a
Page 67 Page 69
·1· ·were to say, "Hey, like, you're not allowed to wear, ·1· ·football coach.
·2· ·you know, cowboy boots in the building," that would ·2· · · · Q.· ·Did you apply to be a coach?
·3· ·be -- you know, that would be an issue.· People ·3· · · · A.· ·No.
·4· ·would be like, "This is messed up.· Like, how come I ·4· · · · Q.· ·Have you sought out coaching positions?
·5· ·can't be country?· Like, I'm patriotic.· Why can't I ·5· · · · A.· ·I don't believe so, no.· No.
·6· ·be that?" ·6· · · · Q.· ·Have you talked with any former coaches
·7· · · · Q.· ·Did somebody -- did you attempt to wear ·7· ·about coaching opportunities?
·8· ·African clothing or African dress or traditional ·8· · · · A.· ·And are you speaking to the college level?
·9· ·African dress into the Iowa football building? ·9· ·high school level?· I've spoken to my high school
10· · · · A.· ·No.· That's not something that I would 10· ·coaches.· I mean, they'd reach out to me, because I
11· ·feel comfortable doing, and it's not something that 11· ·was a Division 1 football player, if I'd like to be
12· ·I would, you know, do all the time.· Like, when I 12· ·a coach.· And I've came and watched a few practices,
13· ·was at home, obviously, I have pictures of me 13· ·but I've never, you know, had a discussion about,
14· ·wearing stuff like that, but that just wouldn't be 14· ·hey, I would like to get into -- I would like to be
15· ·something that I would even think to do.· Like, why 15· ·mentored into becoming a coach.· No.
16· ·would I ostracize myself, make myself feel 16· · · · Q.· ·Did you ever formally apply for a coaching
17· ·different?· I already felt different.· I already 17· ·position at any school or institution or entity of
18· ·felt like I was pushed to the corner or the side of 18· ·any kind?
19· ·the team.· So why would I do anything to bring more 19· · · · A.· ·I do not believe so.
20· ·attention to myself?· I was really just trying to 20· · · · Q.· ·Did you ever talk with Miles Taylor about
21· ·navigate it in a way where I would just -- you know, 21· ·being a strength coach?
22· ·my merit was based on my playing ability and my 22· · · · A.· ·Miles Taylor reached out to me about doing
23· ·character, rather than always worrying about -- I 23· ·something like that.· He's very ambitious and -- I
24· ·don't know -- some external factor. 24· ·don't know how to put it.· I mean, he's just a
25· · · · Q.· ·The fact is, Mr. Mends, you never entered 25· ·personality you'd have to get to understand.· But

App. 201
Page 70 Page 72
·1· ·that was more his aspirations, not mine.· It just ·1· · · · Q.· ·This is just not true, is it, Mr. Mends?
·2· ·was he wanted us to -- we're really good friends, ·2· · · · A.· ·I believe it's a mistake.
·3· ·and I think he wanted us to be close, you know, just ·3· · · · Q.· ·And by "mistake" you mean it's not a true
·4· ·like -- and maybe help me out or something, because ·4· ·statement.· Is that a fair characterization?
·5· ·football wasn't something that was going to be, I ·5· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his
·6· ·guess, in my future, because I -- but no, I don't -- ·6· ·testimony.
·7· ·I never have said, "Hey, Miles, I want to become a ·7· · · · Q.· ·(By Mr. Stone)· Well, let me ask you:· Is
·8· ·strength coach."· No.· I don't even have a ·8· ·the statement true, Mr. Mends, that you have applied
·9· ·certification.· So that would be -- no, that ·9· ·for open positions?· Is that a true statement?
10· ·wouldn't even be a possibility for me to be a 10· · · · A.· ·I have not applied for coaching positions.
11· ·strength coach. 11· · · · Q.· ·You go on to say that you've "attempted to
12· · · · Q.· ·We'll come back to this exhibit.· Let me 12· ·inform employees that the impression of him giving
13· ·see if I can put another exhibit in front of you, 13· ·by Defendants is not accurate."· Is that a true
14· ·Mr. Mends, while we're on this subject. 14· ·statement, Mr. Mends?
15· · · · · · ·Do you see now before you your answers and 15· · · · A.· ·Not in a coaching capacity, no.
16· ·objections to interrogatories? 16· · · · Q.· ·And let's go back to page 15,
17· · · · A.· ·Yes. 17· ·Interrogatory No. 21.· It's true, Mr. Mends, that
18· · · · Q.· ·And let me go down to the end -- excuse 18· ·you've not attempted to obtain any college coaching
19· ·me.· Is that your electronic signature on page 20? 19· ·job of any kind, have you, sir?
20· · · · A.· ·Yes. 20· · · · A.· ·No.
21· · · · Q.· ·I want to find page 15. 21· · · · Q.· ·So isn't it an exaggeration and not true
22· · · · · · ·Interrogatory No. 21 says, "Do you 22· ·that you say that the defendants' actions have
23· ·attribute any loss of income, benefits, or earning 23· ·caused you to be denied an opportunity to obtain a
24· ·capacity to any alleged misconduct?· If so, state 24· ·college coaching job, because you've not even sought
25· ·the total amount of income, benefits, or earning 25· ·one?
Page 71 Page 73
·1· ·capacity you believe you have lost to date and how ·1· · · · A.· ·I believe this to be some sort of mistake.
·2· ·the amount was calculated." ·2· ·I ...
·3· · · · · · ·Your answer was, "Yes.· Defendants' ·3· · · · Q.· ·All right.· Somebody got you confused
·4· ·actions caused Plaintiff Mends damages resulting ·4· ·perhaps with somebody else -- or at least it's a
·5· ·from Defendants' actions that have denied Plaintiff ·5· ·mistake.· You'll admit that much?
·6· ·Mends the opportunity to obtain a college coaching ·6· · · · A.· ·Yes.
·7· ·job.· Plaintiff Mends has lost the opportunity for ·7· · · · Q.· ·Okay.· Thank you.
·8· ·annual salaries of 150,000 to 300,000 since his ·8· · · · · · ·Let's go back to Exhibit No. 3, which was
·9· ·graduation from Illinois State in 2020." ·9· ·the tweet that we had up before.· Is it now before
10· · · · · · ·And then I want to refer you over to 10· ·you again, Mr. Mends?
11· ·page 16.· Question No. 23 -- Interrogatory No. 23 11· · · · A.· ·Yes, I see it.
12· ·says, "Have you attempted to minimize the amount of 12· · · · Q.· ·You suggest that -- let me find the words.
13· ·your lost income?· If so, describe how; if not, 13· · · · · · ·On the second panel below, it says,
14· ·explain why not." 14· ·"However there comes a point where at a public
15· · · · · · ·Your answer was, "Plaintiff Mends has 15· ·university there needs to be a line drawn to allow
16· ·applied for open positions and attempted to inform 16· ·people from all walks of life to grow in their own
17· ·employees that the impression of him giving by 17· ·manner."· Did I read that correctly?
18· ·Defendants is not accurate." 18· · · · A.· ·Yes.
19· · · · · · ·Who prepared these answers, Mr. Mends? 19· · · · Q.· ·What does that mean, Mr. Mends?
20· · · · A.· ·I helped prepare them. 20· · · · A.· ·At a public university, all students
21· · · · Q.· ·You prepared them? 21· ·should have an equal opportunity to, you know,
22· · · · A.· ·I helped to prepare them, yes. 22· ·express themselves, to earn a college degree, and to
23· · · · Q.· ·So when it says you've applied for open 23· ·be who they are.· I think there's a point where the
24· ·positions, what open positions did you apply for? 24· ·rules, obviously, as you stated before, are
25· · · · A.· ·I believe this to be a mistake. 25· ·important to any organization.· There's things that,

App. 202
Page 122 Page 124
·1· · · · Q.· ·Was that also videotaped? ·1· ·that was said with respect to Akrum Wadley, correct,
·2· · · · A.· ·I believe so.· All the practices are ·2· ·in that second incident?
·3· ·videotaped.· So all of this stuff would be on video. ·3· · · · A.· ·I don't know about that.
·4· ·I just don't have access to it, obviously.· Only the ·4· · · · Q.· ·But what you're telling us today here
·5· ·coaches and the -- you know, would have that. ·5· ·under oath is that at some point when Brian Ferentz
·6· · · · Q.· ·And was he upset at Akrum Wadley at the ·6· ·was kicking a garbage can, you heard him make the
·7· ·time that he was kicking a garbage can? ·7· ·statement that you testified to about Jonathan
·8· · · · A.· ·I believe so.· But I can't -- ·8· ·Parker returning punts or kicks?
·9· · · · Q.· ·Had you observed the practice to know what ·9· · · · A.· ·Yes.
10· ·Akrum Wadley had been doing that caused Brian 10· · · · Q.· ·Now, it's also fair to say, Mr. Mends,
11· ·Ferentz to yell at him? 11· ·that as you sit here today under oath, you're not
12· · · · A.· ·No.· I mean, I was in practice, but I 12· ·here to tell us that Brian Ferentz ever called you a
13· ·didn't -- I don't -- I'm not a coach.· So I don't 13· ·dumbass black player, did he?
14· ·really know what was -- warranted that. 14· · · · A.· ·No, he never said that to me.
15· · · · Q.· ·And you didn't hear what Brian Ferentz 15· · · · Q.· ·And other than Jonathan Parker, you don't
16· ·said; you just saw him kicking a garbage can?· Or 16· ·know anyone to whom Brian Ferentz called a dumbass
17· ·what is your testimony? 17· ·black player?
18· · · · A.· ·Yes. 18· · · · A.· ·No.
19· · · · Q.· ·You didn't hear what was said, but you saw 19· · · · Q.· ·That's a true statement?
20· ·him kicking a garbage can on a second incident? 20· · · · A.· ·I do not.· Not that I recall.
21· · · · A.· ·Yes, I believe so. 21· · · · Q.· ·Just so that we're clear, during the five
22· · · · Q.· ·Where were you during the punt return 22· ·years that you were a member of the Iowa football
23· ·practice?· What was your role when Jonathan Parker 23· ·team, you have a recollection to which you've
24· ·was there? 24· ·testified that Brian Ferentz called Jonathan Parker
25· · · · A.· ·I couldn't tell you.· There was a lot 25· ·a dumbass black player, but other than that
Page 123 Page 125
·1· ·of -- you know, we do a lot of different things. ·1· ·incident, you've never heard Brian Ferentz use that
·2· ·Sometimes I'd be doing -- we'd have some special ·2· ·epithet or name "dumbass black player" to anybody
·3· ·teams circuits.· I mean, I couldn't tell you exactly ·3· ·else in the five years that you were a member of the
·4· ·what I was doing.· I was practicing in some sort, ·4· ·Iowa football program; that's true?
·5· ·some capacity. ·5· · · · A.· ·Yes.
·6· · · · Q.· ·Is it fair to say that Brian Ferentz was ·6· · · · Q.· ·Did you ever hear Brian Ferentz call
·7· ·upset with Jonathan Parker's performance? ·7· ·somebody the N-word?
·8· · · · A.· ·I don't know.· I couldn't tell you what ·8· · · · A.· ·No, not that I recall.
·9· ·his reasoning was. ·9· · · · Q.· ·Did you ever hear Brian Ferentz call
10· · · · Q.· ·And you didn't observe what Jonathan 10· ·somebody a stupid MF -- you know what MF means,
11· ·Parker did before you heard the words? 11· ·don't you, Mr. Mends?
12· · · · A.· ·No. 12· · · · A.· ·Yes.
13· · · · Q.· ·And how close were you when the incident 13· · · · Q.· ·I don't want to say the word, but we're
14· ·occurred?· How close were you to Jonathan Parker and 14· ·talking about the same thing; right?
15· ·Brian Ferentz? 15· · · · A.· ·Yes.
16· · · · A.· ·I was somewhere on the field within 16· · · · Q.· ·Did you ever hear Brian Ferentz call
17· ·50 yards, maybe. 17· ·anybody --
18· · · · Q.· ·And it was in the building, as best you 18· · · · A.· ·Actually --
19· ·recall? 19· · · · Q.· ·-- stupid --
20· · · · A.· ·That I'm not exactly sure.· It might have 20· · · · A.· ·Sorry.· Could you clarify what you mean.
21· ·been outside.· I think the two incidences are kind 21· · · · Q.· ·Yes.· I'll try to reask the question,
22· ·of very similar.· So I -- it could have been inside, 22· ·Mr. Mends.· It is true that you have never heard
23· ·could have been outside.· It was on the practice 23· ·Brian Ferentz call any player a stupid MF?
24· ·field, I know, for sure. 24· · · · A.· ·And you're referring to the, I guess,
25· · · · Q.· ·Well, you're not able to tell us anything 25· ·expletive?

App. 203
Page 126 Page 128
·1· · · · Q.· ·Yes. ·1· · · · Q.· ·And the people that you identified that he
·2· · · · A.· ·Yes, I have.· That's ... ·2· ·said that name to were -- I'm sorry -- Akrum Wadley
·3· · · · Q.· ·You have -- you're testifying that you ·3· ·and who else?
·4· ·have heard that? ·4· · · · A.· ·Jonathan and Brandon Simon.
·5· · · · A.· ·Yes. ·5· · · · Q.· ·All right.· Have you now told me all of
·6· · · · Q.· ·Okay.· Who did he call a stupid MF? ·6· ·the occasions on which you observed Brian Ferentz
·7· · · · A.· ·He's said it to Akrum.· He's said it to ·7· ·use the word MF?
·8· ·JP.· He's said it to Brandon Simon. ·8· · · · A.· ·I believe so.
·9· · · · Q.· ·On what occasions did you make that ·9· · · · Q.· ·Did you ever hear Brian Ferentz call
10· ·observation? 10· ·Jonathan Parker -- or say to Jonathan Parker, "What
11· · · · A.· ·At practice. 11· ·gang are you in?"
12· · · · Q.· ·Have you now told me the incidents at 12· · · · A.· ·To Jonathan Parker?
13· ·practice where you believe Brian Ferentz called 13· · · · Q.· ·Yes.
14· ·somebody a stupid MF? 14· · · · A.· ·No.
15· · · · A.· ·Yes.· I'm sure -- I'm sure there's others. 15· · · · Q.· ·Did he ever say that to you?
16· ·I mean, I just can't say that I was there for every 16· · · · A.· ·No, not me.
17· ·single one of them, but it's -- like, he's -- I 17· · · · Q.· ·Did you ever hear him say it to any other
18· ·don't know.· That's not something that's out of his 18· ·player?
19· ·wheelhouse, things he would say to him. 19· · · · A.· ·Yeah.· I believe he said that to Akrum
20· · · · Q.· ·MF is a word that you believe Brian 20· ·Wadley.
21· ·Ferentz would use on occasion in reference to 21· · · · Q.· ·Did you ever hear him say it to any other
22· ·football players? 22· ·player besides Akrum Wadley?
23· · · · A.· ·Not all football players.· Just the 23· · · · A.· ·I don't recall.· No.
24· ·ones -- 24· · · · Q.· ·Did you observe him say, "What gang are
25· · · · Q.· ·Ones that weren't performing like he 25· ·you in?" or is that something that Akrum told you?
Page 127 Page 129
·1· ·wanted them to? ·1· · · · A.· ·It's something that I had heard.
·2· · · · A.· ·Just the black players that he wanted to ·2· · · · Q.· ·You heard those words from Brian Ferentz?
·3· ·disrespect.· I mean -- ·3· · · · A.· ·No.· It's something that I had heard that
·4· · · · Q.· ·You never heard him say it to a white ·4· ·he had said about Akrum.· I mean, we're --
·5· ·player at any time? ·5· · · · Q.· ·Oh, all right.· You didn't hear that
·6· · · · A.· ·No. ·6· ·incident yourself where Brian Ferentz said to Akrum
·7· · · · Q.· ·The term itself isn't racist, is it, in ·7· ·Wadley, "What gang are you in?"· That's something
·8· ·your mind?· MF. ·8· ·that somebody else told you?
·9· · · · A.· ·That's -- I mean, I don't have -- not to ·9· · · · A.· ·Well, I mean, we're in -- Akrum was my
10· ·my knowledge, but I'm not, you know, a racial 10· ·locker partner.· My locker was right next to him.
11· ·expert. 11· ·So, I mean, a lot of times there would be -- I mean,
12· · · · Q.· ·I mean, it can be used with respect to 12· ·he would come right into the locker room and be
13· ·white players and black players; correct? 13· ·like, "Damn, like, this is what had happened."· So
14· · · · A.· ·Yeah, it can.· But never seen it used that 14· ·it was still fresh.· Like, it was still right there.
15· ·way out of his mouth.· It's usually just to 15· · · · Q.· ·Okay.· And from what you've just told me,
16· ·disrespect someone that he felt like he could 16· ·you're saying that Akrum Wadley told you that Brian
17· ·disrespect.· And the only players on the team that 17· ·Ferentz had said, "What gang are you in?" but you
18· ·he felt like he could talk to like that would be the 18· ·did not hear Brian Ferentz say to Akrum Wadley,
19· ·black players.· He didn't feel like he could say 19· ·"What gang are you in?"
20· ·that to any white players, because -- I don't 20· · · · A.· ·Yes.
21· ·know -- maybe they would -- maybe they would -- I 21· · · · Q.· ·Okay.· So in that sense, it's something
22· ·don't even know.· Just never felt like he -- he 22· ·that Akrum Wadley told you, but not something that
23· ·wouldn't say that. 23· ·you heard?
24· · · · Q.· ·And -- 24· · · · A.· ·Yes.
25· · · · A.· ·He had respect for them. 25· · · · Q.· ·Is it the same way with the MF?

App. 204
Page 130 Page 132
·1· · · · A.· ·No. ·1· · · · A.· ·I'm not saying that he used those things
·2· · · · Q.· ·Did Mr. Wadley tell you that Brian Ferentz ·2· ·directed at me, but I -- Coach Brian Ferentz is on
·3· ·had called him a -- ·3· ·the offense.· So I don't really interact with him
·4· · · · A.· ·No.· I heard that. ·4· ·that much, but the few times I have interacted with
·5· · · · Q.· ·You heard that?· Okay. ·5· ·him, he has just used it as an opportunity to,
·6· · · · A.· ·Yes. ·6· ·like -- to bully me for some reason.
·7· · · · Q.· ·All right.· How about "Go back to the ·7· · · · · · ·I remember one -- for an instance, I
·8· ·ghetto"?· Is that something you heard -- first, let ·8· ·remember there was an instance where his shoes were
·9· ·me ask you:· Did Brian Ferentz ever say that to you, ·9· ·untied, and I made, like, a joke.· And he just,
10· ·"Go back to the ghetto"? 10· ·like, went off on me, which was just way overboard.
11· · · · A.· ·No, I -- no, he did not. 11· ·You know, like, I expected as a coach -- you know,
12· · · · Q.· ·Did you hear him say it to Akrum Wadley? 12· ·like, we have a working relationship.· You know,
13· · · · A.· ·No, I did not. 13· ·your shoes are untied.· Maybe I -- I don't know.
14· · · · Q.· ·Have you ever heard him say it to anybody? 14· ·Maybe he thought it was disrespectful, but he just
15· · · · A.· ·No, I have not. 15· ·went off on me for no reason.· And then I -- after
16· · · · Q.· ·And just so that we're clear, we asked you 16· ·then I really just never -- I tried to stayed away
17· ·in the interrogatories, No. 8, to tell us all 17· ·from him as much as possible.· There was no
18· ·statements or acts of harassment, and you've not 18· ·reason -- I didn't benefit from talking to him.· So
19· ·told us that Brian Ferentz called you such names or 19· ·why would I be around him?
20· ·used racial epithets directed to you; that's a fair 20· · · · Q.· ·Okay.· Just so that we're clear about your
21· ·statement? 21· ·testimony, Mr. Mends, this incident that you said
22· · · · A.· ·Yeah.· Can I see what you're reading? 22· ·his shoes were untied and he, in your words, went
23· · · · Q.· ·Well, yeah.· I can -- I think I can put it 23· ·off on him [sic], he still never called you the
24· ·up.· Do you see that I've put -- tried to put before 24· ·N-word, called you a stupid MF, told you to go back
25· ·you now Interrogatory No. 8?· Do you see that, 25· ·to the ghetto, or spoke about any gangs you were in
Page 131 Page 133
·1· ·Mr. Mends? ·1· ·or used any other name or derogatory term to you at
·2· · · · A.· ·Yes. ·2· ·that time, did he, sir?
·3· · · · Q.· ·And it says, "Identify each alleged act of ·3· · · · A.· ·Correct.
·4· ·discrimination and/or harassment committed by ·4· · · · Q.· ·Mr. Mends, I want to show you one other
·5· ·defendants."· And then it goes through Aaron Mends' ·5· ·thing here.· You recognize this Exhibit 10 that I've
·6· ·tenure ... Brian Ferentz, mock, make fun of, ·6· ·put before you, Mr. Mends?
·7· ·ridicule black players, including Plaintiff Mends, ·7· · · · A.· ·Yes.
·8· ·about hairstyles, clothing, tattoos, jewelry, ·8· · · · Q.· ·Is that a picture of you when you were an
·9· ·diction, and the way they walked.· These comments ·9· ·incoming freshman, or do you know when that picture
10· ·and actions were made essentially to every black 10· ·was taken?
11· ·player on the football team.· Plaintiff Mends also 11· · · · A.· ·I couldn't -- I wouldn't know.· I mean, it
12· ·observed Brian Ferentz call Jonathan Parker a black 12· ·says freshman class.· So I'm assuming this was --
13· ·dumbass." 13· ·no, it definitely wasn't when I was an incoming
14· · · · · · ·In that answer there's no specific 14· ·freshman.· This was probably after my redshirt
15· ·reference to words that Brian Ferentz called you, is 15· ·freshman year.
16· ·there, Mr. Mends? 16· · · · Q.· ·So this would have been after your
17· · · · A.· ·No, there isn't. 17· ·redshirt freshman year, you believe?
18· · · · Q.· ·And you're not saying -- you're not here 18· · · · A.· ·I think so.· I really, honestly, couldn't
19· ·to testify under oath today that Mr. Mends -- 19· ·tell you.
20· ·Mr. Mends, Brian Ferentz said to you racial epithets 20· · · · Q.· ·I'm just trying to get your best
21· ·or called you racial names or called you a dumbass 21· ·recollection today as you sit here, Mr. Mends.· Can
22· ·black player or called you an MF or "Go back to the 22· ·you put a year on that?· Would that be 2015?
23· ·ghetto" or "What gang are you in?" or words to that 23· · · · A.· ·Yeah, that sounds right.· I think I was a
24· ·effect, are you, sir?· You're -- that's not your 24· ·redshirt freshman, so my second year on campus.
25· ·testimony? 25· · · · Q.· ·Okay.· And then I want to go back to

App. 205
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·1· ·tattoos. ·1· ·anything to you about your diction or how you spoke
·2· · · · Q.· ·Do you have tattoos now, Mr. Mends? ·2· ·or your manner of speaking?
·3· · · · A.· ·Yes. ·3· · · · A.· ·No.
·4· · · · Q.· ·And when did you first get your tattoos? ·4· · · · Q.· ·Did Mr. Ferentz ever say anything to you
·5· · · · A.· ·After I was completed with football. ·5· ·about the way you walked?
·6· · · · Q.· ·So during the time that you were at Iowa ·6· · · · A.· ·No.
·7· ·from 2014 to 2018 and at Illinois State, you did not ·7· · · · Q.· ·Same questions with not only did he say
·8· ·have any tattoos? ·8· ·anything to you about those items, but did Brian
·9· · · · A.· ·No. ·9· ·Ferentz ever mock or make fun of or ridicule you
10· · · · Q.· ·And so it's fair to say that Brian Ferentz 10· ·about your hair?
11· ·didn't say anything to you about any tattoos that 11· · · · A.· ·No.
12· ·you had? 12· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
13· · · · A.· ·To me, yes. 13· ·you, or ridicule you about your tattoos?· Well, I
14· · · · Q.· ·And of course, Mr. Ferentz didn't tell you 14· ·guess you didn't have any.· Sorry.· So he did not do
15· ·you couldn't get tattoos or any words to that effect 15· ·that either, did he?
16· ·or that you shouldn't get tattoos, did Mr. Ferentz? 16· · · · A.· ·No.
17· · · · A.· ·No. 17· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
18· · · · Q.· ·Did Brian Ferentz ever say anything to you 18· ·you, or ridicule you about your clothing?
19· ·about your clothing? 19· · · · A.· ·No, not that I recall.
20· · · · A.· ·No. 20· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
21· · · · Q.· ·Did Brian Ferentz ever say anything to you 21· ·you, or ridicule you about your jewelry?
22· ·about any jewelry that you were wearing? 22· · · · A.· ·Not that I recall.
23· · · · A.· ·I don't remember. 23· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
24· · · · Q.· ·Did you wear jewelry, Mr. Mends, when you 24· ·you, or ridicule you about your diction?
25· ·were at -- in the Iowa football program? 25· · · · A.· ·Not that I recall.
Page 139 Page 141
·1· · · · A.· ·Yes. ·1· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·2· · · · Q.· ·What did you occasionally wear or like to ·2· ·you, or ridicule you about the way you walked?
·3· ·wear or prefer to wear when you wore jewelry? ·3· · · · A.· ·Not that I recall.
·4· · · · A.· ·I had a necklace that I'd wear, and I had ·4· · · · Q.· ·Did you personally complain to Kirk
·5· ·my ears pierced. ·5· ·Ferentz at any players council meetings that Brian
·6· · · · Q.· ·Did you often wear an earring? ·6· ·Ferentz had made any comment to you about your hair,
·7· · · · A.· ·Yes, I did. ·7· ·tattoos, clothing, jewelry, diction, or the way you
·8· · · · Q.· ·Did you wear it when you were playing ·8· ·walked?
·9· ·football too? ·9· · · · A.· ·Not on -- not on my own behalf, no.
10· · · · A.· ·No.· I would wear them during the day, and 10· · · · Q.· ·Did you personally complain to Kirk
11· ·then when I was around the football facility, I 11· ·Ferentz at any meeting of any kind that Brian
12· ·would take them out. 12· ·Ferentz had made any comment to you about another
13· · · · Q.· ·Is that the same with your necklace also, 13· ·athlete's hair, tattoos, clothing, jewelry, diction,
14· ·that you didn't use your necklace -- or wear the 14· ·or the way they walked?
15· ·necklace when you were in the football building or 15· · · · A.· ·Yes.· We had discussed in meetings about
16· ·practicing? 16· ·just kind of the treatment of black players at the
17· · · · A.· ·I would try and conceal it, or sometimes I 17· ·University.
18· ·would take it off.· But if it was under my clothing, 18· · · · Q.· ·My question was specific to a complaint to
19· ·I would just try and tuck it under so no one would 19· ·Kirk Ferentz about Coach Brian Ferentz.· As you sit
20· ·see it. 20· ·here today and testify under oath, can you recall
21· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to 21· ·telling Kirk Ferentz that Brian Ferentz had ever
22· ·you about the jewelry that you did wear? 22· ·made any comment about another athlete's hair,
23· · · · A.· ·I don't remember him saying anything to me 23· ·tattoos, clothing, jewelry, diction, or the way they
24· ·about it specifically. 24· ·walked?
25· · · · Q.· ·Mr. Mends, did Brian Ferentz ever say 25· · · · A.· ·I did not say it, but I was in a meeting

App. 206
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·1· ·individually, he really felt like, hey, I can say ·1· · · · Q.· ·Before May of 2018, but sometime during
·2· ·whatever I want.· Like, what are you going to do ·2· ·2018?
·3· ·about it?· That's what it felt like.· It was like my ·3· · · · A.· ·I believe so.
·4· ·dad's the head coach.· My dad is the king of Iowa. ·4· · · · Q.· ·What did you understand she was
·5· ·Like, what are you going to do about it? ·5· ·undertaking, or what was she doing?
·6· · · · Q.· ·Have you now told me everything that you ·6· · · · A.· ·I was told that they were concerned about
·7· ·can recall as you sit here and testify under oath ·7· ·black athletes at the University.· And, I mean, it
·8· ·that Brian Ferentz had said to other black athletes ·8· ·had been conversations.· We'd had conversations
·9· ·during the time that you were participating in the ·9· ·about it.· People had been, you know, concerned.
10· ·Iowa football program between the years 2014 and 10· ·Even Coach Ferentz -- we had a meeting.· He said,
11· ·2018? 11· ·like, "Why aren't black players staying?" and the
12· · · · A.· ·I believe so. 12· ·con- -- I guess, from my perspective, you know, I'd
13· · · · Q.· ·Do you have any writing or an email, note, 13· ·never -- really hadn't really interacted much
14· ·or Twitter or document that is dated or was written 14· ·outside of the athletic department, which he brought
15· ·before you requested to train at Iowa's facilities 15· ·me in and said that Gary Barta -- or she was working
16· ·in late 2019 or early 2020 where you were refused 16· ·with the deans or something like that to conduct an
17· ·access by Chris Doyle?· Do you have any such 17· ·investigation, trying to figure out what was going
18· ·writing, email, note, or document that describes or 18· ·on with black athletes at the University of Iowa.
19· ·constitutes any allegation of racial discrimination 19· · · · Q.· ·How long did you meet with her?
20· ·by you? 20· · · · A.· ·Maybe an hour.
21· · · · A.· ·I think the first one would have been -- 21· · · · Q.· ·Was there anyone else present?
22· ·publicly would have been the tweet that I made. 22· · · · A.· ·I want to say John Bruno.· And I'm fairly
23· · · · Q.· ·The tweet after the death of George Floyd 23· ·confident it was recorded as well.
24· ·that we looked at that was, I think, Exhibit 3 dated 24· · · · Q.· ·Okay.· Recorded --
25· ·about June 5th of 2020, is that your recollection? 25· · · · A.· ·Audio.
Page 147 Page 149
·1· · · · A.· ·I believe so. ·1· · · · Q.· ·-- video or by audio recording?
·2· · · · Q.· ·Who can we ask who will say that Aaron ·2· · · · A.· ·Audio.
·3· ·Mends complained about racial discrimination by ·3· · · · Q.· ·Did she tell you that it was recorded or
·4· ·Coaches Chris Doyle, Kirk Ferentz, Brian Ferentz, or ·4· ·being recorded?
·5· ·the Iowa coaching staff before George Floyd's death? ·5· · · · A.· ·Yes, I believe so.· And that it would be
·6· · · · A.· ·I can't tell you what they will say. I ·6· ·given to the athletic director.· Or not given, but
·7· ·can tell you who would know, and maybe, like, John ·7· ·reported -- I'm not sure -- I don't think she said
·8· ·Bruno or Liz Tovar. ·8· ·she was going to hand it over to him directly, but,
·9· · · · Q.· ·Can you -- for some reason, I couldn't ·9· ·like, some type of confidentiality was implied.
10· ·hear your answer, Mr. Mends. 10· · · · Q.· ·Your understanding was that she would
11· · · · A.· ·I said -- 11· ·report to the athletic director the substance of
12· · · · Q.· ·Who did you say would know? 12· ·what you told her, but you would not be disclosed as
13· · · · A.· ·I said John Bruno or Liz Tovar would know. 13· ·the source; you would remain a confidential?
14· ·We had a discussion.· She actually called me in, and 14· · · · A.· ·I believe so, yes.
15· ·there was, I guess, some type of independent study 15· · · · Q.· ·Okay.· And that's based on what she told
16· ·or something where I was asked to speak on what was 16· ·you during the meeting?
17· ·going on at Iowa. 17· · · · A.· ·Yes.
18· · · · Q.· ·Okay.· And when was that meeting with 18· · · · Q.· ·And what did you tell her at the meeting?
19· ·Ms. Tovar? 19· · · · A.· ·We talked about Coach Doyle.· We talked
20· · · · A.· ·I believe that was sometime between my 20· ·about just the racial issues that were going on.
21· ·junior and senior year.· Towards -- towards the end 21· · · · Q.· ·Any other coaches that you talked about?
22· ·of my tenure at Iowa, before I had got injured 22· · · · A.· ·I don't remember.
23· ·spring ball.· I believe so. 23· · · · Q.· ·Can you be specific about what issues you
24· · · · Q.· ·So it was before -- 24· ·talked about?
25· · · · A.· ·I think it was 2018. 25· · · · A.· ·I don't remember.

App. 207
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·1· ·do that. ·1· ·black African players, do you?
·2· · · · · · ·And if -- and if we had taken a knee, ·2· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his
·3· ·there would have been serious consequences. ·3· ·testimony.· He gave plenty of testimony just now in
·4· ·These -- none of these players were not -- from my ·4· ·his last answer.· Plaintiff --
·5· ·knowledge, there was -- it just blew over.· It was ·5· · · · · · ·MR. STONE:· Well, let's limit --
·6· ·just like it happened.· Let's just focus -- the only ·6· · · · · · ·MS. MATE-KODJO:· -- testimony is --
·7· ·thing that was said -- the team was addressed that ·7· · · · · · ·MR. STONE:· -- the objection --
·8· ·"Hey, we're going to move on from this and that be ·8· · · · · · ·MS. MATE-KODJO:· -- evidence.· So I'm not
·9· ·that."· But, I mean -- yeah, that's it. ·9· ·sure --
10· · · · Q.· ·Paragraph 67 says that "Kirk Ferentz and 10· · · · · · ·MR. STONE:· Counsel --
11· ·other coaches and administrators, however, never 11· · · · · · ·MS. MATE-KODJO:· -- what you're --
12· ·addressed, let alone reprimanded, the clear 12· · · · · · ·REPORTER:· All right.· Stop.· I can't get
13· ·violation of team rules by said group of white 13· ·this.
14· ·players." 14· · · · · · ·MR. STONE:· You may not make speaking
15· · · · · · ·And I want to know from you:· What is the 15· ·objections.· If you're going to make speaking
16· ·clear violation of what team rule that you're 16· ·objections.· I'm going to call the magistrate.· You
17· ·talking about? 17· ·may object, but you cannot lead the witness.
18· · · · A.· ·Do you have -- I'd have to look at the 18· · · · · · ·MS. MATE-KODJO:· Oh, I can object, and
19· ·rules, but from just my recollection, that you're 19· ·you're supposed to wait for me to finish my
20· ·supporting a political party and basically endorsing 20· ·objection.
21· ·the team and University of Iowa in so doing that. I 21· · · · · · ·MR. STONE:· No.· You're not permitted to
22· ·don't think you can find an instance of any football 22· ·make speaking objections, and you know better.
23· ·team that has done this.· I mean ... 23· · · · · · ·MS. MATE-KODJO:· Okay.· Go ahead and ask
24· · · · Q.· ·The next sentence says, "Doyle and Brian 24· ·your questions.· I'll object -- I can object to form
25· ·Ferentz, through instructions through Kirk Ferentz, 25· ·each time you ask an improper question.
Page 179 Page 181
·1· ·harassed and discriminated against African American ·1· · · · · · ·MR. STONE:· Well, you can object, but you
·2· ·athletes continuously." ·2· ·don't need --
·3· · · · · · ·What instructions do you know that Kirk ·3· · · · · · ·MS. MATE-KODJO:· We can be here all day.
·4· ·Ferentz gave to Coach Doyle to harass and ·4· · · · · · ·MR. STONE:· You don't need to make
·5· ·discriminate against black players?· What ·5· ·speakings objections.· If you have a problem with
·6· ·instructions? ·6· ·that, we're going to call the magistrate.
·7· · · · A.· ·To my knowledge, I don't know any ·7· · · · · · ·MS. MATE-KODJO:· All right.· Go ahead,
·8· ·instructions.· I can only speak of the instances ·8· ·Roger.
·9· ·that occurred to me. ·9· · · · Q.· ·(By Mr. Stone)· Now, Mr. Mends, it's true
10· · · · Q.· ·With respect to Brian Ferentz, what 10· ·as you sit here today, sworn under oath, you don't
11· ·instructions did Kirk Ferentz give to Brian Ferentz 11· ·have a shred of evidence to support the allegation
12· ·to harass and discriminate against black American 12· ·that Kirk Ferentz gave instructions to Coach Doyle
13· ·athletes, if you know? 13· ·and Brian Ferentz to harass and discriminate against
14· · · · A.· ·I don't believe there's -- I don't -- to 14· ·African American players, do you, sir?
15· ·my knowledge, I don't know any instructions.· But I 15· · · · · · ·MS. MATE-KODJO:· Objection to form and
16· ·think that the culture that that created, that they 16· ·misstates his testimony.
17· ·helped to foster and were the complete overseers of, 17· · · · Q.· ·(By Mr. Stone)· You may still answer the
18· ·were racially discriminatory and -- and used to 18· ·question.· Do you want it repeated?
19· ·harass black players. 19· · · · A.· ·Yeah.· Could you.
20· · · · Q.· ·As you sit here today sworn under oath, 20· · · · Q.· ·I'll ask the reporter to read it back,
21· ·Mr. Mends, it's fair to say you have absolutely not 21· ·please.
22· ·a single shred of evidence or a scintilla of 22· · · · · · ·(The pending question was read by the
23· ·evidence to support the allegation that Mr. Kirk 23· ·reporter.)
24· ·Ferentz gave instructions to Mr. Doyle and to 24· · · · A.· ·I have said a lot about this -- about what
25· ·Mr. Brian Ferentz to harass and discriminate against 25· ·we just talked about, and I believe that -- from my

App. 208
Page 182 Page 184
·1· ·knowledge, I don't -- I don't remember word for ·1· ·Doyle, and he would reword it and then spit it back
·2· ·word, like you stated it, but there was things as ·2· ·to us, and then we would have to share it to the
·3· ·far as the rules that they allowed them to, I guess, ·3· ·team in that way.
·4· ·utilize that would make it discriminatory or ·4· · · · Q.· ·I want to ask you about the use of the
·5· ·harassment to African American players, yes. ·5· ·word "allies," which is distinct from the term
·6· · · · Q.· ·(By Mr. Stone)· It's fair to say, ·6· ·"football players."· Do you see that in that
·7· ·Mr. Mends, that you never heard any instructions ·7· ·sentence?
·8· ·come from Kirk Ferentz's mouth to Brian Ferentz or ·8· · · · A.· ·Yes.
·9· ·to Coach Doyle to harass and discriminate against ·9· · · · Q.· ·What control did the football program have
10· ·African American players?· Isn't that true? 10· ·over allies who weren't part of the football
11· · · · A.· ·I never heard him, with my own ears, use 11· ·players?
12· ·words -- 12· · · · A.· ·I don't understand.
13· · · · Q.· ·You never saw any writing or statement or 13· · · · Q.· ·Well, it says that the program used rules
14· ·written document in which Kirk Ferentz instructed 14· ·to suppress allies.
15· ·Coach Doyle and Coach Brian Ferentz to harass and 15· · · · A.· ·Uh-huh.
16· ·discriminate against African American athletes 16· · · · Q.· ·What allies and what are their names who
17· ·continuously, did you? 17· ·were somehow suppressed by rules of the football
18· · · · A.· ·I don't believe so. 18· ·program?
19· · · · Q.· ·The next sentence says, "African American 19· · · · A.· ·Tons of people.· I mean, teachers, the
20· ·athletes were made to feel like second-class 20· ·public.· They didn't want people to know what was
21· ·citizens and widgets that were easily pushed out of 21· ·going on.· That's why we have such strict, stringent
22· ·the program without issue."· What's a widget, 22· ·social media rules.· They don't want people to come
23· ·Mr. Mends? 23· ·and support, to back up or verify what we're saying.
24· · · · A.· ·Just a tool, just a -- taking up space, 24· · · · Q.· ·So how does that affect the ability of the
25· ·just a thing, an object. 25· ·allies to participate in potential demonstrations?
Page 183 Page 185
·1· · · · Q.· ·In Paragraph 65 in the second sentence, it ·1· · · · A.· ·If you were supporting someone that was
·2· ·says, "In one instance, despite the Program's use of ·2· ·doing something, you were -- I mean, you were made
·3· ·the rules prohibiting political expression to ·3· ·to feel like you were a part of it.
·4· ·suppress potential demonstrations by African ·4· · · · Q.· ·What allies do you know were suppressed
·5· ·American football players and their allies in ·5· ·from participating in political demonstrations by
·6· ·protest of police brutality."· Who are the allies ·6· ·anything that the football program did, other than
·7· ·that are referred to in that sentence, Mr. Mends? ·7· ·people in the football program?
·8· · · · A.· ·Black people and the people that support, ·8· · · · A.· ·I don't recall.
·9· ·you know, racial discrimination against black people ·9· · · · Q.· ·Can you identify a single person who is
10· ·or minorities. 10· ·not a football player who wanted to do some kind of
11· · · · Q.· ·So are you saying in this sentence that 11· ·protest of police brutality and that was not
12· ·the program had rules to suppress potential 12· ·permitted to because of some rule of the football
13· ·demonstrations by black people? 13· ·program?
14· · · · A.· ·Yes. 14· · · · A.· ·Not for police brutality, but I know that
15· · · · Q.· ·What rules were those? 15· ·there's, like -- for example, I know a student --
16· · · · A.· ·We weren't allowed to tweet.· We weren't 16· ·multiple student athletes that told me that they,
17· ·allowed to say anything.· Everything that we said 17· ·you know, had spoken to their girlfriends or
18· ·was, you know, like, changed. 18· ·significant others about, like, things that were
19· · · · · · ·Even -- we would be forced to read these 19· ·going on, and they were, like -- I don't know.· They
20· ·books over the summertime.· They're very calculated 20· ·felt like they couldn't talk about those things,
21· ·about what they have us read and what, you know, 21· ·because they were attached to someone that was in
22· ·information they give us.· And we would have 22· ·the program.· I know people's parents, you know,
23· ·meetings.· And me being one of the -- like, the 23· ·they talk on social media and things like that.
24· ·leaders, I would read it and I would interpret it a 24· ·That would affect you.
25· ·certain way.· I would tell the coaches -- or Coach 25· · · · Q.· ·So what demonstrations did you want to

App. 209
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·1· · · · A.· ·I don't know what the coaches thought. ·1· ·played at Illinois State, if you know?
·2· · · · Q.· ·Do you know whether any coaches thought it ·2· · · · A.· ·I believe it was Jack Hockaday, John
·3· ·was less likely that you would play in 2019 if you ·3· ·Culberts (ph), and Coach Doyle's son.
·4· ·came back to the Iowa program? ·4· · · · Q.· ·Did you meet with Kirk Ferentz during
·5· · · · A.· ·I don't know what they thought.· But I was ·5· ·August of 2018 about your future prospects at Iowa?
·6· ·a starter prior to the injury, and if that was the ·6· · · · A.· ·Yes.
·7· ·case, I don't see why -- barring they brought in ·7· · · · Q.· ·Where was that meeting?
·8· ·some -- somebody that they felt was going to be in a ·8· · · · A.· ·In his office.
·9· ·better position than I am, there was no reason to ·9· · · · Q.· ·What was the purpose of the meeting?
10· ·say that anyone that was behind me was going to 10· · · · A.· ·We had met twice.· The first one was to
11· ·miraculously jump in front of me, when I had more 11· ·tell me that he didn't want me at the University of
12· ·than a year to recover. 12· ·Iowa anymore.
13· · · · Q.· ·You announced you were leaving Iowa after 13· · · · Q.· ·And what was the second meeting for?
14· ·the Nebraska game in 2018; is that right? 14· · · · A.· ·I wanted to tell him that I wasn't -- I
15· · · · A.· ·I believe so. 15· ·wanted to, I guess, have his permission to leave the
16· · · · Q.· ·Did you have friends at Illinois State? 16· ·University of Iowa.· And -- I don't know.
17· · · · A.· ·Yeah.· There had been other players that 17· · · · Q.· ·Let me ask you about the first meeting.
18· ·had left and went there. 18· ·Who called that first meeting?
19· · · · Q.· ·Did you have any other friends from Kansas 19· · · · A.· ·I think it was Coach Ferentz.
20· ·City or any close friends that were at Illinois 20· · · · Q.· ·And what did he tell you during that
21· ·State that weren't football team members? 21· ·meeting?
22· · · · A.· ·When I got there, I learned that there was 22· · · · A.· ·That he didn't think that with my injury,
23· ·some players from Kansas City, but I had not been 23· ·that he wanted me to be here anymore.
24· ·friends with them prior. 24· · · · Q.· ·What else did you and he discuss?
25· · · · Q.· ·Would you have been eligible to play at 25· · · · A.· ·That was basically it.
Page 203 Page 205
·1· ·Iowa in 2018 if you had stayed? ·1· · · · Q.· ·How long did the meeting last?
·2· · · · A.· ·Yes. ·2· · · · A.· ·It was fairly short, if I recall.· Maybe,
·3· · · · Q.· ·When did you get your bachelor's degree in ·3· ·like, five minutes.
·4· ·2018, if you can recall? ·4· · · · Q.· ·What did you tell him about your injury
·5· · · · A.· ·In -- in December. ·5· ·during that meeting?
·6· · · · Q.· ·You consider yourself a serious student -- ·6· · · · A.· ·I didn't think it was that bad.· Like,
·7· · · · A.· ·Yes. ·7· ·there had been plenty of players -- we had players
·8· · · · Q.· ·-- fair statement? ·8· ·that had torn their ACL two, three times and came
·9· · · · · · ·You worked at your studies? ·9· ·back and play, for example, Brandon Snyder.· He tore
10· · · · A.· ·Yes. 10· ·his ACL, came back during the middle of the season
11· · · · Q.· ·You attended class generally and performed 11· ·and attempted to play again.· And there's other --
12· ·well in your classes? 12· ·there's copious examples of people that have torn
13· · · · A.· ·Yes, for the most part. 13· ·their ACLs and have come back.· But for me it
14· · · · Q.· ·Were you ever disciplined for not 14· ·just -- for some reason they just -- they didn't
15· ·attending class? 15· ·want it.· They were like, hey, this dude's a black
16· · · · A.· ·Maybe early on in my career. 16· ·player.· He's fucking -- sorry -- sorry for my
17· · · · Q.· ·But after a few years, you were a regular 17· ·language.· He's a black player.· He's basically just
18· ·class attender and completed your degree and got 18· ·on welfare here.· So they were, like, "Just get him
19· ·your degree; correct? 19· ·out of here."
20· · · · A.· ·I mean, nothing out of the normal for a 20· · · · Q.· ·Was that your --
21· ·regular college student, but I was able to complete 21· · · · A.· ·Huh?
22· ·it. 22· · · · Q.· ·Was that your assumption, or was that
23· · · · Q.· ·What was your degree in? 23· ·based on something Mr. Ferentz said?
24· · · · A.· ·Enterprise leadership. 24· · · · A.· ·That's what it felt like.· There was a
25· · · · Q.· ·Who were the linebackers at Iowa when you 25· ·definite -- there was a definite double standard of

App. 210
Page 258 Page 260
·1· ·any evidence to support that? ·1· · · · A.· ·I was finished.
·2· · · · A.· ·Yeah.· I don't think that's a full ·2· · · · Q.· ·Were you punished or reprimanded for
·3· ·sentence, though.· It says "like singing and dancing ·3· ·dancing?
·4· ·and looking" -- "or 'looking funny.'" ·4· · · · A.· ·I was not.
·5· · · · · · ·Yeah, like listening -- like -- I don't ·5· · · · Q.· ·Were you personally punished or
·6· ·know how to say it.· Like, performing rap lyrics, ·6· ·reprimanded for looking funny?
·7· ·you know, like most -- a lot of people would have ·7· · · · A.· ·I was ridiculed.
·8· ·headphones on.· So they'd be singing and stuff like ·8· · · · Q.· ·By whom were you ridiculed?
·9· ·that, I guess.· Not really singing.· Just rapping, I ·9· · · · A.· ·By other white players on my team.
10· ·guess, is more the word. 10· · · · Q.· ·Have you now told me everybody who
11· · · · Q.· ·Okay.· Who was punished for singing, for 11· ·punished or reprimanded you for looking funny?
12· ·example? 12· · · · A.· ·To my account, yes.
13· · · · A.· ·They would be -- people would say stuff to 13· · · · Q.· ·There's a reference in Paragraph 48 about
14· ·them.· Like, Coach Doyle would be like, "Yeah, like, 14· ·Brian Ferentz becoming an offensive line coach and
15· ·cut that shit off."· Like, he was very strict about 15· ·the offensive coordinator over more senior and
16· ·the music that we listened to, especially in the 16· ·qualified African American coaches on the staff at
17· ·weight room.· We -- if there was rap music playing, 17· ·the time.· Do you know who were the allegedly more
18· ·he'd be like, "Turn that shit off."· We'd be in the 18· ·qualified and senior African American coaches?
19· ·middle of a workout, and his focus would be on the 19· · · · A.· ·I don't know the backgrounds of the
20· ·music that was playing rather than the workouts that 20· ·coaches.· I couldn't tell you that.· I know --
21· ·we were doing. 21· ·sorry -- offense coordinator?
22· · · · Q.· ·Okay.· Who was punished for singing? 22· · · · Q.· ·He became offensive coordinator in 2017.
23· · · · A.· ·Multiple players.· Multiple players were 23· · · · A.· ·Yes.
24· ·reprimanded.· I don't know your definition of 24· · · · Q.· ·He was 33 years old, and he was promoted
25· ·punishment.· They were reprimanded by saying, like, 25· ·to offensive coordinator over more senior and
Page 259 Page 261
·1· ·"Knock that shit off.· Don't sing that shit in ·1· ·qualified American -- African American coaches on
·2· ·here," like, things of that nature. ·2· ·Kirk Ferentz's staff at the time.
·3· · · · Q.· ·I'll ask again -- ·3· · · · A.· ·Yeah.
·4· · · · A.· ·Akrum Wadley -- ·4· · · · Q.· ·Who do you say were the more senior and
·5· · · · Q.· ·-- as I didn't get an answer to my ·5· ·qualified African American coaches at the time?
·6· ·question.· Who? ·6· · · · A.· ·At that time, Coach Kennedy, Coach Woods.
·7· · · · A.· ·Akrum Wadley, Jerminic Smith, just tons of ·7· ·But once again, I don't -- that's not a decision
·8· ·players.· We all listened to music.· It was a ·8· ·for -- that I would know about.· I wasn't aware that
·9· ·reoccurring thing.· This was a -- it was about ·9· ·he was being hired or promoted.· But I know Coach
10· ·everything other than sports.· It was just -- 10· ·Kennedy had a long tenure, and it, you know, made
11· · · · Q.· ·Were you ever personally punished for 11· ·sense to me -- or Coach Woods -- but I don't know.
12· ·singing, Mr. Mends? 12· ·I'm not sure.
13· · · · A.· ·I don't know if I was personally punished, 13· · · · Q.· ·You would agree that the head coach gets
14· ·like, directly.· But I was in choir prior to joining 14· ·to make those choices; correct?
15· ·the University, and when I got on campus, it was 15· · · · A.· ·I don't know who makes those choices.
16· ·kind of a joke.· I was in the show choir in high 16· · · · Q.· ·Did Coach Doyle say anything to you about
17· ·school, and it kind of was a hit to my, I guess, 17· ·your hair?
18· ·physical toughness, which they always talk about at 18· · · · A.· ·Yes.
19· ·Iowa.· So I kind of had to get over that fact.· And 19· · · · Q.· ·What did Coach Doyle say to you about your
20· ·I tried to do that by being extremely competitive in 20· ·hair?
21· ·the weight room and showing people that I wasn't, 21· · · · A.· ·He said if I wanted to be tougher or
22· ·you know, I guess, soft, is how they put it, or a 22· ·something to that nature, that I needed to cut my
23· ·pussy or -- for -- 23· ·hair.
24· · · · Q.· ·Were you punished and -- I'm sorry.· Were 24· · · · Q.· ·When did he say that?
25· ·you finished, Mr. Mends? 25· · · · A.· ·He said it all the time.· He would

App. 211

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No. 4:20-cv-366
·7· · · · · · · · · · · · · · · · ·:
·9· ·DOYLE,· · · · · · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
10· · · · · ·Defendants.· · · · · ·:
· · ·- - - - - - - - - - - - - - - -
11
12
13
14
15· · · ·VIDEO-RECORDED DEPOSITION OF DARIAN COOPER,
18· ·Iowa, commencing at 9:04 a.m., Wednesday, March 23,
19· ·2022.
20
21
22
23
24

App. 212
DARIAN COOPER· 03/23/2022 Pages 2..5
Page 2 Page 4
·2· ·For the Plaintiffs (via Zoom): ·2· ·WITNESS:· DARIAN COOPER· · · · · · · · · · · · ·PAGE
· · · · · CHRISTIAN S. DENNIE, ESQ.
·3· ·Examination By Mr. Stone ..........................7
·3· · · · MITCHEL KEVIN McILWAIN, ESQ.
· · · · · BARLOW GARSEK & SIMON LLP ·4· ·Examination By Mr. Dennie .......................133
·4· · · · 920 Foch Street ·5
· · · · · Fort Worth, Texas 76107 ·6· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·5
· · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
· · · · · BEATRIZ MATE-KODJO, ESQ.
·6· · · · BMK LAW FIRM PLLC ·7· ·2· ·- First amended complaint ...................107
· · · · · 1910 Washington Street, Suite 100 ·8· ·18· - News article "Iowa's Darian Cooper sets ....11
·7· · · · Pella, Iowa 50219 · · · · · example in perseverance"
·9
· · · · · KYMBERLI HECKENKEMPER, ESQ.
·9· · · · SOLOMON SIMMONS LAW · · ·30· - Cooper's answers and objections to .........92
· · · · · 601 South Boulder Avenue, Suite 600-A 10· · · · interrogatories
10· · · · Tulsa, Oklahoma 74119 11· ·CERTIFICATE OF REPORTER..........................147
11· ·For Defendants Ferentz and University of Iowa
12· ·Reporter's Note: Exhibits 18 through 30 were marked
· · ·(via Zoom):
12· · · · ROGER W. STONE, ESQ. · · ·by counsel prior to the deposition and distributed
· · · · · SIMMONS PERRINE MOYER BERGMAN PLC 13· ·to all parties.· Exhibit 2 was marked previously.
13· · · · 115 Third Street Southeast, Suite 1200 · · ·Not all exhibits were used.
· · · · · Cedar Rapids, Iowa 52401
14
14
15· ·For the Defendants (via Zoom): · · ·(ph) indicates a phonetic spelling.
· · · · · JEFFREY C. PETERZALEK, ESQ. 15· ·[sic] indicates the text is as stated.
16· · · · CHRISTOPHER DEIST, ESQ. · · ·Quoted text is as stated by the speaker.
· · · · · IOWA ATTORNEY GENERAL'S OFFICE 16
17· · · · 1305 East Walnut Street, Second Floor
· · · · · Des Moines, Iowa 50319 17
18 18
19· ·The Witness (via Zoom): 19
· · · · · DARIAN COOPER 20
20
21· ·Videographer (via Zoom): 21
· · · · · AMY COOPER 22
22· · · · FIDELITY VIDEO SERVICES, INC. 23
23 24
24
25 25
Page 3 Page 5
·1· · · · · · A P P E A R A N C E S (continued) ·1· · · · · · · · ·P R O C E E D I N G S
·3· ·March 23rd, 2022, and the approximate time is
·3· · · · JONATHAN PARKER, Plaintiff
· · · · · MARCEL JOLY, Plaintiff ·4· ·9:04 a.m., Central Time.· This begins the video
·4· · · · SAM BRINCKS, University representative ·5· ·deposition of Darian Cooper requested by the defense
· · · · · KIRK FERENTZ, University representative ·6· ·in the matter of Akrum Wadley, et al., plaintiffs,
·5· · · · CHRISTOPHER DOYLE, Defendant ·7· ·versus University of Iowa, et al., defendants, in
· · · · · AUDRA DRISH, Attorney General's Office
·8· ·the United States District Court for the Southern
·6· · · · EMMA WEINBERG, Solomon Simmons Law
·9· ·District of Iowa, Central Division, Case
·7
·8
10· ·No. 420-cv-366.· This deposition is being held via
·9 11· ·Zoom videoconference in remote locations.
10 12· · · · · · ·My name is Amy Cooper, certified legal
11 13· ·videographer of Fidelity Video Services,
13
15· · · · · · ·Counsel will please identify themselves
14
15
16· ·for the record.
16 17· · · · · · ·MR. STONE:· Roger Stone for Brian Ferentz
17 18· ·and the University of Iowa.
18 19· · · · · · ·MR. DENNIE:· Christian Dennie.· I'll be
19 20· ·defending today on behalf of Darian Cooper.
20
21· · · · · · ·THE VIDEOGRAPHER:· The oath will now be
21
22
24 24· ·Iowa.
25 25

App. 213
Page 26 Page 28
·1· · · · Q.· ·And you believe it was first on your right ·1· · · · Q.· ·Did you have a belief yourself that you
·2· ·knee and then on your -- the second microfracture ·2· ·shouldn't be practicing on your knee?
·3· ·surgery was on your left knee? ·3· · · · A.· ·I believed what the training staff told
·4· · · · A.· ·I don't recall which knee was done first, ·4· ·me.· I believed that I was cleared to play.· It
·5· ·but both knees were done. ·5· ·wasn't -- they did a preliminary check.· They told
·6· · · · Q.· ·Were you required to practice at any time ·6· ·me that my meniscus was fine, that I was okay, and I
·7· ·when you were not cleared by the medical staff at ·7· ·continued to practice until I told them that I could
·8· ·Iowa? ·8· ·no longer run.
·9· · · · A.· ·I practice -- yes.· I continued to ·9· · · · Q.· ·Did you play in the Nebraska game?
10· ·practice.· Practices -- they would change in some 10· · · · A.· ·Yes, I did.
11· ·formats.· Maybe I wouldn't have to do as many drills 11· · · · Q.· ·Did you start, if you know, if you can
12· ·or -- but I continued to practice. 12· ·recall?
13· · · · Q.· ·In 2013, when you first injured your 13· · · · A.· ·I did not start in the Nebraska game, but
14· ·meniscus and saw the training staff person named 14· ·I played a significant amount.
15· ·Barney for attention to your meniscus, when's the 15· · · · Q.· ·Were you able to run in the Nebraska game?
16· ·first time you saw a physician or doctor with 16· · · · A.· ·No.· I was playing on one leg.
17· ·respect to your knee? 17· · · · Q.· ·Were you able to finish the game, or did
18· · · · A.· ·I can't recall. 18· ·you get taken out because of your injury, or did you
19· · · · Q.· ·Do you recall approximately how many weeks 19· ·ask to be taken out because of your injury in the
20· ·you had seen Dr. Amendola before you had your 20· ·Nebraska game?
21· ·surgery following Thanksgiving in 2013? 21· · · · A.· ·I played a significant amount in the game,
22· · · · A.· ·I don't have an approximation of how many 22· ·to the bewilderment of not only myself but my
23· ·weeks.· But I did play several weeks.· I continued 23· ·teammates as well, because it was already expressed
24· ·to practice and play up until the date before 24· ·that I had surgery the following day.
25· ·surgery. 25· · · · · · ·However, prior to the game, there were
Page 27 Page 29
·1· · · · Q.· ·Other than seeing Barney on the training ·1· ·some comments that were made by coaches suggesting,
·2· ·staff, did you see any other medical provider during ·2· ·"Hey, we may need you for four or five plays.· Hey,
·3· ·those times when you were practicing leading up ·3· ·we might need you to go ahead and hop in on goal
·4· ·before your surgery? ·4· ·mine."· And I laugh because I had surgery scheduled
·5· · · · A.· ·Yes.· Russ, Doug, both of which were ·5· ·the next day.· You're not supposed to eat a few
·6· ·athletic trainers. ·6· ·hours before surgery.· So I knew I wasn't supposed
·7· · · · Q.· ·Did anyone advise you to go see a ·7· ·to play a game.· I didn't pack my bag for the game.
·8· ·physician? ·8· ·My bag was packed.· Coach Ferentz told me that they
·9· · · · A.· ·No.· The physicians came to the -- the ·9· ·would bring me to the game, you know, for moral
10· ·physicians actually come to the complex, and our -- 10· ·support, for another set of eyes.· And as soon as
11· ·as far as the medical -- as far as setting up your 11· ·Carl Davis and Louis Trinca-Pasat were injured, I
12· ·medical appointments, that was done through the 12· ·was thrust into the game.· I was pushed into the
13· ·football team.· So they scheduled whether -- they 13· ·game and played several snaps, to the bewilderment
14· ·schedule when a doctor would come in to see you, or 14· ·of myself and others, and was continued called to go
15· ·they would schedule your medical appointments as 15· ·out there.
16· ·well. 16· · · · Q.· ·Do you know how many snaps you played in
17· · · · Q.· ·Do you recall the first doctor that you 17· ·the Nebraska game, approximately?
18· ·saw in relation to your knee?· Was that 18· · · · A.· ·I do not.
19· ·Dr. Amendola? 19· · · · Q.· ·Had you seen Dr. Amendola -- prior to the
20· · · · A.· ·I don't recall. 20· ·date for the scheduled surgery, had he examined you
21· · · · Q.· ·Before the time of your surgery, did any 21· ·to determine that surgery was necessary?
22· ·physician or any member of the training staff tell 22· · · · A.· ·Yes.
23· ·you that you shouldn't be practicing or that you 23· · · · Q.· ·Do you know how many days or weeks before
24· ·weren't cleared medically to practice? 24· ·your scheduled surgery following the Nebraska game
25· · · · A.· ·Not that I can recall. 25· ·that you had seen Dr. Amendola?

App. 214
Page 42 Page 44
·1· ·go in for that play? ·1· ·see me in the game plan.
·2· · · · A.· ·I can't say that I was pleased.· No. I ·2· · · · · · ·MR. DENNIE:· Counsel, we've been going
·3· ·understood what the sentiment was, but I wasn't ·3· ·about an hour.· Is this a good time to take a break?
·4· ·pleased. ·4· · · · · · ·MR. STONE:· Yeah, we can take a break.
·5· · · · Q.· ·Had you been able to achieve a level of ·5· · · · · · ·THE VIDEOGRAPHER:· Off the record at
·6· ·performance in the fall of 2015 that you thought you ·6· ·10:06 a.m.
·7· ·were able to go back into games and play and ·7· · · · · · ·(A brief recess was taken.)
·8· ·participate, or were you still injured and really ·8· · · · · · ·THE VIDEOGRAPHER:· On the record at
·9· ·not up to your ability, Mr. Cooper? ·9· ·10:20 a.m.
10· · · · A.· ·I was recovering.· I think at that time 10· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, you indicated
11· ·there -- I was able to perform to a level in which I 11· ·that you graduated in the spring of 2016.· Do you
12· ·thought that I could contribute in some form or 12· ·know about when you finished your college career at
13· ·fashion, but I found a form or fashion in order to 13· ·Iowa?· Was it with the graduation that spring of
14· ·contribute to the team that I believed worked best 14· ·2016?
15· ·for me at the time, and that was beginning to be 15· · · · A.· ·That's correct.
16· ·more of another pair of eyes and to begin to coach 16· · · · Q.· ·Did you then move from Iowa City in the
17· ·and -- as well as work on the scout team and really 17· ·spring of 2016?
18· ·giving, you know, other players a good look as far 18· · · · A.· ·No.
19· ·as competition. 19· · · · Q.· ·You continued to live in Iowa City for how
20· · · · Q.· ·Do you know whether you were cleared to 20· ·long?
21· ·play and participate in the Iowa football program in 21· · · · A.· ·I'd say approximately two years.
22· ·the fall of 2015? 22· · · · Q.· ·What did you do in Iowa City after
23· · · · A.· ·I'm unaware.· It wasn't clearly 23· ·graduation, Mr. Cooper?
24· ·communicated.· Well, I had to be cleared if I was on 24· · · · A.· ·I began selling cars.
25· ·the field.· At some -- at some point I was doing 25· · · · Q.· ·For whom?
Page 43 Page 45
·1· ·on-the-field workouts.· Then I was transitioned to ·1· · · · A.· ·I believe the corporation is Billion
·2· ·individualized -- I was transitioned to practice. ·2· ·Automotive.
·3· · · · Q.· ·Do you know when approximately you were ·3· · · · Q.· ·Did you participate in the football
·4· ·cleared to play in the 2015 season? ·4· ·program in any way after your graduation from
·5· · · · A.· ·I do not. ·5· ·college in May of '16?
·6· · · · Q.· ·When was your last practice with the Iowa ·6· · · · A.· ·No.· I've maintained contact with a few
·7· ·football program, if you can recall? ·7· ·players that I was very familiar with, but not
·8· · · · A.· ·In preparation for the Rose Bowl. ·8· ·truly.
·9· · · · Q.· ·That would be the January 1st, 2016, Rose ·9· · · · Q.· ·You didn't have any official role or a
10· ·Bowl following the 2015 season? 10· ·student assistant role or a graduate assistant role
11· · · · A.· ·Correct. 11· ·of any kind with the program, is that true, after
12· · · · Q.· ·Did you attend the Rose Bowl? 12· ·May of '16?
13· · · · A.· ·I did. 13· · · · A.· ·That's correct.
14· · · · Q.· ·Did you play in the Rose Bowl? 14· · · · Q.· ·Was there any day in 2016 after the Rose
15· · · · A.· ·I believe that I went in on the last play 15· ·Bowl when you thought you were still a member of the
16· ·on defense. 16· ·Iowa football team, or did the Rose Bowl end your
17· · · · Q.· ·Did you play in the Big 10 championship 17· ·participation in the Iowa football program for your
18· ·game in 2015? 18· ·career?
19· · · · A.· ·I don't believe so. 19· · · · · · ·MR. DENNIE:· Objection.· Form.· Compound.
20· · · · Q.· ·Did you attend that game, and did you 20· ·Multifarious.
21· ·dress in order to be available to play at the Big 10 21· · · · Q.· ·(By Mr. Stone)· Do you understand the
22· ·championship? 22· ·question, Mr. Cooper?
23· · · · A.· ·I attended the game, and as far as 23· · · · A.· ·Shortly after my time after the Rose Bowl,
24· ·availability, I was out there as a pseudo coach. I 24· ·I stopped coming to the football complex.· I -- I
25· ·didn't prepare with the -- the preparation didn't 25· ·didn't feel welcome anymore, in truth.· I was -- I

App. 215
Page 74 Page 76
·1· · · · A.· ·When I would work on the scout team, I ·1· · · · A.· ·I was not coached directly by Brian
·2· ·would -- we would -- we would be going against his ·2· ·Ferentz.· So my interactions with Brian Ferentz were
·3· ·players, but directly coaching me, no. ·3· ·limited.· For the players that did have direct --
·4· · · · Q.· ·During the time that you were on the scout ·4· ·direct interactions with Brian Ferentz, those
·5· ·team as a defensive team against the offense, did ·5· ·statements are in alignment with what was said.
·6· ·the defenders or defensive team have their own ·6· · · · Q.· ·There's a statement in the first amended
·7· ·coach? ·7· ·complaint -- and we can look at it if you need to.
·8· · · · A.· ·That's correct. ·8· ·I think it's Paragraph 140 -- relating an incident
·9· · · · Q.· ·Who was that for the scout team? ·9· ·where Mr. Jonathan Parker alleges that Brian Ferentz
10· · · · A.· ·One of the coaches was Kelvin Bell. I 10· ·called him a dumbass black player.· Did you observe
11· ·don't remember all of the coaches, though. 11· ·that incident?
12· · · · Q.· ·Did you ever hear Brian Ferentz call you 12· · · · · · ·MR. DENNIE:· Can you pull that up -- that
13· ·directly the N-word? 13· ·exhibit up so we can all be on the same page,
14· · · · A.· ·He hasn't called me directly the N-word. 14· ·please.
15· ·But he has said it -- he has said racist things to 15· · · · · · ·Thank you, Counsel.
16· ·other players around us, within earshot.· So as far 16· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, I have put
17· ·as calling players stupid motherfuckers and stupid 17· ·before you Paragraph 140.· And if you want to read
18· ·black motherfuckers and dumbass black players, 18· ·any of the context around it, just tell me to scroll
19· ·things are happening within earshot, correct. 19· ·up or scroll down.· I want to be sure -- but I think
20· · · · Q.· ·Let me see if I can get an answer to my 20· ·it's Paragraph 140 that I have questions I want to
21· ·question, Mr. Cooper. 21· ·ask you about.· So take a minute and read it to
22· · · · · · ·MR. DENNIE:· Counsel, he -- no need for 22· ·yourself, please.
23· ·that sidebar.· He answered your question.· So if you 23· · · · A.· ·(Witness complies.)
24· ·want to ask another, you can, but no need to start 24· · · · · · ·Yeah.
25· ·with that kind of phrase.· Thank you. 25· · · · Q.· ·All right, Mr. Cooper.· Have you had a
Page 75 Page 77
·1· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, did Brian ·1· ·chance to read Paragraph 140?
·2· ·Ferentz ever call you the N-word directly? ·2· · · · A.· ·I have.
·3· · · · A.· ·Directly, no.· But within earshot.· And ·3· · · · Q.· ·Were you present when this occurred?
·4· ·that's a very targeted term. ·4· · · · A.· ·I can't recall if I was present.· But I
·5· · · · Q.· ·Did Brian Ferentz ever call you directly a ·5· ·remember seeing video of this practice and Coach
·6· ·gang member? ·6· ·Ferentz definitely kicking the trash can.· And
·7· · · · A.· ·He did not call me directly a gang member. ·7· ·several of us were -- we -- we were shocked, to say
·8· ·It's not out of character for him to have said it to ·8· ·the least.
·9· ·another black player. ·9· · · · · · ·When we talk about composure, when we talk
10· · · · Q.· ·Did ever Brian Ferentz say to you, "What 10· ·about all the things that the "Iowa way" is supposed
11· ·gang are you in?" 11· ·to represent and watching our coach blow up on a
12· · · · A.· ·He's never said it directly to me.· Again, 12· ·black player like that, that's not composure.
13· ·it would not be out of character for him to have 13· ·That's targeted.· That -- that's -- there it is
14· ·said it to another black player. 14· ·right there.· That's racist right there, the fact
15· · · · Q.· ·Did Brian Ferentz ever call you a stupid 15· ·that he feels as though he can explode on players
16· ·MF?· And I think you know what that -- those 16· ·like that.· Then we have to apologize for -- black
17· ·initials stand for.· Did he ever directly use that 17· ·players have to apologize for the way that a grown
18· ·phrase aimed at you, "stupid MF"? 18· ·man, a coach is acting, after being told we did
19· · · · A.· ·He's used it within earshot of me, but not 19· ·nothing wrong.
20· ·directed towards me specifically. 20· · · · Q.· ·Mr. Cooper, my question is did you observe
21· · · · Q.· ·Did Brian Ferentz ever say to you to "go 21· ·the incident when it happened, not did you see a
22· ·back to the ghetto" or words to that effect? 22· ·videotape later, but were you on the field or did
23· · · · A.· ·Not directed towards me. 23· ·you observe it when it happened?
24· · · · Q.· ·Did Brian Ferentz ever use any other 24· · · · · · ·MR. DENNIE:· Objection.· Asked and
25· ·derogatory name or term directly to you? 25· ·answered.

App. 216
Page 78 Page 80
·1· · · · A.· ·I don't recall where I was at that current ·1· ·confrontation, I made sure to remove all -- I made
·2· ·moment, only that I was sure that I saw the video in ·2· ·sure to remove my earrings before entering the
·3· ·question. ·3· ·complex.
·4· · · · Q.· ·(By Mr. Stone)· Well, do you know that you ·4· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
·5· ·were still on the Iowa team when the incident ·5· ·you personally or directly about any jewelry?
·6· ·happened that's the subject of Paragraph 140?· Do ·6· · · · A.· ·I didn't give -- I didn't give him the
·7· ·you recall talking about it with people about the ·7· ·opportunity to.
·8· ·time that it happened? ·8· · · · Q.· ·So the answer is no, he did not?
·9· · · · A.· ·I can't recall. ·9· · · · A.· ·He did not.
10· · · · Q.· ·Did Brian Ferentz ever call you a dumbass 10· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
11· ·black player direct? 11· ·you about your diction or the way that you spoke?
12· · · · A.· ·Not to my knowledge. 12· · · · A.· ·No.
13· · · · Q.· ·I'm curious, Mr. Cooper.· Was the video 13· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
14· ·that you saw of Brian Ferentz kicking the garbage 14· ·you about the way that you walked?
15· ·can -- did it have audio with it? 15· · · · A.· ·Not that I can recall.
16· · · · A.· ·No. 16· · · · Q.· ·Did Brian Ferentz ever mock or make fun of
17· · · · Q.· ·How do you know he was going off on a 17· ·you or ridicule you about your hair?
18· ·black player when he was kicking the garbage can 18· · · · A.· ·Not that I can recall.
19· ·from the video that you saw? 19· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
20· · · · A.· ·There aren't too many instances of when 20· ·you, or ridicule you about your tattoos?
21· ·coaches kick trash cans.· So this was a pretty 21· · · · A.· ·Not that I can recall.
22· ·telling event, one that was highlighted at the time. 22· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
23· · · · Q.· ·Well, how did you know, if you did, what 23· ·you, or ridicule you about your clothing?
24· ·Brian Ferentz said when you watched the video? 24· · · · A.· ·Not that I can recall.· But I'm not the
25· · · · A.· ·I didn't know through what Brian Ferentz 25· ·only player who dealt with Brian Ferentz.· So when
Page 79 Page 81
·1· ·said.· I knew through what was reported by the ·1· ·it comes to some of these questions, they would be
·2· ·players in which he said it to. ·2· ·more directly targeted towards other players.
·3· · · · Q.· ·Did Brian Ferentz ever say anything to you ·3· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·4· ·about getting your hair cut or your hair was too ·4· ·you, or ridicule you about your jewelry?
·5· ·long, Mr. Cooper? ·5· · · · A.· ·Not that I can recall.
·6· · · · A.· ·Not to me. ·6· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·7· · · · Q.· ·Do you have tattoos, Mr. Cooper? ·7· ·you, or ridicule you about your diction?
·8· · · · A.· ·I do. ·8· · · · A.· ·Not that I can recall.
·9· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to ·9· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
10· ·you about your tattoos? 10· ·you, or ridicule you about the way that you walked?
11· · · · A.· ·My tattoos weren't visible.· So no. 11· · · · A.· ·Not that I can recall.
12· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to 12· · · · Q.· ·Did you personally complain to Coach Kirk
13· ·you about the clothing that you wore? 13· ·Ferentz at any players council meeting that Brian
14· · · · A.· ·Not to me directly. 14· ·Ferentz had made any comment about your hair,
15· · · · Q.· ·Did Brian Ferentz ever say anything to you 15· ·tattoos, clothing, jewelry, diction, or the way you
16· ·about jewelry that you may have been wearing? 16· ·walked?
17· · · · A.· ·There was a strict policy of no earrings 17· · · · A.· ·Not that I can recall.
18· ·within the complex.· So if I would have had earrings 18· · · · Q.· ·Did you personally complain to Kirk
19· ·in or for players that did have earrings in, it was 19· ·Ferentz at any players council or leadership council
20· ·policed pretty hard. 20· ·meeting that Brian Ferentz had made any comment
21· · · · Q.· ·Do you -- did you wear earrings during the 21· ·about other athletes' hair, tattoos, clothing,
22· ·time that you were a member of the Iowa football 22· ·jewelry, diction, or the way they walked?
23· ·team, or did you have your ears pierced at that 23· · · · A.· ·Not that I can recall.
24· ·time? 24· · · · Q.· ·Let me ask you that same series of
25· · · · A.· ·My ears were pierced.· And to avoid 25· ·questions with respect to Coach Doyle.· Did Coach

App. 217
Page 94 Page 96
·1· · · · A.· ·That is. ·1· ·myself in this manner."· It was dismissed.· I was --
·2· · · · Q.· ·Now, you don't reference Coach Doyle there ·2· ·I was ostracized from the team in certain respects.
·3· ·in any way, do you, sir? ·3· ·The remainder of that summer I had to train by
·4· · · · A.· ·I don't reference Coach Doyle in that. ·4· ·myself, outside of a few large team gathering events
·5· · · · Q.· ·And you don't reference Coach Brian ·5· ·that were held later within the -- later within the
·6· ·Ferentz in any way, that either one of those two ·6· ·afternoons.
·7· ·coaches told you to play through it or ridiculed you ·7· · · · · · ·So that's an experience that no other
·8· ·for complaining about your injury; is that a fair ·8· ·white player had to experience.· That is an
·9· ·statement? ·9· ·individualized experience for myself and other black
10· · · · A.· ·Possibly. 10· ·players.
11· · · · Q.· ·Well, let me ask it this way, Mr. Cooper. 11· · · · Q.· ·What was the summer that you worked in
12· ·In answers to your interrogatory, you did not 12· ·this -- again, maybe I missed the answer.· Was it a
13· ·identify that Coach Doyle or Coach Brian Ferentz had 13· ·camp or a facility that you were describing,
14· ·told you to play through it and ridiculed you for 14· ·Mr. Cooper?
15· ·complaining about being injured.· I want to ask you 15· · · · A.· ·It's called the Youth Leadership Program,
16· ·that question now in your deposition, first as to 16· ·a YLP.
17· ·Brian Ferentz.· Did Brian Ferentz at any time tell 17· · · · Q.· ·And what was the summer that you worked
18· ·you to play through your injuries or ridicule you 18· ·there?
19· ·for complaining about your injuries, if you can 19· · · · A.· ·That, I believe, is the summer of 2011
20· ·recall? 20· ·heading to 2012.
21· · · · A.· ·I don't recall. 21· · · · Q.· ·Those are the years, to the best of your
22· · · · Q.· ·Did Coach Doyle tell you to play through 22· ·recollection?
23· ·it or ridicule you for complaining about your 23· · · · A.· ·It was the summer heading into my first
24· ·injuries at any time that you can recall? 24· ·year playing.
25· · · · A.· ·I don't recall Coach Doyle telling me to 25· · · · Q.· ·And --
Page 95 Page 97
·1· ·play through my injuries.· I do recall being ·1· · · · A.· ·That would be to the best of my
·2· ·ridiculed by Coach Doyle for not being able to make ·2· ·recollection.
·3· ·weight.· He made me show him my finances over the ·3· · · · Q.· ·And it was at that time that Coach Doyle
·4· ·summer for fear that I was misappropriating funds. ·4· ·allegedly ridiculed you about your finances and
·5· ·He made me break down my finances.· I was constantly ·5· ·about making weight and losing weight and those
·6· ·ridiculed by him, as well as other white coaches, ·6· ·things you just described for us, was back in 2011
·7· ·for not being able to make weight.· After ·7· ·and 2012?
·8· ·communicating what my financial situation was, I was ·8· · · · A.· ·The time frame is heading into my -- into
·9· ·told to simply buy eggs.· And to the same -- and to ·9· ·the first year that I played.
10· ·the same token, I was given -- over the course of 10· · · · Q.· ·Getting back to the subject of your
11· ·one summer, I lost 20 pounds working at a youth 11· ·injuries and playing through your injuries or being
12· ·leadership retreat for at-risk youth within the Iowa 12· ·ridiculed for complaining about being injured,
13· ·City community, a job that was suggested to me by 13· ·you're not here to testify that Coach Doyle told you
14· ·University of Iowa -- Iowa staff as a summer job, 14· ·to play through it or ridiculed you for complaining
15· ·because at that time summer school wasn't provided. 15· ·about your injuries, are you, sir?
16· · · · · · ·So as I was working out again, performing 16· · · · A.· ·I don't know his level of complicity in
17· ·team workouts, plus additional workouts, I was 17· ·that matter.
18· ·losing weight, because I didn't have the finances to 18· · · · Q.· ·I'm sorry.· I just didn't hear your
19· ·afford to be able to eat sufficiently. 19· ·answer, Mr. Cooper.
20· · · · · · ·Coach Doyle ridiculed me in front of the 20· · · · A.· ·I don't know -- I did not know his level
21· ·team, condemns me for a lack of effort.· I'm 21· ·of complicity in that matter.· So I didn't name him.
22· ·targeted by other teammates for a lack of effort, 22· ·I wasn't sure if he -- to what level that he
23· ·after having to communicate -- after having a 23· ·contributed to that.
24· ·conversation with Coach Doyle telling him, "Hey, 24· · · · Q.· ·Okay.· And then you reference that in --
25· ·Coach Doyle, I do not have the funds to support 25· ·looks to me like the eighth line.· It says,

App. 218

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No. 4:20-cv-366
·7· · · · · · · · · · · · · · · · ·:
·9· ·DOYLE,· · · · · · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
10· · · · · ·Defendants.· · · · · ·:
· · ·- - - - - - - - - - - - - - - -
11
12
13
14
15· · · VIDEO-RECORDED DEPOSITION OF JONATHAN PARKER,
18· ·Iowa, commencing at 9:08 a.m., Tuesday, March 29,
19· ·2022.
20
21
22
23
24

App. 219
JONATHAN PARKER· 03/29/2022 Pages 2..5
Page 2 Page 4
·2· ·For the Plaintiffs (via Zoom): ·2· ·WITNESS:· JONATHAN PARKER· · · · · · · · · · · ·PAGE
· · · · · BEATRIZ MATE-KODJO, ESQ. ·3· ·Examination By Mr. Stone ..........................6
·3· · · · BMK LAW FIRM PLLC
· · · · · 1910 Washington Street, Suite 100 ·4· ·Examination By Mr. Dennie .......................194
·4· · · · Pella, Iowa 50219 ·5· ·Examination By Ms. Mate-Kodjo ...................199
·5· · · · DAMARIO SOLOMON-SIMMONS, ESQ. ·6· ·Further Examination By Mr. Stone ................215
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·7· ·Further Examination By Ms. Mate-Kodjo ...........220
·6· · · · SOLOMON SIMMONS LAW
·8· ·Further Examination By Mr. Stone ................221
· · · · · 601 South Boulder Avenue, Suite 600-A
·7· · · · Tulsa, Oklahoma 74119 ·9
·8· · · · CHRISTIAN S. DENNIE, ESQ. 10· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
· · · · · KEVIN McILWAIN, ESQ. · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·9· · · · BARLOW GARSEK & SIMON LLP 11· ·2· ·- First amended complaint ....................52
· · · · · 920 Foch Street
10· · · · Fort Worth, Texas 76107 12· ·33· - Parker Iowa football profile ..............107
11· ·For Defendants Ferentz and University of Iowa 13· ·34· - Video clip .................................51
· · ·(via Zoom): 14· ·40· - Video recording of meeting between Parker ..10
12· · · · ROGER W. STONE, ESQ. · · · · · and K. Ferentz
· · · · · SIMMONS PERRINE MOYER BERGMAN PLC
15
13· · · · 115 Third Street Southeast, Suite 1200
· · · · · Cedar Rapids, Iowa 52401 · · ·41· - Parker's objections and answers to .........47
14 16· · · · interrogatories
15· ·For the Defendants (via Zoom): 17· ·42· - Video clip ................................194
· · · · · JEFFREY C. PETERZALEK, ESQ. 18· ·CERTIFICATE OF REPORTER..........................223
16· · · · CHRISTOPHER DEIST, ESQ.
19
17· · · · 1305 East Walnut Street, Second Floor 20· ·Reporter's Note: Exhibits 31 through 41 were marked
· · · · · Des Moines, Iowa 50319 · · ·by counsel prior to the deposition and distributed
18 21· ·to all parties prior.· Video Exhibits 34, 40, and 42
19· ·The Witness (via Zoom): · · ·were retained by counsel.
· · · · · JONATHAN PARKER
20 22
21· ·Videographer (via Zoom): · · ·(ph) indicates a phonetic spelling.
· · · · · AMY COOPER 23· ·[sic] indicates the text is as stated.
22· · · · FIDELITY VIDEO SERVICES, INC. · · ·Quoted text is as stated by the speaker.
23
24
24
25 25
Page 3 Page 5
·1· · · · · · A P P E A R A N C E S (continued) ·1· · · · · · · · · P R O C E E D I N G S
·3· · · · MARCEL JOLY, Plaintiff
·3· ·March 29th, 2022, and the approximate time is
· · · · · DARIAN COOPER, Plaintiff ·4· ·9:08 a.m., Central Time.· This begins the video
·4· · · · KIRK FERENTZ, University representative ·5· ·deposition of Jonathan Parker requested by the
· · · · · RAIMOND BRAITHWAITE, University representative ·6· ·defense in the matter of Akrum Wadley, et al.,
·5· · · · CHRISTOPHER DOYLE, Defendant
·7· ·plaintiffs, versus University of Iowa, et al.,
· · · · · AUDRA DRISH, Attorney General's Office
·6· · · · EMMA WEINBERG, Solomon Simmons Law
·8· ·defendants, in the United States District Court for
· · · · · KATIE NARVESON, Simmons Perrine ·9· ·the Southern District of Iowa, Central Division,
·7 10· ·Case No. 420-cv-366.· This deposition is being held
·8 11· ·via Zoom videoconference in remote locations.
·9
12· · · · · · ·My name is Amy Cooper, certified legal
10
11
13· ·videographer of Fidelity Video Services,
13 15· · · · · · ·Counsel will please identify themselves
14 16· ·for the record.
15
17· · · · · · ·MR. STONE:· Roger Stone for Brian Ferentz,
16
17
18· ·and I'm associated with the University of Iowa.
18 19· · · · · · ·MR. DENNIE:· Christian Dennie.· I'll be
19 20· ·representing Jonathan Parker today.
20 21· · · · · · ·THE VIDEOGRAPHER:· The oath will now be
21
22
23
23· ·reporter of Susan Frye Court Reporting, Des Moines,
24 24· ·Iowa.
25 25

App. 220
Page 10 Page 12
·1· ·say, but if they'd say something like, "Well, tell ·1· ·forwards, and then he got on me about going towards
·2· ·him about this" or "Don't forget about this" or ·2· ·the touchdown -- 'touchdown's the other way.' I
·3· ·"This happened on this date," something like that -- ·3· ·said 'okay, all right, yes, sir,' and all this
·4· ·I want to know if you're getting any help or ·4· ·stuff, and he just kept going on me, start --
·5· ·communication or any outside source of information ·5· ·getting real rude and disrespectful.· And then
·6· ·for any answers to any questions today.· That's what ·6· ·that's when I kind of disrespected him, and I said,
·7· ·I want you to tell me.· Okay? ·7· ·'Well, here, you try,' and I tossed the ball up to
·8· · · · A.· ·Okay. ·8· ·him.· And that's when he got disrespectful again and
·9· · · · Q.· ·Do you have any documents or notes ·9· ·started saying fuck me and 'you know who I am' and
10· ·available to you to help you answer the questions? 10· ·things like that or whatever.· And that was pretty
11· · · · A.· ·No, I do not. 11· ·much it.· Just -- and I didn't say nothing else
12· · · · · · ·MR. STONE:· Okay.· All right.· Counsel, we 12· ·(inaudible).· I looked to him and says -- you know,
13· ·discussed this morning off the record Exhibit 40, 13· ·I wasn't mad.· I said 'all right, yes, sir.'· And I
14· ·which is a tape of a meeting attended by Mr. Parker 14· ·tried to let it be that, but, you know, just he kept
15· ·and Mr. Kirk Ferentz.· We're going to start with 15· ·coming at me.· And I already been just dealing with
16· ·Exhibit 40.· We've discussed having the court 16· ·a lot of stuff.· And that's what it was.
17· ·reporter do the best she can to transcribe it while 17· · · · · · ·"MR. FERENTZ:· Okay.· So in the drill
18· ·it's being played, and then we'll submit Exhibit 40 18· ·you're not supposed to be going backwards; right?
19· ·to her and ask her to make a complete and accurate 19· ·Fair to say?
20· ·copy in the deposition transcript of the recording 20· · · · · · ·"MR. PARKER:· Yeah.· But --
21· ·of Exhibit 40.· Is that agreeable to you? 21· · · · · · ·"MR. FERENTZ:· The idea is to go try to
22· · · · · · ·MR. DENNIE:· Yes, Counsel.· As we said, we 22· ·return the ball?
23· ·understand that audio recordings sometimes are 23· · · · · · ·"MR. PARKER:· Yeah.
24· ·difficult to transcribe depending on how loud they 24· · · · · · ·"MR. FERENTZ:· Okay.· So he corrected you.
25· ·are and sometimes muffled.· So we understand that 25· ·Appropriately or inappropriately, but he corrected
Page 11 Page 13
·1· ·our court reporter may go back and have to listen to ·1· ·you?
·2· ·the audio recording again.· So we're fine with that. ·2· · · · · · ·"MR. PARKER:· Uh-huh.
·3· · · · · · ·MR. STONE:· Thank you. ·3· · · · · · ·"MR. FERENTZ:· And then you flipped the
·4· · · · · · ·All right.· Katie, would you please play ·4· ·ball to him?
·5· ·Exhibit 40. ·5· · · · · · ·"MR. PARKER:· I corrected him back by
·6· · · · · · ·MR. DENNIE:· And, Counsel, just so ·6· ·saying -- well, I thanked him.
·7· ·we're -- are we going to go -- are we going to play ·7· · · · · · ·"MR. FERENTZ:· Okay.
·8· ·the audio recording all the way through first, or ·8· · · · · · ·"MR. PARKER:· Yep.
·9· ·are you going to stop it and ask questions as you ·9· · · · · · ·"MR. FERENTZ:· I wasn't right there, but,
10· ·go? 10· ·you know, appropriate, inappropriate, your actions?
11· · · · · · ·MR. STONE:· No.· I'm going to try to play 11· · · · · · ·"MR. PARKER:· My actions?
12· ·it all the way through and not go back unless for 12· · · · · · ·"MR. FERENTZ:· Flipping him the ball and
13· ·some reason it's absolutely necessary. 13· ·saying, 'You do it,' I mean, do you think it's a
14· · · · · · ·MR. DENNIE:· Okay.· Fair enough.· Thank 14· ·coach's job to return it?· It was your job to return
15· ·you. 15· ·the ball; right?
16· · · · · · ·MR. STONE:· Katie, we're not hearing 16· · · · · · ·"MR. PARKER:· Yeah, it was my job.
17· ·anything.· You're muted.· Does that matter? 17· · · · · · ·"MR. FERENTZ:· Did you do it?
18· · · · · · ·MS. NARVESON:· All right.· I'll try to 18· · · · · · ·"MR. PARKER:· Yeah.
19· ·start over. 19· · · · · · ·"MR. FERENTZ:· You did it the way the
20· · · · · · ·MR. STONE:· Thank you. 20· ·drill -- is the drill supposed to go backwards?
21· · · · · · ·(Video begins.) 21· · · · · · ·"MR. PARKER:· I mean, I'm just giving my
22· · · · · · ·"MR. PARKER:· Coach. 22· ·guys work.· Everybody do it, not only me.· I mean,
23· · · · · · ·"MR. FERENTZ:· (Inaudible.) 23· ·some people get away with it.· Some people just get
24· · · · · · ·"MR. PARKER:· So I was doing the drill, 24· ·caught.· And I got caught --
25· ·and so I just -- I went backwards instead of going 25· · · · · · ·"MR. FERENTZ:· All right.· Are you

App. 221
Page 14 Page 16
·1· ·supposed trying to go this way? ·1· ·Because, you know, it'll hurt me to sit here if you
·2· · · · · · ·"MR. PARKER:· Yeah.· But we give our guy ·2· ·feel like you don't want me here.
·3· ·(inaudible) -- I mean -- ·3· · · · · · ·"MR. FERENTZ:· Yeah.· I don't know that --
·4· · · · · · ·"MR. FERENTZ:· The idea is to go that way; ·4· · · · · · ·"MR. PARKER:· Not -- not -- let me correct
·5· ·right? ·5· ·that.· Not let me -- not want, but need, need.· You
·6· · · · · · ·"MR. PARKER:· Yeah. ·6· ·know, need.· Because it's easy to just keep somebody
·7· · · · · · ·"MR. FERENTZ:· Okay. ·7· ·around but --
·8· · · · · · ·"MR. PARKER:· Yeah. ·8· · · · · · ·"MR. FERENTZ:· Yeah.
·9· · · · · · ·"MR. FERENTZ:· So did you do that or not? ·9· · · · · · ·"MR. PARKER:· -- I mean, if you don't want
10· · · · · · ·"MR. PARKER:· No. 10· ·me or need me, yeah.
11· · · · · · ·"MR. FERENTZ:· No.· Did you flip the ball 11· · · · · · ·"MR. FERENTZ:· You've done a good job
12· ·to him and tell him -- 12· ·academically.· As far as I know, you haven't done
13· · · · · · ·"MR. PARKER:· Yes, I did.· Yes, I did. 13· ·anything wrong characterwise.· If you have, I'm not
14· · · · · · ·"MR. FERENTZ:· Okay.· Well, I never 14· ·aware of it.· Okay?· If you were, we wouldn't be
15· ·coached returners.· Okay? 15· ·having this discussion.
16· · · · · · ·"MR. PARKER:· Uh-huh. 16· · · · · · ·You know, my concern right now, quite
17· · · · · · ·"MR. FERENTZ:· I did coach the offensive 17· ·frankly, is, yeah, I'm unsure where you fit, and,
18· ·line the majority of my life. 18· ·you know, I thought you'd be further along.· As a
19· · · · · · ·"MR. PARKER:· Uh-huh. 19· ·receiver, I was hoping you would.· I'm not sure you
20· · · · · · ·"MR. FERENTZ:· I never had a guy telling 20· ·are.· I don't know.· I can't predict the future.
21· ·me to do it. 21· ·Okay?· You know Anthony Gair went in third to last
22· · · · · · ·"MR. PARKER:· Uh-huh. 22· ·game of his career, regular season at least, and,
23· · · · · · ·"MR. FERENTZ:· Never one of my players 23· ·you know, we played good defense.· He basically
24· ·ever told me to do it. 24· ·played all three games, I mean, all but, like, two
25· · · · · · ·"MR. PARKER:· Okay. 25· ·plays or three plays in the Michigan game, and then
Page 15 Page 17
·1· · · · · · ·"MR. FERENTZ:· I've corrected a lot of ·1· ·two after that we played really good defense,
·2· ·guys, some of them politely, some not so politely. ·2· ·fifth-year senior.· Okay.
·3· ·Yeah.· But that's the way it goes.· Okay.· So -- ·3· · · · · · ·"MR. PARKER:· Okay.
·4· · · · · · ·"MR. PARKER:· Yeah. ·4· · · · · · ·"MR. FERENTZ:· So I don't want -- I didn't
·5· · · · · · ·"MR. FERENTZ:· But I've never had a player ·5· ·see that coming.· It happened like that.· And then
·6· ·do that.· First of all, I couldn't do it, nor could ·6· ·we had time to think about (inaudible).· So I
·7· ·he.· Okay.· He could return a punt.· I sure as shit ·7· ·(inaudible) him.· I can't see what the future holds.
·8· ·couldn't block a guy in high school, let alone ·8· ·Right now, obviously, you're frustrated, right,
·9· ·college or pros.· That's not the kind of response ·9· ·because you're not getting a lot of work.· Okay?
10· ·we're looking for.· All right?· So that's one issue 10· ·(Inaudible) you're getting screwed.· All right.· Not
11· ·right there. 11· ·only you're not -- it's not that you're not trying.
12· · · · · · ·The bigger issue right now to me -- and I 12· ·It's just it's not happening right now.· So, you
13· ·was planning on talking to you next week or this 13· ·know, that's something you're going to have to tell
14· ·week at some point -- it is this week.· It's Monday. 14· ·us.· You've done a good job academically.· We got
15· ·You know, what are your thoughts right now?· Where 15· ·options if you choose to.· Okay?· You've got your
16· ·are you going?· I know you're not happy.· Okay. I 16· ·degree, which is the most important thing.· Are you
17· ·get that. 17· ·double majoring?· Is that what you're doing --
18· · · · · · ·"MR. PARKER:· Yeah.· I mean -- 18· · · · · · ·"MR. PARKER:· Yeah.
19· · · · · · ·"MR. FERENTZ:· You've done a good job 19· · · · · · ·"MR. FERENTZ:· -- this semester -- this
20· ·academically, and that's to your credit. 20· ·coming semester?· So, you know, it's really -- the
21· · · · · · ·"MR. PARKER:· Yeah.· I mean, I've just 21· ·ball's kind of in your court right now.· But here's
22· ·been trying to continue to work and hope something 22· ·what I don't want and I think part of today is the
23· ·busts through.· But, I mean, if you feel like 23· ·fact that you're frustrated.· Okay?· And I know you
24· ·otherwise, like, if you want me to leave, if I need 24· ·(inaudible) and I get that.· And I kind of commend
25· ·to leave, if that's the case, then let me know. 25· ·you up until today for what you've done.· Okay?

App. 222
Page 18 Page 20
·1· ·You've done a pretty good, I think, of, you know, ·1· ·didn't -- I didn't --
·2· ·doing what you're supposed to do.· Your heart ·2· · · · · · ·"MR. FERENTZ:· Were you getting the
·3· ·doesn't seem to be in it right now.· That's my ·3· ·ball --
·4· ·impression right now.· And -- ·4· · · · · · ·"MR. PARKER:· I didn't get the job -- I
·5· · · · · · ·"MR. PARKER:· Why do you get that? ·5· ·didn't get the job done.
·6· · · · · · ·"MR. FERENTZ:· I just -- I just do. ·6· · · · · · ·"MR. FERENTZ:· You weren't trying to go
·7· · · · · · ·"MR. PARKER:· Since we -- since we last ·7· ·towards the other goal line, which at some point
·8· ·talked. ·8· ·you're supposed to do in that drill.· Fair for me --
·9· · · · · · ·"MR. FERENTZ:· I just -- I don't see you ·9· · · · · · ·"MR. PARKER:· Yeah.
10· ·fully engaged.· You know, I just don't. 10· · · · · · ·"MR. FERENTZ:· -- to assess that?· Okay.
11· · · · · · ·"MR. PARKER:· As in just making plays 11· · · · · · ·Now, here's the flip -- I don't know who
12· ·or -- 12· ·was coaching that drill.· He shouldn't have been.
13· · · · · · ·"MR. FERENTZ:· Just everything in general. 13· ·All right?· I don't know who was.· That's my fault
14· ·I don't -- I think you're out there.· You work.· I'm 14· ·as a head coach, if we didn't have somebody down
15· ·not saying you're dogging it.· I'm not saying that, 15· ·there coaching the returner.· Then he never would
16· ·but I don't get the sense that you're -- you got 16· ·have got involved.· But he did get involved, and he
17· ·both feet in the circle.· That's just my impression. 17· ·made a correction, which I think's okay.· Now, did
18· ·Yeah.· That's the feelings I get.· It's not 18· ·he do it in a tolerable fashion?· Yeah, maybe not,
19· ·scientific, but that's the feelings I get.· And I'm 19· ·especially since he doesn't coach you one-on-one
20· ·not saying that in a negative way.· I'm just saying 20· ·You know, my preference has always been as a coach
21· ·it -- my sense is, like, you're frustrated, and that 21· ·if it's going to get a little down and dirty, it
22· ·is -- I get that.· And you're allowed to be 22· ·ought to be with a guy that you coach.· Okay?· Which
23· ·frustrated.· What you're not allowed to do is flip a 23· ·he doesn't coach you.· I get that part of it.· Okay?
24· ·ball to a coach and tell him to do it.· You can't do 24· ·But nonetheless, he was trying to get you to do the
25· ·that.· That's -- I don't give a shit how frustrated 25· ·drill the correct way; fair to say?
Page 19 Page 21
·1· ·you are.· That's unacceptable. ·1· · · · · · ·"MR. PARKER:· Yeah.
·2· · · · · · ·"MR. PARKER:· But is that right to let him ·2· · · · · · ·"MR. FERENTZ:· Okay.· And I do know this:
·3· ·disrespect me like that? ·3· ·A player can't flip a coach a ball and say, 'Here
·4· · · · · · ·"MR. FERENTZ:· You know -- ·4· ·you do it.'· Sorry about that.· Okay?
·5· · · · · · ·"MR. PARKER:· He disrespected me before I ·5· · · · · · ·So, you know, it happened.· Should it have
·6· ·flipped the ball to him. ·6· ·happened?· You know, probably not.· It did happen.
·7· · · · · · ·"MR. FERENTZ:· How did he disrespect you? ·7· ·Okay?· And I can't let that go.· That's one thing.
·8· · · · · · ·"MR. PARKER:· He called me out my name. ·8· ·All right?· The bigger picture to me, again, is
·9· ·He called me asshole and everything, for just going ·9· ·going to be what's your plan of action right now,
10· ·backwards, for doing -- 10· ·what your goal is.
11· · · · · · ·"MR. FERENTZ:· That I don't know. 11· · · · · · ·"MR. PARKER:· Okay.
12· · · · · · ·"MR. PARKER:· -- (inaudible). 12· · · · · · ·"MR. FERENTZ:· And I'm not telling you the
13· · · · · · ·"MR. FERENTZ:· I wasn't there to stand 13· ·right answer.· I know this, though -- okay -- if we
14· ·there.· I know this:· You weren't doing what you 14· ·do move forward and you stay here -- okay -- the
15· ·were supposed to doing the drill.· That's all I 15· ·question I have to ask -- and I ask this of seniors
16· ·know.· And you flipped the ball to him and said -- 16· ·every year, fifth-year seniors:· What are you going
17· ·and he's your coach.· Okay?· I'm sorry.· Yeah, I'm 17· ·to do next year if it doesn't work out?· What's your
18· ·sorry. 18· ·(inaudible) last year?· Just like I asked Ryan Ward
19· · · · · · ·"MR. PARKER:· You're right. 19· ·or Steve Ferentz.· I had three seniors that weren't
20· · · · · · ·"MR. FERENTZ:· Were you doing what you're 20· ·playing -- all right -- two of whom still haven't
21· ·supposed to be doing in the drill? 21· ·played.· Anthony did play the last three games, and
22· · · · · · ·"MR. PARKER:· I mean -- 22· ·I'm guessing he enjoyed that a lot more than he did
23· · · · · · ·"MR. FERENTZ:· Yes or no?· You said no a 23· ·the previous nine.· Probably fair to say; right?
24· ·minute ago.· Have you changed your mind on that? 24· · · · · · ·"MR. PARKER:· Uh-huh.
25· · · · · · ·"MR. PARKER:· I mean, I was working, but I 25· · · · · · ·"MR. FERENTZ:· Okay.· So -- but I do know

App. 223
Page 22 Page 24
·1· ·this:· I didn't have any problems with any of the ·1· · · · · · ·"MR. FERENTZ:· You know who's coming back,
·2· ·three during the course of the year.· And moving ·2· ·you know who isn't, that's for you to size up and
·3· ·forward right now and just -- and I didn't know this ·3· ·all that.· But what happened out there today, right,
·4· ·was going to happen today, but it makes me wonder, ·4· ·wrong, or indifferent -- okay -- he's an offensive
·5· ·you know, Is it going to be all worked out next year ·5· ·coach correcting a drill.· That's what he was doing.
·6· ·if you're not playing? ·6· ·Proper language, improper language -- you know, my
·7· · · · · · ·"MR. PARKER:· Uh-huh. ·7· ·only criticism there and my only critique there and
·8· · · · · · ·"MR. FERENTZ:· You know, what are you ·8· ·what I will talk to him about this, when you coach
·9· ·going to do?· What's your response going to be at ·9· ·somebody else's player, which you are, then, you
10· ·that point if it doesn't?· Okay?· And if there is -- 10· ·know, I'd prefer a little different tone or
11· ·if there is a problem, if there is an issue, then, 11· ·demeanor.· But that still doesn't excuse what you
12· ·yeah, I'm going to have to do something about that, 12· ·did.· Okay?
13· ·and I don't want to.· Just like I didn't want to 13· · · · · · ·"MR. PARKER:· Uh-huh.
14· ·with those three guys I just mentioned.· And there's 14· · · · · · ·"MR. FERENTZ:· And that's how I'll look at
15· ·three other guys the year before, three other guys 15· ·it.· It might be fucked up, but that's how I look at
16· ·the year before.· It's a question I always ask 16· ·it.
17· ·seniors that don't look like they're going to be 17· · · · · · ·"MR. PARKER:· I know.
18· ·starting.· And I have to ask that.· Because it 18· · · · · · ·"MR. FERENTZ:· You're still a player.
19· ·doesn't do any good to have a guy around that's not 19· ·He's still a coach.
20· ·going to be -- not going to be part of the team and 20· · · · · · ·"MR. PARKER:· Yep.
21· ·into it 100 percent. 21· · · · · · ·"MR. FERENTZ:· Okay.· And respect,
22· · · · · · ·"MR. PARKER:· Yeah. 22· ·disrespect, he didn't put his hands on you; correct?
23· · · · · · ·"MR. FERENTZ:· Okay.· So that's just how 23· · · · · · ·"MR. PARKER:· Huh-uh.
24· ·that goes. 24· · · · · · ·"MR. FERENTZ:· Okay.· So he didn't put his
25· · · · · · ·"MR. PARKER:· Okay. 25· ·hands on you, all that stuff.· You know, guys are
Page 23 Page 25
·1· · · · · · ·"MR. FERENTZ:· So that's something for you ·1· ·going to use bad language.· Yeah, I know he does.
·2· ·to think about. ·2· ·Okay?· I know that.· I'm around him a lot.· And to
·3· · · · · · ·"MR. PARKER:· Okay. ·3· ·me I wish he'd use a little bit (inaudible).· Maybe
·4· · · · · · ·"MR. FERENTZ:· All right.· And you have ·4· ·he won't.· Probably got some people to keep him
·5· ·options.· And the ball's in your court on this ·5· ·around in his career.· So I understand -- I
·6· ·thing.· I'm certainly not, you know, shooing you out ·6· ·understand you're frustrated, but you can't flip the
·7· ·of here.· Okay?· And you're in good position ·7· ·ball to him and say, 'Here, you do it.'
·8· ·academically.· So you got options to do whatever you ·8· · · · · · ·"MR. PARKER:· Uh-huh.
·9· ·want.· You know, if you want to go somewhere where ·9· · · · · · ·"MR. FERENTZ:· Again, I've never had that
10· ·you can play and play actively and right away, you 10· ·in how long I've coached.· It's been a while.
11· ·know, I get that.· We just had a guy on campus, 11· · · · · · ·"MR. PARKER:· Okay.
12· ·another guy from Georgia Tech.· (Inaudible) he was 12· · · · · · ·"MR. FERENTZ:· Never had that.· That's
13· ·here a couple weekends ago, a prospect. 13· ·going to cost you four hours of community service.
14· · · · · · ·"MR. PARKER:· Oh, no, I didn't hear. 14· ·Okay?
15· · · · · · ·"MR. FERENTZ:· He's transferring out of 15· · · · · · ·"MR. PARKER:· Okay.
16· ·Georgia Tech, a really good player. 16· · · · · · ·"MR. FERENTZ:· So that's that.· Handle
17· · · · · · ·"MR. PARKER:· Okay. 17· ·that.· Take it.· If you two guys got to talk to each
18· · · · · · ·"MR. FERENTZ:· And bottom line, he's going 18· ·other, if you don't, I really don't care.
19· ·to JMU, because he wants to play.· He don't want to 19· · · · · · ·"MR. PARKER:· Okay.
20· ·sit out next year.· I totally understand that, and I 20· · · · · · ·"MR. FERENTZ:· But you got to coexist.
21· ·was worried about that.· Good player.· Could've got 21· ·Okay?· And I'm going to tell you that.· That's just
22· ·a running back.· So -- but that -- I can't promise 22· ·the way it goes.
23· ·you anything moving forward.· Okay?· I can't promise 23· · · · · · ·"MR. PARKER:· Okay.
24· ·you anything that way. 24· · · · · · ·"MR. FERENTZ:· All right?
25· · · · · · ·"MR. PARKER:· Okay. 25· · · · · · ·"MR. PARKER:· All right.

App. 224
Page 26 Page 28
·1· · · · · · ·"MR. FERENTZ:· So the rest of it you think ·1· · · · Q.· ·Where was it held?
·2· ·about.· Let me know where we're at on that.· What I ·2· · · · A.· ·In Kirk Ferentz's office.
·3· ·can say is (inaudible) be around here, and you're ·3· · · · Q.· ·Was anyone else present?
·4· ·doing what you're supposed to do, all right, then ·4· · · · A.· ·No.
·5· ·everything's fine.· I got no problem with that. ·5· · · · Q.· ·You reference that Phil Parker talked with
·6· · · · · · ·"MR. PARKER:· Okay. ·6· ·you at some point.· Did you talk with Kirk Ferentz
·7· · · · · · ·"MR. FERENTZ:· You've done a good job ·7· ·the same day you talked with Phil Parker, if you
·8· ·(inaudible).· And I'm sorry it hasn't worked out. ·8· ·know?
·9· ·Just like I'm sorry -- you know, we didn't recruit ·9· · · · A.· ·I don't believe so.
10· ·Ryan Ward to come here -- he's a scholarship player 10· · · · Q.· ·I'm sorry.· You said you believe so?
11· ·too.· We didn't recruit him to sit on the bench.· We 11· · · · A.· ·I do not believe so.
12· ·didn't recruit Anthony to sit on the bench.· But if 12· · · · Q.· ·All right.· So you think there were a few
13· ·you look around, that's part of the reality of 13· ·days between the meeting with Kirk Ferentz and the
14· ·college football, and, you know, I'm sorry about 14· ·incident on the practice field?
15· ·that.· That's the way it goes. 15· · · · A.· ·The Phil Parker incident -- the practice
16· · · · · · ·"MR. PARKER:· Yeah. 16· ·field incident and Phil Parker was on the same day.
17· · · · · · ·"MR. FERENTZ:· Okay.· So not always 17· ·Phil Parker came to speak with me after practice,
18· ·somebody's fault.· All right? 18· ·after he saw the incident.
19· · · · · · ·"MR. PARKER:· Okay. 19· · · · Q.· ·And then to the best of your recollection,
20· · · · · · ·"MR. FERENTZ:· Big picture, again, 20· ·it was some few days or several days after that date
21· ·(inaudible).· You've got your degree.· You're in 21· ·of the incident that you talked with Kirk Ferentz?
22· ·good shape academically.· You've done a good job 22· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
23· ·away from the school.· Okay?· If you haven't, then I 23· ·the testimony.· No such testimony was offered.
24· ·sure as shit don't know about it.· So -- 24· · · · Q.· ·(By Mr. Stone)· If you know, Mr. Parker.
25· · · · · · ·"MR. PARKER:· Uh-huh. 25· ·Can you give us your best estimate, please.· That's
Page 27 Page 29
·1· · · · · · ·"MR. FERENTZ:· -- you know, those are the ·1· ·what I'm looking for.
·2· ·two things I worry about the most with anybody, ·2· · · · A.· ·It was in the first -- my best estimate,
·3· ·scholarship, walk-ons, and all that. ·3· ·it was in the first two days or three days after the
·4· · · · · · ·"MR. PARKER:· Okay. ·4· ·incident with Brian Ferentz.· But I do not recall
·5· · · · · · ·"MR. FERENTZ:· Okay? ·5· ·the exact date.
·6· · · · · · ·"MR. PARKER:· Yep. ·6· · · · Q.· ·Is it correct that you recorded the entire
·7· · · · · · ·"MR. FERENTZ:· So -- all right. ·7· ·meeting with Kirk Ferentz, and we just listened to
·8· ·(Inaudible.)· Let me know. ·8· ·the entire meeting?
·9· · · · · · ·"MR. PARKER:· Okay." ·9· · · · A.· ·That is correct.
10· · · · · · ·(Video ends.) 10· · · · Q.· ·And the video actually shows you entering
11· · · · · · ·MR. STONE:· Thank you. 11· ·the meeting and shows the floor of his office and
12· · · · Q.· ·(By Mr. Stone)· Mr. Parker, is Exhibit 40 12· ·shows you exiting the meeting and shows the floor of
13· ·a recording of a meeting that you had with Kirk 13· ·his office again; correct?
14· ·Ferentz, and the recording is one that you made? 14· · · · A.· ·Correct.
15· · · · A.· ·Yes, it is. 15· · · · Q.· ·You knew the meeting was being recorded;
16· · · · Q.· ·Do you know when that meeting occurred 16· ·correct?
17· ·with Mr. Kirk Ferentz? 17· · · · A.· ·Correct.
18· · · · A.· ·I do not recall the exact date. 18· · · · Q.· ·Did Kirk Ferentz know the meeting was
19· · · · Q.· ·Do you know, was it the day of the 19· ·being recorded?
20· ·practice incident that you have described in your 20· · · · A.· ·I don't recall.
21· ·answers to interrogatories, if you know? 21· · · · Q.· ·Did you hear you tell him at any time that
22· · · · A.· ·I do not recall. 22· ·the meeting was being recorded?
23· · · · Q.· ·Can you tell where the meeting was held by 23· · · · A.· ·I did not.
24· ·the video? 24· · · · Q.· ·Before the meeting, did you tell Kirk
25· · · · A.· ·Yes. 25· ·Ferentz you were going to record the meeting?

App. 225
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·1· ·catch what -- ·1· · · · · · ·(Video begins.)
·2· · · · A.· ·I said -- I said that the practice grew ·2· · · · Q.· ·(By Mr. Stone)· Can you see this,
·3· ·silent.· So Brian Ferentz's incident was very loud, ·3· ·Mr. Parker?
·4· ·very vulgar, and everyone was able to hear the ·4· · · · A.· ·I can.
·5· ·incident, especially if you were fairly close. ·5· · · · · · ·(Video ends.)
·6· · · · Q.· ·In the answer to Interrogatory No. 10 ·6· · · · · · ·MR. STONE:· Thank you.
·7· ·after that sentence, it says that "Kirk Ferentz ·7· · · · Q.· ·(By Mr. Stone)· Was this the incident when
·8· ·pushed Plaintiff Parker out of the program" in what ·8· ·you tossed the ball to Brian Ferentz and told him to
·9· ·you believe was an attempt to protect his son, Brian ·9· ·do it himself or words to that effect?
10· ·Ferentz.· You had played only a couple of downs in 10· · · · A.· ·Yes.
11· ·the year 2016; correct? 11· · · · Q.· ·If I indicated to you that the date of
12· · · · A.· ·I'm not sure the year, but I did only play 12· ·that video was December 19th, 2016, does that seem
13· ·a couple of downs. 13· ·correct to you?
14· · · · Q.· ·But you played a couple of downs in the 14· · · · A.· ·December is usually around the time where
15· ·Purdue game in 2016; is that correct? 15· ·we have bowl game prep, and considering that was my
16· · · · A.· ·That's correct. 16· ·last season, that sounds around the time frame.
17· · · · Q.· ·Did you play in any other game? 17· · · · Q.· ·You went to the Outback Bowl in Tampa on
18· · · · A.· ·I played in the Indiana game.· I played in 18· ·January 2nd of 2017; correct?
19· ·the University of Northern Iowa game.· I played -- I 19· · · · A.· ·Was our opponent the Florida Gators?
20· ·played in a couple of games.· Not sure the amount of 20· · · · Q.· ·I believe so, Mr. Parker.
21· ·downs, but there was a few games that I played in. 21· · · · A.· ·Then that is correct.
22· · · · Q.· ·Did you believe you would play more in the 22· · · · · · ·MR. STONE:· Katie, can you put up
23· ·year 2017? 23· ·Exhibit 2, which is the first amended complaint, and
24· · · · A.· ·I -- it depend -- I'm not sure.· I was 24· ·turn to Paragraph 140.· It would be in Mr. Aaron
25· ·always hopeful to play more, but depending on the 25· ·Mends' deposition exhibits, Exhibit 2.
Page 51 Page 53
·1· ·time frame of 2017 -- obviously, because I left, I'm ·1· · · · · · ·Do you want me to find it?· I can probably
·2· ·not sure of what I felt or when I felt it. ·2· ·find it.· Yep.
·3· · · · Q.· ·Do you recall who recruited you primarily? ·3· · · · Q.· ·(By Mr. Stone)· I'm going to share my
·4· · · · A.· ·Yes.· Eric Johnson. ·4· ·screen, Mr. Parker.
·5· · · · Q.· ·You were cleared medically to play at the ·5· · · · A.· ·Okay.
·6· ·time of the Purdue game in 2016; correct?· Because ·6· · · · Q.· ·Do you have before you now the first
·7· ·you got into that game; is that right? ·7· ·amended complaint?
·8· · · · A.· ·I'm not sure the time frame of my injury ·8· · · · · · ·Can you see it on the screen, Mr. Parker?
·9· ·and being cleared. ·9· · · · A.· ·I can see it.
10· · · · Q.· ·Were there times in 2016, after the Purdue 10· · · · Q.· ·All right.· I want to turn your attention
11· ·game, when you were cleared medically to play when 11· ·to Paragraph 140.· Do you see in Paragraph 140
12· ·you did not play in other games that year? 12· ·you -- the complaint alleges "Brian Ferentz kicked a
13· · · · A.· ·Well, what is this medical issue that you 13· ·garbage can and exclaimed in front of all the
14· ·are speaking about? 14· ·players and coaches, 'Only a dumbass black player
15· · · · Q.· ·Well, did you get injured in July of 2016 15· ·would do it like that'"?
16· ·that caused you to miss the early part of the 16· · · · A.· ·Yes, I see that.
17· ·season? 17· · · · · · ·MR. STONE:· Let's go back to Exhibit 34,
18· · · · A.· ·Yes. 18· ·Katie.· And would you run Exhibit 34 one more time
19· · · · Q.· ·You injured your foot; is that correct? 19· ·for Mr. Parker.
20· · · · A.· ·That's correct. 20· · · · Q.· ·(By Mr. Stone)· And, Mr. Parker, can you
21· · · · Q.· ·And do you know when you were medically 21· ·identify the garbage can that the complaint refers
22· ·cleared? 22· ·to?
23· · · · A.· ·I do not recall. 23· · · · · · ·MR. STONE:· I need to stop sharing.
24· · · · · · ·MR. STONE:· Katie, can you play for us, 24· ·Excuse me.· There you go.
25· ·please, Exhibit 34, which is a video without sound. 25· · · · · · ·(Video is played.)

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·1· · · · Q.· ·(By Mr. Stone)· Mr. Parker, did you see ·1· ·cans in that facility.· I remember being kicked out
·2· ·Mr. Ferentz -- Brian Ferentz kicking any garbage can ·2· ·by Brian Ferentz.· So if my memory serves me
·3· ·in that video? ·3· ·correctly, Brian Ferentz kicked over one of those
·4· · · · A.· ·In that video I did not see him kick the ·4· ·trash cans that I see in that video or that was
·5· ·garbage can. ·5· ·along the side of the indoor facility.
·6· · · · · · ·MR. STONE:· Katie, would you put the ·6· · · · Q.· ·Did he, to the best of your
·7· ·interrogatory answers, which are Exhibit 41, back on ·7· ·recollection -- just one more question on this
·8· ·the screen.· And turn to Interrogatory No. 10, ·8· ·garbage can matter.· Did he kick the garbage can, as
·9· ·please. ·9· ·you recall it, after he kicked you out of practice
10· · · · · · ·The second -- no, that's fine.· The first 10· ·and after you were walking along?
11· ·page of the answers to Interrogatory No. 9 -- or 11· · · · A.· ·I cannot recall exactly.· But Brian
12· ·excuse me -- Interrogatory No. 10 is what I want. 12· ·Ferentz, he had a thing for trash cans.· He kicked
13· ·Thank you.· All right. 13· ·over trash cans in other incidents when he was very,
14· · · · · · ·MR. DENNIE:· Counsel, after you're done 14· ·I guess, upset, as you would say.· He kicked over
15· ·with this line -- we've been going about an hour -- 15· ·other trash cans different instances.
16· ·can we take a restroom break? 16· · · · · · ·And at that time, after being disrespected
17· · · · · · ·MR. STONE:· Sure.· I'll finish up this 17· ·and called out my name, called a racial slur, I was
18· ·question, and then we can do that. 18· ·afraid.· I was very afraid.· I was scared.· I didn't
19· · · · · · ·MR. DENNIE:· Yeah.· I mean, yeah, go 19· ·know what to do.· My position coach wasn't, you
20· ·ahead.· I'm not trying to cut you off.· I just want 20· ·know, saying anything.· I didn't -- I felt alone by
21· ·to -- 21· ·someone who's supposed to be there to guide and help
22· · · · · · ·MR. STONE:· No, that's fine.· Appreciate 22· ·me.· So everything became, like, a blur.
23· ·it.· Thank you. 23· · · · · · ·I don't know if you've ever been, like, in
24· · · · Q.· ·(By Mr. Stone)· In Interrogatory No. 10, 24· ·a stressful situation where things are just thrown
25· ·in the eighth line down, Mr. Parker, you state that 25· ·on you, but everything becomes a blur.· All's you
Page 55 Page 57
·1· ·"Brian Ferentz threw the football, kicked over a ·1· ·can remember is that and that, and everything is
·2· ·trash can, started yelling louder, and grew red in ·2· ·merging together.· You know, you got to understand,
·3· ·the face." ·3· ·like, even -- you can see in that video, as he
·4· · · · · · ·Did you see any trash can that Brian ·4· ·approached me when he was upset with me, you see me
·5· ·Ferentz kicked over? ·5· ·kind of stepping back.· I really thought that he was
·6· · · · A.· ·In that video I did not see a trash can ·6· ·going to hit me, you know.· And maybe if it wasn't
·7· ·that Brian Ferentz kicked over at that time. ·7· ·for Josh Jackson coming over and, you know, telling
·8· ·However, I did notice there were two trash cans in ·8· ·me, you know, it's okay, to not worry about it,
·9· ·the back of the end zone, one on the left and one on ·9· ·maybe Brian Ferentz would have hit me.· I was
10· ·the right.· And one thing I did notice also was that 10· ·that -- like, I was that scared.· I was that afraid,
11· ·in that video angle I went to the sideline and stood 11· ·you know.
12· ·there with my helmet off.· But I also recall being 12· · · · · · ·So I don't think it's a matter of him
13· ·kicked out of the practice by Brian Ferentz. 13· ·actually kicking a trash can, because everything
14· · · · · · ·So if my memory serves me correctly, when 14· ·merged together.· It was that intimidating of a
15· ·Brian Ferentz kicked over the trash can, maybe it 15· ·situation.· It was.
16· ·was after the video that we're seeing here.· Because 16· · · · · · ·MR. STONE:· Why don't we take a break at
17· ·he was so upset that he said more to me and kicked 17· ·this time.· Let's take 10 minutes, and we'll resume
18· ·me out of the practice, and maybe then that's when 18· ·at 10:25 Central Time.· Thank you.· And could you
19· ·he kicked over the trash can. 19· ·put us in the break room, Jessi.· Thank you.
20· · · · · · ·You got to understand, though, this was so 20· · · · · · ·MR. DENNIE:· Thank you.
21· ·long ago, it's hard for me to -- I'm reliving, like, 21· · · · · · ·THE VIDEOGRAPHER:· Off the record at
22· ·an upsetting situation, an upsetting situation.· So 22· ·10:15 a.m.
23· ·it's hard for me to recall most of these things, and 23· · · · · · ·(A brief recess was taken.)
24· ·I'm trying to bring myself back to that light, and 24· · · · · · ·THE VIDEOGRAPHER:· On the record at
25· ·it's very difficult.· But there's plenty of trash 25· ·10:29 a.m.

App. 227
Page 62 Page 64
·1· ·fielding kickoffs; correct? ·1· · · · A.· ·That's correct.
·2· · · · A.· ·May you show me that. ·2· · · · Q.· ·Thank you.· And as far as you can recall,
·3· · · · Q.· ·Sure.· We'll look at -- ·3· ·Mr. Brian Ferentz never used the word "gang member"
·4· · · · · · ·MR. STONE:· Katie, if you'd put the answer ·4· ·or "What gang is he in?" or gang affiliation in
·5· ·to Interrogatory No. 9 up on the screen, if it's not ·5· ·relationship directly to you, did he?
·6· ·there.· I still see it. ·6· · · · · · ·MR. DENNIE:· Objection.· Assumes facts not
·7· · · · Q.· ·(By Mr. Stone)· It says, "After a long ·7· ·in evidence.· There has been no such question.
·8· ·session of fielding kickoffs, Brian Ferentz became ·8· · · · Q.· ·(By Mr. Stone)· It is a question,
·9· ·angered and called me a black dumbass in front of ·9· ·Mr. Parker.· Did Mr. Brian Ferentz ever say to you
10· ·the entire team."· Did I read that correctly? 10· ·that you were a gang member or ask you what gang you
11· · · · A.· ·You read that correctly. 11· ·were in or accuse you of being affiliated with a
12· · · · Q.· ·You don't state in your answer that Brian 12· ·gang?· Did he ever do words to that effect to you
13· ·Ferentz ever called you a black dumbass before this 13· ·directly?
14· ·incident that we viewed on the videotape, do you, 14· · · · A.· ·To me directly, no.· But he said it around
15· ·sir? 15· ·me.· He definitely said it around me, in which I
16· · · · A.· ·Are you speaking in general? 16· ·felt affected, because, like the other players that
17· · · · Q.· ·No.· I'm being very specific, sir. 17· ·he said it to, I'm black as well.· So if he's
18· · · · A.· ·Are you being -- are you talking about 18· ·talking about them, he's also talking about me.
19· ·this incident, and are you asking me have he called 19· · · · Q.· ·Can you tell -- I'm sorry.· I didn't mean
20· ·me a black dumbass before this incident? 20· ·to interrupt you.· Go ahead.
21· · · · Q.· ·That's my question, yes. 21· · · · · · ·MR. DENNIE:· Let him finish his answer,
22· · · · A.· ·Not where I heard it, no. 22· ·please.
23· · · · Q.· ·Okay.· So at least as far as you're able 23· · · · A.· ·Yeah.· So he -- he said it to other
24· ·to testify, this is the first time that Brian 24· ·players around me, but he never said it to me.· That
25· ·Ferentz allegedly ever called you a black dumbass? 25· ·was his first time calling me black dumbass.· He did
Page 63 Page 65
·1· · · · A.· ·That was the first time Brian Ferentz ever ·1· ·not -- yeah.· Yeah.
·2· ·made a racial slur, which was calling me a black ·2· · · · Q.· ·(By Mr. Stone)· What other players did he
·3· ·dumbass in my proximity.· But he said racial things ·3· ·use the word "gang" or gang affiliation or "What
·4· ·all the time, all the time.· This wasn't nothing ·4· ·gang is he in?" if you can tell me today as you sit
·5· ·new.· It just was new that he finally said it to me, ·5· ·here?
·6· ·finally. ·6· · · · A.· ·Did you ask about what other -- may you
·7· · · · Q.· ·All right.· And just to close the loop, he ·7· ·repeat the question.
·8· ·never called you a black dumbass after this incident ·8· · · · Q.· ·Yes, I'll try to restate it.· To what
·9· ·again, did he? ·9· ·other players did Brian Ferentz say words to the
10· · · · A.· ·No, not that I can recall. 10· ·effect of "What gang is he in?" or that he's
11· · · · Q.· ·Brian Ferentz did not call you the N-word, 11· ·affiliated with a gang or he's a gang member, if you
12· ·did he? 12· ·can tell me?
13· · · · A.· ·How's that any different from using "black 13· · · · A.· ·I cannot remember the exact players, nor
14· ·dumbass," though? 14· ·the time.· However, it was so ongoing.· And
15· · · · Q.· ·Well, it's a different word, and I'm -- my 15· ·sometimes he would try to make it as if it was a
16· ·question to you is if he used the N-word to you. 16· ·joke, but everyone know what he really meant.· It
17· · · · A.· ·He did not use the N-word.· But that's 17· ·was -- it was common.· So it's hard to say what
18· ·still -- calling someone black and calling someone 18· ·instance, when it was so common.
19· ·the N-word is still talking about someone's ethnic 19· · · · Q.· ·Did he use the word "stupid MF"?· And I'm
20· ·group, so to say, you know. 20· ·assuming you know what the initials MF stands for,
21· · · · Q.· ·And, Mr. Parker, I don't -- I'm not trying 21· ·Mr. Parker.· Did he use the term "stupid MF"
22· ·to be confusing.· I'm just trying to get some facts 22· ·directed to you --
23· ·of record here.· And one of the facts that you can 23· · · · A.· ·Yes.
24· ·tell us is that he never used the N-word directed at 24· · · · Q.· ·-- personally?
25· ·you.· That's true; correct? 25· · · · · · ·On what occasion?

App. 228
Page 66 Page 68
·1· · · · A.· ·During an incident in our indoor practice ·1· ·those two for -- for sure.· I can't recall any
·2· ·facility, he called me a stupid MF.· He said, "Only ·2· ·others at this time.
·3· ·a dumb black ass MF" -- MF was one of his go-to ·3· · · · Q.· ·Is there any other name or derogatory term
·4· ·words that -- calling someone an MF, saying FU, and ·4· ·that you believe Brian Ferentz used directly to you
·5· ·saying -- and saying -- "dumbass," "MF," and "fuck ·5· ·that we have not covered yet?
·6· ·you" was Brian Ferentz's go-to words all the time, ·6· · · · A.· ·Outside calling me a black dumbass, saying
·7· ·all the time. ·7· ·"fuck you," and calling me a motherfucker, I do not
·8· · · · Q.· ·And just so that I'm clear, Mr. Parker, he ·8· ·recall any others at this present time.
·9· ·used those words during the incident that we saw on ·9· · · · Q.· ·When you tossed the ball to Brian Ferentz
10· ·the videotape?· Is that your testimony? 10· ·in the end zone on the video that we viewed, did you
11· · · · A.· ·That is my testimony. 11· ·use any profanity or any language?
12· · · · Q.· ·At any time prior to the incident that we 12· · · · A.· ·No, I did not.
13· ·viewed on the videotape of December 19th of 2016, 13· · · · Q.· ·After you said to him words to the effect
14· ·did he ever use the words "stupid MF" directly to 14· ·that he should do the drill himself, is that when he
15· ·you that you can recall? 15· ·kicked you out of practice?
16· · · · A.· ·Actually he did use the word "stupid MF." 16· · · · A.· ·That is correct.
17· ·We were practicing one time, and I didn't get a 17· · · · · · ·(Mr. Kirk Ferentz entered the deposition.)
18· ·certain play the correct way at that time, and he 18· · · · Q.· ·(By Mr. Stone)· And then in the video you
19· ·walked off saying "stupid motherfucker."· He -- he's 19· ·saw that you were -- let me stop a second.
20· ·notorious for this.· He's actually done it to Akrum 20· · · · · · ·MR. STONE:· I notice that Mr. Kirk Ferentz
21· ·Wadley as well. 21· ·has joined us.· So, Mr. Braithwaite, we only are
22· · · · Q.· ·Do you know when that other incident 22· ·entitled to have one representative.· So I need to
23· ·occurred, Mr. Parker, where he used the phrase 23· ·ask you to log off, please.· Thank you.
24· ·"stupid MF"? 24· · · · · · ·(Mr. Raimond Braithwaite exited the
25· · · · A.· ·I do not remember the exact date. 25· ·deposition.)
Page 67 Page 69
·1· · · · Q.· ·Did Brian Ferentz ever use the words ·1· · · · Q.· ·(By Mr. Stone)· And, Mr. Parker, you began
·2· ·directly to you of "go back to the ghetto" or words ·2· ·to walk off, and you removed your helmet and walked
·3· ·to that effect? ·3· ·through the end zone to the sideline after you had
·4· · · · · · ·REPORTER:· Mr. Stone, I didn't catch the ·4· ·been kicked out of practice; is that fair to say?
·5· ·name at the beginning. ·5· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
·6· · · · · · ·MR. STONE:· Sorry.· Did -- I'll repeat the ·6· ·the testimony.
·7· ·question. ·7· · · · Q.· ·(By Mr. Stone)· Why don't you tell me what
·8· · · · Q.· ·(By Mr. Stone)· Mr. Parker, did Brian ·8· ·you recall you did after you were kicked out of
·9· ·Ferentz ever use the words "go back to the ghetto" ·9· ·practice, Mr. Parker.
10· ·or words to that effect to you directly? 10· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
11· · · · A.· ·Not directly to me.· But around me, he 11· ·the testimony with that question.
12· ·has. 12· · · · Q.· ·(By Mr. Stone)· Did you understand the
13· · · · Q.· ·And who did he say those ... 13· ·question, Mr. Parker?
14· · · · A.· ·I'm sorry.· You cut out at the end. 14· · · · A.· ·Will you repeat.
15· ·You're muted or I can't hear you. 15· · · · Q.· ·Sure.· What did you do after you were
16· · · · · · ·MR. DENNIE:· Mr. Stone, you're on mute. 16· ·kicked out of practice, Mr. Parker?
17· · · · · · ·MR. STONE:· Katie, I think we're done with 17· · · · A.· ·I went to the locker room and sat in the
18· ·Interrogatory No. 9 at this time.· We may go back to 18· ·locker room and my locker contemplating what just
19· ·it if we need to. 19· ·happened, taking in all the different emotions I was
20· · · · Q.· ·(By Mr. Stone)· Mr. Parker, I was meaning 20· ·feeling at the time.· And then that's when Phil
21· ·to ask you about the identity of the players to whom 21· ·Parker came in.· I'm assuming practice was done.
22· ·you believe Brian Ferentz used the phrase "go back 22· ·Because not long after Phil Parker came in, a bunch
23· ·to the ghetto" or words to that effect.· Can you 23· ·of other players started to come in the locker room.
24· ·identify any players for me? 24· ·But that's when Phil Parker came in and told me,
25· · · · A.· ·Derrick Mitchell, Akrum Wadley.· I know 25· ·"Hey, I saw what happened, and I understand it

App. 229
Page 74 Page 76
·1· ·what you had said and the events leading up to you ·1· ·having any recordings.· So I'm not sure.
·2· ·being kicked out of practice, when you traveled to ·2· · · · Q.· ·Is there any email or document or
·3· ·Tampa for the Outback Bowl? ·3· ·recording or any paper that shows that you actually
·4· · · · A.· ·I apologized to Brian Ferentz when we were ·4· ·complained of any racial discrimination in the
·5· ·in Tampa.· That's correct. ·5· ·program at any time before George Floyd's death, if
·6· · · · Q.· ·What did you say? ·6· ·you know?
·7· · · · A.· ·I do not recall word for word.· But I know ·7· · · · A.· ·May you repeat the question, please.
·8· ·I apologized for the situation and specifically ·8· · · · · · ·MR. STONE:· I'll ask the reporter to read
·9· ·tossing the ball at him.· But I received no apology ·9· ·it back.· Thank you.
10· ·back, no. 10· · · · · · ·(The pending question was read by the
11· · · · Q.· ·What did he say to you? 11· ·reporter.)
12· · · · A.· ·He smiled and said, "It's okay.· It's all 12· · · · · · ·MR. DENNIE:· Objection.· Compound.
13· ·right.· I understand." 13· ·Multifarious.
14· · · · Q.· ·Was anyone else present during your 14· · · · · · ·You can answer if you can.
15· ·apology to Brian Ferentz? 15· · · · A.· ·I'm not -- I do know that the University
16· · · · A.· ·I don't recall who was around.· Because 16· ·of Iowa -- or the coaching -- athletic staff did a
17· ·you got to understand all -- I'm going to apologize, 17· ·bunch of secretly -- secret things where they would
18· ·something I did not really want to do.· I'm still 18· ·record things and -- you know, whether that was
19· ·kind of on guard.· I'm still afraid by how his body 19· ·videos, handwritten things.· So I'm not sure.
20· ·language was during the incident and by the things 20· ·However, I did speak with a therapist at the
21· ·that he said.· So I'm apologizing, but I'm still 21· ·University and spoke these matters to her.· So at
22· ·kind of on guard.· Because I don't know if this 22· ·the extent of how her job operates, maybe she has
23· ·coach, so to say, is about to attack me with -- you 23· ·some.· I did have an instance where I spoke with
24· ·know, physically or verbally again. 24· ·Bobby Kennedy about the racism that was going on
25· · · · · · ·So again, as I mentioned in my previous 25· ·within the program.· So I don't know if he wrote
Page 75 Page 77
·1· ·statement about the incident, everything -- ·1· ·anything down or how any of that was translated.
·2· ·everything else is a blur.· I'm simply focused on ·2· ·But I did speak with two people that I can remember
·3· ·Brian Ferentz. ·3· ·at this point in time verbally about racial
·4· · · · Q.· ·I think what I tried to ask you, ·4· ·incidents.
·5· ·Mr. Parker, is if you can recall whether anyone else ·5· · · · Q.· ·(By Mr. Stone)· Who was the counselor that
·6· ·was present.· Can you recall if anyone was present ·6· ·you spoke to, Mr. Parker, that you discussed your
·7· ·during your apology to Coach Ferentz? ·7· ·statements or allegations of racism?
·8· · · · A.· ·I cannot recall. ·8· · · · A.· ·Unfortunately, I'm not -- I cannot
·9· · · · · · ·MR. DENNIE:· Objection.· Asked and ·9· ·remember her name at this time.· But I do know that
10· ·answered. 10· ·me and her relationship was not long for the simple
11· · · · Q.· ·(By Mr. Stone)· How long did the 11· ·reason, as I stated earlier, there is nothing that
12· ·conversation between you and Brian Ferentz last, if 12· ·Kirk Ferentz don't know about.
13· ·you know? 13· · · · · · ·He came up to me, saying that he heard
14· · · · A.· ·Very short. 14· ·that I spoke with the therapist on matters of racism
15· · · · Q.· ·Have you made any other recordings of any 15· ·and also just the football atmosphere in general,
16· ·meetings with players or coaches or former players 16· ·and he wasn't happy about that.· And like any other
17· ·of the Iowa football team, other than the one we 17· ·black player, you know, KF -- Kirk Ferentz knows a
18· ·listened to earlier with Coach Kirk Ferentz? 18· ·lot of things, and if he's coming to you about a
19· · · · A.· ·Not that I can recall at this time. 19· ·certain matter, then it's best that you leave that
20· · · · Q.· ·Do you know if anyone else has recorded 20· ·matter alone.· So me and her relationship was very
21· ·any meetings or meetings with the coaches or Coach 21· ·short because of that.
22· ·Kirk Ferentz, Coach Brian Ferentz, or Coach Chris 22· · · · Q.· ·So when did Kirk Ferentz talk to you about
23· ·Doyle? 23· ·your conversation with a therapist?
24· · · · A.· ·I'm not sure.· That's not anything I spoke 24· · · · A.· ·I do not recall the year, but we were at
25· ·about to -- with any other teammates about them 25· ·practice.· Practice was just getting ready to begin,

App. 230
Page 78 Page 80
·1· ·and he walked up to me and he said, "I know that ·1· ·Objection.· Counsel is testifying.
·2· ·you've been meeting with the therapist.· How is that ·2· · · · Q.· ·(By Mr. Stone)· Can you answer the
·3· ·going?· Oh, good?· Yeah, she told me that you ·3· ·question, Mr. Parker?
·4· ·mentioned racism going on in the program or you ·4· · · · A.· ·Kirk Ferentz met with me, I would say, no
·5· ·mentioned that you're not happy with football right ·5· ·more than a week after my meeting with the
·6· ·now."· And that was -- I don't remember exact date, ·6· ·therapist.· Whether it was prior to the July date
·7· ·but we were at practice. ·7· ·that you listed, I do not recall.
·8· · · · Q.· ·Do you remember the name Carmen Tebbe? ·8· · · · Q.· ·Do you recall Robert T. Green?
·9· ·Does that name ring any bells to you? ·9· · · · A.· ·May you repeat that.
10· · · · A.· ·It sounds familiar. 10· · · · Q.· ·Do you know a gentleman whose name is
11· · · · Q.· ·Do you know if that person was a person 11· ·Robert T. Green?
12· ·that you had visited with or spoken with? 12· · · · A.· ·I know of Robert T. Green.
13· · · · A.· ·I do not recall. 13· · · · Q.· ·Have you had any conversations with him?
14· · · · Q.· ·Can you tell me what year of your career 14· · · · A.· ·I have not.
15· ·at Iowa that you sought to do any visiting with a 15· · · · Q.· ·Have you had any email contact or any
16· ·counselor, if you can recall? 16· ·written communication with Mr. Robert T. Green?
17· · · · A.· ·I do not recall the exact year. 17· · · · A.· ·I have not.
18· · · · Q.· ·Do you know if it was the same season as 18· · · · Q.· ·Does he have any contract or agreement or
19· ·when you had your foot injury, or do you know 19· ·arrangement with you, if you know?
20· ·whether it was before your foot injury, if you know? 20· · · · A.· ·I do not recall.
21· · · · A.· ·It was prior to my foot injury. 21· · · · Q.· ·I'm sorry.· You said you don't recall?
22· · · · Q.· ·I believe the records I have seen indicate 22· · · · A.· ·I don't recall making any type of contract
23· ·that you have suffered a foot injury about July 28th 23· ·or agreement with Robert T. Green.
24· ·of 2016.· Is that consistent with your recollection? 24· · · · Q.· ·Do you know how you got in touch with him,
25· · · · A.· ·2016, July?· I believe you stated this 25· ·if you did?
Page 79 Page 81
·1· ·earlier.· That's around the time frame. ·1· · · · · · ·MR. DENNIE:· Objection.· Counsel's
·2· · · · Q.· ·Does that date help you place when you ·2· ·attempting to testify again.· If you want to be
·3· ·talked with any counselor? ·3· ·sworn in and get under oath, let's go ahead and do
·4· · · · A.· ·It does not. ·4· ·that.· But just ask him questions.· He's not
·5· · · · Q.· ·Did Kirk Ferentz's visit with you about ·5· ·indicated he was in contact.· So I'm going to object
·6· ·you seeing a counselor also occur prior to July 28th ·6· ·as mischaracterizing the testimony.· Move on.· Let's
·7· ·of 2016, if you can recall? ·7· ·ask good questions.· Let's go.
·8· · · · A.· ·You're asking was Kirk Ferentz's ·8· · · · Q.· ·(By Mr. Stone)· Did someone put you in
·9· ·incident -- was his meeting with me about the ·9· ·touch with Mr. Robert T. Green?
10· ·therapist prior to my foot injury? 10· · · · A.· ·I'm sorry.· But may you kind of tell me
11· · · · Q.· ·Well -- and I don't want to make this 11· ·who Robert T. Green is?
12· ·confusing.· I'm just trying to get your best 12· · · · Q.· ·Well, I believe he identifies himself as a
13· ·recollection, Mr. Parker.· I believe you've told me 13· ·players representative, and he had made some
14· ·that you talked with a counselor, and you believe it 14· ·statements or published some statements after George
15· ·was before your foot injury, which I believe we've 15· ·Floyd's death.· Does that ring any bells with you?
16· ·established was approximately July 28th of 2016. 16· · · · A.· ·I'm not big on social media.· So if he
17· ·And so then I want to pursue and see if you can 17· ·published some posts, I probably seen them, because
18· ·recall if your conversation with Mr. Ferentz that 18· ·someone probably sent them to me.· But I don't
19· ·you were telling us about, where he commented on 19· ·recall.· And you got to think, I was -- you know, a
20· ·your visit to a therapist, was also before that date 20· ·lot of people sending things to me after this whole
21· ·of July 28th of 2016, before your foot injury; is 21· ·ordeal broke out.· You know, I was getting death
22· ·that true? 22· ·threats.· I was getting a bunch of things from this
23· · · · · · ·MR. DENNIE:· Objection.· Compound. 23· ·whole ordeal.
24· ·Multifarious.· Objection.· Asked and answered. 24· · · · Q.· ·Well, let me turn back to the start of
25· ·Objection.· Mischaracterizes the testimony. 25· ·your educational experience at Iowa and your

App. 231
Page 102 Page 104
·1· · · · A.· ·I believe I was a starter on kickoff ·1· ·the end of 2016?
·2· ·return again for most of the year, but not -- yeah, ·2· · · · A.· ·Two depth chart?· What is --
·3· ·for most of the year. ·3· · · · Q.· ·Well --
·4· · · · Q.· ·Did something happen in 2015 that other ·4· · · · A.· ·What is that?
·5· ·people took over the kick returning ·5· · · · Q.· ·-- is there a depth chart for kick
·6· ·responsibilities? ·6· ·returners?
·7· · · · A.· ·Yes.· It was my -- it was my judgment in a ·7· · · · A.· ·Yes.· There's a depth chart for all
·8· ·bowl game -- I believe the bowl game incident when ·8· ·positions.
·9· ·we were going against Tennessee prompted me to not ·9· · · · Q.· ·Were Desmond King and Riley McCarron and
10· ·be the starting kickoff returner anymore and instead 10· ·Devonte Young ahead of you on the depth chart for
11· ·be the backup. 11· ·kick returners?
12· · · · Q.· ·And who became the starter?· Was that 12· · · · A.· ·I'm not sure.· The coaches would know
13· ·Desmond King? 13· ·that.· Again, you know, the coaches wasn't always
14· · · · A.· ·Yes. 14· ·honest about where a player was on the depth chart,
15· · · · Q.· ·Who else ran back kicks that year besides 15· ·and they didn't come openly and tell you where you
16· ·Desmond King? 16· ·were on the depth chart, unless you asked.· They
17· · · · A.· ·I don't recall. 17· ·also stated that we should never come and ask, and
18· · · · Q.· ·Was Riley McCarron a kick returner in that 18· ·we should just keep our head down and continue to
19· ·year, if you know? 19· ·work hard and not mention anything about the
20· · · · A.· ·Riley McCarron had a position on kickoff 20· ·coaches.
21· ·returns.· So if the ball was kicked to him, he could 21· · · · · · ·And as I stated earlier, I was one of
22· ·possibly return it, but I'm not sure.· I can't 22· ·those players who tried to refrain from doing
23· ·recall if he was a main returner. 23· ·anything that would upset the coaches.· So I never
24· · · · Q.· ·And then in the summer of 2016, you 24· ·asked, pretty much, anything about that.· Instead I
25· ·injured your foot so that you didn't play in several 25· ·tried to keep quiet and do my work.
Page 103 Page 105
·1· ·games at the start of the year 2016; correct? ·1· · · · · · ·So as far as knowing about a depth chart,
·2· · · · A.· ·May you repeat the question. ·2· ·I'm sure there's one, but I've never known where I
·3· · · · Q.· ·Do you recall that you injured your foot ·3· ·was on the depth chart.· And I don't believe the
·4· ·about July 28th of 2016 and did not compete in the ·4· ·depth charts are even true, because there was a
·5· ·first several games of 2016? ·5· ·point in time where I was a second backup receiver,
·6· · · · A.· ·That's correct. ·6· ·and the person that was in front of me got hurt.· So
·7· · · · Q.· ·Do you know how many games you missed in ·7· ·instead of me playing, which would have prompted me
·8· ·2016 due to your foot injury? ·8· ·to be the starter, they moved another white guy over
·9· · · · A.· ·I do not. ·9· ·into my position and moved everything around.
10· · · · Q.· ·When you came back, were you the starting 10· · · · Q.· ·Who did they move ahead of you in that
11· ·kick returner? 11· ·situation?
12· · · · A.· ·I was not. 12· · · · A.· ·Oh, they moved -- they moved Riley
13· · · · Q.· ·Did you play wide receiver in 2016? 13· ·McCarron over.· This was around the time Matt
14· · · · A.· ·After I injured my foot, I was a receiver 14· ·VandeBerg got hurt.· So they moved Riley McCarron
15· ·at the time.· So I came back and played receiver. 15· ·over, and they made other adjustments in the other
16· · · · Q.· ·Did you have surgery on your foot?· Do 16· ·receiver positions.
17· ·you -- 17· · · · Q.· ·And you thought you were better than Riley
18· · · · A.· ·I did. 18· ·McCarron?
19· · · · Q.· ·What was your specific injury to your 19· · · · A.· ·Me and Riley McCarron were two different
20· ·foot, if you can recall, Mr. Parker? 20· ·people.· You know, he was a talented player, but
21· · · · A.· ·Fractured my fifth metatarsal. 21· ·yeah, I believe if they would've gave me the
22· · · · Q.· ·In layman's terms is that, like, your big 22· ·opportunity to really showcase myself, then they
23· ·toe or your little toe, or is it just -- what? 23· ·would have known that.
24· · · · A.· ·Yeah.· It's your pinkie toe. 24· · · · · · ·I believe most of the black -- see, this
25· · · · Q.· ·Okay.· Were you on the two depth chart at 25· ·is the thing.· Most of the black players are more

App. 232
Page 110 Page 112
·1· ·time you were at the University of Iowa? ·1· · · · A.· ·I do not recall.· However, he made it
·2· · · · A.· ·I did. ·2· ·about other players.· And one thing that I tried to
·3· · · · Q.· ·Did you wear a necklace at the time you ·3· ·do, because I saw how they targeted us black
·4· ·were at the University of Iowa? ·4· ·players, is -- when I was walking into the football
·5· · · · A.· ·I did. ·5· ·facility, I tried to make sure I looked appropriate
·6· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·6· ·to their standards, whether that was taking out my
·7· ·you, or ridicule you directly because of your hair? ·7· ·earrings or tucking my chain in or making sure my
·8· · · · A.· ·He made a statement about my hair once ·8· ·hair was combed or taking my hat off or making sure
·9· ·before.· And that's when it was in -- it was ·9· ·my jeans was pulled up to my shoulder blades.
10· ·starting to get a little longer.· It was starting to 10· · · · Q.· ·(By Mr. Stone)· Did Brian Ferentz ever
11· ·get a little longer.· He asked how do I wear it like 11· ·mock, make fun of you, or ridicule you directly
12· ·that, how do I keep it up, you know, how do I take 12· ·about any jewelry you were wearing?
13· ·care of my hair.· And then I eventually cut my hair 13· · · · · · ·MR. DENNIE:· Objection.· Compound.
14· ·after that.· Yeah. 14· ·Multifarious.
15· · · · Q.· ·Did you answer him? 15· · · · A.· ·About my jewelry, no, I don't recall.· As
16· · · · A.· ·Yeah. 16· ·I've stated, I tried to refrain from being or
17· · · · Q.· ·What'd you tell him? 17· ·looking like anything that would make the coaches
18· · · · A.· ·So the way he tried to bring off his 18· ·upset with me.· So any time I entered the facility,
19· ·statement, I just told him, "Like, it's just a way 19· ·I would make sure all those things were not visible.
20· ·that I wear my hair.· I just wrap it at night, you 20· · · · Q.· ·(By Mr. Stone)· Did Brian Ferentz ever
21· ·know, and I just usually comb it out."· Yeah. 21· ·mock you or make fun of you or ridicule you about
22· · · · Q.· ·When did you have this conversation with 22· ·your diction or the way that you talked?
23· ·Brian Ferentz? 23· · · · · · ·MR. DENNIE:· Objection.· Compound.
24· · · · A.· ·I do not recall the exact time frame. 24· ·Multifarious.
25· · · · Q.· ·Can you recall whether it was when you 25· · · · A.· ·He would make a joke -- he made a joke to
Page 111 Page 113
·1· ·were a redshirt or when you were on the team ·1· ·me -- and I seen him do it multiple times, whether
·2· ·practicing or playing? ·2· ·he was making a joke or just being straight-up
·3· · · · A.· ·I was on the team.· As far as if I was ·3· ·serious -- about how I would pronounce a certain
·4· ·playing at the time, I don't think that -- I can't ·4· ·word or words, and he would ask, "How did you say
·5· ·recall that exactly, but I do remember in the ·5· ·that?· Can you say that again?"
·6· ·location.· It was downstairs by the equipment -- we ·6· · · · Q.· ·(By Mr. Stone)· Do you recall the words?
·7· ·called it, like, equipment office.· It was by the ·7· · · · A.· ·I would just have to be talking regular
·8· ·equipment office.· And I was just walking in the ·8· ·and ask me -- I don't recall exactly.
·9· ·building, and Brian Ferentz happened to be right ·9· · · · Q.· ·Do you recall any of the words that he
10· ·there, and he saw my hair, and that's when he made 10· ·asked you about how you pronounced them or the way
11· ·his comment. 11· ·you spoke?
12· · · · Q.· ·Can you tell us what year he made the 12· · · · A.· ·At this point in time, I can't recall the
13· ·comment? 13· ·exact word.
14· · · · A.· ·I cannot. 14· · · · Q.· ·Do you recall when these events or when
15· · · · Q.· ·Can you tell us whether it was before your 15· ·this conversation occurred with Brian Ferentz?· Was
16· ·foot injury or not? 16· ·it before your foot injury?
17· · · · A.· ·It was before my foot injury. 17· · · · · · ·MR. DENNIE:· Objection.· Compound.
18· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to 18· ·Multifarious.· Counsel, you're again testifying.
19· ·you about any tattoos? 19· ·Just ask him the question.
20· · · · A.· ·No, he did not. 20· · · · Q.· ·(By Mr. Stone)· That's a question,
21· · · · Q.· ·Did Mr. Brian Ferentz ever mock, make fun 21· ·Mr. Parker.· You may answer it.
22· ·of, or ridicule you about your clothing, if you can 22· · · · · · ·MR. DENNIE:· It was multiple questions.
23· ·recall? 23· ·So if you understand it.
24· · · · · · ·MR. DENNIE:· Objection.· Compound. 24· · · · A.· ·May you repeat the question.
25· ·Multifarious. 25· · · · Q.· ·(By Mr. Stone)· When did Brian Ferentz say

App. 233
Page 114 Page 116
·1· ·anything to you about the way that you spoke, if you ·1· · · · Q.· ·Do you know what season it was in?
·2· ·can recall, Mr. Parker? ·2· · · · A.· ·I do not recall.
·3· · · · A.· ·I don't recall the exact date and time. ·3· · · · Q.· ·Do you know when Derrick Mitchell
·4· · · · Q.· ·Can you be any more specific? ·4· ·transferred?
·5· · · · A.· ·Yes. ·5· · · · A.· ·I do not recall.
·6· · · · Q.· ·Go ahead. ·6· · · · Q.· ·Other than that incident that you've
·7· · · · A.· ·Tell you the location.· The location was ·7· ·relayed to us, are there any other incidents where
·8· ·downstairs in front of the equipment office.· I was ·8· ·you believe that Brian Ferentz said anything to you
·9· ·coming into the building, and Brian Ferentz saw me, ·9· ·about your diction?
10· ·and he noticed my hair, and that's when he made a 10· · · · A.· ·May you repeat that last word.
11· ·comment about how do I get my hair that way, how do 11· · · · Q.· ·Yes.· I'll try to reask the question,
12· ·I maintain it. 12· ·Mr. Parker.· Other than the one incident that you've
13· · · · Q.· ·Maybe my question wasn't clear, 13· ·talked to us about, do you recall any other
14· ·Mr. Parker.· I meant to ask you about the way you 14· ·incidents with Brian Ferentz when he spoke to you
15· ·were speaking and what Brian Ferentz said to you 15· ·about your diction or your pronunciation of words or
16· ·about the way you were speaking.· Do you recall that 16· ·the way in which you spoke?
17· ·incident? 17· · · · A.· ·With me personally, no.· But I observed
18· · · · A.· ·Oh, yeah.· It was after practice one day. 18· ·him speaking about other players on multiple
19· ·We were just walking.· I was talking to another 19· ·occasions.
20· ·teammate, and Brian Ferentz was walking along the 20· · · · Q.· ·Did Mr. Brian Ferentz ever mock you about
21· ·side of us.· And we were talking regular, and Brian 21· ·your diction or your pronunciation or the way that
22· ·Ferentz heard us talking, and I guess when I said 22· ·you spoke?
23· ·something, he asked about it, which was, "What is 23· · · · A.· ·He did.· But he made it a joke, asking can
24· ·that word you said?· How do you say that?· Where 24· ·he steal that word or borrow that word, how does he
25· ·does that come from?· Is that a slang term" -- or 25· ·sound when he say it.· To me, when he asked, "Is
Page 115 Page 117
·1· ·whatever.· "I never heard that.· Oh, that's ·1· ·that a slang term?" that's already offensive to me.
·2· ·interesting.· I should try using it.· Can I steal ·2· ·So that -- yes, he did.
·3· ·your word?· Can I have your word?"· It was things ·3· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
·4· ·like that. ·4· ·you about the way that you walked?
·5· · · · · · ·And again, he tried to make it into a joke ·5· · · · A.· ·No.
·6· ·oftentimes, but if you were black and not seeing him ·6· · · · Q.· ·Did he ever mock you about the way that
·7· ·do the same to white players, you instantly felt ·7· ·you walked?
·8· ·offended.· And this was every day.· So it's tough to ·8· · · · A.· ·No, not that I can recall.
·9· ·figure out -- to say what exact word it was, because ·9· · · · Q.· ·Did he ever make fun of the way that you
10· ·I'm having a normal, everyday conversation to me, 10· ·walked?
11· ·but to him it's different and interesting.· Yeah. 11· · · · A.· ·Not me personally, no.
12· · · · Q.· ·How many times did this occur with 12· · · · Q.· ·Did he ever ridicule you for the way that
13· ·Mr. Brian Ferentz, if you know? 13· ·you walked?
14· · · · A.· ·That's the only occasion I can remember 14· · · · A.· ·Not that I can recall.
15· ·where it was with me specifically.· But with other 15· · · · Q.· ·Were you on the players council or
16· ·players it was very common. 16· ·leadership council at any time, Mr. Parker?
17· · · · Q.· ·Do you know who the other player or 17· · · · A.· ·Are you speaking of the Hawkeye challenge,
18· ·players were that were with you at the time that 18· ·that we form a team and, you know, you have your, I
19· ·Brian Ferentz had this conversation with you about 19· ·guess, leaders or captains of the team?
20· ·the word you were describing? 20· · · · Q.· ·Do you know what the leadership council
21· · · · A.· ·Yeah.· It was me and Derrick Mitchell.· We 21· ·is, Mr. Parker?
22· ·were walking into the locker room and talking. 22· · · · A.· ·Yes.
23· · · · Q.· ·Can you be any more specific about when it 23· · · · Q.· ·Can you describe for me what the
24· ·occurred?· Was it prior to your foot injury again? 24· ·leadership council is.
25· · · · A.· ·This was prior to my foot injury. 25· · · · A.· ·The leadership council, from my

App. 234
Page 214 Page 216
·1· ·term or thing.· Yeah. ·1· · · · Q.· ·And you also admitted that you told Coach
·2· · · · Q.· ·Do you think -- now that Chris Doyle is ·2· ·Brian Ferentz in the end zone that he should try to
·3· ·gone from the program, do you think that the program ·3· ·do the drill himself or do the drill himself or
·4· ·has somehow magically been cleaned of its racist ·4· ·words to that effect; correct?
·5· ·practices, or do you think that those practices are ·5· · · · A.· ·Yes.
·6· ·ongoing? ·6· · · · Q.· ·And you admitted to Kirk Ferentz in the
·7· · · · A.· ·No.· I definitely think those practices ·7· ·meeting that you taped that you told Coach Brian
·8· ·are ongoing.· I think that the coaches may be a ·8· ·Ferentz to do the drill himself or try to do the
·9· ·little more cautious in their approach with ·9· ·drill himself; correct?
10· ·everything now and that they may be allowing some 10· · · · A.· ·Yes.
11· ·changes.· Like, I'm sure they probably have changed 11· · · · Q.· ·And it's also true that you did not use
12· ·the music in the weight room to finally allow, you 12· ·the word "race" at any time in your meeting with
13· ·know, black music to play in the weight room now. 13· ·Kirk Ferentz, did you?
14· ·I'm sure they're doing some things to show that 14· · · · A.· ·I didn't -- I did not.
15· ·they're doing change, but I don't believe there is 15· · · · Q.· ·And you did not use the words "racial
16· ·no real change going, for the simple fact that K -- 16· ·slur" at any time in your meeting with Kirk Ferentz
17· ·Kirk Ferentz orchestrated a lot of things.· A lot of 17· ·that you taped, did you?
18· ·things went under Kirk Ferentz.· He dished out a lot 18· · · · A.· ·I did not.
19· ·of things.· So whether that was with how Doyle was 19· · · · Q.· ·And you did not use the word "racial
20· ·handling players or anyone else, it was all the time 20· ·discrimination" or "racial bias" or any words like
21· ·sent down by Kirk Ferentz.· He's the head guy.· He's 21· ·that at all in the meeting that you had with Kirk
22· ·the head guy. 22· ·Ferentz that you video-recorded?
23· · · · Q.· ·In other words, Kirk Ferentz does not have 23· · · · A.· ·I -- being intimidated, I was seeing how
24· ·a blind spot on race? 24· ·Coach Ferentz was trying to take over the
25· · · · A.· ·He does not. 25· ·conversation.· And after knowing that Kirk Ferentz
Page 215 Page 217
·1· · · · · · ·MS. MATE-KODJO:· Okay.· Thank you, ·1· ·had just witnessed the incident, I did not feel the
·2· ·Jonathan.· Those are our questions. ·2· ·need to talk about myself in that manner again,
·3· · · · · · ·THE WITNESS:· Thank you. ·3· ·because he knew.
·4· · · · · · · · · ·FURTHER EXAMINATION ·4· · · · Q.· ·And it's also true that, in fact, you
·5· ·BY MR. STONE: ·5· ·didn't -- you didn't use the word "race" or "racial
·6· · · · Q.· ·Mr. Parker, I have a few follow-up. ·6· ·discrimination" or "racial epithet" or "racial slur"
·7· · · · · · ·We've looked at the video a couple of ·7· ·or anything when you went to talk to Kirk Ferentz
·8· ·times of the football drill on December 19th of ·8· ·about that meeting -- you did not use "race" or any
·9· ·2016; correct? ·9· ·connotation or any words related to race in any way,
10· · · · A.· ·Correct. 10· ·did you, sir?
11· · · · Q.· ·And it's your testimony that you did not 11· · · · · · ·MS. MATE-KODJO:· Asked and answered.
12· ·do the drill correctly; correct? 12· ·Compound.
13· · · · A.· ·I did not do the drill by their standards. 13· · · · Q.· ·(By Mr. Stone)· Go ahead and answer the
14· ·I did the drill correctly. 14· ·question.
15· · · · Q.· ·And you told Kirk Ferentz in the meeting 15· · · · A.· ·As I can recall.
16· ·on -- that's recorded by you on your phone that you 16· · · · Q.· ·Have you ever told another coach in your
17· ·did not do the drill correctly; correct? 17· ·career, of any kind, to go do the drill himself or
18· · · · A.· ·Correct. 18· ·he should try to do the drill himself, other than
19· · · · Q.· ·And you also saw the video, and you saw 19· ·the incident with Brian Ferentz?
20· ·that you tossed the ball to Brian Ferentz; correct? 20· · · · A.· ·I have, actually, yes.
21· · · · A.· ·Yes, I did. 21· · · · Q.· ·Was it at the collegiate level, or was it
22· · · · Q.· ·And you also told Kirk Ferentz in the 22· ·in your high school days?
23· ·meeting, where you went to talk to him about it, 23· · · · A.· ·No.· High school and younger days.
24· ·that you tossed the ball to Brian Ferentz; correct? 24· · · · Q.· ·Was it your testimony that Kirk Ferentz
25· · · · A.· ·Yes. 25· ·said you were dogging it?

App. 235

· · · · · · · · · SOUTHERN DISTRICT OF IOWA
·3
·4· ·- - - - - - - - - - - - - - -
· · ·AKRUM WADLEY; JONATHAN· · · ·:
·5· ·PARKER; MARCEL JOLY; AARON· ·:
· · ·MENDS; DARIAN COOPER; BRANDON:
·6· ·SIMON; and JAVON FOY,· · · · :
· · · · · · · · · · · · · · · · · :
·7· · · · · ·Plaintiffs,· · · · · :
· · · · · · · · · · · · · · · · · :
·8· ·vs.· · · · · · · · · · · · · : Case No. 4:20-cv-00366
· · · · · · · · · · · · · · · · · :
·9· ·UNIVERSITY OF IOWA, BOARD OF :
· · ·REGENTS FOR THE STATE OF· · ·:
10· ·IOWA; BRIAN FERENTZ; and· · ·:
· · ·CHRISTOPHER DOYLE,· · · · · ·:
11· · · · · · · · · · · · · · · · :
· · · · · · ·Defendants.· · · · · :
12· ·- - - - - - - - - - - - - - -
13
14
15· · · ·VIDEO-RECORDED DEPOSITION OF AKRUM WADLEY,
16· ·taken via Zoom by the Defendants, before Sonya M.
17· ·Wright, Certified Shorthand Reporter of the State of
18· ·Iowa, commencing at 9:00 a.m., Wednesday, May 18,
19· ·2022.
20
21
22
23
24
25· · · SONYA M. WRIGHT - CERTIFIED SHORTHAND REPORTER

App. 236
AKRUM WADLEY· 05/18/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · · · ·APPEARANCES ·1· · · · · · · · · · TABLE OF CONTENTS
·2· ·For the Plaintiffs: ·2· ·WITNESS:· AKRUM WADLEY· · · · · · · · · · · · · PAGE
· · ·(Appearing via Zoom) ·3· ·Examination By Mr. Stone ..........................6
·3 ·4· ·Examination By Mr. Solomon-Simmons ..............213
· · · · · BEATRIZ MATE-KODJO, ESQ. ·5· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·4· · · · BMK Law Firm, PLLC · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
· · · · · 1910 Washington Street, Suite 100 ·6
·5· · · · Pella, Iowa· 50219 ·7· ·45 - Wadley Answers to Interrogatories, 24 pages .42
·6· · · · DAMARIO SOLOMON-SIMMONS, ESQ. ·8· ·46 - 6/29/20 post, 4 pages ......................199
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·9· ·47 - 12/13/17 "Ferentz talks Pinstripe Bowl,"· ..198
·7· · · · Solomon-Simmons Law · · · · · 4 pages
· · · · · 601 South Boulder Avenue, Suite 600-A 10
·8· · · · Tulsa, Oklahoma· 74119 · · ·48 - Video clip ..................................54
·9· ·For Defendants Ferentz and University of Iowa: 11
· · ·(Appearing via Zoom) · · ·49 - Video clip ..................................62
10 12
· · · · · ROGER W. STONE, ESQ. · · ·51 - Video clip ..................................57
11· · · · KATIE NARVESON, ESQ. 13
· · · · · Simmons, Perrine, Moyer, Bergman, PLC
· · ·52 - Video clip ..................................59
12· · · · 115 Third Street SE, Suite 1200
· · · · · Cedar Rapids, Iowa· 52401
14
13 · · ·59 - 1/1/18 tweet ................................65
· · ·For Defendants: 15
14 · · ·62 - The Hawk Eye Bohenkamp Article 11/14/17 .....67
· · · · · JEFFREY C. PETERZALEK, ESQ. 16
15· · · · CHRISTOPHER DEIST, ESQ. · · ·REPORTER'S NOTE:
· · · · · Office of the Attorney General 17
16· · · · Assistant Attorney General · · ·Original exhibits marked and distributed
· · · · · Hoover State Office Building, Second Floor 18· ·electronically.· Exhibits 48, 49, 51, 52 are video
17· · · · 1305 East Walnut Street, Second Floor · · ·files and are not attached.
· · · · · Des Moines, Iowa 50319 19
18 · · ·Quoted text is as stated by the speaker
19· ·Videographer: 20· ·[phn] indicates a phonetic spelling
20· · · · AMY COOPER, Fidelity Video Services, Inc. · · ·[sic] indicates the text is as stated
21 21
22 22
23 23
24 24
25 25
Page 3 Page 5
·1· · · · · · · · ·APPEARANCES (continued) ·1· · · · · · ·VIDEOGRAPHER:· Today's date is May 18th,
·2· ·Also present: ·2· ·2022, and the approximate time is 9:02 a.m. Central
· · ·(via Zoom) ·3· ·Time.· This begins the video deposition of Akrum
·3 ·4· ·Wadley requested by the defense in the matter of
·4· · · · Darian Cooper, Plaintiff
·5· ·Akrum Wadley, et al., plaintiffs, versus University
· · · · · Jonathan Parker, Plaintiff
·5· · · · Marcel Joly, Plaintiff ·6· ·of Iowa, et al., defendants, in the United States
· · · · · Kirk Ferentz, University representative ·7· ·District Court for the Southern District of Iowa,
·6· · · · Christopher Doyle, Defendant ·8· ·Central Division, Case Number 4:20-cv-00366.
·7 ·9· · · · · · ·This deposition is being held via Zoom
·8 10· ·videoconference in remote locations.· My name is Amy
·9 11· ·Cooper, certified legal videographer of Fidelity
10 12· ·Video Services, Incorporated, West Des Moines, Iowa.
11
13· ·Counsel will please identify themselves for the
12
14· ·record.
13
14 15· · · · · · ·MR. STONE:· Roger Stone for the
15 16· ·defendants.
16 17· · · · · · ·MR. SOLOMON-SIMMONS:· Damario
17 18· ·Solomon-Simmons for the plaintiff.
18 19· · · · · · ·VIDEOGRAPHER:· All right.· The oath will
19 20· ·now be administered by Sonya Wright, certified
20 21· ·shorthand reporter of Susan Frye Court Reporting,
21
22· ·Des Moines, Iowa.
22
23 23· · · · · · ·COURT REPORTER:· Would you raise your
24 24· ·right hand, please.· Do you solemnly swear or affirm
25 25· ·that the testimony you're about to give will be the

App. 237
Page 6 Page 8
·1· ·truth, the whole truth, and nothing but the truth? ·1· ·between Seth Wallace and any members of any NFL
·2· · · · · · ·THE WITNESS:· Yes. ·2· ·coaching staffs?
·3· · · · · · · · · · · AKRUM WADLEY, ·3· · · · A.· ·No.
·4· ·called as a witness, having been first duly sworn, ·4· · · · Q.· ·What is the source of any information you
·5· ·testified under oath as follows: ·5· ·have about anything Seth Wallace may have said to
·6· · · · · · · · · · · ·EXAMINATION ·6· ·any NFL coaching staff?
·7· ·BY MR. STONE: ·7· · · · A.· ·I don't have any source.
·8· · · · Q.· ·Good morning, Mr. Wadley. ·8· · · · Q.· ·Do you have any information that Seth
·9· · · · A.· ·Good morning. ·9· ·Wallace said anything to NFL coaching staffs about
10· · · · Q.· ·Did you overhear any conversations between 10· ·you?
11· ·Brian Ferentz and members of NFL coaching staffs 11· · · · A.· ·No.
12· ·about you? 12· · · · Q.· ·Do you have information that anyone on the
13· · · · A.· ·No. 13· ·Iowa coaching staff said anything to NFL coaching
14· · · · Q.· ·Have you seen any written communications 14· ·staffs about you?
15· ·from Brian Ferentz to NFL coaching staffs about you? 15· · · · A.· ·No.
16· · · · A.· ·No. 16· · · · Q.· ·Do you have any written communications
17· · · · Q.· ·What, if any, is the source of any 17· ·that anyone from the Iowa coaching staff said
18· ·information you have about what Brian Ferentz may 18· ·anything to an NFL coaching staff in writing about
19· ·have said to NFL coaching staffs about you? 19· ·you?
20· · · · A.· ·Can you repeat the question? 20· · · · A.· ·Can you repeat that question?
21· · · · Q.· ·Yes.· What is the source of any 21· · · · Q.· ·Yes.· Do you have any information about
22· ·information that you may have about what Brian 22· ·any writings or emails or documents that any member
23· ·Ferentz may have said to NFL coaching staffs about 23· ·of the NFL -- that any member of the Iowa coaching
24· ·you? 24· ·staff said or gave to any member of an NFL coaching
25· · · · A.· ·I have no source of information. 25· ·staff?
Page 7 Page 9
·1· · · · Q.· ·Do you know whether Brian Ferentz said ·1· · · · A.· ·No.
·2· ·anything to NFL coaching staffs that tarnished your ·2· · · · Q.· ·Did the Iowa coaching staff, if you know,
·3· ·reputation or disparaged you in any way? ·3· ·tarnish your reputation with the NFL in any way?
·4· · · · A.· ·No. ·4· · · · A.· ·Can you repeat that question?
·5· · · · Q.· ·I want to ask you the same questions about ·5· · · · Q.· ·Yes.· Did the Iowa coaching staff tarnish
·6· ·Coach Chris Doyle.· Did you hear any conversations ·6· ·your reputation with the NFL coaching staffs in any
·7· ·between Coach Chris Doyle and NFL coaching staffs? ·7· ·way?
·8· · · · A.· ·No. ·8· · · · A.· ·Can you repeat that question again?
·9· · · · Q.· ·Did you see any written communications ·9· · · · Q.· ·Yes.
10· ·between Chris Doyle and any NFL coaching staffs? 10· · · · A.· ·I'm trying to figure out -- I'm not
11· · · · A.· ·No. 11· ·understanding what you're saying.· Do I have --
12· · · · Q.· ·What, if any, is the source of information 12· · · · Q.· ·That's okay.· If at any time you don't
13· ·that you have about Chris Doyle's communications 13· ·hear me or you don't get what I'm asking, just
14· ·with any NFL coaching staffs about you? 14· ·please, as you've done, ask me to repeat the
15· · · · A.· ·No.· None.· I have no source. 15· ·question or rephrase it and I'll be happy to do
16· · · · Q.· ·Do you have any information that Coach 16· ·that, Mr. Wadley.
17· ·Chris Doyle said anything to any NFL coaching staffs 17· · · · A.· ·Yes.· Can you rephrase that question?
18· ·about you? 18· · · · Q.· ·Yes.· My question is whether you have any
19· · · · A.· ·No. 19· ·information that the Iowa coaching staff said
20· · · · Q.· ·The same questions with respect to Seth 20· ·anything to any NFL coaching staffs about you, if
21· ·Wallace.· Did you hear any conversations between 21· ·you know.
22· ·Seth Wallace and any member of the NFL coaching 22· · · · A.· ·No.
23· ·staff? 23· · · · Q.· ·By your answer, I assume you don't know of
24· · · · A.· ·No. 24· ·any such communications.· Is that fair to say?
25· · · · Q.· ·Do you have any written communications 25· · · · A.· ·Yes.

App. 238
Page 10 Page 12
·1· · · · Q.· ·When you entered the NFL draft, that was ·1· · · · Q.· ·Yes.· Did anyone, a sponsor or someone
·2· ·in the spring of 2018, correct? ·2· ·associated with the NFL or your agent, promise you
·3· · · · A.· ·Yes. ·3· ·that you would get endorsements if you were drafted?
·4· · · · Q.· ·Did you consider that you would be a ·4· · · · A.· ·Yes.· They promised me that if I performed
·5· ·third-round pick? ·5· ·well in the combine and I run a fast time in the 40,
·6· · · · A.· ·Can you -- I mean, can you ask that ·6· ·then it would be like probably Nike or Adidas that
·7· ·question again? ·7· ·would reach out.· Yes.
·8· · · · Q.· ·Yes.· Was there a time before the NFL ·8· · · · Q.· ·It was a prospect or a hope?· Is that fair
·9· ·draft that you considered that you would be a ·9· ·to say?
10· ·third-round pick in the NFL draft? 10· · · · A.· ·That's fair to say.
11· · · · A.· ·That I considered that I would be a 11· · · · Q.· ·And it was dependent upon you being
12· ·third-round pick in the NFL draft when I came up? 12· ·drafted before you would get endorsements?· If you
13· · · · Q.· ·Yes. 13· ·were an undrafted free agent, you probably wouldn't
14· · · · A.· ·I was hoping to be a high pick in the 14· ·get endorsements until you made the team?· Is that
15· ·draft.· I didn't say -- I wouldn't say third round 15· ·fair to say?
16· ·in particular, but, you know, I prayed that I'd be a 16· · · · A.· ·That's fair to say.
17· ·high pick. 17· · · · Q.· ·Who communicated that to you, the --
18· · · · Q.· ·Did your prospects go down after the NFL 18· · · · A.· ·My agent.· My agent.
19· ·combine, if you know, Mr. Wadley? 19· · · · Q.· ·And what was your agent's name?
20· · · · A.· ·Can you ask that question again? 20· · · · A.· ·One second.· My agent's name was Bus Cook.
21· · · · Q.· ·Yes.· Did your performance in the NFL 21· · · · Q.· ·Did anyone from the Iowa coaching staff
22· ·combine -- did it cause your chances or prospects of 22· ·promise you anything if you were drafted?
23· ·being drafted to diminish in any way? 23· · · · A.· ·No.
24· · · · A.· ·I don't -- I don't understand what you're 24· · · · Q.· ·In your own words, Mr. Wadley, can you
25· ·asking.· I don't -- can you rephrase the question? 25· ·tell us why you think you were not drafted?
Page 11 Page 13
·1· · · · Q.· ·Yes, I can.· You participated in the NFL ·1· · · · A.· ·In my own words, can I tell you why -- can
·2· ·combine, correct? ·2· ·you ask that question again?
·3· · · · A.· ·Yes. ·3· · · · Q.· ·Yeah.
·4· · · · Q.· ·Did you perform as you expected you would ·4· · · · A.· ·Can you rephrase the question?
·5· ·or did you not perform as you hoped you would? ·5· · · · Q.· ·Yes.· Why do you think you were not
·6· · · · A.· ·I feel like I did pretty good at the ·6· ·drafted by one of the NFL teams in the spring of
·7· ·combine. ·7· ·2018?
·8· · · · · · ·(Jonathan Parker joined the deposition.) ·8· · · · A.· ·I don't know.· I don't know.· I put in the
·9· · · · Q.· ·Did your prospects with NFL teams diminish ·9· ·work, I prayed, and, you know, just didn't get
10· ·after the combine? 10· ·drafted.· No specific reason.
11· · · · A.· ·I wouldn't know.· I don't think so. 11· · · · Q.· ·Were you considered underweight by NFL
12· · · · Q.· ·I believe you indicated that you were 12· ·coaching staffs, if you know?
13· ·promised endorsements from the NFL advertisers or 13· · · · A.· ·I spoke -- when I was at the Senior Bowl,
14· ·sponsors or someone if you were drafted; is that 14· ·I spoke to a handful of coaches.· Some of them -- a
15· ·correct? 15· ·lot of them didn't speak about my weight.· Some of
16· · · · A.· ·Can you rephrase that question? 16· ·them did.· Some of them didn't.
17· · · · Q.· ·Yeah.· Did you believe or have reason to 17· · · · Q.· ·Were there concerns about fumbling or ball
18· ·believe that you would receive endorsements or an 18· ·security associated with you at the time of the
19· ·opportunity to endorse products for money if you 19· ·draft, if you know?
20· ·were drafted by an NFL team? 20· · · · A.· ·I don't know.· No.
21· · · · A.· ·Yes. 21· · · · Q.· ·Do you know who was drafted from the
22· · · · Q.· ·Did someone make promises to you that you 22· ·Big Ten the year that you were in the NFL draft, as
23· ·would receive such endorsements if you were drafted? 23· ·running backs?
24· · · · A.· ·Promises?· Can you, like, answer that -- 24· · · · A.· ·No.
25· ·ask that question again?· Promises like what? 25· · · · Q.· ·I'm only concerned about running backs.

App. 239
Page 30 Page 32
·1· · · · · · ·MR. SOLOMON-SIMMONS:· Akrum, for the ·1· ·meeting we had and he said that he would revoke my
·2· ·record, you have to articulate what you're saying ·2· ·meal privileges, I go to Pita Pit with a teammate of
·3· ·for the court reporter to transcribe it.· She can't ·3· ·mine.· We'd both been eating from the black card for
·4· ·transcribe that you're just showing a hand gesture. ·4· ·weeks, and his card -- his meal card swipes, goes
·5· · · · A.· ·Oh.· Well, when he stuck his middle ·5· ·through, and mine failed numerous of times.
·6· ·fingers up, it's like he was saying that I'm saying ·6· · · · Q.· ·And then after this one meal, you got a
·7· ·fuck the team, like I'm saying fuck the coaches, ·7· ·new black card number?
·8· ·fuck my teammates, and that's what he did.· That's ·8· · · · A.· ·Yes.· I had the -- I reached out -- I
·9· ·what it was.· That's what he said. ·9· ·reached out to -- I can't remember who exactly I
10· · · · Q.· ·(By Mr. Stone) He was upset that you 10· ·reached out to, but I had to walk into an office on
11· ·weren't gaining weight.· Is that fair to say? 11· ·one of the coaching staff floors, and they recreated
12· · · · A.· ·I don't know what he was upset about. 12· ·my whole profile or something like that or switched
13· · · · Q.· ·Did he think you were underweight at the 13· ·up some -- I don't know what they did, but I know
14· ·time of that meeting?· Is that a fair statement? 14· ·that they enabled it again.
15· · · · A.· ·Can you ask that again? 15· · · · Q.· ·Was that Mr. Paul Frederick or Mr. Ben
16· · · · Q.· ·Yeah.· Did you get words from Kirk Ferentz 16· ·Hansen that you communicated with?
17· ·that caused you to believe that he thought you were 17· · · · A.· ·I believe Ben Hansen.· Or Paul Frederick.
18· ·underweight or not making weight as he had expected 18· ·I don't recall the exact person, but it was someone
19· ·you to? 19· ·that was not a coach, and they handle that -- you
20· · · · A.· ·Can you ask that question again? 20· ·know, those type of things.
21· · · · Q.· ·Yes. 21· · · · Q.· ·And after you had missed one meal from not
22· · · · A.· ·Can you rephrase it? 22· ·being able to charge your black card, then things
23· · · · Q.· ·I will.· Did you understand that Kirk 23· ·were set back to where you could use your black card
24· ·Ferentz was wanting you to gain weight when he had 24· ·again?
25· ·this meeting with you in his office? 25· · · · A.· ·Yes.
Page 31 Page 33
·1· · · · A.· ·Yes. ·1· · · · Q.· ·Did this happen any other time of your
·2· · · · Q.· ·Was there any punishment?· Did he actually ·2· ·career, that you lost an opportunity to eat at the
·3· ·take away any meal privileges? ·3· ·training table or that you were denied a black card,
·4· · · · A.· ·Yes.· My meal card was taken. ·4· ·if you know?
·5· · · · Q.· ·For what period of time was your meal card ·5· · · · A.· ·No.
·6· ·taken? ·6· · · · Q.· ·Do you know that the NCAA changed the
·7· · · · A.· ·Can you -- what you mean by -- what period ·7· ·rules about what colleges could give for meals and
·8· ·are you referring to? ·8· ·snacks to football players during the time you were
·9· · · · Q.· ·How long?· How many meals or how many -- ·9· ·at Iowa?
10· ·how many meals did you miss? 10· · · · A.· ·Can you ask that question again?
11· · · · A.· ·I missed one meal. 11· · · · Q.· ·Yeah.· Do you recall that there was a
12· · · · Q.· ·And was that one meal at the training 12· ·change in the meal plan while you were a student at
13· ·table or was it one meal at a restaurant in Iowa 13· ·Iowa, where the NCAA allowed the colleges to provide
14· ·City or do you know? 14· ·more meals and unlimited snacks?
15· · · · A.· ·At a restaurant in downtown Iowa City. 15· · · · A.· ·I don't recall.
16· · · · Q.· ·You would have used the black card but you 16· · · · Q.· ·Did you also get a room and board check
17· ·didn't have any access to a black card?· Is that 17· ·each month?
18· ·fair to say? 18· · · · A.· ·Yes.
19· · · · A.· ·I had access to my black card.· It just 19· · · · Q.· ·As a scholarship player, did you receive
20· ·didn't go through. 20· ·about $1,800 a month for room and board?
21· · · · · · ·(Mr. Cooper joined the deposition.) 21· · · · A.· ·I don't recall the exact number.
22· · · · Q.· ·How do you know Kirk Ferentz had done 22· · · · Q.· ·Did you visit with a counselor or a
23· ·anything that caused your black card not to go 23· ·therapist provided by the University about your
24· ·through? 24· ·concerns about the suspension of your meal card or
25· · · · A.· ·Because after the meeting -- after the 25· ·your meeting with Kirk Ferentz about the meal card?

App. 240
Page 42 Page 44
·1· · · · A.· ·Yes. ·1· ·John Bruno."· Did I read that correctly?
·2· · · · Q.· ·I'm going to try to show you an ·2· · · · A.· ·Yes.
·3· ·Exhibit 45.· It's the original answers to ·3· · · · Q.· ·Now, did you ever have any conversations
·4· ·interrogatories that you made in this case.· Do you ·4· ·with Liz Tovar?
·5· ·happen to have a copy before you of those answers? ·5· · · · A.· ·I had conversations with Liz Tovar, yes.
·6· · · · A.· ·I can pull it up.· I don't have the copy ·6· · · · Q.· ·Did you ever report each and every
·7· ·with me, like, right now, but I have it in my phone. ·7· ·incident to Liz Tovar?
·8· ·I could pull it up. ·8· · · · A.· ·No.
·9· · · · Q.· ·Well, let me see if I can share it on the ·9· · · · Q.· ·How many times have you talked with Liz
10· ·screen and if you can see it. 10· ·Tovar?
11· · · · A.· ·Okay. 11· · · · A.· ·I don't know the exact number.
12· · · · Q.· ·Give me a second here, please. 12· · · · Q.· ·Do you recall what you told Liz Tovar?
13· · · · · · ·Are you able to see that page that I put 13· · · · A.· ·No.
14· ·before you, Mr. Wadley? 14· · · · Q.· ·Do you have any records of conversations
15· · · · A.· ·Yes. 15· ·with Liz Tovar?
16· · · · Q.· ·I want to take you to the end of the 16· · · · A.· ·No.
17· ·document.· Do you see on page 23, is that your 17· · · · Q.· ·Did you talk with Liz Tovar individually,
18· ·electronic signature? 18· ·just you and her, or were other people involved?
19· · · · A.· ·Yes. 19· · · · A.· ·Just me and Liz Tovar.
20· · · · Q.· ·And you swore under penalty of perjury 20· · · · Q.· ·Do you know where those meetings were?
21· ·that the foregoing interrogatory answers were true 21· · · · A.· ·In her office.
22· ·and correct to the best of your knowledge, 22· · · · Q.· ·And no one else was present?
23· ·information, and belief -- 23· · · · A.· ·No.
24· · · · A.· ·Yes. 24· · · · Q.· ·Do you recall anything that she said to
25· · · · Q.· ·-- correct? 25· ·you at those meetings?
Page 43 Page 45
·1· · · · · · ·MR. SOLOMON-SIMMONS:· Excuse me, Roger. ·1· · · · A.· ·No.
·2· · · · · · ·MR. STONE:· I want to turn your attention ·2· · · · Q.· ·Did you report each and every incident to
·3· ·to Interrogatory Number 9. ·3· ·John Bruno?
·4· · · · · · ·MR. SOLOMON-SIMMONS:· Excuse me, Roger. I ·4· · · · A.· ·No.
·5· ·just want to make -- you know, we sent amended ·5· · · · Q.· ·How many times have you talked with John
·6· ·interrogatories to you yesterday.· I just want to ·6· ·Bruno, approximately, if you can recall?
·7· ·make sure you are aware of that. ·7· · · · A.· ·I don't know the exact number.· We spoke
·8· · · · · · ·MR. STONE:· I am aware of that.· Thank ·8· ·numerous times.
·9· ·you. ·9· · · · Q.· ·I'm sorry.· I didn't catch your answer.
10· · · · · · ·MR. SOLOMON-SIMMONS:· Okay. 10· · · · A.· ·I don't know the exact number.· We spoke
11· · · · · · ·MR. STONE:· And I will get to those also. 11· ·numerous times.
12· · · · · · ·MR. SOLOMON-SIMMONS:· Thank you. 12· · · · Q.· ·What did you say to John Bruno?
13· · · · Q.· ·(By Mr. Stone) I want to turn your 13· · · · A.· ·What you mean, what did I say to John
14· ·attention to the answer to Interrogatory Number 9. 14· ·Bruno?
15· ·Do you see the Interrogatory Number 9 in front of 15· · · · Q.· ·What do you recall telling John Bruno
16· ·you, Mr. Wadley? 16· ·during the meetings --
17· · · · A.· ·Yes. 17· · · · A.· ·We spoke about different things.· I don't
18· · · · Q.· ·Take a minute if you want to read it to 18· ·recall specific conversations.· We had spoke
19· ·yourself.· Then I have a couple of questions about 19· ·numerous times, though.
20· ·the answer.· If you'll tell me when you're done 20· · · · · · ·There was one conversation he asked --
21· ·reading the question, then we'll go to the answer. 21· ·there was one conversation I recall, we spoke to
22· · · · A.· ·Okay. 22· ·John Bruno, and he -- you know, he asked me, he
23· · · · Q.· ·And in the answer, it says, "Each and 23· ·goes, "Hey, why so many African Americans -- why so
24· ·every incident was reported to Kirk Ferentz and 24· ·many black players did not finish the race, they're
25· ·academic administrators, including Liz Tovar and 25· ·transferring or either getting kicked out?"· That

App. 241
Page 54 Page 56
·1· ·we're getting a very bad echo, at least I am, when ·1· ·looking forward to tough games, you know, and just
·2· ·you talk, and it's making it hard to understand. ·2· ·being able to keep moving forward.
·3· ·Anyone else having that issue? ·3· · · · · · ·"INTERVIEWER:· How much respect do you
·4· · · · · · ·MR. STONE:· Sonya or Amy, can you figure ·4· ·have for him as play caller?· I mean, you guys put
·5· ·out where it's coming from?· Is it when I speak or ·5· ·up, what, five, six touchdowns, right?
·6· ·what? ·6· · · · · · ·"MR. WADLEY:· We all got a great amount of
·7· · · · · · ·VIDEOGRAPHER:· How about let's go off the ·7· ·respect for Coach Brian and we all believe that he's
·8· ·record to troubleshoot. ·8· ·going to put us in the best situations.· We just got
·9· · · · · · ·MR. STONE:· Okay. ·9· ·to execute, you know.· We always talk about the
10· · · · · · ·VIDEOGRAPHER:· Off the record at 10· ·coaches coaching and the players playing.
11· ·10:28 a.m. 11· · · · · · ·"INTERVIEWER:· Do you feel like you did
12· · · · · · ·(Off the record.) 12· ·that today, the players?
13· · · · · · ·VIDEOGRAPHER:· On the record at 10:29 a.m. 13· · · · · · ·"MR. WADLEY:· It was a team thing, and the
14· · · · Q.· ·(By Mr. Stone) Mr. Wadley, can you recall 14· ·staff, you know, they contributed.
15· ·using words to the effect that Kirk Ferentz is all 15· · · · · · ·(Video ended.)
16· ·business, it's all for the good of the team? 16· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, did
17· · · · A.· ·I don't recall. 17· ·you recognize yourself, of course?
18· · · · · · ·MR. STONE:· Katie, can you get the share 18· · · · A.· ·Yes.
19· ·screen and bring up Exhibit 48, please?· This is a 19· · · · Q.· ·Did you recognize the Iowa State insignia
20· ·video recording. 20· ·in the background?
21· · · · · · ·Mr. Solomon-Simmons, I suggest that we ask 21· · · · A.· ·Yes.
22· ·the court reporter to do the best she can when she 22· · · · Q.· ·Was that interview after the Iowa State
23· ·hears it.· We'll submit the actual exhibit to her 23· ·game in 2017, if you know?
24· ·like we did the video previously in Mr. Parker's 24· · · · A.· ·I'm not sure if it was after that game.
25· ·deposition, and she can then use that to shape out 25· ·I'm not sure when that recording was.
Page 55 Page 57
·1· ·the record. ·1· · · · Q.· ·At least it was after one of the games
·2· · · · · · ·MR. SOLOMON-SIMMONS:· No objection. ·2· ·against Iowa State that you played in, correct?
·3· · · · · · ·MR. STONE:· Thank you.· All right, Katie, ·3· · · · A.· ·Yes.
·4· ·if you'll play the video, please. ·4· · · · Q.· ·And it was the game in Ames, correct?
·5· · · · · · ·(Mr. Parker joined the deposition.) ·5· · · · A.· ·Yes.
·6· · · · · · ·(Exhibit 48 video started.) ·6· · · · · · ·MR. STONE:· Katie, can you share
·7· · · · · · ·"INTERVIEWER:· Coach Brian had a few words ·7· ·Exhibit 51, please?
·8· ·for Iowa State in the off-season just a little bit. ·8· · · · · · ·(Exhibit 51 video started.)
·9· ·I don't know if you caught wind of those, but maybe ·9· · · · · · ·"INTERVIEWER:· What kept you here?
10· ·give me a sense of the accomplishment he's feeling 10· · · · · · ·"MR. WADLEY:· Just, you know, my mother
11· ·right now. 11· ·played a big part, you know, and, you know, just
12· · · · · · ·"MR. WADLEY:· Man, Coach Brian, he's a 12· ·finishing out school, basically.
13· ·very eager guy, he's an energetic guy, great coach, 13· · · · · · ·"INTERVIEWER:· Are you glad you did, glad
14· ·and -- I'm trying to word this right because I don't 14· ·you came back?
15· ·want to, you know -- he's just really -- he's 15· · · · · · ·"MR. WADLEY:· Mm-hmm, yeah, definitely.
16· ·really -- he really -- like, this game is really 16· · · · · · ·"INTERVIEWER:· Do you feel like you've
17· ·important to him.· Let's say that.· You know, this 17· ·improved your standing?
18· ·game is very important to him, extremely important 18· · · · · · ·"MR. WADLEY:· Definitely.· I feel like,
19· ·to him. 19· ·you know, consistency is a big -- you know, a big
20· · · · · · ·And he just -- he always talks about 20· ·deal -- big thing right now, and I had a
21· ·coming out swinging, you know.· The night before, he 21· ·thousand-yard season last year and I followed it up
22· ·talked about -- he said, you know, "Anything can 22· ·with another one.
23· ·happen.· We can have a fight with their players, but 23· · · · · · ·"INTERVIEWER:· For this season, what are
24· ·it ain't going to determine the game today," you 24· ·some of your prouder moments?
25· ·know.· He always, you know, talks about being -- 25· · · · · · ·"MR. WADLEY:· Like the very first game,

App. 242
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·1· ·when I didn't think I would be able to go.· I didn't ·1· ·if I knew what I could -- you know, I could go back,
·2· ·think I would be able to go because I was kind of ·2· ·I would do it all over.
·3· ·like hurt. ·3· · · · · · ·"INTERVIEWER:· What would you change?
·4· · · · · · ·"INTERVIEWER:· Against Wyoming? ·4· · · · · · ·"MR. WADLEY:· Getting off to a good start,
·5· · · · · · ·"MR. WADLEY:· Yeah. ·5· ·you know, academically, you know.· Not making, you
·6· · · · · · ·"INTERVIEWER:· Oh, really? ·6· ·know, off-the-field mistakes.· You know, I threw a
·7· · · · · · ·"MR. WADLEY:· I didn't think -- I told ·7· ·big party.· That was huge.· I got in trouble for it.
·8· ·James, like, "Man, I don't know if I can go," and ·8· ·You know, that put me in the doghouse.· And, you
·9· ·then I just went, you know, finished up over a ·9· ·know, just body weight issues.
10· ·hundred.· Iowa State game, that was a really good 10· · · · · · ·I remember -- we do this thing called the
11· ·game.· Yeah.· It was a lot of trash talk, you know, 11· ·Hawkeye championship, you know, Hawkeye
12· ·between me and their corner, Peavy. 12· ·championship, and I remember going into the draft
13· · · · · · ·"INTERVIEWER:· Okay. 13· ·like negative, negative 4,000 points, you know, and
14· · · · · · ·"MR. WADLEY:· Yeah.· We're cool now.· And 14· ·that was for the party I threw.
15· ·it was a fun game, you know, going out there and 15· · · · · · ·"INTERVIEWER:· Oh.
16· ·getting a win on their field.· And it was a 16· · · · · · ·"MR. WADLEY:· Yeah.· It's a whole -- you
17· ·hard-fought game.· You know, it was my first time 17· ·know, that's -- yeah.
18· ·going into overtime.· And, you know, sometimes it 18· · · · · · ·"INTERVIEWER:· So you get docked points
19· ·felt like we was going to lose because they went up 19· ·for --
20· ·two scores, you know, and we came back.· That was a 20· · · · · · ·"MR. WADLEY:· Yeah.· Yeah.· For bonehead
21· ·good moment. 21· ·decisions.
22· · · · · · ·Penn State, you know, when I was having a 22· · · · · · ·"INTERVIEWER:· Sounds like a lot of
23· ·rough first half, I couldn't get anything, and then, 23· ·points.· Must have been a big party.
24· ·you know, I started picking up in the second half. 24· · · · · · ·"MR. WADLEY:· Yeah.· Me and Josh -- you
25· ·the Ohio State game, that was a really good game. 25· ·know, Josh -- I think Josh was higher.· I think he
Page 59 Page 61
·1· · · · · · ·(Video ended.) ·1· ·had, like, negative 48.
·2· · · · Q.· ·(By Mr. Stone) Thank you.· Did you ·2· · · · · · ·"INTERVIEWER:· Oh, Jackson?
·3· ·recognize yourself in that video, Mr. Wadley? ·3· · · · · · ·"MR. WADLEY:· Yeah.
·4· · · · A.· ·Yes. ·4· · · · · · ·"INTERVIEWER:· Okay.· All right.· So his
·5· · · · Q.· ·And do you know who Chad Leistikow is? ·5· ·hands aren't clean in this either.
·6· · · · A.· ·Yes. ·6· · · · · · ·"MR. WADLEY:· Yeah.· We're similar but,
·7· · · · Q.· ·Who is he? ·7· ·you know, he's doing really good now.
·8· · · · A.· ·He's a reporter. ·8· · · · · · ·"INTERVIEWER:· Yeah.· So that -- who is --
·9· · · · · · ·MR. STONE:· Katie, would you share ·9· ·did you realize at that point you probably shouldn't
10· ·Exhibit 52, please? 10· ·do that again, I suppose?
11· · · · · · ·(Exhibit 52 video started.) 11· · · · · · ·"MR. WADLEY:· Oh, yeah, I knew I can't do
12· · · · · · ·"INTERVIEWER:· Are you proud?· What's your 12· ·that, yeah.
13· ·emotion as you look back on your career? 13· · · · · · ·"INTERVIEWER:· Did someone say something
14· · · · · · ·"MR. WADLEY:· I'm really proud, yeah.· Not 14· ·to you?
15· ·too many people, you know, can do that.· And, like I 15· · · · · · ·"MR. WADLEY:· Yeah.· No more parties, man.
16· ·said, just -- I was proud just coming here, you 16· ·No more.· Yeah.
17· ·know, to a school like Iowa, you know, Big Ten, you 17· · · · · · ·"INTERVIEWER:· Okay.· Was it -- it wasn't
18· ·know, always on TV, you know, big-time college 18· ·worth it, though, at this point?
19· ·football program.· And I was just happy to come 19· · · · · · ·"MR. WADLEY:· No.· Especially when you're
20· ·here. 20· ·fighting, you know, and then when you, like --
21· · · · · · ·And then, you know, every time, like, I 21· ·because I always -- like always -- when I go out
22· ·did something, I was just, like, so happy, just 22· ·there and practice, I always put my all, you know,
23· ·thankful and grateful that I can do that, you know. 23· ·every practice, you know.
24· ·And, you know, as I look back, I feel like if I knew 24· · · · · · ·"INTERVIEWER:· Yeah.
25· ·what I knew now -- you know, when I first got here, 25· · · · · · ·"MR. WADLEY:· But it don't help when

App. 243
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·1· ·you're taking steps forward and then you do ·1· ·was that.
·2· ·something like that -- ·2· · · · · · ·"INTERVIEWER:· Still the kickoff return
·3· · · · · · ·"INTERVIEWER:· Mm-hmm. ·3· ·guy or is that now Ivory Kelly?
·4· · · · · · ·"MR. WADLEY:· -- you know, you're ·4· · · · · · ·"MR. WADLEY:· Ivory.
·5· ·taking -- you're distracting the team and then ·5· · · · · · ·"INTERVIEWER:· Really?· Is that just to
·6· ·you're taking away from yourself, you know, you take ·6· ·lighten your load or --
·7· ·all the steps backwards. ·7· · · · · · ·"MR. WADLEY:· I'm not sure.· That's coach.
·8· · · · · · ·"INTERVIEWER:· Yeah. ·8· ·Ask coach that.
·9· · · · · · ·(Video ended.) ·9· · · · · · ·"INTERVIEWER:· Would you rather be back
10· · · · Q.· ·(By Mr. Stone) Do you recognize yourself 10· ·there?
11· ·in Exhibit 52, Mr. Wadley? 11· · · · · · ·"MR. WADLEY:· Yeah.
12· · · · A.· ·Yes. 12· · · · · · ·"INTERVIEWER:· You're scaring us.· You got
13· · · · Q.· ·Were you able to determine that that was 13· ·a little knee thing on there.· Is that anything --
14· ·at the end of the 2017 season or close to the end of 14· · · · · · ·"MR. WADLEY:· That's for fashion.· I'm
15· ·the 2017 season? 15· ·fine.
16· · · · A.· ·I don't know the exact date that was, but 16· · · · · · ·"INTERVIEWER:· Do you ever surprise
17· ·I believe it probably was towards my last year. 17· ·yourself when you see yourself on film?
18· · · · · · ·MR. STONE:· And, Katie, would you please 18· · · · · · ·"MR. WADLEY:· No.· No.· I'm just thankful
19· ·show us Exhibit 49. 19· ·and grateful, you know, that I got some coaches that
20· · · · · · ·(Exhibit 49 video started.) 20· ·believe in me and just really seeing everything, you
21· · · · · · ·"INTERVIEWER:· 26 carries last week, 28 21· ·know, pays off.· Just got to keep at it.
22· ·carries this week.· Iowa went and got a free agent 22· · · · · · ·(Video ended.)
23· ·running back and you're getting the ball more.· How 23· · · · Q.· ·(By Mr. Stone) Thank you.· Did you
24· ·do you like that? 24· ·recognize yourself in that video, Exhibit 49,
25· · · · · · ·"MR. WADLEY:· It's a good thing, you know. 25· ·Mr. Wadley?
Page 63 Page 65
·1· ·They trust -- they got a lot of trust in me.· But we ·1· · · · A.· ·Yes.
·2· ·talk about, you know, getting other guys in the ·2· · · · Q.· ·Can you tell us what season you were
·3· ·game.· You know, James, he has really explosive ·3· ·talking about?
·4· ·plays.· He put one out of the backfield one time, ·4· · · · A.· ·No.· I don't recall the season it was.
·5· ·broke about two, three tackles.· He went like beast ·5· · · · Q.· ·Katie, could you show us Exhibit 59?
·6· ·mode.· He needs to play more.· We're going to make ·6· · · · · · ·Mr. Wadley, why don't you take a minute
·7· ·that happen. ·7· ·and read Exhibit 59 to yourself if you can see it.
·8· · · · · · ·"INTERVIEWER:· What did Stanley show you ·8· · · · A.· ·Okay.· Okay.· I see that.· I read it.
·9· ·in that second half and overtime?· That was a ·9· · · · Q.· ·Was that a Twitter message that you wrote
10· ·big-time performance. 10· ·about January 1st of 2018?
11· · · · · · ·"MR. WADLEY:· Stanley, he's still 11· · · · A.· ·Honestly, I cannot recall actually -- I do
12· ·learning, we're all learning, but as long as he's 12· ·not recall tweeting something like this.· That's not
13· ·leading, you know, he shows he can be, like the 13· ·even my profile.· If you look at the user name,
14· ·great leader that he is.· He never complains.· He 14· ·which is WadleyAkrum25, my Twitter name is
15· ·never whines.· You know, he never yells at a player 15· ·Akrum_Wadley.· And -- yeah, I don't recall saying
16· ·if they drop a pass or anything.· He's just always 16· ·that at all.· Especially the skinny kid.· I don't --
17· ·composed. 17· ·like I said, I don't even talk like that.· And I
18· · · · · · ·"INTERVIEWER:· Have you watched that 18· ·don't even have that Twitter.· Like, I have a
19· ·46-yard touchdown pass? 19· ·totally different Twitter name.
20· · · · · · ·"MR. WADLEY:· Yeah. 20· · · · Q.· ·Was this the Twitter account that you had
21· · · · · · ·"INTERVIEWER:· What did you see on that 21· ·in -- January 1st of 2018, if you know?
22· ·when you rewatched it? 22· · · · A.· ·I did join 2018, yeah, but that's not
23· · · · · · ·"MR. WADLEY:· I seen -- I had a step on 23· ·my -- that's not even my name.· If you look on
24· ·the backer, and I seen great downfield blocking by 24· ·Twitter right now, you can see my name is
25· ·Nick, you know, not giving up on the play, and that 25· ·Akrum_Wadley, and that user name is, like,

App. 244
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·1· ·remember we spoke on two main issues, which one of ·1· ·it's really not up to them.· It's not up to them
·2· ·them was that in particular.· He spoke about me ·2· ·whether or not -- well, it is but it's not.
·3· ·being sick, and he looked me dead in my eyes and ·3· · · · · · ·And they usually send players that are
·4· ·he's, like, "Well, I know you were sick.· I knew you ·4· ·sick home or to the back to, you know, lay down
·5· ·were sick.· I knew you couldn't go.· But sometimes ·5· ·until they can, like, reunite with the team during
·6· ·it's days like that where you really -- you don't ·6· ·meetings, but -- I don't know how to answer that
·7· ·got nothing left in the tank and you don't, you ·7· ·question because I wasn't ready.· I wasn't cleared
·8· ·know --" he goes, "you don't got nothing left in the ·8· ·to play.
·9· ·tank, and, you know, that's when we need you the ·9· · · · Q.· ·You weren't cleared to play by whom?
10· ·most, when you don't got nothing left and you go out 10· · · · A.· ·In my mind, my health, I wasn't cleared to
11· ·there anyway." 11· ·play.· Even in the training staff, I wasn't cleared
12· · · · · · ·And he brought back the play.· It was a 12· ·to play, but they wouldn't stand to, you know, try
13· ·play in that particular practice that ended the 13· ·to challenge or go against what, you know, Brian
14· ·practice on a bad note.· I think I had a miscue, a 14· ·Ferentz says.
15· ·misassignment -- a missed assignment as a running 15· · · · Q.· ·So you said when you met with Brian in
16· ·back, and when I missed that assignment on the 16· ·2017 and discussed this incident, was there a second
17· ·field, he just went through the roof.· Like his 17· ·issue that you and Brian discussed?
18· ·anger just got the best of him. 18· · · · A.· ·Yes.· We spoke about the incident where I
19· · · · · · ·You would think I've done something 19· ·had parked in his parking shot, which unknowingly I
20· ·really -- there's a difference between coaching hard 20· ·parked in his parking spot, and he was frustrated.
21· ·and how he reacted to that.· He reacted to that like 21· ·We spoke about that incident, you know, when he
22· ·I was -- like I was a hundred percent healthy.· He 22· ·threatened me and, you know, he -- we spoke about
23· ·reacted like I did it on purpose or something or I 23· ·that briefly.· He covered that topic as well.
24· ·did something to him personally, because he just 24· · · · Q.· ·What did you say to him?
25· ·went through the roof.· He went overboard.· He was 25· · · · A.· ·I didn't say -- he led the conversation.
Page 119 Page 121
·1· ·just screaming "What the hell was that?· We don't do ·1· ·He didn't give me a chance to talk.· And to be
·2· ·things -- like you know better." ·2· ·honest, he didn't want to hear anything I had to say
·3· · · · · · ·You know, he was just doing all that, and ·3· ·at all.· He led the conversation.· He was dominant
·4· ·later on, when we talked about that, he brought up ·4· ·in the conversation.· He said what he needed -- he
·5· ·that -- he said, "I knew you were sick.· I knew you ·5· ·said what he had to say.
·6· ·were sick, but, you know, it's days like that, you ·6· · · · Q.· ·What did he say?
·7· ·know, where we need you the most, when you don't got ·7· · · · A.· ·I don't remember his exact words, but he
·8· ·nothing left in the tank." ·8· ·definitely -- he was talking about that incident,
·9· · · · Q.· ·So he was describing the time in ·9· ·and then he bridged into that incident.· I'm not
10· ·approximately August 2016 when he had you practice 10· ·sure what order it was, but he was, like, just
11· ·and you thought you were too sick to practice? 11· ·bringing up different -- just different times, and
12· · · · A.· ·I didn't think.· I was sick.· It was 12· ·he was, like, "You're damn right I was -- you're
13· ·documented I was sick.· I was laying inside of the 13· ·damn right I was frustrated you parked in my spot,"
14· ·trainer room.· They sent me to the back room 14· ·and he said -- he goes, "You know what?· You know
15· ·where -- it was just a room, and you sit and lay on 15· ·why I was really frustrated?· It's because I get
16· ·the table until everybody finishes doing what 16· ·here early, and I get here early sometimes where no
17· ·they're doing, and then you can reunite with the 17· ·cars is here, nobody can't park in my spot, but
18· ·team, or sometimes they send you home if you're sick 18· ·you're damn right I was frustrated.· And yes, I did
19· ·because they don't want any other players to get 19· ·let you have it.· I did."
20· ·sick.· So we was talking about that time. 20· · · · · · ·And he didn't apologize at all.· He
21· · · · Q.· ·Had you been cleared medically to practice 21· ·didn't, you know, think he went overboard or any of
22· ·that day, to be on the field? 22· ·that.· He just was, like, really venting to me how
23· · · · A.· ·I was -- I honestly can't answer that 23· ·he felt about me doing that.· And I was trying to
24· ·question because Russ, Doug, they knew I was sick, 24· ·explain.· I'm like, "Well, I didn't know that was
25· ·and they actually wanted to send me to the back, but 25· ·your parking --" he said, "What?"· He didn't believe

App. 245
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·1· · · · A.· ·It was strength and conditioning coach. I ·1· ·gang is he in?"
·2· ·believe it was Joe Well [sic].· He was there.· And I ·2· · · · A.· ·No.
·3· ·remember talking to him outside during our camp ·3· · · · Q.· ·You've not heard -- or have you heard
·4· ·days.· No, it wasn't camp.· It was before -- it was ·4· ·Brian Ferentz call anybody a stupid MF?
·5· ·our preparation before the spring ball, I told him ·5· · · · A.· ·Yes.
·6· ·to do a drill, do it hisself. ·6· · · · Q.· ·Have you heard Brian Ferentz say the words
·7· · · · · · ·It was -- we was working out on the ·7· ·"Go back to the ghetto"?
·8· ·outdoor field, and it was so hot, and they gave us ·8· · · · A.· ·No.
·9· ·these vests to do drills, and we was running in the ·9· · · · Q.· ·Have you heard Brian Ferentz use any
10· ·vests, which brought, you know -- he was just 10· ·racial slur or racial epithet other than "dumbass
11· ·telling us "You can't make time with that.· What's 11· ·black player" that you believe he said to Jonathan
12· ·going on?"· I'm, like, "Well, you do it.· You try 12· ·Parker in the end zone?
13· ·it." 13· · · · A.· ·Can you repeat that question?
14· · · · Q.· ·Did you swear at him? 14· · · · Q.· ·Yes.· Do you believe that Brian Ferentz
15· · · · A.· ·No. 15· ·used any other racial epithet or racial slur, that
16· · · · Q.· ·Do you know whether Jonathan Parker swore 16· ·you know of?
17· ·at Brian Ferentz? 17· · · · A.· ·No.· But he did -- he was telling me a
18· · · · A.· ·I don't know.· I don't recall him swearing 18· ·story about when he visited my hometown in Newark
19· ·at him. 19· ·New Jersey, and the story was kind of -- you know,
20· · · · Q.· ·And you believe you heard Brian Ferentz 20· ·the story was racist.· The story was racist.
21· ·call Jonathan Parker a dumbass black player? 21· · · · · · ·MR. STONE:· I'm sorry.· Give me a second.
22· · · · A.· ·Yes.· Black dumbass player. 22· · · · · · ·VIDEOGRAPHER:· Off the record at 2:24 p.m.
23· · · · Q.· ·Black dumbass player? 23· · · · · · ·(Off the record.)
24· · · · A.· ·Yeah. 24· · · · · · ·VIDEOGRAPHER:· On the record at 2:25 p.m.
25· · · · Q.· ·Was that before or after Brian Ferentz 25· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, I
Page 167 Page 169
·1· ·kicked him out of practice? ·1· ·believe you were telling me about a story or an
·2· · · · A.· ·That was as he was exiting.· He kind of, ·2· ·incident where Mr. Brian Ferentz was describing a
·3· ·like, light jogged off, and I heard him say that to ·3· ·visit to your school?· Is that what you were saying?
·4· ·him.· He was exiting practice.· He wasn't completely ·4· · · · A.· ·Yes.
·5· ·out of practice when he said that. ·5· · · · Q.· ·Why don't you explain that one for me,
·6· · · · Q.· ·He was in the end zone sort of jogging or ·6· ·please.
·7· ·sort of -- ·7· · · · A.· ·He had us all in position meetings, and he
·8· · · · A.· ·Trotting.· He was trotting off the field ·8· ·was -- before we started the meeting, he would
·9· ·real slow after he got kicked out. ·9· ·always -- often open up with, like, a joke that
10· · · · Q.· ·Trotting in the end zone is when you 10· ·wasn't funny or like something that offended black
11· ·heard -- 11· ·players.
12· · · · A.· ·Trotting off the field. 12· · · · · · ·Like an example, he was talking about a
13· · · · Q.· ·Off the field.· Okay.· And that's when you 13· ·story where him and Tyler Barnes took a visit to my
14· ·heard Brian Ferentz say what you say he said 14· ·old hometown, Newark, New Jersey, Weequahic High
15· ·about -- 15· ·School, to visit Ihmir Smith-Marsette, which Ihmir
16· · · · A.· ·Yes. 16· ·eventually came to Iowa.
17· · · · Q.· ·-- a black dumbass player? 17· · · · · · ·He was describing a story when he walked
18· · · · A.· ·Yes. 18· ·there.· He was, like -- he was just saying Tyler
19· · · · Q.· ·Okay.· Brian Ferentz never called you a 19· ·Barnes -- he was, like, Tyler Barnes, the whole
20· ·black dumbass, did he? 20· ·visit from Iowa, when he got -- when he touched down
21· · · · A.· ·No. 21· ·in Jersey and in Newark, he was just so terrified
22· · · · Q.· ·You've never heard Brian Ferentz use the 22· ·and he was so spooked when he got in my -- in
23· ·N-word, have you? 23· ·Weequahic High School when they went to go visit him
24· · · · A.· ·No. 24· ·because he was saying, like, there's so many -- it's
25· · · · Q.· ·You've not heard Brian Ferentz say, "What 25· ·like thugs around, like it's so many -- referring to

App. 246
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·1· ·black people like thugs, there was so many, and he ·1· ·Weequahic in Newark.
·2· ·don't -- you know, he don't -- he just was spooked. ·2· · · · Q.· ·Going back to the incident with Jonathan
·3· ·He was talking about how spooked Tyler Barnes was. ·3· ·Parker that we were earlier discussing, did you see
·4· · · · · · ·And he said after they visited -- after ·4· ·Brian Ferentz kick any garbage cans during that
·5· ·they visited Smith-Marsette's grandmother, they was ·5· ·incident?
·6· ·at a gas station that was down the street around the ·6· · · · A.· ·No.
·7· ·corner from the school, and he told Tyler Barnes, he ·7· · · · Q.· ·Did Brian Ferentz ever say anything to you
·8· ·was, like, "I ain't worried about nobody out here. ·8· ·about your hair?
·9· ·I'm not worried about these people at all." ·9· · · · A.· ·No.
10· · · · · · ·And I'm listening to him tell the story. 10· · · · Q.· ·Do you have tattoos, Mr. Wadley?
11· ·He's, like, "You want to know what I told him?· You 11· · · · A.· ·Yes.
12· ·want to know what I told Tyler Barnes?"· He's, like, 12· · · · Q.· ·Did Brian Ferentz ever saying anything to
13· ·"I'm not worried about nothing.· You don't want to 13· ·you about your tattoos?
14· ·act scared.· You know, these people are going to 14· · · · A.· ·No.
15· ·look at me and think I'm a cop or a detective or 15· · · · Q.· ·Did Brian Ferentz ever say anything to you
16· ·something, so they're going to stay away from me." 16· ·about your clothing, if you can recall?
17· · · · · · ·And as I was listening to him tell that 17· · · · A.· ·No.
18· ·story, I just was like thinking like, you know, like 18· · · · Q.· ·Do you wear jewelry, Mr. Wadley, or did
19· ·this is not a story you want to tell me.· That's 19· ·you wear jewelry when you were in the Iowa program?
20· ·just -- that's offensive.· What you mean by "these 20· · · · A.· ·I wear jewelry, but I didn't wear it at
21· ·people" and what do you mean by they're going to 21· ·Iowa.· We wasn't allowed to wear jewelry.
22· ·think you're a cop? 22· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
23· · · · Q.· ·You found the story offensive and you 23· ·you about any jewelry that you were wearing in the
24· ·thought he was trying to make a joke.· Is that fair 24· ·Iowa program?
25· ·to say? 25· · · · A.· ·No.· It wasn't Brian, no.
Page 171 Page 173
·1· · · · A.· ·He was telling a story and he was trying ·1· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
·2· ·to be funny.· He was talking about how funny he ·2· ·you about the way that you talked or your diction?
·3· ·thought it was that Tyler Barnes, how he was so ·3· · · · A.· ·My addiction?
·4· ·scared or whatever. ·4· · · · Q.· ·No, not addiction.· I apologize.· I did
·5· · · · Q.· ·And you took it in that context that he ·5· ·not mean to suggest any addiction.· Diction just
·6· ·was trying to be humorous or light-hearted?· That's ·6· ·meaning the manner in which you speak.· Did he say
·7· ·fair to say? ·7· ·anything to you about the manner in which you speak,
·8· · · · · · ·MS. HECKENKEMPER:· Object to form. ·8· ·if you can recall?
·9· · · · Q.· ·(By Mr. Stone) Let's break it down.· When ·9· · · · A.· ·Can you rephrase that question?
10· ·he told you that story, did you think he thought it 10· · · · Q.· ·Yes.· Did Mr. Brian Ferentz ever say
11· ·was humorous? 11· ·anything to you about the way that you talk or
12· · · · A.· ·Yes. 12· ·talked in the Iowa football program?
13· · · · Q.· ·When he told you that story, did you think 13· · · · A.· ·No.
14· ·he thought it was light-hearted? 14· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
15· · · · A.· ·I don't know what he thought.· I don't 15· ·you about the way that you walked?
16· ·know if he thought it was light-hearted, but I 16· · · · A.· ·No.
17· ·definitely thought he thought that it was funny 17· · · · Q.· ·And I want to ask the same questions about
18· ·because as he was telling me, he kind of laughed at 18· ·whether Brian Ferentz either mocked or made fun of
19· ·certain parts when he was telling me the story. 19· ·or ridiculed you about those same subjects.· Did
20· · · · Q.· ·He was trying to make a joke, and it was a 20· ·Mr. Brian Ferentz ever mock, make fun of you, or
21· ·joke that you found to be offensive? 21· ·ridicule you about your hair?
22· · · · A.· ·I don't believe he was trying to make a 22· · · · A.· ·No.
23· ·joke.· I believe he was telling a story, and he 23· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
24· ·thought it was funny that Tyler Barnes was so -- 24· ·you, or ridicule you about your tattoos?
25· ·like, was so nervous and so scared when they came to 25· · · · A.· ·No.

App. 247
Page 174 Page 176
·1· · · · Q.· ·Did Mr. Brian Ferentz ever mock, make fun ·1· ·and we was outdoors, but we was right next to the
·2· ·of you, or ridicule you about your clothing? ·2· ·indoor facility.· We was outdoors right next to the
·3· · · · A.· ·No. ·3· ·indoor facility on the far field.· Not the field
·4· · · · Q.· ·Did Mr. Brian Ferentz ever -- ·4· ·nextdoor to the indoor facility, but it's another
·5· · · · A.· ·Hold up.· Yes. ·5· ·field on the other side, like right next to that
·6· · · · Q.· ·I'm sorry, Mr. Wadley. ·6· ·side.
·7· · · · A.· ·Yes.· That last -- you said did he ever ·7· · · · · · ·And we was -- we would all bring up -- we
·8· ·mock or make fun of me about clothing? ·8· ·would all come in like a whole huddle and we would
·9· · · · Q.· ·Yeah.· Is that the incident -- ·9· ·get addressed from Kirk Ferentz, the whole team, and
10· · · · A.· ·Yes. 10· ·then after that situation, after we leave the whole
11· · · · Q.· ·-- about the skullcap that -- 11· ·team, we would meet -- we would break up and go to
12· · · · A.· ·Yes. 12· ·our position groups.
13· · · · Q.· ·And I don't mean to -- we'll get to that, 13· · · · · · ·In our position groups, Brian Ferentz was
14· ·Mr. Wadley.· I did not mean to skip over that, okay? 14· ·my position coach, and he had all of the running
15· ·We'll let you talk about that in a second.· But 15· ·backs and the fullbacks as well, and he spoke to us
16· ·other than that incident, did he ever say anything 16· ·and we broke it up.· After that incident, after we
17· ·to you about your clothing or your dress? 17· ·broke it up, after we finished our meetings, you
18· · · · A.· ·No. 18· ·could -- you got the option to either run off the
19· · · · Q.· ·Did Mr. Brian Ferentz ever mock, make fun 19· ·field, walk the field, go get you a drink, go get
20· ·of you, or ridicule you about your jewelry? 20· ·you exercise, anything you want to do.
21· · · · A.· ·No. 21· · · · · · ·I so happened to take my hat -- my helmet
22· · · · Q.· ·Did he ever mock, make fun of you, or 22· ·off and a light jog off the field, like a light
23· ·ridicule you about the way that you talked? 23· ·trot, while he was trotting on the side of me, like
24· · · · A.· ·No. 24· ·light jogging on the side of me off the field near
25· · · · Q.· ·Did he ever mock, make fun of you, or 25· ·the equipment where all of the strength and
Page 175 Page 177
·1· ·ridicule you about the way that you walked? ·1· ·conditioning coaches have the bikes.· They have
·2· · · · A.· ·No. ·2· ·the -- that the hurt players go.· They ride on the
·3· · · · Q.· ·Now, there was an incident that you've ·3· ·bikes if you can't complete a practice.
·4· ·described, I think both in the complaint and in the ·4· · · · · · ·So we was trotting off, and we was around
·5· ·answers to interrogatories about, a time when you ·5· ·that area trotting off to go inside the facility,
·6· ·were wearing a Nike skullcap, I believe, or a couple ·6· ·and he seen me.· He looked at me.· He looked at me
·7· ·of incidents.· Can you explain those to me in your ·7· ·twice and was, like, "Hey, you about to rob the
·8· ·own words, Mr. Wadley? ·8· ·liquor store?"· He asked me "Hey, with that thing,
·9· · · · A.· ·Yeah.· Hold up.· Can you ask that question ·9· ·you about to rob the liquor store with that?"
10· ·again? 10· · · · · · ·Because I still -- I took my helmet off
11· · · · Q.· ·You bet.· You have talked about a time 11· ·and I had the cap on me.· It covered -- I was so
12· ·when you were wearing a Nike skullcap that was 12· ·cold that day, and I had it covering my whole face.
13· ·issued by the Iowa football program when you believe 13· ·All you could see was my eyes and partially my nose.
14· ·that Brian Ferentz said some things to you that were 14· ·And he asked me as we was trotting off the field,
15· ·offensive to you.· Can you explain that circumstance 15· ·and I looked at him and was just like -- I just
16· ·to me? 16· ·shook my head and kept moving.
17· · · · A.· ·Yes.· Well, the first time -- we was 17· · · · Q.· ·Anything else said at that time?
18· ·issued facility Nike caps when it got cold to cover 18· · · · A.· ·No.
19· ·up our ears and our face outside when we're playing, 19· · · · Q.· ·How many times did that take place?
20· ·and the whole team had the option to, you know, grab 20· · · · A.· ·That incident, first it was the liquor
21· ·one if they wanted one or not, and I took that 21· ·store.· Then it was the gas station.· He asked me
22· ·option and I grabbed one. 22· ·was I trying to rob a gas station at the Pinstripe
23· · · · · · ·(Mr. Solomon-Simmons joined the 23· ·Bowl where we broke off the practice, and we was in
24· ·deposition.) 24· ·New York.· We was breaking up.· It was the running
25· · · · A.· ·I was practicing with it on in the winter, 25· ·backs around, and we broke up, and it was the same

App. 248
Page 194 Page 196
·1· · · · Q.· ·Was that something that you spoke about to ·1· ·activities?
·2· ·anyone? ·2· · · · A.· ·No.
·3· · · · A.· ·Yes. ·3· · · · Q.· ·Did Seth Wallace say anything to you about
·4· · · · Q.· ·Who did you talk to, Mr. Wadley, about ·4· ·political speech?
·5· ·that presentation of a jersey to Mr. Donald Trump? ·5· · · · A.· ·Political speech like what?
·6· · · · A.· ·A few of my teammates. ·6· · · · Q.· ·What you could do or what you could say
·7· · · · Q.· ·Did you talk to any coaches? ·7· ·about political activities?· Did Mr. Seth Wallace
·8· · · · A.· ·No. ·8· ·say anything like that?
·9· · · · Q.· ·Did Brian Ferentz ever say anything to you ·9· · · · A.· ·No.
10· ·about any political activities or political speech, 10· · · · Q.· ·Did Mr. Seth Wallace say anything to you
11· ·if you can recall? 11· ·about attending political rallies?
12· · · · A.· ·Political speech like what? 12· · · · A.· ·No.
13· · · · Q.· ·Well, do you recall whether Brian Ferentz 13· · · · Q.· ·Did Mr. Seth Wallace say anything to you
14· ·ever said anything to you, either individually or as 14· ·as to whether there were any restrictions or any
15· ·part of a team meeting, about what was going to be 15· ·rules about your participating in political
16· ·allowed or what the football players could do with 16· ·activities?
17· ·regard to political activities?· Did that come from 17· · · · A.· ·No.· I said no.
18· ·Brian Ferentz, if you know? 18· · · · Q.· ·Yeah.· Thank you, Mr. Wadley.· I was just
19· · · · A.· ·I don't get the question.· Can you, like, 19· ·looking at my notes here.
20· ·rephrase it? 20· · · · · · ·Did you ever hear Mr. Kirk Ferentz give
21· · · · Q.· ·Yes. 21· ·instructions to Coach Chris Doyle or to Brian
22· · · · A.· ·Are you saying -- go ahead.· Go ahead.· Go 22· ·Ferentz about how to treat black players or African
23· ·ahead. 23· ·American members of the football program?· Did you
24· · · · Q.· ·I'll rephrase it, Mr. Wadley.· I'm really 24· ·overhear any such instructions?
25· ·just interested in focusing in on Brian Ferentz for 25· · · · A.· ·No.
Page 195 Page 197
·1· ·this question. ·1· · · · Q.· ·Do you know of any athlete in the Iowa
·2· · · · A.· ·Okay. ·2· ·football program who was ever punished for
·3· · · · Q.· ·And the question is whether Brian Ferentz ·3· ·participating in any political activity?
·4· ·said anything to you about political activities that ·4· · · · A.· ·No.
·5· ·you can recall coming from Brian Ferentz. ·5· · · · Q.· ·Mr. Wadley, we had some comments or your
·6· · · · A.· ·Political activities like what? ·6· ·testimony earlier about your use of social media.
·7· · · · Q.· ·Oh, like going to a rally or what was ·7· ·Do you know when you first started a Twitter
·8· ·permitted or what football players could do or ·8· ·account?
·9· ·anything like that.· Did any of that come from Brian ·9· · · · A.· ·Right after the season.· It was after the
10· ·Ferentz? 10· ·season, after I was done with Iowa.
11· · · · A.· ·No. 11· · · · Q.· ·And during the time that you were
12· · · · Q.· ·How about Coach Chris Doyle?· Did he say 12· ·participating in the Iowa program, you did not have
13· ·anything to you about political activities or 13· ·a Twitter account, correct?
14· ·political rallies or political protests or speech? 14· · · · A.· ·Correct.· We weren't allowed to use
15· ·Anything like that come from Coach Chris Doyle, if 15· ·Twitter.
16· ·you can recall? 16· · · · Q.· ·The address that had the underscore
17· · · · A.· ·No. 17· ·between the name Akrum and the name Wadley, do you
18· · · · Q.· ·How about Seth Wallace?· Did anything come 18· ·know when you first got that on Twitter?
19· ·from Seth Wallace about political speech or 19· · · · A.· ·When I created my account.
20· ·political activities or political rallies or any 20· · · · Q.· ·Do you have any record or ability to
21· ·rules or restrictions? 21· ·determine when you created your account?
22· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. 22· · · · A.· ·It was right after I finished with Iowa.
23· · · · Q.· ·(By Mr. Stone) Let's break it down, 23· ·Right after I finished with Iowa.· I don't know the
24· ·Mr. Wadley.· Do you remember, Coach Seth Wallace, 24· ·exact date, but it was in 2018.
25· ·did he say anything to you about political 25· · · · Q.· ·Pretty soon after the Pinstripe Bowl?

App. 249
Page 210 Page 212
·1· · · · A.· ·No. ·1· · · · A.· ·No.
·2· · · · · · ·MR. STONE:· Amy, could you put our group ·2· · · · Q.· ·Did any other coach in the Iowa program
·3· ·into a room and we'll have about a five- or ·3· ·call you a gang member or say, "What gang is he in?"
·4· ·ten-minute meeting and then we'll come back?· We may ·4· · · · A.· ·No.
·5· ·be close to being done. ·5· · · · Q.· ·Did any other Iowa football coach during
·6· · · · · · ·VIDEOGRAPHER:· Off the record at 3:48 p.m. ·6· ·the time you participated in the program say words
·7· · · · · · ·(Recess taken from 3:48 to 4:05 p.m.) ·7· ·to you to the effect directly of "Go back to the
·8· · · · · · ·VIDEOGRAPHER:· On the record at 4:05 p.m. ·8· ·ghetto"?
·9· · · · Q.· ·(By Mr. Stone) We're just about finished, ·9· · · · A.· ·"Go back to the ghetto" wasn't the exact
10· ·Mr. Wadley.· Thank you for your participation.· Just 10· ·words that was used to me.
11· ·a couple follow-up things. 11· · · · Q.· ·Did any other Iowa coach use a racial slur
12· · · · · · ·You mentioned that you came back for the 12· ·or racial derogatory term directly to you in
13· ·2017 season in part because you wanted to graduate. 13· ·connection with discussions with you?· If you know.
14· ·Did I get that correct? 14· · · · A.· ·Chris Doyle, when I first got to the
15· · · · A.· ·Yes. 15· ·University of Iowa, when I first got there, my
16· · · · Q.· ·Can you tell us how many hours you took 16· ·redshirt freshman year, my first year there, in the
17· ·that 2017 fall? 17· ·summer when I first got there and was training.· It
18· · · · A.· ·I don't recall. 18· ·was the old building, not the new building.· The old
19· · · · Q.· ·Do you recall whether you passed classes 19· ·weight room.· The older weight room, which was
20· ·in that 2017 fall? 20· ·across from the new facility before it was built.
21· · · · A.· ·Yes. 21· · · · Q.· ·What is it that you recall that he said to
22· · · · Q.· ·Did you fail some classes in that 2017 22· ·you in that first year when you got there?
23· ·fall? 23· · · · A.· ·He said, "This is not the ghetto.· Do
24· · · · A.· ·I don't recall. 24· ·not --" he said, "This is not the ghetto.· You're
25· · · · Q.· ·Did you have a language requirement that 25· ·not going to behave like a bum.· You're going to
Page 211 Page 213
·1· ·you needed to complete? ·1· ·make weight."
·2· · · · A.· ·Swahili. ·2· · · · · · ·This is after I weighed in and I went to
·3· · · · Q.· ·Were you able to successfully complete any ·3· ·my station.· He went over and checked the clipboard,
·4· ·part of that requirement? ·4· ·and he said I didn't make weight and he came -- he
·5· · · · A.· ·No. ·5· ·made his way right over there and he, like, pulled
·6· · · · Q.· ·You still had a full language requirement ·6· ·me to the side and said, "I don't know what you was
·7· ·to fulfill in order to graduate at the time of the ·7· ·doing."· He was pointing to me, "I don't know what
·8· ·end of your football career at Iowa after the ·8· ·you was doing back in high school but this is not
·9· ·Pinstripe Bowl, correct? ·9· ·the ghetto.· You're not going to behave like a bum
10· · · · A.· ·Yes. 10· ·here.· You're going to make weight.· You're going to
11· · · · Q.· ·Do you consider that you were a serious 11· ·do things the right way.· You're going to do things
12· ·student in the fall of 2017? 12· ·the Iowa way.· You got me?"
13· · · · A.· ·Can you, like, explain what you mean by 13· · · · · · ·MR. STONE:· I think that's all that we
14· ·that? 14· ·have, Mr. Wadley.· Thank you for your testimony.
15· · · · Q.· ·Well, you were hoping to go on and become 15· · · · · · ·THE WITNESS:· Okay.
16· ·an NFL player.· Did you consider that you were 16· · · · · · · · · · · ·EXAMINATION
17· ·taking your class studies seriously in the fall of 17· ·BY MR. SOLOMON-SIMMONS:
18· ·2017 or were you focused more on trying to become an 18· · · · Q.· ·Akrum, I have a few questions.· If the
19· ·NFL player in the following draft? 19· ·court reporter or whoever has exhibits could put up
20· · · · A.· ·I was focused on class and the draft, 20· ·Exhibit 59, I believe it is.· It's of a tweet.
21· ·focused on both. 21· · · · · · ·COURT REPORTER:· Can we go off the record?
22· · · · Q.· ·I asked you as to Brian Ferentz, but I 22· · · · · · ·MR. SOLOMON-SIMMONS:· Yes, that's fine
23· ·wanted to ask you as to any other coach of the Iowa 23· ·with me.
24· ·football program.· Did any other coach use the 24· · · · · · ·VIDEOGRAPHER:· Off the record at 4:11 p.m.
25· ·N-word directly to you at any time? 25· · · · · · ·(Off the record.)

App. 250

· · · · · · · · · SOUTHERN DISTRICT OF IOWA
·3
·4· ·- - - - - - - - - - - - - -
· · ·AKRUM WADLEY; JONATHAN· · · ·:
·5· ·PARKER; MARCEL JOLY; AARON· ·:
· · ·MENDS; DARIAN COOPER; BRANDON:
·6· ·SIMON; and JAVON FOY,· · · · :
· · · · · · · · · · · · · · · · · :
·7· · · · · ·Plaintiffs,· · · · · :
· · · · · · · · · · · · · · · · · :
·8· ·vs.· · · · · · · · · · · · · : Case No. 4:20-cv-00366
· · · · · · · · · · · · · · · · · :
· · ·REGENTS FOR THE STATE OF· · ·:
10· ·IOWA; BRIAN FERENTZ; and· · ·:
· · ·CHRISTOPHER DOYLE,· · · · · ·:
11· · · · · · · · · · · · · · · · :
· · · · · · ·Defendants.· · · · · :
12· ·- - - - - - - - - - - - - -
13
14
15· · · · VIDEO-RECORDED DEPOSITION OF MARCEL JOLY,
16· ·taken via Zoom by the Defendants, before Sonya M.
17· ·Wright, Certified Shorthand Reporter of the State of
18· ·Iowa, commencing at 9:00 a.m. CST, Thursday, May 19,
19· ·2022.
20
21
22
23
24
25· · · SONYA M. WRIGHT - CERTIFIED SHORTHAND REPORTER

App. 251
MARCEL JOLY· 05/19/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · · · ·APPEARANCES ·1· · · · · · · · · · TABLE OF CONTENTS
·2· ·For the Plaintiffs: ·2· ·WITNESS:· MARCEL JOLY· · · · · · · · · · · · · ·PAGE
· · ·(Appearing via Zoom)
·3 ·3· ·Examination By Mr. Stone ..........................6
· · · · · BEATRIZ MATE-KODJO, ESQ. ·4· ·Examination By Mr. Solomon-Simmons ...............71
·4· · · · BMK Law Firm, PLLC ·5· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
· · · · · 1910 Washington Street, Suite 100 · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·5· · · · Pella, Iowa· 50219 ·6
·7· ·77 - Joly Answers to Interrogatories, 19 pages ....9
·7· · · · Solomon Simmons Law ·8· ·78 - Joly Amended Objections and Answers to ......10
· · · · · 601 South Boulder Avenue, Suite 600-A · · · · · Interrogatories
·8· · · · Tulsa, Oklahoma· 74119 ·9
·9· ·For Defendants Ferentz and University of Iowa: · · ·REPORTER'S NOTE:
· · ·(Appearing via Zoom)
10
10
· · · · · ROGER W. STONE, ESQ. · · ·Original exhibits marked and distributed
11· · · · Simmons, Perrine, Moyer, Bergman, PLC 11· ·electronically
· · · · · 115 Third Street SE, Suite 1200 12· ·Quoted text is as stated by the speaker
12· · · · Cedar Rapids, Iowa· 52401 · · ·[phn] indicates a phonetic spelling
13· ·For Defendants:
14· · · · JEFFREY C. PETERZALEK, ESQ.
13· ·[sic] indicates the text is as stated
· · · · · CHRISTOPHER DEIST, ESQ. 14
15· · · · Office of the Attorney General 15
· · · · · Assistant Attorney General 16
16· · · · Hoover State Office Building, Second Floor 17
· · · · · 1305 East Walnut Street, Second Floor 18
17· · · · Des Moines, Iowa 50319
18· ·Videographer: 19
19· · · · AMY COOPER, Fidelity Video Services, Inc. 20
20 21
21 22
22 23
23
24 24
25 25
Page 3 Page 5
·1· · · · · · · · ·APPEARANCES (continued) ·1· · · · · · ·VIDEOGRAPHER:· Today's date is May 19th,
·2· ·Also present: ·2· ·2022, and the approximate time is 9:01 a.m. Central
· · ·(via Zoom) ·3· ·Time.· This begins the video deposition of Marcel
·3 ·4· ·Joly requested by the defense in the matter of Akrum
·4· · · · Darian Cooper, Plaintiff
·5· ·Wadley, et al., plaintiffs, versus University of
· · · · · Jonathan Parker, Plaintiff
·5· · · · Akrum Wadley, Plaintiff ·6· ·Iowa, et al., defendants, in the United States
· · · · · Kirk Ferentz, University representative ·7· ·District Court for the Southern District of Iowa,
·6· · · · Christopher Doyle, Defendant ·8· ·Central Division, Case Number 4:20-cv-00366.
·7 ·9· · · · · · ·This deposition is being held via Zoom
·8 10· ·videoconference in remote locations.· My name is Amy
·9 11· ·Cooper, certified legal videographer of Fidelity
10 12· ·Video Services, Incorporated, West Des Moines, Iowa.
11
13· ·Counsel will please identify themselves for the
12
14· ·record.
13
16 17· · · · · · ·MR. SOLOMON-SIMMONS:· Damario
17 18· ·Solomon-Simmons for the plaintiffs.
18 19· · · · · · ·VIDEOGRAPHER:· The oath will now be
19 20· ·administered by Sonya Wright, certified shorthand
21
22· ·Iowa.
22
23 23· · · · · · ·COURT REPORTER:· Would you raise your
24 24· ·right hand, please.· Do you solemnly swear or affirm
25 25· ·the testimony you're about to give will be the

App. 252
Page 10 Page 12
·1· ·marked as Exhibit 78, which are identified as your ·1· ·school to get another opportunity.
·2· ·amended objections and answers to interrogatories. ·2· · · · · · ·So yes, I believe that for the fact -- for
·3· ·Are you familiar with this document? ·3· ·the fact that I went to the University of Iowa, it
·4· · · · A.· ·Yes. ·4· ·had stopped me from doing a lot of things when it
·5· · · · Q.· ·Did you happen to review it in the recent ·5· ·comes to football, coaching football.· When I came
·6· ·days leading up to your deposition? ·6· ·home, there was nobody to help me get anywhere else.
·7· · · · A.· ·Yes. ·7· ·The University of Iowa just left you out in the dry.
·8· · · · Q.· ·At the end, on page 17, is that your ·8· · · · · · ·That's not just me.· There's other black
·9· ·signature on these answers to interrogatories? ·9· ·players, Eric Grimm, that's going through the same
10· · · · A.· ·It is. 10· ·thing right now.· Have nowhere to go.· They just
11· · · · Q.· ·Thank you.· This particular exhibit is a 11· ·send you back to the ghetto, send you back home.
12· ·compare copy, Exhibit 78, Mr. Joly, where we've 12· ·That's what they do.
13· ·compared your answers given this week to what was 13· · · · Q.· ·(By Mr. Stone) Mr. Joly, as I understand
14· ·sent to us by your counsel in September of 2021. I 14· ·what you're telling me, that you were -- is it
15· ·want to find -- Interrogatory Number 17.· And you 15· ·during the time that you were trying to become a
16· ·can take the time you would like to review it. 16· ·graduate transfer to some other school?· Is that
17· · · · · · ·The question asked, "Have you attempted to 17· ·what you were telling us about?
18· ·minimize the amount of your lost income?· If so, 18· · · · A.· ·Yes.
19· ·describe how.· If not, explain why not." 19· · · · Q.· ·It didn't have anything to do with
20· · · · · · ·And your answer states that you have not 20· ·applications for coaching jobs, correct?
21· ·applied for any open coaching jobs.· You believe 21· · · · A.· ·I was afraid to apply for those coaching
22· ·doing so would be futile, "as no coaches have 22· ·jobs.
23· ·reached out to him because Defendants have 23· · · · Q.· ·Well, and you haven't applied for any
24· ·disparaged him." 24· ·coaching job, have you?
25· · · · · · ·What evidence do you have to support your 25· · · · A.· ·The case is still ongoing.· I'm not sure
Page 11 Page 13
·1· ·sworn statement under oath that the defendants have ·1· ·where my fate will lie.· I'm here telling my truth.
·2· ·disparaged you? ·2· ·So no, I have not applied for no coaching jobs for
·3· · · · A.· ·Can you repeat the question again? ·3· ·the fear I may not get the position.· So I have to
·4· · · · · · ·MR. STONE:· I'll ask the reporter to read ·4· ·figure out another route, another way to make
·5· ·it back. ·5· ·something out of my life.
·6· · · · · · ·(Record read as requested.) ·6· · · · Q.· ·What evidence do you have that any of the
·7· · · · A.· ·So, again, when I left the University of ·7· ·defendants in this case have disparaged you to any
·8· ·Iowa, I couldn't even get the coaches to help put a ·8· ·other person that's involved with a coaching job or
·9· ·tape together for me to be able to move on to go to ·9· ·a football program?· What evidence do you have?
10· ·another university, so when I was calling coaches 10· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
11· ·when I came home, they would follow up with coaches 11· · · · Q.· ·(By Mr. Stone) You can answer the
12· ·at the University of Iowa, and next thing I know, I 12· ·question.
13· ·never heard back from them. 13· · · · A.· ·Again, I didn't have a highlight tape.
14· · · · · · ·That was from Morgan State University. 14· ·That was -- that's my evidence.· Not having that
15· ·That was Bowie State University.· That was Towson 15· ·highlight tape after putting -- after giving the
16· ·University.· Every coach I would reach out to -- I'm 16· ·University of Iowa all that I had until I got
17· ·not sure if they would normally reach out to the 17· ·hurt -- after giving them all that I had, for them
18· ·University of Iowa because I didn't have a valid 18· ·not to give me -- not to provide me a highlight
19· ·tape to provide to these coaches. 19· ·tape, that's my evidence.· That's what gives me the
20· · · · · · ·So the tape that I had Miles made for me, 20· ·key to move away from football for so many years.
21· ·Miles Taylor -- the tape was made from an iPad that 21· ·That's my evidence.
22· ·we had, and I was -- I had another iPad that the 22· · · · Q.· ·Do you know what the word "disparage"
23· ·university provided to all athletes.· I was using 23· ·means?
24· ·that same iPad to be able to provide -- to make my 24· · · · A.· ·Say it again.
25· ·highlight tape to be able to send it over to another 25· · · · Q.· ·Do you know what the word "disparage"

App. 253
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·1· · · · Q.· ·Let's talk about that one.· Is it correct ·1· ·like "It's not right," but at that moment, Chris
·2· ·that you bought an automobile with your then ·2· ·White was just so afraid to, like, even say anything
·3· ·girlfriend Shae Scott? ·3· ·back to us to try and help us.
·4· · · · A.· ·Yes. ·4· · · · Q.· ·So what is it that Chris White said to you
·5· · · · Q.· ·Did you buy it during your sophomore year ·5· ·about the automobile, if you can recall?
·6· ·in 2015 with Ms. Scott? ·6· · · · A.· ·Excuse me?
·7· · · · A.· ·Yes. ·7· · · · Q.· ·What is it that Chris White -- Coach Chris
·8· · · · Q.· ·How long did the two of you date or were ·8· ·White said to you about the automobile?
·9· ·you together with Ms. Scott, Mr. Joly? ·9· · · · A.· ·He was asking me where did I get it from,
10· · · · A.· ·I don't recall. 10· ·how did I get it, where did it come from.· He
11· · · · Q.· ·What happened to the car after you were 11· ·started accusing me of, like, stealing it or, like,
12· ·done dating? 12· ·not paying -- not using my resources to get it,
13· · · · A.· ·The car was sold. 13· ·because at the time, Chris White was seeing how I
14· · · · Q.· ·Was your name on the title?· Do you 14· ·was dressing.· He saw the shoes.· Like, how I
15· ·remember? 15· ·carried myself was just too flashy for him.
16· · · · A.· ·Yes. 16· · · · · · ·So that was his way of trying to tell me
17· · · · Q.· ·Was there an occasion when you drove it to 17· ·that I was showing too much, I was being too flashy.
18· ·the football building? 18· ·Because in my class, I was the only guy that had a
19· · · · A.· ·Yes.· That was my way of getting to the 19· ·BMW that was driving it to the school.· So the way I
20· ·complex. 20· ·was moving was just too flashy for him.
21· · · · Q.· ·Did you drive it there in 2015? 21· · · · · · ·So when he brought me into his office, it
22· · · · A.· ·Yes. 22· ·was his way of telling me "Marcel, what are you
23· · · · Q.· ·Was it in 2015 that you had your 23· ·doing with your life?· Like, you look you're over
24· ·conversation with Coach Chris White about the 24· ·here --" the conversation didn't go like that, but
25· ·vehicle? 25· ·he was basically saying, "You look like you're
Page 23 Page 25
·1· · · · A.· ·Yes, I believe so.· Right after I got it, ·1· ·stealing."
·2· ·probably the next day. ·2· · · · Q.· ·You said "the conversation didn't go like
·3· · · · Q.· ·So you think this was maybe the first time ·3· ·that."· What does that mean?
·4· ·that you drove the vehicle to the football building, ·4· · · · A.· ·Like how I'm speaking.· But he mentioned
·5· ·you had a conversation with Coach Chris White about ·5· ·that I did steal the car, where did I get the
·6· ·the vehicle? ·6· ·legitimate means to purchase the vehicle.· That was
·7· · · · A.· ·Yes. ·7· ·Chris White's words.
·8· · · · Q.· ·Describe that event for me or that ·8· · · · Q.· ·And what did he tell you?· Or what did you
·9· ·conversation, Mr. Joly, with you coming up to the ·9· ·tell him?
10· ·building.· And then what happens after that? 10· · · · A.· ·I told him how I got the vehicle and I
11· · · · A.· ·I was leaving class, and then I went to 11· ·started laughing when he first said it, because I
12· ·the LC, and from leaving the LC, it was time for us 12· ·couldn't understand why he would check me out about
13· ·to grab our team meal.· And I pulled up on the side 13· ·the car that I got.
14· ·of the -- I believe Shae was with me too, but I 14· · · · Q.· ·What did you tell him about how you got
15· ·don't recall the whole incident because it happened 15· ·the car?
16· ·a while ago, but I pulled up to the side of the 16· · · · A.· ·I told him me and Shae bought the vehicle.
17· ·building, and Chris White -- normally all the 17· ·And we had went, I believe, to eat with -- at his
18· ·coaches have access where to sit at to see outside 18· ·house one time too, and he also had mentioned the
19· ·the window. 19· ·same thing about the vehicle.
20· · · · · · ·Chris White saw the car, and then he just 20· · · · Q.· ·I'm sorry.· I just didn't understand that,
21· ·started acting -- like, just started just acting 21· ·Mr. Joly.· Can you tell me what you just told me
22· ·weird, "Where did you get the car?"· Like just 22· ·again?
23· ·started asking me questions that I just really felt 23· · · · A.· ·The running backs normally eats with their
24· ·uncomfortable, and I was sitting with him too, and I 24· ·position coach, so I drove the vehicle to his house
25· ·went up and told the other guys about it and was 25· ·with a couple of my teammates, and he also was

App. 254
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·1· ·questioning me about -- the same questions about the ·1· · · · Q.· ·Well, my question to you is whether he was
·2· ·vehicle, how I was able to afford the vehicle, where ·2· ·involved in questioning you about it, not whether he
·3· ·did I get the vehicle from, where am I getting all ·3· ·was aware of it.
·4· ·this money, why am I so flashy, why am I showing too ·4· · · · A.· ·Involved in questioning me?· No.
·5· ·much. ·5· · · · Q.· ·The only one that questioned you about it
·6· · · · Q.· ·Was this after the conversation at the ·6· ·directly was Coach Chris White?
·7· ·football building? ·7· · · · A.· ·Yeah.· He was my position coach.· My
·8· · · · A.· ·Yes. ·8· ·position coach.· He called me in his office.
·9· · · · Q.· ·How long after that, if you can recall? ·9· · · · Q.· ·And just so that we're clear, Brian
10· · · · A.· ·I don't recall.· Chris White was also 10· ·Ferentz didn't question you about your automobile,
11· ·afraid for what the coaches could do to him, so a 11· ·correct?
12· ·lot of time, when he was talking to us black 12· · · · A.· ·I don't recall.
13· ·players, he would be afraid to really tell us how he 13· · · · Q.· ·Coach Chris Doyle didn't question you
14· ·would feel, so he would tell us to go talk to the 14· ·about your automobile, correct?
15· ·coaches, go talk to the head man, Kirk Ferentz, go 15· · · · A.· ·I don't recall.
16· ·talk to Doyle, rather than him being the middle man 16· · · · Q.· ·Coach Seth Wallace didn't question you
17· ·to go ahead and bridge that gap to help us -- to 17· ·about your automobile, did he?
18· ·help the coaches understand what we were going 18· · · · A.· ·I don't recall.
19· ·through. 19· · · · Q.· ·You go on in Interrogatory Answer Number
20· · · · Q.· ·In your answer to Interrogatory Number 10, 20· ·10 to say that "Coach Chris White did not believe
21· ·you were asked in subpart B the name of each member 21· ·Plaintiff Joly and continued to make comments to
22· ·of the University coaching staff who engaged in this 22· ·Plaintiff Joly throughout his tenure."
23· ·questioning, and you identify only Coach Chris 23· · · · · · ·Is that referring to the time that you
24· ·White, correct? 24· ·went over to his house for dinner and he questioned
25· · · · A.· ·Yes. 25· ·you again about the automobile?
Page 27 Page 29
·1· · · · Q.· ·Is that true, that only Chris White ·1· · · · A.· ·That was one scenario, yes.
·2· ·questioned you about your automobile? ·2· · · · Q.· ·Were there other times he questioned you
·3· · · · A.· ·I mean, Bobby Kennedy was his right-hand ·3· ·about the automobile?
·4· ·man.· They both said something to me about it.· They ·4· · · · A.· ·No.· I started parking far from the
·5· ·used to call me Jaho [phonetic].· Again, I was just ·5· ·complex and walking because I didn't want to be
·6· ·this flashy kid.· Like, they didn't know how to ·6· ·questioned by nobody.
·7· ·speak with me.· They didn't know how I was able to ·7· · · · Q.· ·Besides the two times you've told me, once
·8· ·get the vehicle while I'm still in school. ·8· ·at Chris White's house and once at the football
·9· · · · · · ·Didn't nobody care to understand and ask ·9· ·building, did Coach Chris White make any further
10· ·us questions.· They just was so quick to assume.· If 10· ·comments to you about your automobile, if you can
11· ·you're a black player, you were doing this wrong, 11· ·recall?
12· ·you were doing this, you was doing that.· So that's 12· · · · A.· ·I can't recall.
13· ·that.· Like, they really assumed -- there was a lot 13· · · · Q.· ·Were those two incidents that you can
14· ·of assuming.· Nobody really cared to understand who 14· ·recall both in the year 2015?
15· ·we really were and understood what we were going 15· · · · A.· ·Yes.
16· ·through.· Nobody cared.· It was just assuming that 16· · · · Q.· ·Have you told me, Mr. Joly, everything you
17· ·that's what we were doing. 17· ·can recall about the questioning by anyone on the
18· · · · Q.· ·You were asked in Number 10 the name of 18· ·coaching staff about your automobile?
19· ·each number of the University football coaching 19· · · · A.· ·Yes.
20· ·staff who engaged in this questioning, and you 20· · · · Q.· ·And then let's go back to Interrogatory
21· ·identified Coach Chris White.· Are you now telling 21· ·Number 9.· Let me go up to the top and show you that
22· ·me that also Coach Kennedy was involved in the 22· ·we're talking about Interrogatory Number 9, and then
23· ·questioning? 23· ·I'll scroll down to your answer.· It says that
24· · · · A.· ·Bobby Kennedy was aware, yes.· He was 24· ·"Coach Chris White saw Plaintiff Joly wearing a tank
25· ·aware of the whole situation. 25· ·top and asked for Plaintiff Joly to meet him in his

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·1· ·office."· Do you recall this incident? ·1· ·life on the Iowa way.
·2· · · · A.· ·Repeat the question. ·2· · · · Q.· ·Did you do anything different after that?
·3· · · · Q.· ·Yes.· It says in the second sentence, ·3· · · · A.· ·I've always done something different.
·4· ·"Coach Chris White saw Plaintiff Joly wearing a tank ·4· ·That's how I was able to graduate.· Again, I stay
·5· ·top and asked for Plaintiff Joly to meet him in his ·5· ·out of sight.· That's why a lot of them -- a lot of
·6· ·office."· My question is, do you recall that ·6· ·coaches, we didn't have no relationship.
·7· ·incident? ·7· · · · Q.· ·After this discussion with Coach White,
·8· · · · A.· ·Yes. ·8· ·did he talk to you again about your tattoos?
·9· · · · Q.· ·When did that occur in relationship to the ·9· · · · A.· ·I don't recall.· I have a lot of tattoos,
10· ·visit about the automobile? 10· ·so coaches -- and I got them pretty often during the
11· · · · A.· ·I don't recall exactly when, but it was 11· ·season, and coaches seen my tattoos.· They have
12· ·just another one of them scenarios when I was going 12· ·always judged me for my tattoos or have something to
13· ·for a team lunch, and I had a tank top on and he 13· ·say about my tattoos.· I also have a brand, Omega
14· ·seen me.· All the coaches was in -- was also coming 14· ·Psi Phi branding that's on my arm.
15· ·to get food from their office, from the back office. 15· · · · · · ·They have always questioned what they are
16· ·That's when he told me to come to his office. 16· ·but never cared to understand.· Like, they always
17· · · · Q.· ·Was this the first time that Coach Chris 17· ·ask what they are, but there's not a relationship
18· ·White had talked to you about your tattoos? 18· ·there where we can elaborate on what the tattoos
19· · · · A.· ·No.· He always said something about my 19· ·mean, but they always was quick to judge you, on the
20· ·tattoos, asking what they are, what they mean, "What 20· ·car, on the tattoos, earrings, all that.· That's the
21· ·is this?· What is that?"· All the coaches did that. 21· ·Iowa culture.
22· · · · Q.· ·So when did Coach Chris White first talk 22· · · · Q.· ·Did -- in your answer, you don't mention
23· ·to you about your tattoos?· This time when he called 23· ·Brian Ferentz or Seth Wallace, do you?
24· ·you into the office, or had he talked to you 24· · · · A.· ·No.
25· ·earlier? 25· · · · Q.· ·Did Brian Ferentz talk to you about your
Page 31 Page 33
·1· · · · A.· ·He had talked to me earlier.· Because ·1· ·tattoos?
·2· ·Chris White was my recruiter.· He -- I was getting ·2· · · · A.· ·I don't recall.
·3· ·tattoos when he was coming to my high school, so he ·3· · · · Q.· ·Did Coach Seth Wallace talk to you about
·4· ·knew I had a lot of tattoos.· He was just telling me ·4· ·your tattoos?
·5· ·that was not the Iowa way. ·5· · · · A.· ·I don't recall.
·6· · · · Q.· ·So he asked you to come into his office? ·6· · · · Q.· ·Did Coach Chris Doyle talk to you about
·7· · · · A.· ·Yes. ·7· ·your tattoos?
·8· · · · Q.· ·What year? ·8· · · · A.· ·I don't recall but -- I don't recall -- I
·9· · · · A.· ·I don't recall.· It may have been 2015, ·9· ·don't recall.
10· ·2016.· I don't recall. 10· · · · Q.· ·Did you visit with a counselor or a
11· · · · Q.· ·It was one of those two years? 11· ·therapist at any time that you were part of the Iowa
12· · · · A.· ·Yes. 12· ·football program?
13· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. 13· · · · A.· ·No.
14· · · · Q.· ·(By Mr. Stone) Well, Mr. Joly, it occurred 14· · · · Q.· ·Do you know the name Kelli Moran-Miller?
15· ·after the automobile discussion; is that true? 15· · · · A.· ·I've heard of her, yes.
16· · · · A.· ·Yes. 16· · · · Q.· ·Did you ever have a meeting with her or
17· · · · Q.· ·Can you be any more specific about the 17· ·visit with her?
18· ·time? 18· · · · A.· ·I don't recall.
19· · · · A.· ·I don't recall. 19· · · · Q.· ·Do you know who replaced Kelli
20· · · · Q.· ·What did Coach Chris White say to you? 20· ·Moran-Miller?
21· · · · A.· ·When I saw him in regards to the tank top? 21· · · · A.· ·No.
22· · · · Q.· ·Yes. 22· · · · Q.· ·Did you meet with John Bruno at any time?
23· · · · A.· ·He was just telling me that that wasn't 23· · · · A.· ·Yes.· John Bruno was a key asset to my
24· ·the Iowa way and if I wanted to last in the program, 24· ·success at Iowa, and he didn't even recruit me.· But
25· ·I need to start tightening up and start living my 25· ·yes.

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·1· · · · A.· ·After I graduated, I didn't know what I ·1· · · · A.· ·I believe we cut down trees.· I don't
·2· ·wanted to do. ·2· ·recall anything else.
·3· · · · Q.· ·Did you talk with other football programs ·3· · · · Q.· ·What was that community service for?· What
·4· ·about possibly taking your last year of eligibility ·4· ·happened that led you to get community service?
·5· ·and going to their programs? ·5· · · · A.· ·I don't recall the exact reason.
·6· · · · A.· ·Yes. ·6· · · · Q.· ·Do you know when you got that community
·7· · · · Q.· ·Which schools did you think about ·7· ·service?· Was it early in your career at Iowa?· Was
·8· ·transferring to so that you could continue to play? ·8· ·it late?· What do you recall?
·9· · · · A.· ·I don't recall every school.· I believe I ·9· · · · A.· ·That was probably early, I would say.
10· ·talked to schools back home.· Morgan.· Morgan State 10· · · · Q.· ·Can you be more specific as to the year?
11· ·University.· Towson University.· That was the two 11· · · · A.· ·Maybe sophomore year.
12· ·schools.· Again, I didn't have no highlights so I 12· · · · Q.· ·That would have, then, been in the year
13· ·couldn't -- I didn't have no way to reach out. 13· ·2015; is that right?
14· · · · Q.· ·Did you get any offers from other schools, 14· · · · A.· ·Correct.
15· ·such as Morgan State or Towson, to come and play 15· · · · Q.· ·Was that the last time that you recall
16· ·football there? 16· ·getting community service, was in 2015?
17· · · · A.· ·No, but I did receive offers from the 17· · · · A.· ·I don't recall.
18· ·University of Maryland, Vanderbilt, Old Dominion, 18· · · · Q.· ·Did Brian Ferentz ever use the N-word
19· ·and I believe another school, prior to coming to the 19· ·directly to you?
20· ·University of Iowa. 20· · · · A.· ·No.
21· · · · Q.· ·Those were before you came to Iowa in 21· · · · Q.· ·Did Brian Ferentz ever call you a gang
22· ·2014, correct? 22· ·member or say words to the effect of "What gang are
23· · · · A.· ·Correct. 23· ·you in?"
24· · · · Q.· ·Did you go back to any of those schools in 24· · · · A.· ·I don't recall.
25· ·early 2018 to see if they were interested in you 25· · · · Q.· ·Did Brian Ferentz ever call you a stupid
Page 47 Page 49
·1· ·participating as a graduate transfer? ·1· ·MF?
·2· · · · A.· ·No. ·2· · · · A.· ·Maybe a dumb motherfucker.· I'm not sure
·3· · · · Q.· ·Other than playing time, what discipline ·3· ·about stupid.
·4· ·or punishment did you receive, if any, during the ·4· · · · Q.· ·Did Brian Ferentz ever say to you, "Go
·5· ·Iowa football program participation that you were ·5· ·back to the ghetto" or words to that effect?
·6· ·in? ·6· · · · A.· ·I don't recall.
·7· · · · A.· ·Can you repeat the question? ·7· · · · Q.· ·Did Brian Ferentz ever use a derogatory
·8· · · · Q.· ·I understand you have complaints about ·8· ·term or name in relationship to you?
·9· ·your playing time, correct? ·9· · · · A.· ·When you say "derogatory term," what do
10· · · · A.· ·This is not why we're here. 10· ·you mean by that?
11· · · · Q.· ·Well, what punishments, if any, did you 11· · · · Q.· ·Something that is demeaning or abusive or
12· ·receive from the Iowa football program? 12· ·a racial slur or racial epithet or something like
13· · · · A.· ·I don't recall. 13· ·that.
14· · · · Q.· ·What discipline did you receive, if any, 14· · · · A.· ·I don't recall.
15· ·from the Iowa football program? 15· · · · Q.· ·Were you present when Jonathan Parker was
16· · · · A.· ·Can you repeat the question? 16· ·running in the end zone and tossed the ball to Coach
17· · · · Q.· ·What discipline, if any, did you receive 17· ·Brian Ferentz and told him to go do it himself?
18· ·from the Iowa football program? 18· · · · A.· ·Yes.
19· · · · A.· ·I've gotten community service hours. 19· · · · Q.· ·What were you doing on the field at the
20· · · · Q.· ·What kind of community service did you do? 20· ·time?
21· · · · A.· ·I believe one time, it was Christmas, we 21· · · · A.· ·At the time, we were just finishing up
22· ·had to lift Christmas trees and put them on people's 22· ·with a drill.· I believe I was in the turn or maybe
23· ·back of trucks and stuff. 23· ·on the sideline waiting to run down for the drill.
24· · · · Q.· ·Can you recall anything else that you did 24· ·So I was either on the sideline or maybe in line to
25· ·for community service besides the Christmas trees? 25· ·be one of those guys running down to make a play on

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·1· ·whoever -- ·1· · · · Q.· ·Did you witness Brian Ferentz kick a
·2· · · · Q.· ·Tell me -- ·2· ·garbage can that day when he had the exchange with
·3· · · · · · ·(Simultaneous speaking.· Court reporter ·3· ·Jonathan Parker?
·4· ·interruption.) ·4· · · · A.· ·Yes.· I don't recall if it was at the same
·5· · · · A.· ·Whoever was running the ball. ·5· ·time, because we have different practices switch
·6· · · · Q.· ·I didn't mean to interrupt you, Mr. Joly. ·6· ·around.· It may have been at the same practice but
·7· ·Were you finished with your answer? ·7· ·different time.
·8· · · · A.· ·Yes. ·8· · · · Q.· ·Did Coach Brian Ferentz ever say anything
·9· · · · Q.· ·Tell me what you recall about that event. ·9· ·to you about your hair?
10· · · · A.· ·All that I recall was that it was just a 10· · · · A.· ·I don't recall.
11· ·bad play.· I mean, sometimes you get turf toe when 11· · · · Q.· ·Did Brian Ferentz ever say anything to you
12· ·you try to make a cut and your foot gets stuck. I 12· ·about your clothing?
13· ·don't know the exact situation that happened, but I 13· · · · A.· ·I don't recall.
14· ·heard it.· I was on the side.· I saw when JP tossed 14· · · · Q.· ·Did Brian Ferentz ever say anything to you
15· ·the ball to Brian Ferentz.· It was all on tape. 15· ·about your jewelry?
16· · · · · · ·At the time, we was all shocked, but when 16· · · · A.· ·I don't recall.
17· ·Brian Ferentz just started lashing out, he turned 17· · · · Q.· ·Did Brian Ferentz ever say anything to you
18· ·red, started cussing, started calling him a stupid 18· ·about the way that you speak?
19· ·motherfucker.· He never personally called me a 19· · · · A.· ·I don't recall.
20· ·stupid motherfucker.· Called him a stupid 20· · · · Q.· ·Did Brian Ferentz ever say anything to you
21· ·motherfucker, "Get the fuck off my field.· Do you 21· ·about the way that you walked?
22· ·know who the fuck I am?"· Just started spasming. 22· · · · A.· ·I don't recall.
23· · · · Q.· ·Did you hear what Jonathan Parker said to 23· · · · Q.· ·Did Brian Ferentz ever mock or make fun of
24· ·Coach Brian Ferentz? 24· ·you or ridicule you about your hair?
25· · · · A.· ·From where I was, I couldn't personally 25· · · · A.· ·I don't recall.
Page 51 Page 53
·1· ·hear it, but later on, all of us did speak about it. ·1· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·2· · · · Q.· ·I'm sorry.· I didn't hear the last part of ·2· ·you, or ridicule you about your tattoos?
·3· ·that. ·3· · · · A.· ·I don't recall.
·4· · · · A.· ·Later on, it was known what had happened ·4· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·5· ·at practice. ·5· ·you, or ridicule you about your clothing?
·6· · · · Q.· ·Later on, you learned what Jonathan Parker ·6· · · · A.· ·I don't recall.
·7· ·had said? ·7· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·8· · · · A.· ·Right. ·8· ·you, or ridicule you about your jewelry?
·9· · · · Q.· ·How did you learn what Jonathan Parker had ·9· · · · A.· ·I don't recall.
10· ·said? 10· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
11· · · · A.· ·Not learned.· We was out there.· But, 11· ·you, or ridicule you about the way that you talk?
12· ·like, from where I was from where he was, I couldn't 12· · · · A.· ·I don't recall.
13· ·hear exactly what he was saying.· All we saw was 13· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
14· ·Brian Ferentz just lashing out, going crazy. 14· ·you, or ridicule you about the way that you walked?
15· · · · Q.· ·Did Jonathan Parker later tell you what he 15· · · · A.· ·I don't recall.
16· ·had said? 16· · · · Q.· ·The same questions with respect to Coach
17· · · · A.· ·He was kicked out of the workout.· Yes. 17· ·Seth Wallace.· Did Coach Seth Wallace ever use the
18· ·Sorry.· Yes, Jonathan Parker did tell us when we got 18· ·N-word directed at you?
19· ·back to the locker room. 19· · · · A.· ·I don't recall.
20· · · · Q.· ·What did Jonathan Parker tell you that he 20· · · · Q.· ·Did Seth Wallace ever say to you "What
21· ·had said? 21· ·gang are you in?" or gang member or gang affiliation
22· · · · A.· ·I don't recall. 22· ·or words to that effect?
23· · · · Q.· ·Can you recall anything else about the 23· · · · A.· ·I don't recall.
24· ·incident that you've not yet told me? 24· · · · Q.· ·Did Coach Seth Wallace ever call you a
25· · · · A.· ·No. 25· ·stupid MF?

App. 258
Page 58 Page 60
·1· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·1· · · · Q.· ·Do you recall an occasion that causes you
·2· ·you, or ridicule you about your jewelry? ·2· ·to say yes?
·3· · · · A.· ·I don't recall. ·3· · · · A.· ·He wouldn't use the specific words "Go
·4· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·4· ·back to the ghetto," but he would make it -- he
·5· ·you, or ridicule you about the way that you speak? ·5· ·would -- Doyle understood his power and how much he
·6· · · · A.· ·I don't recall. ·6· ·has over your career or your future.· He wouldn't
·7· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·7· ·tell you "Go back to the ghetto," exactly "Go back
·8· ·you, or ridicule you about the way that you walk? ·8· ·to the ghetto."
·9· · · · A.· ·I don't recall. ·9· · · · · · ·He would literally start disrespecting
10· · · · Q.· ·Did Coach Chris Doyle ever use the N-word 10· ·you, calling you a dumb motherfucker, make you feel
11· ·directed at you? 11· ·like you wasn't part of the team, that you didn't
12· · · · A.· ·No. 12· ·deserve to be there.· Like, I ain't never seen him
13· · · · Q.· ·Did Coach Doyle ever say, "What gang are 13· ·treat other players that was going through the same
14· ·you in?" or call you a gang member or talk about 14· ·scenarios, that was getting the same amount of minor
15· ·your gang affiliation or words to that effect? 15· ·trouble -- he did not treat them the same way.
16· · · · A.· ·Yes. 16· · · · · · ·He would disrespect us, call us stupid
17· · · · Q.· ·What incident can you recall that involved 17· ·motherfuckers, dumb motherfuckers.· And that was
18· ·that? 18· ·every day.· That was every practice.· It was like
19· · · · A.· ·He had seen me with my fraternity bracelet 19· ·we -- when we said we was walking on the shell, it's
20· ·one morning while we were stretching.· Other 20· ·like everybody, you're going to accomplish, you're
21· ·players -- all the white players always had 21· ·going for one mission, it's to get the work done and
22· ·wristbands.· You had -- Josey Jewell -- if it wasn't 22· ·go home, because if you stay in that complex longer
23· ·Iowa related, you couldn't have it on. 23· ·than what you're expected, by being a black player,
24· · · · · · ·But that day I had my Iowa wristband on 24· ·you will be targeted by when the coaches thinking
25· ·during that workout.· He walked by and he seen it 25· ·that their jokes -- or what they like to call jokes
Page 59 Page 61
·1· ·and he was, like, "I don't know why the fuck you ·1· ·are funny when we were actually really hurting but
·2· ·guys be joining these fraternities.· They're so ·2· ·we really have nobody to really talk to and express
·3· ·stupid to me.· Your real brotherhood is only on the ·3· ·exactly what we're going through.
·4· ·football team." ·4· · · · Q.· ·Have you now told me everything that you
·5· · · · · · ·And as he said that, I wanted to say ·5· ·can recall about were related to the words that
·6· ·something to him, but Raimond Braithwaite was in the ·6· ·Coach Doyle would use regarding "Go back to the
·7· ·facil -- he was there at the time.· He looked at me, ·7· ·ghetto" or words to that effect?
·8· ·shook his head, because he knew what Doyle had said ·8· · · · A.· ·Yes.
·9· ·was not right. ·9· · · · Q.· ·Did Coach Doyle ever say anything to you
10· · · · · · ·There was nothing that I could have said 10· ·about your hair?
11· ·to him.· It was either I was going to get kicked out 11· · · · A.· ·Yes.· I remember one time, I had a part in
12· ·because he wouldn't care to hear what I had to say. 12· ·my hair.· He was just asking, like, "What is that?
13· ·But he said that.· That's what he said. 13· ·What is that in your hair?"
14· · · · Q.· ·Was there any other occasion that you say 14· · · · Q.· ·Anything else that he said about your
15· ·that Coach Doyle talked about gang affiliation or 15· ·hair?
16· ·what gang you are in or that you were a gang member, 16· · · · A.· ·I don't recall, but we had other players
17· ·other than the one you just told me about? 17· ·that had the -- white players on the team that had
18· · · · A.· ·I don't recall. 18· ·the mullet.· Like, they was happy to see those
19· · · · Q.· ·Did Coach Chris Doyle ever call you a 19· ·things.· But if any one of us comes in with our hair
20· ·stupid MF? 20· ·out, an afro, there was always a question, "Why is
21· · · · A.· ·Yes, but I don't recall. 21· ·he walking around like that?· That is not the Iowa
22· · · · Q.· ·Did Coach Doyle ever say words to the 22· ·culture."
23· ·effect of "Go back to the ghetto" or words like 23· · · · · · ·But if you have a part in your hair or
24· ·that? 24· ·anybody else -- any of my team -- black teammates
25· · · · A.· ·Yes. 25· ·have bushed hair -- I remember Derrick Mitchell. I

App. 259
Page 62 Page 64
·1· ·was in the deposition yesterday, and I heard Akrum ·1· ·Mr. Joly, did you also experience issues with your
·2· ·brought up the whole situation. ·2· ·hips?
·3· · · · · · ·I was in the house when Chris White ·3· · · · A.· ·No, I never had no hip issues.· I had back
·4· ·called -- made that call and the phone was on ·4· ·spasms.
·5· ·speaker, and we both heard the interaction about his ·5· · · · Q.· ·Any other injuries that you had during the
·6· ·hair not being the Iowa way because his hair was ·6· ·time that you were participating in the Iowa
·7· ·halfway braid and not fully braided. ·7· ·football program, other than the back spasms and the
·8· · · · Q.· ·Today as you're testifying, you would ·8· ·meniscus injury?
·9· ·agree, of course, that your hair is short? ·9· · · · A.· ·No.
10· · · · A.· ·My hair has always been short.· Yes. 10· · · · Q.· ·Were you ever threatened with losing your
11· · · · Q.· ·When you came to Iowa originally in 2014, 11· ·scholarship?
12· ·was it also short? 12· · · · A.· ·Threatened of losing my scholarship?· No.
13· · · · A.· ·Yes. 13· ·I don't recall.
14· · · · Q.· ·Was there ever a time when your hair was 14· · · · Q.· ·Did you participate in any political
15· ·long, Mr. Joly? 15· ·activities or rallies or events during the time that
16· · · · A.· ·No. 16· ·you were in the Iowa football program?
17· · · · Q.· ·Did Coach Doyle ever say anything to you 17· · · · A.· ·Can you repeat the question?
18· ·about your tattoos, if you recall? 18· · · · Q.· ·Yes.· Did you participate personally in
19· · · · A.· ·I can't recall. 19· ·any political rallies, events, or similar types of
20· · · · Q.· ·Did Coach Doyle ever say anything to you 20· ·things while you were in the Iowa football program?
21· ·about your clothing? 21· ·Did you go to any such things?
22· · · · A.· ·I can't recall. 22· · · · A.· ·No.
23· · · · Q.· ·Did Coach Doyle ever say anything to you 23· · · · Q.· ·Are you a political person?· Are you
24· ·about your jewelry? 24· ·someone who enjoys going to those kinds of things
25· · · · A.· ·I can't recall. 25· ·now?
Page 63 Page 65
·1· · · · Q.· ·Did Coach Doyle ever say anything to you ·1· · · · A.· ·A little bit more now.
·2· ·about the way that you talk? ·2· · · · Q.· ·Did Coach Brian Ferentz ever say anything
·3· · · · A.· ·I can't recall. ·3· ·to you about political activities?
·4· · · · Q.· ·Did Coach Doyle ever say anything to you ·4· · · · A.· ·He said something to the team about it.
·5· ·about the way that you walk? ·5· · · · Q.· ·What do you recall Brian Ferentz said to
·6· · · · A.· ·I can't recall. ·6· ·the team?
·7· · · · Q.· ·Did Coach Doyle ever mock, make fun of ·7· · · · A.· ·I don't recall his exact words, but it
·8· ·you, or ridicule you about your hair? ·8· ·happened during the Colin Kaepernick, the whole
·9· · · · A.· ·I can't recall. ·9· ·kneeling.
10· · · · Q.· ·Did Coach Doyle ever mock, make fun of 10· · · · Q.· ·What do you recall generally, if you can,
11· ·you, or ridicule you about your tattoos? 11· ·what Brian Ferentz said?· If you recall.
12· · · · A.· ·I can't recall. 12· · · · A.· ·I don't recall.
13· · · · Q.· ·Did Coach Doyle ever mock, make fun of 13· · · · Q.· ·How about Coach Doyle?· Do you recall
14· ·you, or ridicule you about your clothing? 14· ·Coach Doyle saying anything about political
15· · · · A.· ·I can't recall. 15· ·activities or involvement?
16· · · · Q.· ·Did Coach Doyle ever mock, make fun of 16· · · · A.· ·My year of getting to the University of
17· ·you, or ridicule you about your jewelry? 17· ·Iowa, they had Donald Trump come on campus. I
18· · · · A.· ·I can't recall. 18· ·didn't feel like voicing my opinion about any
19· · · · Q.· ·Did Coach Doyle ever mock, make fun of 19· ·political party was, like, necessary.· When Donald
20· ·you, or ridicule you about the way that you talk? 20· ·Trump came on campus, it didn't get the confirmation
21· · · · A.· ·I can't recall. 21· ·from the rest of the team of providing him that
22· · · · Q.· ·Did Coach Doyle ever mock, make fun of 22· ·jersey on behalf of the whole team.· So when it came
23· ·you, or ridicule you about the way that you walk? 23· ·to politics and a lot of other things that we were
24· · · · A.· ·I can't recall. 24· ·going through, mostly just kept it to ourself.
25· · · · Q.· ·In addition to your meniscus injury, 25· · · · Q.· ·Were you prevented in any way from

App. 260
Page 66 Page 68
·1· ·expressing a political view that you wanted to ·1· · · · Q.· ·I'm sorry.· You said no?
·2· ·express?· If you know. ·2· · · · A.· ·No.· Yes.
·3· · · · A.· ·I don't know. ·3· · · · Q.· ·Were you part of any leadership group in
·4· · · · Q.· ·Did you ever hear Kirk Ferentz give any ·4· ·the Iowa football program?· Were you elected or
·5· ·instructions to Coach Doyle or Coach Brian Ferentz ·5· ·chosen to be on a leadership group?
·6· ·about how to treat African American players or ·6· · · · A.· ·No.
·7· ·participants in the Iowa football program?· Did you ·7· · · · Q.· ·Were you on any players council at any
·8· ·ever hear any such instructions? ·8· ·time?
·9· · · · A.· ·Repeat the question again. ·9· · · · A.· ·I don't recall.
10· · · · · · ·MR. STONE:· I'll ask the reporter to read 10· · · · Q.· ·Why don't you give us about five minutes
11· ·it back. 11· ·here, Mr. Joly.· We're going to go into the break
12· · · · · · ·(Record read as requested.) 12· ·room and visit and then we'll be back.· Thank you.
13· · · · A.· ·No. 13· · · · · · ·VIDEOGRAPHER:· Off the record at
14· · · · Q.· ·(By Mr. Stone) The same question as to 14· ·10:52 a.m.
15· ·Seth Wallace.· Did you ever hear Coach Kirk Ferentz 15· · · · · · ·(Recess taken from 10:52 to 11:04 a.m.)
16· ·give instructions to Coach Seth Wallace about how to 16· · · · · · ·VIDEOGRAPHER:· On the record at 11:04 a.m.
17· ·treat African American players in the football 17· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Joly, were
18· ·program? 18· ·you ever kicked out of a football practice or event
19· · · · A.· ·No. 19· ·or training by Coach Brian Ferentz, Coach Chris
20· · · · Q.· ·What social media do you use, Mr. Joly? 20· ·Doyle, or Coach Seth Wallace?
21· · · · A.· ·Facebook, Instagram, Twitter, and 21· · · · A.· ·Chris Doyle, yes.
22· ·Snapchat. 22· · · · Q.· ·What were the circumstances of that?
23· · · · Q.· ·What social media did you use at the time 23· · · · A.· ·I believe that was for coming -- waking up
24· ·that you participated in the Iowa football program, 24· ·late.
25· ·if you can recall? 25· · · · Q.· ·Can you give me any more specifics than
Page 67 Page 69
·1· · · · A.· ·Facebook and Instagram. ·1· ·what you just told me?
·2· · · · Q.· ·Can you tell me what your names or titles ·2· · · · A.· ·That was one scenario.· One scenario is I
·3· ·were on the social media that you use? ·3· ·woke up late, went to session, and it was before --
·4· · · · A.· ·Twitter I believe is underscore ·4· ·it was before -- I was there later than I was
·5· ·__Haitianprince77.· Instagram is Haiti.· No. ·5· ·supposed to be for my workout.· He kicked me out.
·6· ·Marcel_ I believe 1804.· And on Facebook, it's just ·6· · · · · · ·Another scenario was -- I can't remember
·7· ·my name, Marcel Joly.· And on Snapchat, it's ·7· ·exactly when, but it was in the weight room lifting
·8· ·HaitianQ. ·8· ·weights, and I had the wrong weight on the bar.· It
·9· · · · Q.· ·Were you tested for drugs, Mr. Joly, ·9· ·was early in the morning.· I had the wrong weight on
10· ·during the time that you were in the Iowa football 10· ·the bar.
11· ·program? 11· · · · · · ·I'm explaining myself to him.· Just like
12· · · · A.· ·Yes. 12· ·he's always doing to all the black players, he'd
13· · · · Q.· ·Did you pass those tests?· Were there any 13· ·never allow us, give us the opportunity to express
14· ·problems? 14· ·ourselves, to really tell him what was wrong.
15· · · · A.· ·No. 15· ·Whatever Doyle saw was what he saw and he stuck with
16· · · · Q.· ·Were you targeted in a way that you were 16· ·that, and he ended up kicking me out of the workout
17· ·tested more often than other participants in the 17· ·for that same reason.
18· ·Iowa program, if you know? 18· · · · Q.· ·Were those the two times that you recall
19· · · · A.· ·I felt like it.· A lot of black players, 19· ·being kicked out of any practice or training or
20· ·we felt like we was on their list a lot of times 20· ·football event that you've already described to me?
21· ·more than the white players.· Some of us was being 21· · · · A.· ·Yes.
22· ·called at late night having to leave our home to 22· · · · Q.· ·Do you know when those events occurred?
23· ·come get a drug test. 23· ·Let's take the first one when you were late for the
24· · · · Q.· ·Did that happen to you individually? 24· ·session.
25· · · · A.· ·No. 25· · · · A.· ·My freshman year.

App. 261

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No.
·7· · · · · · · · · · · · · · · · ·: 4:20-cv-00366
· · · · · · · · · · · · · · · · · ·:
· · ·REGENTS FOR THE STATE OF IOWA;:
·9· ·BRIAN FERENTZ; and CHRISTOPHER:
· · ·DOYLE,· · · · · · · · · · · · :
10· · · · · · · · · · · · · · · · ·:
· · · · · · ·Defendants.· · · · · ·:
11· ·- - - - - - - - - - - - - - - -
12
13
14
15
16· · · ·VIDEO-RECORDED DEPOSITION OF BRANDON SIMON,
19· ·Iowa, commencing at 9:02 a.m., Monday, June 20,
20· ·2022.
21
22
23
24

App. 262
BRANDON SIMON· 06/20/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · A P P E A R A N C E S ·1· · · · · · · · · P R O C E E D I N G S
·2· ·For the Plaintiffs (via Zoom):
· · · · · BEATRIZ MATE-KODJO, ESQ. ·2· · · · · · ·THE VIDEOGRAPHER:· We are on the record.
·3· · · · BMK LAW FIRM PLLC ·3· ·Today's date is June 20th, 2022.· The time on the
· · · · · 1910 Washington Street, Suite 100
·4· · · · Pella, Iowa 50219 ·4· ·video monitor is approximately 9:01 Central Time in
·5· · · · DAMARIO SOLOMON-SIMMONS, ESQ. ·5· ·the video deposition of Brandon Simon requested by
·6· · · · SOLOMON SIMMONS LAW ·6· ·the defense in Akrum Wadley, et al., plaintiffs,
· · · · · 601 South Boulder Avenue, Suite 600-A ·7· ·versus University of Iowa, et al., defendants, in
·8· ·For Defendant Ferentz (via Zoom): ·8· ·the United States District Court for the Southern
· · · · · ROGER W. STONE, ESQ.
·9· ·District of Iowa, Central Division, Case
·9· · · · SIMMONS PERRINE MOYER BERGMAN PLC
· · · · · 115 Third Street Southeast, Suite 1200 10· ·No. 4:20-cv-00366.· This video deposition is being
10· · · · Cedar Rapids, Iowa 52401
11· ·For the Defendants (via Zoom):
11· ·held by Zoom videoconference in multiple locations.
· · · · · JEFFREY C. PETERZALEK, ESQ. 12· · · · · · ·My name is Dennis Goering, certified legal
12· · · · CHRISTOPHER DEIST, ESQ.
13· ·videographer on behalf of Fidelity Video Services of
13· · · · 1305 East Walnut Street, Second Floor 14· ·West Des Moines.
· · · · · Des Moines, Iowa 50319
14
15· · · · · · ·Would counsel please voice identify
15· ·The Witness (via Zoom): 16· ·themselves and state whom they represent.
· · · · · BRANDON SIMON
16
17· · · · · · ·MS. HECKENKEMPER:· Kymberli Heckenkemper
17· ·Videographer (via Zoom): 18· ·for the plaintiffs.
· · · · · DENNIS H. GOERING, LEGAL EAGLES
18
19· · · · · · ·MR. STONE:· Roger Stone for the
19· ·Also present (via Zoom): 20· ·defendants.
· · · · · JAVON FOY, Plaintiff
20· · · · MARCEL JOLY, Plaintiff
21· · · · · · ·THE VIDEOGRAPHER:· Okay.· The oath will be
· · · · · KIRK FERENTZ, University representative 22· ·administered by Jessi Lass, certified shorthand
21· · · · CHRISTOPHER DOYLE, Defendant
23 24· ·Iowa.· Would the court reporter please swear in the
24
25 25· ·witness.
Page 3 Page 5
·1· · · · · · T A B L E· ·O F· ·C O N T E N T S ·1· · · · · · · · · · · BRANDON SIMON,
·2· ·WITNESS:· BRANDON SIMON· · · · · · · · · · · · ·PAGE
·2· ·a Plaintiff, being first duly sworn by the certified
·4
·3· ·shorthand reporter, testified under oath as follows:
·5· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST ·4· · · · · · · · · · · ·EXAMINATION
· · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED ·5· ·BY MR. STONE:
·6· ·84· - Plaintiff Simon's amended objections and ...12 ·6· · · · Q.· ·Please state your name for the record.
· · · · · answers to Defendants' first
·7· · · · A.· ·Brandon Simon.
·7· · · · interrogatories
·8· ·CERTIFICATE OF REPORTER..........................100
·8· · · · Q.· ·Have you had your deposition taken before,
·9 ·9· ·Mr. Simon?
10· ·Reporter's Note: The original exhibits were digital 10· · · · A.· ·No, I have not.
· · ·and were marked by counsel prior to the deposition. 11· · · · Q.· ·If you don't understand my questions or
11
12· ·you don't hear me, will you please ask me to repeat
· · ·(ph) indicates a phonetic spelling.
12· ·[sic] indicates the text is as stated.
13· ·it or rephrase it?
· · ·Quoted text is as stated by the speaker. 14· · · · A.· ·Yes, sir.
13 15· · · · Q.· ·I'm going to assume if you answer a
14 16· ·question that it's to a question that you both heard
15
17· ·and you understood.· Is that a fair assumption for
16
17
18· ·today's deposition?
18 19· · · · A.· ·Yes, it is.
19 20· · · · Q.· ·If you'd like to take a break, you may
20 21· ·certainly do so.· We ask only that you finish an
21
22· ·answer if there's a question pending or if I've
22
23
23· ·started a question.· Can we abide by that?
24 24· · · · A.· ·Yes, I can.
25 25· · · · Q.· ·Do you have any health issues or are you

App. 263
Page 62 Page 64
·
Page 63 Page 65
·
15· · · · Q.· ·So the conversation about failing the

16· ·Spanish course , that
17· ·occurred after the Outback Bowl of January 1st,
18· ·2019; is that true?
19· · · · A.· ·Yes.· It occurred -- yes -- on my way back
20· ·home.· So a day -- a day after we got back in town
21· ·in Iowa City.
22· · · · Q.· ·And you were asked to meet with Coach Kirk
23· ·Ferentz?
24· · · · A.· ·We talked over the phone.
25· · · · Q.· ·Okay.· How long did the conversation last?
App. 264
Page 70 Page 72
·1· · · · A.· ·Yes. ·1· · · · A.· ·No, no.
·2· · · · Q.· ·There's -- on the right-hand side, it said ·2· · · · Q.· ·Do you have tattoos, Mr. Simon?
·3· ·there's a January 14th, 2019, date.· Is this the ·3· · · · A.· ·I do.
·4· ·announcement of your decision to transfer? ·4· · · · Q.· ·Did Brian Ferentz ever say anything to you
·5· · · · A.· ·Yes, that is the announcement.· But around ·5· ·about tattoos?
·6· ·that time the rules changed where I could put myself ·6· · · · A.· ·No.
·7· ·in the transfer portal.· Before, you know, I didn't ·7· · · · Q.· ·Did Brian Ferentz ever say anything to you
·8· ·have to kind of do it.· I don't know the time line, ·8· ·about jewelry?
·9· ·whether I announced it first and then put myself in ·9· · · · A.· ·Yes.
10· ·the transfer portal or I put myself in the transfer 10· · · · Q.· ·Do you wear jewelry, Mr. Simon?
11· ·portal and then announced it.· So ... 11· · · · A.· ·Earrings occasionally.
12· · · · Q.· ·Had you talked with Coach Brian Ferentz, 12· · · · Q.· ·What, if anything, did Mr. Brian Ferentz
13· ·Coach Doyle, or Coach Seth Wallace at any time 13· ·say to you about jewelry?
14· ·before you made this announcement about whether you 14· · · · A.· ·He thought it was stupid; it looked
15· ·would transfer? 15· ·stupid.
16· · · · A.· ·No, I did not. 16· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
17· · · · Q.· ·Mr. Simon, you've graduated from Illinois 17· ·you about your clothing?
18· ·State; correct? 18· · · · A.· ·No.
19· · · · A.· ·Correct. 19· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
20· · · · Q.· ·What is your degree in? 20· ·you about the way that you speak or words that you
21· · · · A.· ·I have a university studies degree 21· ·used or you're speaking?
22· ·specified in business management and sociology. 22· · · · A.· ·No.
23· · · · Q.· ·What was your major at Iowa? 23· · · · Q.· ·Did Brian Ferentz ever say anything to you
24· · · · A.· ·It was enterprise leadership major in the 24· ·about the way that you walk?
25· ·school of business. 25· · · · A.· ·No.
Page 71 Page 73
·1· · · · Q.· ·Were you academically eligible at all ·1· · · · Q.· ·Did Brian Ferentz ever mock or make fun of
·2· ·times when you participated at Iowa? ·2· ·you or ridicule you about your hair?
·3· · · · A.· ·I was. ·3· · · · A.· ·No.
·4· · · · Q.· ·What would the effect of the failing the ·4· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·5· ·Spanish course mean, if anything, Mr. Simon? ·5· ·you, or ridicule you about your tattoos?
·6· · · · A.· ·I was still eligible, sir. ·6· · · · A.· ·No.
·7· · · · Q.· ·When you left Iowa in January of 2019, do ·7· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·8· ·you know about how much -- how many credits or how ·8· ·you, or ridicule you about your clothing?
·9· ·much study or how many semesters would be needed for ·9· · · · A.· ·Not that I know of.
10· ·you to graduate? 10· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
11· · · · A.· ·Maybe two semesters shy of graduating, 11· ·you, or ridicule you about your jewelry?
12· ·with me repeating that Spanish course.· So I 12· · · · A.· ·Said it looked stupid.
13· ·probably would have done that Spanish course in 13· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
14· ·either the following semester or the summer.· But by 14· ·you, or ridicule you about your -- the way that you
15· ·that fall, potentially the summer, I could have been 15· ·speak or your diction?
16· ·done, depending on, you know, how many credits I 16· · · · A.· ·No, sir.
17· ·took each semester. 17· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
18· · · · Q.· ·Did you travel to the Outback Bowl on 18· ·you, or ridicule you about the way that you walked?
19· ·January 1st of 2019, or did you not? 19· · · · A.· ·No, sir.
20· · · · A.· ·I traveled, yes, sir.· But I did not 20· · · · Q.· ·Same questions with respect to Mr. Seth
21· ·dress. 21· ·Wallace.· Did Seth Wallace ever say anything to you
22· · · · Q.· ·Did Coach Brian Ferentz ever say anything 22· ·about your hair?
23· ·to you about your hair that you can recall? 23· · · · A.· ·No, not to me specifically.
24· · · · A.· ·No. 24· · · · Q.· ·Did Seth Wallace ever say anything to you
25· · · · Q.· ·Did -- 25· ·about your tattoos?

App. 265
Page 74 Page 76
·1· · · · A.· ·Yeah, he actually did.· He asked me how ·1· ·backs room when he was the running backs coach.
·2· ·much everything cost.· He asked me if we thought -- ·2· · · · Q.· ·You were not there; correct?
·3· ·you know, yeah, just that's -- he asked the pricing ·3· · · · A.· ·I was not there.
·4· ·of -- ·4· · · · Q.· ·Okay.· And so whatever you've been told is
·5· · · · Q.· ·Anything else that you can recall that ·5· ·somebody else told you something?
·6· ·Seth Wallace asked you about your tattoos? ·6· · · · A.· ·Yes.
·7· · · · A.· ·No. ·7· · · · Q.· ·Did Brian Ferentz ever say anything about
·8· · · · Q.· ·Did Seth Wallace ever say anything to you ·8· ·"you're not smart" or that you're -- "should go back
·9· ·about your clothing? ·9· ·to the ghetto"?· Any words like that from Brian
10· · · · A.· ·No.· No. 10· ·Ferentz?
11· · · · Q.· ·Did Seth Wallace ever say anything to you 11· · · · A.· ·Yeah.· He would -- he would call me stupid
12· ·about jewelry? 12· ·and dumb, idiot, and other synonyms.
13· · · · A.· ·No. 13· · · · Q.· ·In your -- let me ask you to take a look
14· · · · Q.· ·Did Seth Wallace ever say anything to you 14· ·at Interrogatory No. 8, Mr. Simon, of your -- which
15· ·about the way that you speak or your diction? 15· ·is part of this exhibit.· I believe the number's 84.
16· · · · A.· ·No. 16· ·Turning your attention to Interrogatory No. 8 of
17· · · · Q.· ·Did Seth Wallace ever say anything to you 17· ·Exhibit 84, and I'm going to give you a chance to
18· ·about the way that you walk? 18· ·read it to yourself, and then when you're done,
19· · · · A.· ·No. 19· ·we'll scroll through to the next page, and you can
20· · · · Q.· ·Did Seth Wallace ever mock, make fun of 20· ·finish that page too.· Will you tell me when you've
21· ·you, or ridicule you about your hair? 21· ·had a chance to review it?
22· · · · A.· ·No, sir. 22· · · · A.· ·Could you share --
23· · · · Q.· ·Did Seth Wallace ever mock, make fun of 23· · · · · · ·MS. HECKENKEMPER:· Mr. Stone --
24· ·you, or ridicule you about your tattoos? 24· · · · A.· ·-- your screen.
25· · · · A.· ·No, sir. 25· · · · · · ·MS. HECKENKEMPER:· -- your share's not --
Page 75 Page 77
·1· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·1· ·or your screen is not shared.
·2· ·you, or ridicule you about your clothing? ·2· · · · · · ·MR. STONE:· I'm sorry.· Thank you.
·3· · · · A.· ·No, sir. ·3· · · · Q.· ·(By Mr. Stone)· Have I now put before you
·4· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·4· ·your answer to Interrogatory No. 8 to Exhibit 84 on
·5· ·you, or ridicule you about your jewelry? ·5· ·the screen?
·6· · · · A.· ·No, sir. ·6· · · · A.· ·Yes.
·7· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·7· · · · Q.· ·Okay.· Why don't you take a minute and
·8· ·you, or ridicule you about your diction or the way ·8· ·take whatever time you need to review it.
·9· ·that you speak? ·9· · · · A.· ·(Witness complies.)
10· · · · A.· ·No, sir. 10· · · · · · ·Okay.· You can scroll.
11· · · · Q.· ·Did Seth Wallace ever mock, make fun of 11· · · · · · ·Finished.
12· ·you, or ridicule you about the way that you walk? 12· · · · Q.· ·All right.· You would agree with me that
13· · · · A.· ·No, sir. 13· ·there's nothing in the answer to Interrogatory No. 8
14· · · · Q.· ·Did Brian Ferentz ever use the N-word 14· ·that relates to Mr. Seth Wallace; correct?
15· ·directed to you? 15· · · · A.· ·No.
16· · · · A.· ·No. 16· · · · Q.· ·And the first sentence of the answer talks
17· · · · Q.· ·Did Brian Ferentz ever say, "What gang are 17· ·about Chris Doyle and Brian Ferentz mocking, making
18· ·you in?" or "What's your gang affiliation?" or 18· ·fun of you, and ridiculing black players, including
19· ·anything like that? 19· ·you.· And you and I have covered that with respect
20· · · · A.· ·No. 20· ·to Brian Ferentz; correct?
21· · · · Q.· ·Did Brian Ferentz ever call you a "dumbass 21· · · · A.· ·Correct.
22· ·black player" or use any racial epithet or name to 22· · · · Q.· ·Did you ever go to Brian Ferentz to make
23· ·you? 23· ·any complaints to him about your grievances or the
24· · · · A.· ·Yeah.· He -- not directly to my face, but 24· ·way you say you were treated?
25· ·it was overheard in the running back -- running 25· · · · A.· ·No, sir.

App. 266

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No.
·7· · · · · · · · · · · · · · · · ·: 4:20-cv-00366
· · · · · · · · · · · · · · · · · ·:
· · ·REGENTS FOR THE STATE OF IOWA;:
·9· ·BRIAN FERENTZ; and CHRISTOPHER:
· · ·DOYLE,· · · · · · · · · · · · :
10· · · · · · · · · · · · · · · · ·:
· · · · · · ·Defendants.· · · · · ·:
11· ·- - - - - - - - - - - - - - - -
12
13
14
15
16· · · · ·VIDEO-RECORDED DEPOSITION OF JAVON FOY,
19· ·Iowa, commencing at 9:02 a.m., Tuesday, June 21,
20· ·2022.
21
22
23
24

App. 267
Page 2 Page 4
·1· · · · · · · · · A P P E A R A N C E S ·1· · · · · · · · · P R O C E E D I N G S
·2· ·For the Plaintiffs (via Zoom):
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·2· · · · · · ·THE VIDEOGRAPHER:· We are on the record.
·3· · · · SOLOMON SIMMONS LAW ·3· ·Today's date is June 21st, 2022.· The time on the
· · · · · 601 South Boulder Avenue, Suite 600-A
·4· ·video monitor is approximately 9:02 a.m. Central
·5· ·For Defendant Ferentz (via Zoom): ·5· ·Time.· This video is the deposition of Javon Foy
· · · · · ROGER W. STONE, ESQ. ·6· ·requested by the defense in the matter of Akrum
·6· · · · SIMMONS PERRINE MOYER BERGMAN PLC
· · · · · 115 Third Street Southeast, Suite 1200 ·7· ·Wadley, et al., plaintiff, versus University of
·7· · · · Cedar Rapids, Iowa 52401 ·8· ·Iowa, et al., defendants, in the United States
·8· ·For the Defendants (via Zoom):
·9· ·District Court of the Southern Division of Iowa,
· · · · · JEFFREY C. PETERZALEK, ESQ.
·9· · · · CHRISTOPHER DEIST, ESQ. 10· ·Central Division, Case No. 4:20-cv-0366.· The video
· · · · · IOWA ATTORNEY GENERAL'S OFFICE 11· ·deposition is being held by Zoom videoconferences in
10· · · · 1305 East Walnut Street, Second Floor
· · · · · Des Moines, Iowa 50319 12· ·multiple remote locations.
11 13· · · · · · ·My name is Dennis Goering, certified
12· ·The Witness (via Zoom):
14· ·videographer on behalf of Fidelity Video Services
· · · · · JAVON FOY
13 15· ·here in West Des Moines.
14· ·Videographer (via Zoom): 16· · · · · · ·Would counsel please voice identify
· · · · · DENNIS H. GOERING, LEGAL EAGLES
15
17· ·themselves and state whom they represent.
16· ·Also present (via Zoom): 18· · · · · · ·MS. HECKENKEMPER:· Kymberli Heckenkemper
· · · · · KIRK FERENTZ, University representative
19· ·for the plaintiffs.
17· · · · CHRISTOPHER DOYLE, Defendant
20
21
22· · · · · · ·THE VIDEOGRAPHER:· Okay.· The oath will be
22 23· ·administered today by Jessi Lass, certified
23 24· ·shorthand reporter of Susan Frye and Associates
24
25 25· ·Reporting here in Des Moines, Iowa.· Would the court
Page 3 Page 5
·1· · · · · · T A B L E· ·O F· ·C O N T E N T S ·1· ·reporter please swear in the witness.
·2· ·WITNESS:· JAVON FOY· · · · · · · · · · · · · · ·PAGE
·2· · · · · · · · · · · · JAVON FOY,
·4· ·Examination By Ms. Heckenkemper ..................66 ·3· ·a Plaintiff, being first duly sworn by the certified
·5 ·4· ·shorthand reporter, testified under oath as follows:
·6· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·5· · · · · · · · · · · ·EXAMINATION
· · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·7· ·85· - Statements by Foy ..........................10
·6· ·BY MR. STONE:
·8· ·86· - Plaintiff Foy's amended objections and ......9 ·7· · · · Q.· ·Please state your name for the record.
· · · · · answers to Defendants' first ·8· · · · A.· ·Javon Foy.
·9· · · · interrogatories
10· ·87· - Plaintiff Foy's objections and answers to ...8
· · · · · Defendants' first interrogatories
11
· · ·CERTIFICATE OF REPORTER...........................68
12
13· ·Reporter's Note: The original exhibits were digital
· · ·and were marked by counsel prior to the deposition.
14
· · ·(ph) indicates a phonetic spelling.
15· ·[sic] indicates the text is as stated.
· · ·Quoted text is as stated by the speaker.
16
17
18
19
20
21
22
23
24
25
App. 268
Page 6 Page 8
·1· · · · Q.· ·Let me share my screen with you, Mr. Foy.
·2· ·I have some exhibits that I want to ask you about.
·3· · · · · · ·Can you see what I've put before you on
·4· ·the screen?
·5· · · · A.· ·Yes, sir.
·6· · · · Q.· ·It says "Plaintiff Javon Foy's Objections
·7· ·and Answers to Defendants' First Set of
·8· ·Interrogatories."· It's marked as Plaintiffs'
·9· ·Exhibit -- or excuse me.· It's marked as Exhibit 87.
10· · · · · · ·And just so that you can put this in
11· ·context, the bottom line of that first page says,
12· ·"Respectfully submitted on this 30th day of
13· ·September, 2021."
14· · · · · · ·Now, let me also show you that this is
15· ·unsigned.· Okay?· You did not sign these
16· ·interrogatory answers when they were served on us.
17· · · · · · ·But my question to you is, did you review
18· ·those answers, if you know, before they were served?
19· · · · A.· ·I did slightly, not fully.
20· · · · Q.· ·Did you authorize them to be served on
21· ·your behalf?
22· · · · A.· ·I believe so.
23· · · · Q.· ·Did you believe that they were true and
24· ·correct at the time they were served?
25· · · · A.· ·Yes, sir.
Page 7 Page 9
·1· · · · Q.· ·What was your reason for not signing, if
·2· ·you can remember?
·3· · · · A.· ·I've, honestly, been going through a lot
·4· ·of things in my personal life, and it just, you
·5· ·know ...
·6· · · · Q.· ·Do you mean it slipped your mind not to
·7· ·sign them?· Is that what you're telling us?
·8· · · · A.· ·Something of that nature, yes, sir.
·9· · · · Q.· ·And did you provide information that you
10· ·understand was used as a basis for answering the
11· ·interrogatories that you authorized to be served
12· ·about September 30th of 2021?
13· · · · A.· ·Yes, sir.
14· · · · Q.· ·Let me now put in front of you Exhibit 86,
15· ·which is "Plaintiff Javon Foy's Amended Objections
16· ·and Answers to Interrogatories."· And you'll see on
17· ·the first page a little above the signature line
18· ·there it says, "Respectfully submitted on this 16th
19· ·day of June, 2022."· Do you see that?
20· · · · A.· ·Yes, sir.
21· · · · Q.· ·Did you participate in the preparation of
22· ·these answers?
23· · · · A.· ·I believe.
24· · · · Q.· ·And let me show you, Mr. Foy, that this
25· ·has an E-signature detail on page 18 and an
App. 269
JAVON FOY· 06/21/2022 Pages 38..41
Page 38 Page 40
·1· · · · A.· ·I'm not exactly sure. ·1· ·much -- that was pretty much it.· They just told me
·2· · · · Q.· ·Did you talk with Liz Tovar about that ·2· ·that it was reported.· That's why it went and then
·3· ·incident of the strip search in the dormitory? ·3· ·that was it.
·4· · · · A.· ·Yes, sir. ·4· · · · Q.· ·Did the police locate any firearms?
·5· · · · Q.· ·What'd you tell her? ·5· · · · A.· ·No, sir.
·6· · · · A.· ·I just told her about the events, summary, ·6· · · · Q.· ·What did Liz Tovar find out and tell you
·7· ·asked her how -- how could it all happen and just -- ·7· ·about the incident?
·8· ·I was just asking her just about -- about why it was ·8· · · · A.· ·Liz Tovar mostly consoled me about the
·9· ·happening to me, really. ·9· ·situation.· Because at that time I was just doing
10· · · · Q.· ·Were other people besides you strip 10· ·bad emotionally.· Iowa had put me in a very dark
11· ·searched? 11· ·place.· And she was just mainly just consoling me,
12· · · · A.· ·I mean, my roommate.· But he was living 12· ·and she directed me where to get more information
13· ·with me. 13· ·about the search.
14· · · · Q.· ·Who was that? 14· · · · Q.· ·Where did she tell you to get more
15· · · · A.· ·Taajhir McCall. 15· ·information about the search?
16· · · · Q.· ·Was he an athlete at the University of 16· · · · A.· ·It was -- it was an office located on
17· ·Iowa? 17· ·campus.· I cannot exactly recall where.
18· · · · A.· ·Yes, sir. 18· · · · Q.· ·Did you go to that office?
19· · · · Q.· ·What sport? 19· · · · A.· ·Yes, sir.
20· · · · A.· ·Football. 20· · · · Q.· ·And do you remember who you talked to?
21· · · · Q.· ·I assume they were looking for drugs? 21· · · · A.· ·No.· No, sir.
22· · · · A.· ·That is -- 22· · · · Q.· ·What did you learn about the search?
23· · · · · · ·MS. HECKENKEMPER:· Object to form. 23· · · · A.· ·The same thing I told you before.
24· · · · A.· ·-- a wild assumption.· That's crazy. 24· · · · Q.· ·Did you talk with anyone else about this
25· · · · · · ·REPORTER:· I'm sorry.· I didn't hear the 25· ·search besides Ms. Tovar?
Page 39 Page 41
·1· ·answer.· Can you repeat your answer, sir. ·1· · · · A.· ·I mean, I had -- I had told Brod Binns
·2· · · · A.· ·No, they were not looking for drugs. ·2· ·about it, because I was scared that it would
·3· ·That's a wild assumption. ·3· ·negatively paint a really bad image to me to Kirk
·4· · · · Q.· ·(By Mr. Stone)· What were they looking ·4· ·Ferentz and the rest of the football staff, and it
·5· ·for? ·5· ·would hurt my chances of returning.
·6· · · · A.· ·Apparently they were looking for a ·6· · · · Q.· ·Were there any other incidents, besides
·7· ·firearm. ·7· ·this strip search, that were bothering you while you
·8· · · · Q.· ·Do you understand that there was a report ·8· ·were at the University of Iowa?
·9· ·of a firearm? ·9· · · · A.· ·Not that I recall.
10· · · · · · ·MS. HECKENKEMPER:· Object to form. 10· · · · Q.· ·Did Brian Ferentz ever say anything to you
11· · · · Q.· ·(By Mr. Stone)· You may answer. 11· ·about your hair?
12· · · · A.· ·I do. 12· · · · A.· ·Excuse me.· Who?
13· · · · Q.· ·Do you know who reported the firearm? 13· · · · Q.· ·Brian Ferentz, Coach Brian Ferentz.
14· · · · A.· ·They would not disclose that information 14· · · · A.· ·I do not recall.
15· ·to me. 15· · · · Q.· ·Did Brian Ferentz ever say anything to you
16· · · · Q.· ·What did the police tell you, that there 16· ·about tattoos?
17· ·was a report of a firearm and they were going to 17· · · · A.· ·I do not recall.
18· ·search you for it, or what? 18· · · · Q.· ·Do you have tattoos, Mr. Foy?
19· · · · A.· ·The police told me the bare minimum. I 19· · · · A.· ·Yes, sir.
20· ·had to go to Liz Tovar to go to a few more meetings 20· · · · Q.· ·Did Brian Ferentz ever say anything to you
21· ·to find out as much as I could about this search -- 21· ·about your clothing?
22· ·random search. 22· · · · A.· ·I do not recall.
23· · · · Q.· ·So what did you find out about the search? 23· · · · Q.· ·Did Brian Ferentz ever say anything to you
24· · · · A.· ·Same.· That somebody reported something, 24· ·about jewelry?
25· ·of whom I did not find out, and that was pretty 25· · · · A.· ·Brian Ferentz?· No, sir.

App. 270
JAVON FOY· 06/21/2022 Pages 42..45
Page 42 Page 44
·1· · · · Q.· ·Did Brian Ferentz ever say anything to you ·1· ·observe Seth Wallace making the statements that you
·2· ·about the way that you speak or your diction? ·2· ·heard from other players on the football team, and
·3· · · · A.· ·Not me personally, no, sir.· I do not ·3· ·your source of information is that other people
·4· ·recall. ·4· ·told?· You that's all true?
·5· · · · Q.· ·Did Brian Ferentz ever say anything to you ·5· · · · A.· ·Other people on the football team that
·6· ·about the way that you walk or your gait? ·6· ·were under his position, yes, sir.
·7· · · · A.· ·I do not recall. ·7· · · · Q.· ·Did Seth Wallace ever say anything to you
·8· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·8· ·about your tattoos?
·9· ·you, or ridicule you about your hair? ·9· · · · A.· ·I do not recall.
10· · · · A.· ·I do not recall. 10· · · · Q.· ·Did Seth Wallace ever say anything to you
11· · · · Q.· ·Did Brian Ferentz ever mock, make fun of 11· ·about your clothing?
12· ·you, or ridicule you about your tattoos? 12· · · · A.· ·I do not recall.
13· · · · A.· ·I do not recall.· But I would like to add 13· · · · Q.· ·Did Seth Wallace ever say anything to you
14· ·that many of these things you're asking me was 14· ·about jewelry?
15· ·common knowledge between some of the people on the 15· · · · A.· ·I do not recall.
16· ·team that these things had went on and were going 16· · · · Q.· ·Seth Wallace ever say anything to you
17· ·on, although they never happened to me personally. 17· ·about the way that you talked or your diction?
18· · · · Q.· ·And the basis for your knowledge is that 18· · · · A.· ·I do not recall.
19· ·somebody told you? 19· · · · Q.· ·Seth Wallace ever say anything to you
20· · · · A.· ·Indeed.· Somebody on my team. 20· ·about the way that you walk?
21· · · · Q.· ·Yeah. 21· · · · A.· ·I do not recall.
22· · · · A.· ·Yeah. 22· · · · Q.· ·Did Seth Wallace ever mock, make fun of
23· · · · Q.· ·Okay.· And that's the source of your 23· ·you, or ridicule you about your hair?
24· ·information, not from personal observation, but from 24· · · · A.· ·I do not recall.
25· ·your being told that those things that I'm asking 25· · · · Q.· ·Did Seth Wallace ever mock, make fun of
Page 43 Page 45
·1· ·about happened by somebody else on the team? ·1· ·you, or ridicule you about your tattoos?
·2· · · · A.· ·Indeed.· It was common knowledge. ·2· · · · A.· ·I do not recall.
·3· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·3· · · · Q.· ·Did Seth Wallace ever mock, make fun of
·4· ·you, or ridicule you about your diction or the way ·4· ·you, or ridicule you about your clothing?
·5· ·that you talked? ·5· · · · A.· ·I do not recall.
·6· · · · A.· ·I do not recall. ·6· · · · Q.· ·Did Seth Wallace mock, make fun of you, or
·7· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·7· ·ridicule you about your jewelry?
·8· ·you, or ridicule you about the way that you walked? ·8· · · · A.· ·I do not recall.
·9· · · · A.· ·I do not recall. ·9· · · · Q.· ·Did Seth Wallace ever mock, make fun of
10· · · · Q.· ·Let me ask you about Coach Seth Wallace. 10· ·you, or ridicule you about the way that you talked
11· ·Did Seth Wallace ever say anything to you about your 11· ·or your diction?
12· ·hair? 12· · · · A.· ·I do not recall.
13· · · · A.· ·I do not recall.· But once more, it was 13· · · · Q.· ·Did Seth Wallace ever mock, make fun of
14· ·common knowledge about the -- many of the things 14· ·you, or ridicule you about the way that you walked
15· ·that he would say to other teammates.· It was common 15· ·or your gait?
16· ·knowledge that traveled amongst us on the team. 16· · · · A.· ·I do not recall.
17· · · · Q.· ·And your source of information is that 17· · · · Q.· ·Same questions with respect to Coach Chris
18· ·some other player told you that those things had 18· ·Doyle.· Did Chris Doyle ever say anything to you
19· ·happened, not that you observed them personally; 19· ·about your hair?
20· ·fair statement? 20· · · · A.· ·Yes, he did.
21· · · · A.· ·More or less, yes, sir. 21· · · · Q.· ·What did he say to you about your hair?
22· · · · Q.· ·Well, what's unfair about it, if anything? 22· · · · A.· ·Told me I needed to "cut that scrappy shit
23· ·It's a true statement; correct, Mr. Foy? 23· ·off."
24· · · · A.· ·My statement? 24· · · · Q.· ·When did he make that statement?
25· · · · Q.· ·It's true that you didn't personally 25· · · · A.· ·In the indoor weight room during a -- at

App. 271
JAVON FOY· 06/21/2022 Pages 46..49
Page 46 Page 48
·1· ·the beginning of a session.· The exact date and day ·1· ·viewable tattoos.
·2· ·I do not recall. ·2· · · · Q.· ·Did Coach Doyle ever mock, make fun of
·3· · · · Q.· ·How long had you been at the program, ·3· ·you, or ridicule you about your clothing?
·4· ·approximately? ·4· · · · A.· ·Not that I recall.
·5· · · · A.· ·Not very long. ·5· · · · Q.· ·Did Coach Chris Doyle ever mock, make fun
·6· · · · Q.· ·When you came in as a freshman or joined ·6· ·of you, or ridicule you about your jewelry?
·7· ·the program, did you work with a particular coach? ·7· · · · A.· ·He kind of just -- not necessarily, but
·8· · · · A.· ·Pertaining to? ·8· ·he -- he saw it more as a -- as jewelry, when I was
·9· · · · Q.· ·Well, let's talk about the weight room ·9· ·trying to explain to him it was a religious -- more
10· ·first.· Did you have somebody assigned to you in the 10· ·of a religious thing.· And unopposed to, that same
11· ·weight room who was a strength and conditioning 11· ·day as I came in, he didn't have that same
12· ·coach? 12· ·expectations for some of my white teammates that had
13· · · · A.· ·No, I don't believe -- no, sir, I don't 13· ·the same Jesus piece on.· You know, it just -- it
14· ·recall.· It was all -- they were -- all the coaches 14· ·wasn't a piece of jewelry for them.· It was
15· ·were in the weight room. 15· ·acceptable.· So besides that, no.
16· · · · Q.· ·Did Chris Doyle ever say anything to you 16· · · · Q.· ·What white players had a --
17· ·about your tattoos? 17· · · · A.· ·I don't --
18· · · · A.· ·No, sir. 18· · · · Q.· ·-- chain of Jesus that you say was
19· · · · Q.· ·Did Coach Chris Doyle ever say anything to 19· ·acceptable to Coach Doyle?
20· ·you about your clothing? 20· · · · A.· ·I cannot recall any of their names.· As I
21· · · · A.· ·I do not recall. 21· ·was walking through the indoor field, I personally
22· · · · Q.· ·Did Coach Chris Doyle ever say anything to 22· ·saw it.
23· ·you about your jewelry? 23· · · · Q.· ·Did Coach Doyle ever mock, make fun of
24· · · · A.· ·Yes, sir. 24· ·you, or ridicule you about the way that you talk or
25· · · · Q.· ·What did he say to you? 25· ·your diction?
Page 47 Page 49
·1· · · · A.· ·He told me I needed to tuck away my chain. ·1· · · · A.· ·I do not recall.
·2· ·"That's not what we do here." ·2· · · · Q.· ·Did Coach Chris Doyle ever mock, make fun
·3· · · · Q.· ·Anything else that Coach Doyle said about ·3· ·of you, or ridicule you about the way that you walk
·4· ·your jewelry that you can recall? ·4· ·or your gait?
·5· · · · A.· ·No, sir. ·5· · · · A.· ·I do not recall.
·6· · · · Q.· ·Did Coach Chris Doyle say anything to you ·6· · · · Q.· ·Did Coach Kirk Ferentz ever say anything
·7· ·about your diction or the way that you talk? ·7· ·to you about your hair, tattoos, clothing, jewelry,
·8· · · · A.· ·I don't recall. ·8· ·diction, or the way that you walk?
·9· · · · Q.· ·Did Coach Doyle ever say anything to you ·9· · · · A.· ·I do not recall at this moment.
10· ·about the way that you walk or your gait? 10· · · · Q.· ·Did Brian Ferentz ever use the N-word to
11· · · · A.· ·I do not necessarily recall. 11· ·you?
12· · · · Q.· ·Did Coach Doyle ever mock, make fun of 12· · · · A.· ·No, sir.
13· ·you, or ridicule you about your hair? 13· · · · Q.· ·Did you hear Brian Ferentz use the N-word
14· · · · A.· ·Yes, sir. 14· ·to anyone?
15· · · · Q.· ·What did he do? 15· · · · A.· ·I personally never heard him.
16· · · · A.· ·In that time since, while he was telling 16· · · · Q.· ·Did Brian Ferentz ever talk about somebody
17· ·me to "cut that shaggy shit off," he was making hand 17· ·being a gang member or "What gang is he in?" or gang
18· ·gestures and weird faces. 18· ·affiliation directed to you?
19· · · · Q.· ·Have you told me everything you can recall 19· · · · A.· ·Directed exactly to me, no, sir.· But that
20· ·that you say was Coach Doyle mocking, making fun of 20· ·was also common knowledge, that he had made remarks
21· ·you, or ridiculing you about your hair? 21· ·like that whilst I was there and maybe even -- and
22· · · · A.· ·At this moment, yes, sir. 22· ·definitely prior.· I had been told by many
23· · · · Q.· ·Did Coach Doyle ever mock, make fun of 23· ·upperclassmen.
24· ·you, or ridicule you about your tattoos? 24· · · · Q.· ·And again, your source of information is
25· · · · A.· ·No, sir.· At that time I didn't have very 25· ·that somebody told you something that Brian Ferentz

App. 272
JAVON FOY· 06/21/2022 Pages 50..53
Page 50 Page 52
·1· ·allegedly said at some earlier point in time that ·1· · · · A.· ·I do not necessarily recall.
·2· ·you didn't have a personal observation of? ·2· · · · Q.· ·How about Seth Wallace?· Did you ever hear
·3· · · · A.· ·Somebody that was listed on the roster ·3· ·Seth Wallace use a racial slur or name or a racial
·4· ·that he was coaching told me that. ·4· ·epithet in your presence directed at you?
·5· · · · Q.· ·And it's true that you didn't observe it ·5· · · · A.· ·I do not necessarily recall.
·6· ·personally, but you say that you were told it by ·6· · · · Q.· ·Did you ever hear Seth Wallace use any
·7· ·other people?· That's what you're telling us? ·7· ·racial name, racial slur, or racial epithet used at
·8· · · · A.· ·The other people being the players on his ·8· ·someone, that you personally observed him make that
·9· ·roster, yes, sir. ·9· ·statement?
10· · · · Q.· ·Did Brian Ferentz ever tell you to "Go 10· · · · A.· ·I do not recall.
11· ·back to the ghetto" or words similar to that? 11· · · · Q.· ·How about Coach Chris Doyle?· Did you ever
12· · · · A.· ·No, sir.· But that was very common -- that 12· ·hear Coach Doyle use the N-word?
13· ·was very much so as well common knowledge that that 13· · · · A.· ·I do not recall.
14· ·was a common theme for many of the coaches to, you 14· · · · Q.· ·Did you ever hear Coach Doyle talk about
15· ·know, just kind of -- I never personally heard that, 15· ·somebody as a gang member or a gang affiliation or
16· ·but that was certainly common knowledge as well. 16· ·"What gang is he in?"
17· ·And, yes, from other people that were on the roster 17· · · · A.· ·I do not recall.
18· ·told me that. 18· · · · Q.· ·Did you ever hear -- or did you ever hear
19· · · · Q.· ·Just so that the record's clear, Mr. Foy, 19· ·Coach Doyle say, "Go back to the ghetto," or words
20· ·it is true that you never heard Brian Ferentz use 20· ·to that effect?
21· ·the word "ghetto" or "Go back to the ghetto" or 21· · · · A.· ·I do not recall.
22· ·other word?· Isn't that true, Mr. Foy? 22· · · · Q.· ·Did you ever hear Coach Doyle use a racial
23· · · · A.· ·Me personally, I actually do not 23· ·slur, racial name, or racial epithet directed at you
24· ·100 percent recall. 24· ·personally?
25· · · · Q.· ·How about Seth Wallace?· Did you ever hear 25· · · · A.· ·I do not recall.
Page 51 Page 53
·1· ·Seth Wallace use the N-word? ·1· · · · Q.· ·Did you ever hear Coach Doyle use a racial
·2· · · · A.· ·I don't recall. ·2· ·name, racial slur, or racial epithet that you
·3· · · · Q.· ·Did you ever hear Seth Wallace refer to ·3· ·personally observed him direct to some other person?
·4· ·gang members or gang affiliation or say words like, ·4· · · · A.· ·I do not recall.
·5· ·"What gang is he in?" ·5· · · · · · ·MR. STONE:· We've been going about an
·6· · · · A.· ·I don't -- I do not recall. ·6· ·hour.· Why don't we take a 10-minute break.· And,
·7· · · · Q.· ·Did you ever hear Seth Wallace say, "Go ·7· ·Jessi, can you put us in the breakout room, please.
·8· ·back to the ghetto," or words similar to that? ·8· · · · · · ·REPORTER:· Yes.· One moment.
·9· · · · A.· ·I do not recall. ·9· · · · · · ·THE VIDEOGRAPHER:· We will go off the
10· · · · Q.· ·Did you ever hear Brian Ferentz use any 10· ·record at 10:02.· We're off the record.
11· ·racial slur or epithet or name towards you 11· · · · · · ·(A brief recess was taken.)
12· ·personally? 12· · · · · · ·MR. DEIST:· We'll go back on the record at
13· · · · A.· ·Towards me personally, no, sir. 13· ·10:16.· We're on the record.
14· · · · Q.· ·Did you ever hear Brian Ferentz use any 14· · · · · · ·MR. STONE:· Thank you.
15· ·racial slur, racial name, or racial epithet to 15· · · · Q.· ·(By Mr. Stone)· Mr. Foy, I want to try to
16· ·somebody else in your presence that you personally 16· ·visit with you about the schedule for when you
17· ·observed? 17· ·showed up at Iowa to start your participation in the
18· · · · A.· ·Not in my presence.· But once again, 18· ·football program, if you can recall.· Do you
19· ·common knowledge. 19· ·remember what month it was that you started?
20· · · · Q.· ·Yeah.· And if you didn't understand my 20· · · · A.· ·I believe June.· I'm not sure.
21· ·question, Mr. Foy, I was asking about your personal 21· · · · Q.· ·Do you know about what day in June?
22· ·observation.· And it's true that you never observed 22· · · · A.· ·I don't recall.
23· ·personally Brian Ferentz use any racial slur, racial 23· · · · Q.· ·What do you recall was the first thing
24· ·name, or racial epithet in your presence?· That's a 24· ·that took place?
25· ·true statement, isn't it, sir? 25· · · · A.· ·I don't actually recall.

App. 273

CENTRAL DIVISION

Plaintiffs,
vs. PLAINTIFF JONATHAN PARKER’S

OBJECTIONS AND REPSONSES TO
UNIVERSITY OF IOWA, BOARD OF DEFENDANTS’ FIRST REQUESTS FOR
REGENTS FOR THE STATE OF IOWA; PRODUCTION OF DOCUMENTS TO
BRIAN FERENTZ; and CHRISTOPHER PLAINTIFF JONATHAN PARKER
DOYLE.
Defendants.
Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff Jonathan Parker,
serves his objections and responses to Defendants’ First Request for Production to Plaintiff
Jonathan Parker.
App. 274
SOLOMON SIMMONS LAW

(918) 551-8999 (telephone)
(918) 582-6106 (facsimile)

By: ___________________________________
2910 Grand Avenue
Telephone: (515) 284-5737
Facsimile: (515) 284-1704
On September 30, 2021, the Plaintiff Jonathan Parker’s Objections and Response to
Defendants’ First Request for Production to Plaintiff Jonathan Parker was forwarded to all
counsel of record pursuant to the Federal Rules of Civil Procedure.

App. 275
Request No. 5: All personal notes or messages, social media posts or messages, logs,
diaries, or calendars authored by the Plaintiff relating to any of the allegations set forth in
Plaintiffs’ First Amended Complaint.
RESPONSE: Please see documents previously produced by Plaintiff in response to Initial
Disclosures and supplements made thereto as well as Defendants’ production of records.
Additional documents have yet to be disclosed by Defendants and, thus, will likely be relied upon
and responsive to this request. In addition, please see the documents attached hereto as
PARKER000001-PARKER000003 and submitted herewith as a supplement to previous
productions. To the extent additional documents responsive to this request are found, they will be
supplemented in accordance with the Federal Rules of Civil Procedure.
Request No. 6: All documents comprising, memorializing, or relating to oral or written
communications by or between Plaintiff or anyone acting on Plaintiff’s behalf and any
representative, employee, or agent of the University of Iowa that are relevant to the remaining
claims in Plaintiffs’ First Amended Complaint.
and responsive to this request. In addition, please see the documents attached hereto as
PARKER000001-PARKER000003 and submitted herewith as a supplement to previous
productions. To the extent additional documents responsive to this request are found, they will be
supplemented in accordance with the Federal Rules of Civil Procedure.
App. 276
Request No. 7: All documents evidencing or forming the basis of the contractual
relationship between Plaintiff and the Defendants, as stated in Count IV of Plaintiffs’ First
Amended Complaint.
and responsive to this request. To the extent additional documents responsive to this request are
found, they will be supplemented in accordance with the Federal Rules of Civil Procedure.
Request No. 8: All documents comprising, memorializing, or relating to oral or written
communications by or between Plaintiff and any other college or university relating to an
admission and/or scholarship offer extended to Plaintiff, as referenced in paragraphs 137 and 138
of the First Amended Complaint.
and responsive to this request. To the extent additional documents responsive to this request are
found, they will be supplemented in accordance with the Federal Rules of Civil Procedure.
Request No. 9: All documents comprising, memorializing, or relating to any reporting to
any University official of any allegedly discriminatory conduct committed by any University
football program coaches or staff towards Plaintiff or any other African American or Black
student-athletes.
RESPONSE: Plaintiff objects to this request on the grounds that it is vague and overbroad.
Subject to and without waiving these objections, please see documents previously produced by
App. 277
Plaintiff in response to Initial Disclosures and supplements made thereto as well as Defendants’
production of records. Additional documents have yet to be disclosed by Defendants and, thus,
will likely be relied upon and responsive to this request. To the extent additional documents
responsive to this request are found, they will be supplemented in accordance with the Federal
Rules of Civil Procedure.
App. 278
Akrum Wadley by Legends of Kinnick

podcast hosted by Colin Cole on November 18, 2019
CC: Iowa football is near and dear to my heart just as it is for so many people across this
great nation. In my time since being a part of the Iowa community I’ve had the chance to
meet and get to know so many great men that have worn the black and gold and share in
my love for this team. The fact of the matter is that I bleed black and gold and I’m bringing
to you the stories of the men that have the same blood coursing through their veins. I’m
Colin Cole and this is Legends of Kinnick.
Hey Hawk fans. This is former all-American all-conference defensive lineman Colin Cole
and I’m bringing to you the legends of Kinnick. Legends of Kinnick as you know is a new
podcast I’ve been doing. I’ve been featuring former Hawkeyes, gridiron greats and I
honestly say that I’ve been enjoying every part of it. It’s been pretty awesome to be able to
talk with some former Hawkeyes.
So anyhow, today’s guest came to Iowa out of a familiar state to Iowa. Out of the New
Jersey state where Iowa has had a lot of success recruiting running backs such as Albert
Young. Our guest attended, now this is a tough one. This is one I should of asked you
beforehand but, our guest attended Weequahic, how do you pronounce it?
AW: Yep, you got it. Weequahic. Yep, you got it.
CC: Weequahic High School in Newark, New Jersey. He played at Iowa from 2014 to
2017. In his final collegiate game, he was named the Pinstripe Bowl MVP after collecting
283 all-purpose yards and scoring one touchdown. He’s ranked fifth all-time with his career
rushing totals for 2,872 yards and fourth all-time with 28 touchdowns and he added an
additional 761 yards on 71 receptions and an additional 7 receiving touchdowns. One of
four running backs in school history to rush for over 1,000 yards in consecutive seasons. Not
to mention, ranked ninth on the all-time career yardage totals listed. Akrum Wadley went
on to sign free agent contract with the Tennessee Titans, Atlanta Legends and Houston
Roughnecks. Ladies and gentlemen, please welcome to the show Akrum Wadley. Hey,
Akrum man, thanks for being here. Thanks for joining me man. I appreciate you coming on
brother. I appreciate ya.
AW: Man, I appreciate you reaching out and having me man.
App. 281
CC: No doubt. I mean, how could I not reach out and have you. You are definitely very
fresh on all Hawkeye fans memories with your play with your joystick type of playing on
the field, man. You are definitely an electrified player and that puts you on a different
stratosphere and definitely one of the legends of Kinnick, man. So, let me jump this thing
right off brother. What a, let me ask you a question. Who is Akrum Wadley? How did
Iowa become, Iowa Hawkeyes become the team that you decided to jump into out of high
school.
AW: Um, you know, Akrum Wadley, you know, just came from Newark, New Jersey. Um,
had, um plans of playing basketball but you know, football, football is my favorite sport. But
I never thought I would make it to division one in football. I thought I would be playing in
the NBA someday. But um, from Newark, New Jersey. Grew up South Jersey,
Woloborough. Um, played freshman basketball at St. Anthony’s under Bob Hurley and
Malloy and those guys. Um, sophomore year transfer to University High and um, you
know, University High School they have a football team so I played at Weequahic High
School. Um, about 10 miles away from (inaudible). Um, what else? Playing is kind of tricky
because I played half my junior year high school and them um, you know not really getting
a lot of looks. I spoke to a few um, division one and AA schools like Maine, um, can’t
remember the other schools, 2 schools (inaudible). And then my senior year I was able to
get on at Temple and then a close coach to the coach at Weequahic go by the name of
Raduchi had a connection with Coach Ferentz. Um, they got in touch with each other and
got I was able to get the offer from Iowa.
CC: Ok
AW: And that was Temple and Iowa was my top two schools. I was supposed to get offer
from Rutgers. That’s where I wanted to go but um, Marcus never offered me.
CC: I got ya. So you wanted to say in state and go to Rutgers?
AW: Yeah, I wanted to stay in state, yep.
CC: So, you had the choice of the litter. Sounds like it was a bit of a tough road to get to
high school ball game but, I mean, the moves you have on the field, man, are insane and
unmatched by anybody that I’ve ever seen man. So, where do you get that? What other
sports did you play in high school that got you to where you were, you know, where you
had the confidence to do some of the stuff you did out on the field?
App. 282
AW: Um, I’ve been playing football since I was little. Since ____ leagues to little leagues
and um, the first two years I didn’t play just because I was supposed to be doing basketball
and um, my coach, a coach of mine that coached at Westside High he had ___ and I was
supposed to play at Westside High and ended up going to Weequahic and um, you know, I
developed little skills when I was little. I grew up on ____ Avenue and um, we would be out
all night and you know, you probably know, probably 90% of the guys that played football
you know, played, you know experienced how fun it was and how much love you can, you
know, you love when you’re playing backyard football and we would play all night. You
know, all day, all night we would play with bottles sometimes. We were like going at it,
getting at each other. That’s where I developed skills, but um, I was a little like that in
basketball too. Just like I am in football. So, those are my two sports, high school basketball,
football.
CC: I got ya. So, you went on to be recruited like you said to some different universities.
You chose the University of Iowa obviously. What was, outside of football itself, what was
the biggest draw to Iowa’s program for you?
AW: Um, just how, I just seen when I went on the visit I didn’t know anything about Iowa.
All I knew was Temple and I, um, when I took my visit to Temple it was like the inner city.
I was so familiar with it, it reminded me of North New Jersey. Just different, you know. So,
when I went to Iowa I didn’t know about Iowa until I got there and I just fell in love with
the University you know, the people, stadium, the fans, the, like I really enjoyed my visit. I
went on a visit (inaudible) and Isiah Jones, we ended up like all enjoyed our time but I think
we all knew me coming there.
CC: No doubt, no doubt. So, fast forward a little bit, you’ve signed your letter of intent. You
know you’re going to Iowa. You know that’s the direction you’re going in and you make it
to the City and you’re there in Iowa City, what, you know, obviously you had a football
life. You did a lot in the football office and you’ve had an amazing career, what would you
say was the, some of the most memorable memories that you’ve had in Iowa City? Doesn’t
have to be on the football field, you know, it could be, you know, some sledding down the
hill by Hillcrest Dorms, I don’t know man, but tell me about your time in Iowa City. What
was most memorable for you?
App. 283
AW: Um, so many, I had a lot of good times in Iowa City. I remember my freshman year,
you know didn’t even know that much better. I just got there, you know, I wanted to live
my life, that’s why I’m on the football team, you know. I get together with my friends and
my roommates and we start having parties and I still like, up to this (inaudible). We threw
some of the best house parties. And then I remember one time which was the last time my
red shirt freshman year working, earning a spot on the field, um, you know making the line
of strides and then I decided to throw a party and this party got busted. It got shut down. It
was probably, the party was just a really good memory. We always had a, you know,
unfortunately, it got busted and I had to deal with all kinds of questions. And then even
though it was fun, I learned to listen and that was one of the craziest experiences I had at
that party.
CC: That’s what’s up man.
AW: (inaudible) you know, you know.
CC: Hey, you got to definitely go outside the norm sometimes to create your own fun.
Especially, hey, you know, man, I be honest with you, you guys of this new generation have
it a little bit tougher than the older generation cuz we still had the ability to go downtown
and kind of hangout some. So, I know you guys, especially the younger guys, have a lot
more curfews and play and don’t get to hangout downtown quite as much so, it’s a little bit
different. I could say that, you know, the tradeoff is, you guys got to wore a lot of different
uniforms, I only got to wear the two. That was the black and gold and the white and gold.
So, I guess there’s a little bit of a tradeoff but at the end of the day, yeah, you kind of have to
create your own fun man. I’m sure you guys.
AW: (inaudible)
CC: You got to have to that thing so, moving right along. What, in your opinion, what and
who were the defining moments and who really was the most influential person that you
met while you were in Iowa City? Like, you know, you dealt with a bunch of coaches. You
dealt with different professors, so on and so forth, but who left the most lasting impression?
Who was the most influential on even today during your time in Iowa?
AW: Um, two guys were always, you know, even though games were very different, the
two guys I like really influenced me the most was Mark Wiseman and Jordan Canzeri. Um,
I don’t think they know that. I never told them but, Mark Wiseman and Jordan Canzeri
App. 284
come in as freshmen. The way they did things was just like, um, they couldn’t do no wrong.
They was always on top of their game. They knew the playbook inside out. They knew, you
know where, you know, they was just on top of everything. They was really good at school.
They did the right thing, you know, most of the time, man.
CC: Yup
AW: And those was just two guys that I looked up to.
CC: I got you
AW: They led by example on and off the field um, nine times out of ten times I never seen
Wiseman get yelled at, never seen the, make a mistake, you know, ain’t nobody perfect but
I never seen Wiseman, you know, make a mistake. He was always on top of his game.
CC: Ahem, ahem. Mark Wiseman definitely one of those guys. He’s currently the, on
Iowa’s strength staff as the nutritionist for the team so, he’s definitely used some of that
discipline that he’s had and he’s using that now to teach these young guys nutrition and
how to eat properly, always get the proper rest. I mean honestly, I even asked him for some
tips while I was in Iowa City. So, you know, he’s definitely that standup guy. You know
what I’m saying? He gave me a couple tips. Old dog ain’t never too old to learn some new
tricks that’s for sure.
AW: Yup.
CC: So, anyway, but anyway, we will move right along, man. So, you had some great
moments in, as a Hawkeye. I remember the game, the night game against Michigan and
you guys getting that win there, at home. I remember the home night game against Ohio
State, you really burst onto the scene. But, tell me in your best recollection man, who, um,
what, more like, what’s your proudest moment as a Hawkeye? Like, thinking about it then
all the games you played in in Kinnick, you know and on other team’s fields, what was the
proudest moment that you ever had as a Hawkeye?
AW: Um, hands down Northwestern game when I went off at (inaudible) or four
touchdowns. That was a turning moment in my career.
CC: Tell me more about that game.
AW: You know, Canzeri he was showing his thing (inaudible) that week and I (inaudible)
they didn’t really trust me that much. I was showing up at practice a lot but you know, I was
having issues maintaining my weight. Then they let me into the game and early on in the
App. 285
season and had dropped a lot and you know, they was, I remember going into game or
going into the week, Monday, Tuesday. Coach ___, running back coach at the time, he kept
telling me like, look man, like I like you but you know, coach is starting to lose trust in you
man, you know, we all putting the pressure you. I need you to step up big, you know.
There’s going to be a time, you know giving me the pep talk, some motivation. I’m sitting
behind both these dudes that they going through practice and they get lot less reps because
you know, they banged up so um, was showing he didn’t play the game, playing the game
at all cuz Canzeri, he got hurt during the game but I was the one, me and Mitch was the
next up and um, so Canzeri went down I had, I remember going in, you know Coach White
looking at, I’m trying you know, gather my thoughts. Go in there, you know, my main
focus was protection. Protecting the ball and I ended up going off.
CC: Tremendous, tremendous day as you just mentioned. What, that being said, being in
that, being a part of this program, being a part of the school, you got a chance to play for the
longest tenured head coach in college football in Kirk Ferentz. What is your relationship
like with Kirk and how would you describe that?
AW: Um, definitely a leader, um, and ah, I would say he’s a real good coach, always
treated me fair. Always, you know, very humble. Um, it was fun man. I always thank him
for giving me the opportunity to come out there because you know, a lot of coaches,
division one college coaches they didn’t believe in me and I had a chance to earn his trust.
We had our relationship. We had a lot of ups and downs you know with each other. There
was a point he couldn’t trust me then there’s a point he can trust me you know, at the time
he wanted me to go play on defense you know. I gave that out, that didn’t really work so,
um, once we, you know, once things started rolling you know, we found a relationship
where Coach, he put more and more trust in me then we still talk you know every once in a
while.
CC: You know, I talk to him too. He’s definitely everything that you said and more.
AW: Yeah
CC: I mean, he’s been a lot for a lot of people.
AW: One thing appreciate about him, is he’s not one of those type of coaches that are you
know. I spoke to a few coaches and he’s very honest, you know, he’ll tell you exactly how
he feels and he you know, he’s really big on his (inaudible). He always talked to me about
App. 286
other, other running back that played before me and um, he wouldn’t lie. He wouldn’t lie to
you. You know how coaches always, we going to get you, we want you to be carrying the
ball 30 times, then they go tell the next guy we going to give the ball 30 times. He wasn’t
that type of you know, coach. He always be honest.
CC: Yeah, I agree with that 100% and I’ve used the same term I’m sure. He’s always has
heard me use this term when it comes to describing Kirk Ferentz is that that man is steady
and that is a word I like to use because no matter where you at, whether he’s in the meeting
room, or he’s in front of the media, or he’s got you in his office, he’s the same cat. He does
not change who he is, he’s the same man and always comes off the same way. A humble,
humble human being that only wants the best and takes the time to make sure that
everybody has what they need out of it.
AW: Right
CC: Yeah, man. So, now that your Iowa career is over, you’ve moved on, and you’re still
working today, your still playing ball man. What’s, where you at now? What you doing?
AW: Um, I playing, training right now. Um, I got drafted to the Houston Roughnecks um, I
ready to season because I feel I’m starting next month on the 2nd. I’m ready to get back to it.
I was hurt and I tore my ACL playing in the Legends, you know, trying to do rehab. I’m in
recovery recovering a few months and I’m ready to play again.
CC: I got you, I got you. And, continued success to you man. You’ve been a dominate
player. You’ve had your opportunities and you’ve taken full advantage of, we wish you
nothing but the best moving forward man. Last question before I let you go off the phone,
man. Tell me one real story about your time in Iowa City. It ain’t got to deal with football,
you know, anything in particular. Something that comes to mind when you think about
Iowa City. You mentioned to me a little while before we got on the air that you heading
back soon. What’s one of the things that you remember from then or one thing that you
always considered that you got to get to in order to get to Iowa City.
AW: Um, what you talking about as far as a place to go to when you go to Iowa City?
CC: You know, both. A place that you love to go to when you’re there as well as a story
about your time there that nobody else would know about.
AW: Well, if you was outside I always talk about one thing, I don’t remember, I forget, the
mornings, summertime workouts, um, and most of all the swarm. But the first game, you
App. 287
know, sold out nine times out of ten. The stadium sold out or the night game, I won’t forget
those games. People out there, you know, they’re amazing. Always good energy out there.
And as far as a place, my favorite place to go when I go out there. I hit downtown either the
Summit or the Brothers.
CC: I got you
AW: Two real good places.
CC: I got you. So, any given Saturday, or Friday, or Sunday, we’re liable to see Akrum
Wadley hanging out up in one of those two places that you frequent man.
AW: Yeah, come through.
CC: No doubt, no doubt. Well, Akrum man, I appreciate having you on. I tell you it be
short and sweet. I appreciate you man. You’re a great guy as a Hawkeye and a great young
man as well and I appreciate having you on tonight.
AW: I appreciate it man. I appreciate you having me.
CC: No doubt man. Thank you again for coming on and go Hawks.
AW: Go Hawks.
CC: Thank you so much for joining me on Legends of Kinnick. I’m Colin Cole. Please
follow and share each episode as I bring to you all your all-time favorite Hawks. Also,
follow me in Instagram and Twitter @colincolepods. One again, I’m Colin Cole. Take care
and go Hawks.
App. 288
[copy of video provided on flash drive to Court and via email to counsel of record]
Exhibit 34 – December 19 2016 EZ Camera (video)
App. 314
Exhibit 35 – December 19 2016 SL Camera (video)
App. 315
Exhibit 48 – Akrum Wadley explains what Cy-Hawk win means to Brian Ferentz, 9/9/17 (video)
App. 316
Exhibit 49 – Leistikow_ The Akrum Wadley interview I'll never forget, 9/12/17 (video)
App. 317
Exhibit 51 –Akrum Wadley’s proudest moments of 2017, 12/21/17 (video)
App. 318
Exhibit 52 –Akrum Wadley proud of his career, but has regrets, 12/21/17 (video)
App. 319

CENTRAL DIVISION
AKRUM WADLEY; JONATHAN PARKER; Case No. 4:20-cv-00366

MARCEL JOLY; AARON MENDS;
DARIAN COOPER; BRANDON SIMON;
JAVON FOY,
AFFIDAVIT OF BRIAN FERENTZ
Plaintiffs, IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT
vs.

REGENTS FOR THE STATE OF IOWA;
BRIAN FERENTZ; and CHRISTOPHER
DOYLE,
Defendants.
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
I, Brian Ferentz, sworn upon oath, depose and state that I have personal knowledge
of the facts stated in this affidavit, and some background information has come from Iowa
Football program coaches or, what I consider, reliable internet sources:
1. I am 39 years old, married, and my wife, Nikki and I, have three daughters
and a son. We reside in Iowa City, where I was born, attended high school and college, and
work.
2. I attended the University of Iowa from 2001-06, earned my bachelor’s degree
in history in 2006, played football on two Big Ten Championship teams (2002 and 2004),
App. 320
served as a team captain in 2005, and earned athletic and academic awards from the
University and the Big Ten Conference.
3. Beginning in 2006, I played for the Atlanta Falcons NFL practice squad in
2006-07 and the New Orleans Saints through their 2007 training camp.
4. Beginning in 2008, I started coaching and have done so for 15 years from
2008-2022.
5. I was an assistant coach with the New England Patriots NFL team from 2008
to 2012.
6. I joined the Iowa Football program in 2012 as offensive line coach and held
that position from 2012 through January 9, 2017.
7. During my tenure as offensive line coach, Iowa’s 2016 offensive line earned
the Joe Moore Award as the best offensive line in college football, the team participated in
several bowl games, and several players have gone on to play professionally in the National
Football League (NFL).
8. I became the offensive coordinator of the Iowa Hawkeyes on January 9, 2017,
and continue in that position today. I was recently recognized as one of the top assistant
coaches in the Big Ten Conference under the age of 40.
9. I estimate that the Iowa Football program had approximately thirty percent
(30%) to forty percent (40%) African–American student athletes and approximately sixty
percent (60%) to seventy percent (70%) White student athletes out of about 120 each year.
App. 321
10. During the last twenty-two years, I have played football for seven years on
teams that would have included an estimated 100 African-American players or more and
coached for 15 years on teams that would have included an estimated 200 African-
American players or more.
11. To the best of my knowledge, I have had no complaints made against me
related to racial epithets, slurs, discrimination, or harassment before June 2020, from my
time as a player or coach.
12. I know of no document, email, text message, letter, or writing accusing me of
racial epithets, slurs, discrimination, or harassment written before June 2020.
13. I have had annual employment reviews by Athletic Director Gary Barta since
2012, and no complaint about any racial discrimination, harassment, slur, name, or epithet
has been made against me at any time as a player or coach before June 2020.
14. No offensive lineman is a Plaintiff in this lawsuit.
15. I did not have coaching, discipline, or decision making responsibilities with
respect to defensive players (Plaintiffs Darian Cooper (hereafter Cooper), Aaron Mends
(hereafter Mends), or Brandon Simon (hereafter Simon)) during my time as an Iowa
Offensive Line Coach or Offensive Coordinator. Phil Parker, Defensive Coordinator, his
assistant defensive coaches, and Head Coach Kirk Ferentz would have had the coaching,
discipline, and decision making responsibilities with respect to defensive players during my
tenure at Iowa. I did not discipline Mends, Cooper, or Simon.
App. 322
16. I had no capacity to make or enforce any of the Plaintiffs’ contracts with the
University. I have not threatened any Plaintiff with loss of financial aid or his scholarship
or breached any Plaintiffs’ contract rights or interfered with any contracts rights of the
Plaintiffs.
17. I did not have coaching, discipline, or decision making responsibility for
running backs (Plaintiffs Akrum Wadley (hereafter Wadley), Jonathan Parker (hereafter
Parker), or Marcel Joly (hereafter Joly)) until I became offensive coordinator on January 9,
2017, and left my position as offensive line coach. I ran a drill on December 19, 2016,
during which Jonathan Parker was insubordinate and kicked out of practice, which will be
discussed in detail.
DARIAN COOPER
18. Cooper participated in the Iowa Football program through 2015, left the
program following the January 1, 2016, Rose Bowl, and graduated from the University in or
about May 2016.
19. I did not racially discriminate against or harass Cooper; I barely had anything
to do with him, and all of his allegations are more than four years before the filing of the
State Court Petition.
20. Cooper admitted in his deposition that I did not mock, make fun of, or
ridicule Cooper at any time regarding his hair, jewelry, tattoos, clothing, diction, or the way
he walked. (App. 217, Cooper Depo. at 80:16-81:11).
App. 323
21. His deposition testimony recanted and contradicted his inaccurate sworn
interrogatory answer No. 8 claiming that I did mock, make fun of, and ridicule him. (App.
105, Ex. 30, Cooper Int. Answer No. 8, served September 30, 2021).
22. I did not do those things to him and that his interrogatory answer No. 8 was
not truthful when he swore that I had.
23. Cooper admitted in his deposition that I did not call him the n***** word,
refer to gangs, dumbass black player, or go back to the ghetto directed at him, use any racial
slur, name, or epithet to refer to him, or use any other derogatory names or other explicit
names towards him at any time or during the four years between November 11, 2016–
November 11, 2020. (App. 216-217, Cooper Depo. at 75:1-3, 75:5-7, 75:10-12, 75:21-23,
75:24-76:3, 78:10-12).
24. Cooper left the football program by early January 2016, and I had nothing to
do with him during the four years from November 11, 2016 to November 11, 2020, and did
not coach, punish, discipline, talk to, or see Cooper between those dates. .
25. Cooper and other Plaintiffs allege in the First Amended Complaint ¶ 67 that
Head Coach Kirk Ferentz instructed me to harass and discriminate against African-
American athletes continuously. I received no such instructions from Kirk Ferentz and I
did not harass or discriminate against African-American athletes.
26. Because I was not Cooper’s position coach (defensive line), I did not make
any decisions regarding his injuries, playing time, health, practice, game participation,
App. 324
reprimands, punishments or sanctions, use of facilities, schedule, or any other decision
regarding Cooper’s participation in the Iowa Football program before he left in early 2016.
27. I had no interaction with Cooper after he left the program in January 2016.
28. Cooper sues me for an amount in excess of eight million dollars
($8,000,000.00) for his alleged loss of a professional football career and additional amounts
for accompanying endorsements and sponsorships for my allegedly exacerbating his knee
injuries. (App. 106-109, Ex. 30, Cooper Int. Answer No. 13, 18, and 19, served September
30, 2021).
29. Cooper’s knee injuries began in 2013 and he did not play in 2014 or 2015
(except for one play in the final home game) because of his knee injuries.
30. I had nothing to do with Cooper’s knee injuries.
31. Cooper admitted that I did not ask him to play through his injury or ridicule
him for his injury. (App. 218, Cooper Depo at 94:11-21; App. 106-107, Ex. 30, Cooper
Answer to Int. No. 13).
32. I did nothing to affect Cooper’s scholarship to play football at Iowa,
opportunity to get an education, his knee injury, or his recovery.
33. Cooper testified that he was put in to play in the November 29, 2013,
Nebraska game in Lincoln, Nebraska, a day before arthroscopic surgery when he was
unable to run because of injuries to his knees. (App. 214, Cooper Depo. at 28:9-24). I
attended that game as the offensive line coach for Iowa. I have recently watched game film
of the November 29, 2013, Nebraska game and observed Cooper (wearing Iowa jersey no.
App. 325
97) running, running after Nebraska running backs, and running after the Nebraska
quarterback while playing in the game, which film is an accurate depiction, notwithstanding
his sworn testimony that he could not run. (App. 214, Cooper Depo. at 28:15-16).
34. I had no involvement in Cooper’s playing in the 2013 Nebraska game.
35. The Iowa Football program’s policy is that no player may play or practice
unless cleared medically by University of Iowa doctors.
36. I did not violate that policy with respect to Cooper. I had no information
about whether Cooper’s medical condition on November 29, 2013, meant he was not
cleared to play.
37. I recall that Cooper was injured and not able to play during 2014-15, except
for one play on Senior Day 2015, when I believe he was medically cleared to play. Other
coaches allowed him to play one play, and I don’t believe he suffered any injury.
38. I had no communication, contact, or conversation about Cooper’s prospect of
playing professional football with anyone, any coach, any team, or any NFL or professional
scout, and I did nothing to affect Cooper’s opportunity.
39. Cooper never complained about me or another coach before May 26, 2020.
40. Cooper completed his course work and graduated with a bachelor’s degree in
early 2016; I did nothing to affect his scholarship.
41. No action by me affected Cooper’s education or football participation.
42. Cooper neither complained about me nor afforded me any opportunity to
address any complaint with him before he left the Iowa Football program in early 2016.
App. 326
AARON MENDS
43. Mends was a defensive linebacker for Iowa from 2014-18. Mends graduated
with a bachelor’s degree from Iowa in December 2018 and from Illinois State with a
master’s degree in 2020.
44. I did not racially discriminate against or harass Mends; I had almost nothing
to do with him because he was a defensive player.
45. Mends admitted in his deposition that I did not mock, make fun of, or
ridicule Mends at any time regarding his hair, jewelry, tattoos, clothing, diction, or the way
he walked. (App. 206, Mends Depo. at 140:7-141:3).
46. His deposition testimony on those matters recanted and contradicted his
inaccurate sworn interrogatory answer No. 8 claiming that I did mock, make fun of, and
ridicule him regarding those subjects. (App. 206, Mends Depo. at 140:7-141:3).
47. I agree with him that I did not do those things. His interrogatory answer No.
8 was not truthful when he swore under oath that I had.
48. Mends admitted in his deposition that I did not use any racial slur, name, or
epithet to refer to him at any time or during the four years between November 11, 2016-20.
He admitted I did not call him anything. (App. 205, Mends Depo. at 131:17-132:19).
49. While Mends wrongly alleged in FAC ¶ 50 that I commonly used the n*****
word, referred to gangs, dumbass black player, or go back to the ghetto, Mends admitted in
his deposition that I did not use those words directed at him (App. 205, Mends Depo. at
131:14-133:3) and he had not heard me use the word gang (App. 204, Mends Depo. at
App. 327
129:15-24), n***** word (App. 203, Mends Depo. at 125:6-8), ghetto (App. 205, Mends
Depo. 130:7-15), although he said that I called Jonathan Parker a racial slur once. (App.
205, Mends Depo at 131:3-132:6).
50. I was not Mends’ position coach (defensive linebacker) and, instead, I was the
offensive line coach. I did not make any decisions regarding his injuries, playing time,
health, practice, game participation, reprimands, punishments or sanctions, use of facilities,
schedule, or any other decision regarding Mends’ participation in football.
51. I did not coach, discipline, punish, affect, mock, make fun of, or ridicule
Mends in any way at any time or between the dates of November 11, 2016-20.
52. Mends sues me for $300,000 annually (App. 99-100, Ex. 14, Mends Int.
Answer No. 21 and 23) asserting that he has applied for and lost coaching opportunities,
because the impression given by Defendants of him to football programs is not accurate.
53. I understand he also recanted these sworn answers in his deposition
testimony, admitted he did not ever apply for coaching positions, has not sought to be a
coach, and the answers to Int. No. 21 and 23 are inaccurate and not true and correct. (App.
201-202, Mends Depo. at 68:17-73:6).
54. Mends swore in his answer that Defendants’ actions denied him coaching
jobs and an inaccurate impression of Mends to prospective employers (App. 99-100, Ex. 14,
Mends Int. Answers No. 21 and 23). These answers are not truthful and accurate with
respect to me.
App. 328
55. I have not demeaned, criticized, disparaged, or said anything about him to
any school, team, coaching staff, or coach, and I have no reason to believe that I have given
any impression about him to any school, team, program, or coaching staff.
56. I have never been contacted by any coach or program about Mends.
57. Other coaches made the coaching decisions that resulted in better players
starting as linebacker ahead of Mends including two starters at Iowa (Josey Jewell and Ben
Niemann) who have played and started in the NFL for about five years.
58. I know that Mends overslept and missed a required session, resulting in his
losing playing time, and allowing another player (Bo Bower) to have a chance to play and
he performed better than Mends. I did not have any involvement in the defensive coaches’
decisions about Mends’ playing time.
59. Mends was injured during spring practice in 2018 before his senior season
when he suffered a torn ACL. He did not play or practice during the 2018 season while
recovering. I don’t recall that I had any involvement with Mends during the 2018 season.
In my opinion, Iowa had other linebackers who would likely play ahead of Mends in 2019.
60. Mends met with Coach Kirk Ferentz before the 2018 fall season (App. 210,
Mends Depo. at 204:4-25). I did not participate in that meeting or any other coaches’
meeting involving the discussion of Mr. Mends’ participation in the Iowa program.
61. Mends graduated from Iowa in December 2018, and pursued a graduate
transfer to Illinois State University in January 2019. I had no discussion with him about his
10
App. 329
decision to transfer, was not aware he was planning to transfer until after he made the
announcement, and had no involvement in his decision.
62. Mends did not talk to me about transferring to Illinois State University.
63. Student transfers are frequent among college football programs. Iowa has
experienced transfers during each season for many years of players coming in and leaving
the program. As an illustration of nationwide trends, Sports Illustrated reports 587
undergrad transfers and 309 graduate transfers in 2020, and 950 undergrad and 477 graduate
transfers in 2021. (https://www.si.com/fannation/college/cfb-hq/ncaa-football/college-
football-transfer-portal-numbers-risky-move-for-athletes). Over 2,000 football players
entered the 2022 transfer portal as of the deadline of May 1, 2022.
(https://www.cbssports.com/college-football/news/college-football-transfer-portal-
winners-losers-usc-and-ole-miss-thrive-arizona-state-endures-mass-exodus). Transfers are
more common since the NCAA established the transfer portal in 2018, but transfers have
been common during the years I played and coached.
64. Mends returned to Iowa City in 2020 to train for the NFL. I had no
involvement in the decision that he could not use and was considered ineligible to use the
Iowa facilities after he had transferred.
65. Mends complains in FAC ¶ 159 that a university photographer would not
give him a photograph because it would “not be a good look.” I had no communication or
involvement with Mends or any university photographer or anyone about a photograph of
Mends or a photograph of him holding a shot gun.
11
App. 330
66. Mr. Mends’ allegations in FAC ¶¶ 162, 63-67, about political expression are
inaccurate. Without any consultation, approval, or comment from me, several football
players provided a jersey to Candidate Donald Trump on or about January 26, 2016, during
a Trump pre-caucus political rally. (App. 79, Ex. 7). I was unaware of the plans to do so
until after it happened, and I did not give approval for the presentation. I seriously doubt
the truth of that allegation that “in response, many African-Americans decried the double
standard[,]” as alleged in FAC ¶ 66. The FAC is inaccurate about the timing of events. The
protests over police brutality referenced in the FAC ¶ 66 began many months later in August
2016 with NFL quarterback Colin Kaepernick first kneeling during NFL pre-season games
beginning in August 2016 (App. 82, Ex. 8), and the jersey presentation was eight months
earlier in January 2016. I don’t recall any player telling me that allowing White players to
present a jersey to Candidate Trump in January 2016 presented or created a double standard
of not allowing any players to kneel for the National anthem. I think someone has
fabricated this story that African-American players “decried the double standard” of the
coaches allegedly allowing a jersey presentation to Candidate Trump, which was not
sanctioned, and telling the team to stand for the National anthem in the fall of 2016.
67. The reference in the FAC ¶¶ 66-67 to President Trump calling NFL protestors
“son[s] of…bitches” (App. 88, Ex. 9) did not occur, to my knowledge, until October 2017,
about 20 months after the jersey presentation. Alleging that these three events led to a
protest about a double standard for white and black athletes seems contrived and not in
accordance with the time frame of the events.
12
App. 331
68. I did not believe that the presentation of a jersey to a candidate in January
2016 was a violation of any team or NCAA rule. I know of no rule it violated.
69. The jersey presentation, Colin Kaepernick’s kneeling, and the playing of the
National anthem at Iowa’s first nine games of 2016 occurred before November 11, 2016,
and standing for the National anthem continued after that date.
70. This practice of standing during the National anthem applied to all players
and staff regardless of race, sex, or religious belief. The team stood for the National anthem
in the fall of 2016. I do not recall speaking to Mends or any other Plaintiff on this subject. I
knew of no clearly established right of players to kneel during the National anthem. At
some time, the policy was subsequently changed to allow individuals a choice of standing or
kneeling.
71. I did nothing to Mends that affected his scholarship. He completed his course
work and graduated with a bachelor’s degree in December 2018 after three and one-half
years of study and later earned a master’s degree at Illinois State.
72. No action by me affected Mends’ education or football participation.
73. To my knowledge, Mends never made any complaint against me before he
left the University after graduation and never afforded me notice of any complaint or any
opportunity to address any complaint with him.
13
App. 332
BRANDON SIMON
74. Simon was a defensive lineman for Iowa from 2015-18. Simon transferred to
Illinois State University in January 2019 and graduated in 2021. (App. 181, Ex. 84, Simon
Int. Answer No. 14).
75. I did not racially discriminate against or harass Simon, and had very little to
do with him as he was a defensive player, although he did play on the scout team against
the offensive team.
76. Simon admitted in his deposition that I did not mock, make fun of, or ridicule
Simon at any time regarding his hair (App. 265, Simon Depo. at 73:1-3), tattoos (App. 265,
Simon Depo. at 73:4-6), clothing (App. 265, Simon Depo. at 73:7-9), diction (App. 265,
Simon Depo. at 73:13-16), or the way he walked (App. 265, Simon Depo. at 73:17-19).
Simon said that I once said his jewelry looked stupid (App. 265, Simon Depo. at 73:10-12),
which statement I deny.
ridicule him regarding those subjects. (App. 174-175, Ex. 83, Simon Int. Answer No. 8,
served September 30, 2021; App. 179-180, Ex. 84, Simon Amended Int. Answer No. 8,
served June 16, 2022).
8 was not truthful when he swore that I had.
14
App. 333
79. Simon admitted in his deposition that I did not use any racial slur, name, or
(App. 266, Simon Depo. at 75:21-76:6).
80. Simon alleged in FAC ¶ 50 that I commonly used the n***** word, referred
to gangs, dumbass black player, or go back to the ghetto, but he did not say in his deposition
he knew I had said any of those things. (App. 266, Simon Depo. at 75:14-16, 75:17-20,
75:21-76:6).
81. I did not coach, discipline, punish, affect, mock, make fun of, or ridicule
Simon in any way at any time or between the dates of November 11, 2016-20.
82. I was not his position coach (defensive line) and, instead, I was the offensive
line coach. I did not make any decisions regarding his injuries, playing time, health,
practice, game participation, reprimands, punishments or sanctions, use of facilities,
schedule, or any other decision regarding Simon’s participation in the Iowa Football
program.
83. Simon complains he did not make the travel list, dress for all home games, or
play, and the coaches allegedly made such decisions to punish him because of his race.
84. The decisions by defensive coaches that resulted in Simon not playing in
games, traveling, or dressing for all home games were unrelated to race or other factors than
football ability, in my opinion; however, I did not make those decisions.
85. In my opinion, Simon did not play or make the two-deep roster, travel to
away games, or dress for all home games because Iowa had better skilled defensive line
15
App. 334
players than Simon, including, during the years Simon competed at Iowa, nine defensive
linemen who later played or are playing professional football (Matt Nelson, Parker Hesse,
Anthony Nelson, Jaleel Johnson, Nathan Bazata, AJ Epenesa, Cedrick Lattimore,
Chauncey Gholson, and Tyler Linderbaum (freshman year on defense then moved to
offense)).
86. Simon did not make the two deep roster, in my opinion, due to effort,
attitude, size, and football skills, although that decision was made by other coaches.
87. The defensive linemen ahead of Simon on Iowa’s team for playing time
included three African-American players (Johnson, Lattimore, and Gholston), one
Polynesian player (Epenesa) and five White football players (Nelson, Hesse, Nelson,
Bazata, Linderbaum). I did not communicate my opinion that Simon would not likely play
to other Iowa coaches or Simon or make decisions about his playing time.
88. When nine players ahead of Simon made it in the professional leagues, Simon
did not dress, travel or play at Iowa because he was not as good an athlete.
89. I had no involvement in any discussions with Simon about his decision to
transfer in January 2019, or his class failure.
90.
16
App. 335
91. Simon was unlikely to play at Iowa in any year, and a transfer to a different
program gave him a chance to play where the competition for playing time would not be as
difficult and there were not as many professional prospects ahead of him in the program.
92. I had no discussion with Simon about his decision to transfer in January
2019, was not aware he was planning to transfer until after he made the announcement, and
had no involvement in his decision.
93. I deny that I encouraged the running backs in a meeting to hit Simon in
practice. The first version of this allegation was told by Wadley or Robert T. Green about
June 6, 2020, when Mr. Green attributed to Wadley an allegation that I asked players to hit
Mr. Reggie Spearman (hereafter Spearman) when he played at Iowa before or during 2014-
15. Spearman transferred to Illinois State in late 2014 or early 2015, approximately two
years or more before November 11, 2016. Spearman was dismissed from this case May 6,
2021, because he had no timely claims. (Dkt. 31, at 7). Then the targeting story resurfaced
15 months later as an allegation that I asked running backs to hit Simon in a meeting that
allegedly included Wadley. (App. 157-159, Ex. 75, Joly’s Int. Answer No. 8, served
September 30, 2021). I do not recall requesting any player to injure or hit Simon or
Spearman. Nor do I recall any hits on Simon or Spearman at my request that caused either
of them any injury. The running backs whom I allegedly asked to hit Simon were almost all
African-American players. I did not request that anyone hit Simon because of his race. I
have not asked a player to hit or injure any other player because of their race or any other
reason.
17
App. 336
94. I did nothing to Simon that affected his education. He completed his course
work and graduated from Illinois State.
95. I did nothing to Simon that affected his participation in the Iowa Football
program.
96. To my knowledge, Simon never made any complaint against me before he left
the University and never afforded me notice of any complaint or any opportunity to address
any complaint with him. I had no communication with any person about Simon’s
employment opportunities.
97. I had no involvement, role, or authority with respect to Simon’s weight target,
meals, weight gain, conditioning, or other health related issues, and I do not recall making
any comment or offering any opinion to anyone on those subjects related to Simon.
JONATHAN PARKER
98. Parker was a kick returner, running back, and wide receiver during the years
2013-16. He received his bachelor’s degree in December 2016 and did a graduate transfer to
Northern Illinois University on or about January 24, 2017.
99. Parker admitted in his deposition that I did not mock, make fun of, or ridicule
Parker at any time regarding his jewelry (App. 233, Parker Depo. at 112:10-15), tattoos
(App. 233, Parker Depo. at 111:18-20), clothing (App. 233, Parker Depo. at 111:21-112:1),
diction (App. 234, Parker Depo. at 116:11-19), or the way he walked (App. 234, Parker
Depo. at 117:3-14). Parker said I asked him one time before July 28, 2016 (more than four
18
App. 337
years before the filing of the State Court Petition) how Parker took care of his hair. (App.
233, Parker Depo. at 110:6-14). I deny I asked him about his hair.
ridicule him regarding those subjects. (App. 115-117, Ex. 41, Parker Int. Answer No. 9).
102. Parker admitted that I did not use the n***** word (App. 228, Parker Depo.
at 63:21-64:1), refer to gangs (App. 228, Parker Depo. at 64:8-14), or say go back to the
ghetto directed at him (App. 229, Parker Depo. at 67:8-11).
103. As Parker admitted in his deposition, I did not use any racial slur, name, or
epithet to refer to him at any time or from November 11, 2016-20; Parker alleged one
exception described below. (App. 233-234, 228-229, Parker Depo. at 110:6-14, 112:10-15,
111:18-20, 111:21-112:1, 116:11-19, 117:3-14, 63:21-64:1, 64:8-14, 67:8-11).
104. I coached the offensive line during the years he was in the program and did
not have position coaching responsibility for him during the years before 2017. Parker left
the program for Northern Illinois University in January 2017, but he did not play more than
two plays for Northern Illinois, according to internet reports.
105. I was not involved in the decisions whether Parker could play in games from
2014-16, because he was not an offensive lineman.
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106. Parker performed so poorly on one play during the TaxSlayer Bowl in 2014
that it may have affected his opportunities to play subsequently, including that he did not
play in 2015 and only played two plays during games in 2016. The widely-read Bleacher
Report described it as “This might go down as the biggest brain fart from the college football
season.” (https://bleacherreport.com/articles/2317553-iowas-jonathan-parker-throws-ball-
while-falling-out-of-bounds-on-kickoff-return)
107. By my estimation, Parker participated in the Iowa Football program only for
about 74 days from November 11, 2016 to January 24, 2017, during the four years before
the filing of the State Court Petition.
108. Some of his complaints are both more than four years before the State Court
filing and unrelated to me in any way. Parker complains that an unidentified academic
counselor discouraged him from pursuing a pre-dental curriculum in 2013 (about three years
or more before November 11, 2016) and told him to take easier classes.
109. Parker sues me for loss of income related to his not taking classes toward his
desired major of dentistry beginning in 2013.
110. I had no involvement with Parker’s class choices, his academic counseling, or
curriculum in 2013 when he came to the University or at any other time in his career before
he graduated in December 2016 or his decision not to pursue dentistry during the four years
before the filing of the State Court petition from November 11, 2016-20, or earlier for that
matter.
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111. I know other football players, including African-American players, who
pursued engineering, pre-law, and other programs while participating in the Iowa Football
program.
112. Parker chose classes for the fall semester 2016, months before November 11,
2016, without any consultation with me. He completed his course work in December 2016,
in which he had chosen to enroll before November 11, 2016, graduated and earned his
degree in December 2016, without ever having talked to me about his curriculum, course of
study, or desire to become a dentist.
113. Parker suffered an injury about July 28, 2016, before fall practice began,
restricting his ability to practice and play, although I understand he was medically cleared to
practice and play late in the 2016 season.
114. Parker testified he saw a counselor some time before his foot injury on July
28, 2016, (App. 230-231, 232, Parker Depo. at 77:5-78:21; 103:3-6), and was allegedly asked
about the counselor by Kirk Ferentz no more than a week later (App. 231, Parker Depo at
80:2-7). I had no knowledge that Parker had seen a counselor before July 28, 2016, until he
testified in these proceedings. I have never spoken to Parker about seeing a counselor; I
have never talked to a counselor or coach about Parker seeing a counselor. I had nothing to
do with any meeting, counseling session, or discussion related to Parker visiting a counselor.
115. Parker played behind some outstanding kick returners, running backs and
wide receivers. A number of African-American running backs played for Iowa during
Parker’s tenure at Iowa or would have competed with him for time in 2017, including
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LeShun Daniels, Jr., Akrum Wadley, Derrick Mitchell, Toks Akinribade, and graduate
transfer James Butler. In my opinion, Parker was not a good enough football player to earn
playing time at Iowa, and he likely would not have played in games at Iowa in 2017, if he
had stayed, just as he had not played in 2015 or 2016 on many plays.
116. I kicked Parker out of practice on December 19, 2016, after he had performed
a drill incorrectly, tossed the football to me, and told me to “f***ing do the drill yourself.”
University videos without sound--Exhibits 34 and 35—show he raised his arms in a palms
up manner after tossing the ball to me. He then told me to “f***ing do the drill yourself.”
(App. 314-315, Exs. 34 and 35).
117. Parker incorrectly testified that I kicked a garbage can on December 19, 2016.
(App. 227, Parker Depo. at 54:24-56:5; see also App. 36, Ex. 2, FAC ¶ 140). There is no
video showing I kicked a garbage can on December 19, 2016, and I did not kick a garbage
can on that date. I kicked a garbage can during practice on October 7, 2016, which video
quickly became a subject of public exposure. The garbage can incident related to
performance by a quarterback and tight end, both White players, during preparation for the
Minnesota game and had nothing to do with Parker. A video of the practice session
confirms the date.
118. The clandestine tape recording (App. 221-225, Parker Depo. at 11:21-27:10)
made by Parker secretly during his meeting with Head Coach Kirk Ferentz within a few
days after the practice of December 19, 2016, does not contain the word “race” or “racial
discrimination,” or any reference to race, or racial slur, or racial epithet. (App. 235, Parker
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Depo. at 216:11-18). The secret tape recording does not include any report of any racial
discrimination or harassment, any racial slur, reference to race, or racial epithet. Parker did
not say on the 2016 tape, or at any time before June 2020, that my kicking him out of
practice was racially motivated or that I said anything racial.
119. Parker admits on the secret 2016 tape recording that he had not performed the
drill properly, tossed the ball to me, and told me “to do the drill myself.”
120. Parker withheld and made no mention of his the secret tape recording until
about 5:00 p.m. on the evening before Parker’s scheduled deposition on March 29, 2022.
121. The failure of Parker to use the term race or mention any racial name or slur
on the secret 2016 tape recording he made of his meeting with Kirk Ferentz is consistent
with my memory that no charge that I had said a racial slur or name was made against me
from 2016 through May 2020. The allegation of a racial slur first occurred almost three and
one-half years after the events discussed by Parker on the secret tape.
122. The secret 2016 tape recording is consistent with my recollection that no such
racial name or slur was directed at Parker. While he had every opportunity to make a
statement in December 2016-May 2020, like the one he made after May 2020, accusing me
of using a racial slur or name, his failure to do so in December 2016-May 2020 is consistent
with my memory that it did not happen.
123. Before June 2020, I know of no allegation, record, written or oral complaint
or statement, text, or email to the effect that I allegedly called Parker a “black dumb ass.”
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124. On the clandestine 2016 tape made by Parker, he says that I called him an
“asshole.” (App. 223, Parker Depo. at 19:8-10). He does not say I called him a “dumb
black asshole,” which are words that do not even seem to go together, in my opinion.
125. I deny that I called Parker a “black dumb ass.” I swore at times during
practice when players made mistakes, performed as poorly in a drill as Parker had done, did
not perform as instructed, appeared not to make sufficient effort, or for other reasons, but I
deny that I swore at Black players more than White players or swore at these Plaintiffs more
than any other players. I do not consider the use of profanity racist, and by swearing at
players I intend to get better performance and participation at the level of which they are
capable, and not to discriminate on the basis of race. I knew of no clearly established right
of players to be free from coaches’ use of profanity. Profanity is common at many levels of
high school, college, and professional football.
126. In his deposition, Parker claims I called him a “dumb ass black” after he told
me to do the drill myself, I kicked him out, and while he was exiting the field. (App. 226-
227, Parker Depo. at 53:10-16 and 54:24-55:19). Even under Parker’s current version, the
words “…would do it like that!...” make no sense. The poor performance of Parker in the
drill had ended, before he flipped me the ball and said, “do the f***ing drill yourself.” I
kicked him out of practice for his words to me not because of how poorly or the manner in
which he ran he drill. Parker changed his story from the secret recording he made in 2016,
and in his deposition testimony changed his story from what he alleged in FAC ¶ 140.
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127. If Parker had said to Head Coach Kirk Ferentz that I had used a racial name
or slur, I believe that I would have heard about such an allegation in 2016 or it would have
become a subject of some discussion or report earlier than three and one-half years later for
the first time. In a football practice drill that contained over 50 players and 10 coaches and
assistants, the alleged use of a racial slur, name or epithet without some mention, report,
leak to the press, text, or email of it by anyone for three and one-half years is consistent with
my testimony that it did not happen.
128. Parker apologized to me for his statement about 10 days after December 19,
2016, in Tampa, Florida, when the team went to the Outback Bowl. He did not say
anything to me about any racial slur, name, or epithet when he apologized for his statement.
129. As a coach and former player, I have no recollection of any player telling a
coach to do a drill himself or to “do the f***ing drill yourself,” in 15 years of coaching or 7
years of playing football. I kicked him out of the practice for insubordination, tossing the
ball to me, and his statement to me, and kicking him out had nothing to do with his race.
130. I sought no other discipline or adverse action to Parker. I would have had to
ask the Head Coach or the offensive coordinator at that time to initiate any further action.
131. I had authority to kick Parker out of practice, but I did not have authority to
discipline him further without consulting with Coaches above me.
132. I issued no discipline or punishment to Parker for the incident or any other
matter at any time, except to kick him out of one practice for insubordination.
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133. I took no action that adversely affected his education or scholarship, and he
had completed his degree by the date of December 19, 2016.
134. Parker did not speak to me about his decision to transfer to another school.
135. To my knowledge, Parker never made any complaint against me related to
anything about race or racial discrimination before he left the University or after graduation,
and he never afforded me notice of any complaint until June 2020 or any opportunity to
address any complaint with him.
MARCEL JOLY
136. Joly was a running back for Iowa until his graduation in December 2017,
with a bachelor’s degree.
137. I did not racially discriminate against or harass Joly.
138. Joly admitted in his deposition that I did not mock, make fun of, or ridicule
Joly at any time regarding his hair, jewelry, tattoos, clothing, diction, or the way he walked.
(App. 258, Joly Depo. at 52:23-53:15).
139. In Joly’s interrogatory answer No. 8, Joly does not claim that I mocked, made
fun of, and ridiculed him about those subjects. (App. 157-159, Ex. 75, Joly Int. Answer No.
8).
140. I agree with him that I did not do those things.
141. Joly admitted in his deposition that I did not use any racial slur, name, or
He admitted I did not call him anything. (App. 257, Joly Depo. at 49:7-14).
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142. Joly admitted that I did not use the n***** word (App. 257, Joly Depo. at
48:18-20), refer to gangs (App. 257, Joly Depo. at 48:21-24), or say go back to the ghetto
directed at him (App. 257, Joly Depo. at 49:4-6), and he said that he has not heard me use
any racial slur or racial epithet directed at him (App. 257, Joly Depo. at 49:7-14).
143. Joly complained in the FAC ¶ 48 and his deposition that I was named
Offensive Coordinator in January 2017 in preference to Coach Chris White, who had
recruited him, or Coach Kennedy. With all due respect to the other coaches, the decision
about which coach gets a particular job is not Joly’s or the players’ decision or choice.
144. Joly played behind several African-American running backs, including
LeShun Daniels, Jr., Akrum Wadley, Derrick Mitchell, Toks Akinribade, and graduate
transfer James Butler. They were all considered better players than Joly by the coaches, so
he did not get much, if any, playing time. I believe Marcel Joly played about one down in
one game over three years during 2015-2017, and, in my opinion, the reason is that other
players were better, and the decision had nothing to do with race. All of those players listed
above who played ahead of him were also African-American players.
145. Joly sues me for one million five hundred thousand dollars ($1,500,000)
($300,000 annually) for the years following 2017, (App. 160-161, Ex. 75, Joly’s Int. Answer
No. 16 and 17, dated September 21, 2021), asserting that he has applied unsuccessfully for
open coaching opportunities and was not hired because the impression given by Defendants
of him is not accurate.
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146. I understand he also recanted these answers in his amended interrogatory
answers and deposition testimony, admitted he did not ever apply for coaching positions,
has not sought to be a coach, and the answers to Int. No 16 and 17, (App. 160-161, Ex. 75,
served September 30, 2021), are inaccurate and not true and correct. (App. 253, Joly Dep.
at 12:23-13:5). Nevertheless, he continues to claim up to $1.5 million against me for past
lost coaching wages from 2017-2022 and future lost wages. (App. 168-169, Ex. 77, Joly
Amended Answers to Int. No. 15-17, served May 17, 2022).
147. I have not demeaned, criticized, or disparaged him or spoken to any
representative or member of any coaching staff at any level (high school, college, or
professional) about Joly. I have not given any statements or impression to or ever been
contacted by any representative or member of any coaching staff about the suitability or
desirability of Joly as a coach applicant or candidate.
148. I have done nothing to cause Joly to lose any job opportunity at any time.
149. To the best of my knowledge, Joly has never applied to be a coach.
150. The primary incidents of which Joly complains in his interrogatory answers
do not involve me and occurred before November 11, 2016.
151. Regarding one old complaint, Joly claims he had a discussion with former
Iowa Coach Chris White in 2015 about an automobile Joly was driving to the football
building. I took no part in that discussion. I did not speak to Joly, Chris White, or anyone
about the automobile Mr. Joly was driving in 2015, or any time, and did not do anything
with respect to the automobile Mr. Joly was driving in 2015, or any other time.
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152. Regarding another old complaint, Joly claims also that Coach Chris White
talked to him about his tattoos in 2015 or 2016. I took no part in that discussion. I did not
speak to Joly, Coach Chris White, or anyone about Joly’s tattoos, and did not do anything
with respect to Joly’s tattoos in 2015 or any other time.
153. Regarding another old complaint, Joly claims he witnessed Derrick Mitchell
talking to Coach Chris White on the phone and Coach White allegedly told Derrick
Mitchell to cut his hair. Derrick Mitchell was killed in a car accident in 2019. Coach White
left the Iowa program in early January 2017. I did not speak to Derrick Mitchell about his
hair, to cut his hair, or anything about his hair. I had no role in any conversation Coach
Chris White may have had with Derrick Mitchell about his hair. In any event, it appears the
conversation was before November 11, 2016, and, regardless of the time, I was uninvolved.
Joly’s first Answer to Int. No. 8 said I used a speaker to mock Derrick Mitchell about his
hair, but in his Amended Answer to Int. No. 8 he said Coach White used a speaker to mock
Mitchell’s hair, and he made no reference to me saying anything about Mitchell’s hair.
154. As for another old matter, Joly claims I called Michael Ojemudia a “dumb
black ass,” on April 16, 2016, when Mr. Ojemudia hit Matt Vandenberg hard during
practice. I can see many players in the video of that hit but there is no audio. I did not
observe Mr. Joly on the field. I did not say anything to Mr. Ojemudia at the time of the hit
or soon after. I spoke to the Defensive Coordinator Phil Parker about the violence of the hit
by Mr. Ojemudia on Mr. Vandenberg during practice. I deny I called Mr. Ojemudia a
“dumb black ass” or any other racial name or slur. This incident occurred approximately
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four years and seven months before November 11, 2020, did not involve any plaintiff, and
my comments about the hit were directed to Coach Phil Parker. The incident, which I deny
had any racial component directed at Michael Ojemudia, had no adverse effect on Joly’s
education or scholarship.
155. I did nothing to Joly that affected his education. He completed his course
work and graduated with a bachelor’s degree in December 2017.
156. I did nothing to Joly that affected his participation in the Iowa Football
program.
157. To my knowledge, Joly never made any complaint against me before he left
the University after graduation and never afforded me notice of any complaint or any
opportunity to address any complaint with him.
AKRUM WADLEY
158. Wadley was a star running back on the Iowa football team from 2015-17.
Neither I nor any other coach, to my knowledge, did anything to adversely affect or impair
his football participation, scholarship, or educational opportunity.
159. Wadley sues me for twenty million dollars ($20,000,000.00), alleging that I
tarnished his reputation to NFL coaching staffs and painted a negative picture of him.
(App. 133-134, Ex. 45, Wadley Int. Answer No. 24 and 25).
160. I am aware that he denied knowing any information, having any document,
or knowing of any communication, conversations, written record, or source of information
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that says I spoke with any NFL staff members about him or his ability as a football player.
(App. 238, Wadley Depo. at 6:10-7:4).
161. The 2018 NFL Draft occurred about April 26-28, 2018.
162. I recall no statements or impression to any representative or member of any
NFL or other professional coaching staff about Wadley’s ability as a player. When Wadley
went undrafted, the Tennessee Titans gave him a chance to make the team. I know several
members of the Titans staff; while it is possible we spoke, I do not recall any such
conversation, and I would have simply given an honest opinion of Wadley’s performance at
Iowa. The Titans gave him a chance to make the team as an undrafted free agent.
163. I did not cause Wadley to lose any football opportunity at any time. Based on
my 20 years of playing and coaching, I believe that if Wadley were good enough to play
professional football he would have played or would be playing, regardless of anything I
said or did not say.
164. I do not recall that I demeaned him, criticized him, disparaged him, or said
anything negative about him to any team, coaching staff, coach, or scout.
165. I recall nothing I have done to tarnish his reputation or paint a negative
picture of him.
166. Before June 2020, I have not had any grievances, incidents, or reports of
Wadley reported to me by the coaching staff or academic administrators of alleged racially
discriminatory or harassing actions.
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167. To the contrary, Wadley, who starred at Iowa, said in an interview with the
Des Moines Register near the end of his career and the 2017 season that I was a “great
coach,” that he had a “great amount of respect” for me, and I “put us in the best situation
and all we had to do was execute.” (App. 242, Wadley Depo. at 55:6-56:15; App. 316, Ex.
48).
168. Wadley had a chance to declare for the NFL draft in 2017 and skip his final
year at Iowa. Instead, he chose to return for his final year of eligibility at Iowa. Wadley
stated during the final year that he played at Iowa in 2017 that he was glad he came back for
the 2017 season (App. 242, 318, Wadley Depo. at 57:13-15 and Ex. 51), that he was
definitely glad he came back (App. 242, 318, Wadley Depo. at 57:13-15 and Ex. 51), that he
was really proud of his career at Iowa (App. 243, 319, Wadley Depo. at 59:12-60:2 and Ex.
52), that he would do it all over again (App. 243, 319, Wadley Depo. at 59:12-60:2 and Ex.
52), that he would avoid the off field mistakes he made early in his career (App. 243-244,
319, Wadley Depo. at 60:3-62:8 and Ex. 52), and the Coaches believed in him (App. 244,
317, Wadley Depo. at 64:16-21 and Ex. 49). All such statements were made in 2017 while
he was playing for Iowa and more than two and one-half years before June 2020.
169. In a 2017 interview, near the end of his final season, Wadley stated that he
cannot imagine Coach [Kirk] Ferentz waking up and saying I am going to go after Akrum
today. (App. 141, Ex. 62). He stated that he had met a lot with Coach [Kirk] Ferentz and
it’s all good, that it’s all for the greater good, and it’s all business and it’s all for the good of
the team. (App. 141, Ex. 62).
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170. In a 2019 podcast interview, Akrum Wadley made the following statements
about Head Coach Kirk Ferentz:
AW: Um, [Kirk Ferentz is] definitely a leader, um, and ah, I would say he’s
a real good coach, always treated me fair. Always, you know, very humble. Um, it
was fun man.… we found a relationship where Coach, he put more and more trust
in me then we still talk you know every once in a while….One thing appreciate
about him, is he’s not one of those type of coaches that are you know. I spoke to a
few coaches and he’s very honest, you know, he’ll tell you exactly how he feels and
he you know, he’s really big on his (inaudible)….He wouldn’t lie to you…. He
wasn’t that type of you know, coach. He always be honest.
(App. 286-287, accurate transcription excerpt from the Akrum Wadley by
Legends of Kinnick podcast hosted by Colin Cole on November 18, 2019.)
171. I am aware before May 2020, Wadley’s mother communicated with Head
Coach Kirk Ferentz by text message trying to interest the Iowa Football program in
recruiting another of her sons who was eligible to play college football.
172. Neither I nor any other coach racially discriminated against Wadley. I don’t
believe Wadley would have said what he said in the interviews in 2017 and 2019, if he had
been racially discriminated against.
173. Wadley admitted in his deposition that I did not mock, make fun of, or
ridicule Wadley at any time regarding his hair, jewelry, tattoos, clothing, diction, or the way
he walked, with the exception of allegations about a University issued skull cap and parking
space that will be addressed below. (App. 247-248, Wadley Depo. at 173:17-175:2).
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ridicule him regarding those subjects. (App. 145-148, Ex. 73, Wadley Int. Answer No. 8).
176. Wadley admitted in his deposition that I did not use any racial slur, name, or
He admitted I did not call him anything. (App. 246, Wadley Depo. at 167:19-168:20).
Wadley admitted that I did not call him a “dumbass black player.” (App. 246, Wadley
Depo. at 167:19-21).
177. While Wadley wrongly alleged in FAC ¶ 50 that I commonly used the n*****
word, referred to gangs, dumbass black player, or go back to the ghetto, he did not say in his
deposition that he knew I had said any of those things, except he claims he heard me call
Parker a “black dumbass.” (App. 246, Wadley Depo. at 167:22-24, 167:25-168:2, 168:6-8).
178. Wadley also never reported any grievances to me.
179. Wadley’s complaints about meal cards have nothing to do with me or
complaints against me.
180. I had nothing to do with Wadley’s meal program or meal cards. I only
coached him directly his senior year when I was offensive coordinator. I am not critical of
any other coach with respect to Wadley’s meals, weight gain, or weight targets. I do not
recall a specific discussion with Wadley about his weight target, but I expect I would have
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visited with him about his weight target during 2017, if he were not making his weight
target, as I was the offensive coordinator and his making his weight target was expected.
181. Wadley complained in his deposition that he missed one meal once during
his five years at Iowa because his “black card” was deactivated or not useable. (App. 240,
Wadley Depo. at 31:5-11, 32:21-33:5). I had nothing to do with Wadley missing a meal.
182. I had nothing to do with Wadley seeing a counselor. His Answer to Int. Nos.
17-19 mean that he is referring to a sports psychologist named Kelli Moran-Miller who left
the University of Iowa for Stanford University about August 2015. (App. 151-152, Ex. 73,
Wadley’s Answer to Int. No. 17-19). Any visit or interaction set up by Broderick Binns with
her would have been before August 2015, more than one year and three months before
November 11, 2016. Ms. Moran-Miller is the sports psychologist who left the program in
2015. Ms. Carmen Tebbe-Priebe replaced Ms. Moran-Miller in 2015 and continues to serve
in that position currently.
183. I never talked to Wadley about a counselor, talked to any counselor about
him, or met or talked with coaches about a counselor or a counselor meeting with Wadley.
184. I had nothing to do with the alleged “disappearance,” of Wadley’s therapist
(App. 36, Ex. 2, FAC ¶ 136; App. 151-152, Ex. 73, Wadley’s Answer to Int. No. 17-19). I
was unaware Wadley saw Ms. Moran-Miller, and I had nothing to do with her accepting a
new position at Stanford. His visit to her occurred more than four years before the Petition
was filed.
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185. I deny that I asked Wadley if he were going to rob a liquor store, gas station,
bank, or any other place.
186. I deny that I confronted him about parking in “my” space near the football
building. (App. 245, Wadley Depo. at 120:15-121:19). The University does not have
assigned parking spaces at the football building for any coach or person, other than
disability spaces. I deny that I threatened him physically or otherwise. Wadley claims that
Coaches Phil Parker and Seth Wallace witnessed the exchange. Coaches Parker, Wallace,
and I would exit the east side of the football building to jog together and see the area where
players park on the east side of the football building. The coaches park in a separate lot on
the west side of the building. I would have objected to players on the Iowa Football team
parking in a reserved disability parking space, if I witnessed one doing so. I have no
recollection of a discussion with Wadley about parking in a reserved spot, but the only
reserved spots are ADA spaces.
187. Wadley complains of my discussion of a visit to his high school while
recruiting a different player. (App. 246-247, Wadley Depo. at 169:5-171:12). He complains
that I thought I was being humorous and he found my reference to my looking like a cop or
detective offensive. I deny that I intended any racial discrimination or harassment towards
Wadley at any time.
188. I did nothing to Wadley that affected his education. At the start of the fall
2017 season, I believed Wadley was on course to graduate from the University of Iowa. He
did not pass all of his classes in his last semester during the fall of 2017, complete his foreign
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language requirement, (App. 250, Wadley Depo. at 211:2-10) or register for classes in 2018.
I believe he thought he would make it in the NFL draft, and did not finish school so he
could prepare for professional tryouts and the draft.
189. I did nothing to Wadley that affected his participation in the Iowa Football
program, except I benched him at the beginning of one Illinois game for failure to attend a
required team meeting and he played almost the entirety of that game. He played in almost
all games, except for those when he had injuries, starting with the Northwestern game in
2015 through the Pinstripe Bowl following the 2017 season. He was the star running back
of the Iowa team for the 2016-17 seasons and also was an outstanding performer in 2015.
190. No action by me affected Wadley’s education or football participation, except
for benching him at the start of one Illinois game.
191. To my knowledge, Wadley never made any complaint against me before he
left the University, never afforded me notice of any complaint or any opportunity to address
any complaint with him.
JAVON FOY
192. I remember that Javon Foy was a walk-on candidate for the Iowa football
team in 2019.
193. I did not racially discriminate against or harass Plaintiff Foy. I don’t believe I
ever talked to him.
194. Plaintiff Foy admitted in his deposition that I did not mock, make fun of, or
ridicule Plaintiff Foy at any time regarding his hair (App. 271, Foy Depo. at 42:8-10),
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App. 356
jewelry (App. 270, Foy Depo. at 41:23-25), tattoos (App. 271, Foy Depo. at 42:11-17),
clothing (App. 270, Foy Depo. at 41:20-22), diction (App. 271, Foy Depo. at 43:3-6), or the
way he walked (App. 271, Foy Depo. at 43:7-9).
ridicule him regarding those subjects. (App. 196-197, Ex. 87, Foy Int. Answer No. 8, served
September 30, 2021; App. 188-189, Ex. 86, Foy Amended Int. Answer No. 8, served June
16, 2022).
197. Plaintiff Foy admitted in his deposition that I did not use any racial slur,
name, or epithet to refer to him at any time. He admitted I did not call him anything.
(App. 273, Foy Depo. at 51:10-13).
198. While Plaintiff Foy wrongly alleged in FAC ¶ 50 that I commonly used the
n***** word, referred to gangs, dumbass black player, or go back to the ghetto, he did not
say in his deposition he knew I had said any of those things. (App. 272-273, Foy Depo. at
49:10-15, 49:16-50:9, 50:10-24).
199. I understand that he participated as a freshman walk-on for some days before
he was suspended from the football program during the summer football program in 2019. I
had nothing to do with the decision to suspend him.
38
App. 357
200.
201. I did not talk to Javon Foy about returning to play or participate in the Iowa
Football program. I made no promises or comments to him about whether he could play or
participate if he fulfilled certain requirements or goals.
202. I have no recollection of speaking with Plaintiff Foy before he was suspended
from the football program in the summer of 2019 or before he met with the Head Coach in
January 2020 about his not obtaining medical clearance to play football at Iowa.
203. I did nothing to Plaintiff Foy that affected his education.
204. I did nothing to Plaintiff Foy that affected his participation in the Iowa
Football program.
205. To my knowledge, Plaintiff Foy never made any complaint against me before
he left the University and never afforded me notice of any complaint or any opportunity to
address any complaint with him.
206. I knew of no clearly established right of Plaintiffs that was violated by me at
any time.
39
App. 358
App. 359
App. 360
App. 361
App. 362
App. 363
App. 364
App. 365
App. 366
App. 367
App. 368
App. 369
App. 370
App. 371
App. 372
App. 373
App. 374
App. 375

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Case 4:20-cv-00366-SMR-HCA Document 128-2 Filed 08/18/22 Page 1 of 466

IN THE UNITED STATES DISTRICT COURT

AKRUM WADLEY; JONATHAN Case No. 4:20-cv-00366

UNIVERSITY OF IOWA, BOARD OF

Exhibit 1 – Aaron Mends Instagram post, 12/3/18............................................................ 1

Dated: August 18, 2022 Respectfully submitted,

/s/ Roger W. Stone

/s/ Jeffrey S. Thompson

/s/ Jeffrey C. Peterzalek

/s/ Christopher J. Deist

Thomas J. Miller, Attorney General of Iowa

/s/ Roger W. Stone

IN THE UNITED STATES DISTRICT COURT FOR

AKRUM WADLEY, JONATHAN

UNIVERSITY OF IOWA, BOARD OF

Mends, Maurice Fleming, Reggie Spearman, Kevonte Martin-Manley, Darian Cooper,

Ferentz, Brian Ferentz, Christopher Doyle, and Raimond Braithwaite (hereinafter

collectively “Defendants”). Plaintiffs respectfully report their causes o f action to this

Honorable Court as follows:

1. This action arises out o f years o f targeted discriminatory behavior the

University o f Iowa’s Football Coaching Staff and Administration directed at African-

American student-athletes in the Program have been victims o f pervasive harassment,

education and experience the Defendants promised each o f them.

2. Allegations o f continuous racial discrimination against the Program began to

3. On June 5, 2020, James Daniels, a current National Football League player

experiences while playing football at Iowa.

5. Each former Iowa football player described bullying, disparate treatment,

Head Coach Kirk Ferentz.

cultural aspect o f being an African-American.

7. Not only was Kirk Ferentz aware o f players’ concerns o f discriminatory

treatment o f African-American athletes within his Program, he also witnessed, tolerated,

3 James Daniels (@jamsdans), Tw it t e r (June 5, 2020, 7:08 PM),

8. Despite actual and constructive knowledge o f race discrimination within the

responsible for over twenty (20) years.

maintained a culture that allowed a small group o f coaches to demean players.” 5

University o f Iowa (“Law Firm Report”).

prestigious institutions o f higher learning where many ultimately graduated. However, if

and professional football and current professor at George Washington University,

what he calls a “total institution”. Under a “total institution”, there is a “deterioration o f

The casual observer may not classify NCAA Division I football

players’ schedules, where they sleep, their transportation, when to eat,

I can only recall one time that I witnessed a college teammate

9 M a t 72, 73, 80 & 81.

sports community when seeking a finite number o f positions.

JURISDICTION AND VENUE

pendent state law claims under 28 U.S.C. § 1367.

16. Plaintiff, Jonathan Parker (“Jonathan”), is a former member o f the

Northern Illinois University. Jonathan resides in Florissant, Missouri.

17. Plaintiff, Marcel Joly (“Marcel”), is a former member o f the University o f

18. Plaintiff, Aaron Mends (“Aaron”), is a former member o f the University o f

State University. Aaron resides in Kansas City, Missouri.

19. Plaintiff, Maurice Fleming (“Maurice”), is a former member o f the

Virginia University. Maurice resides in Chicago, Illinois.

20. Plaintiff, Reggie Spearman (“Reggie”), is a former member o f the University

then to Grand Valley State University. Reggie resides in Burnham, Illinois.

21. Plaintiff, Kevonte Martin-Manley (“Kevonte”), is a former member o f the

Youngstown State University. LaRon resides in Detroit, Michigan.

State University. Brandon resides in Normal, Illinois.

Community College. Javon resides in Fort Dodge, Iowa.

Andre resides in Olathe, Kansas.

28. Defendant, University o f Iowa (“Iowa”), is an institution o f higher learning

accordance with Iowa Code Chapter 262.

Moines, Polk County, Iowa.