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On Dec. 21, Harris' representation began the legal process against Portland, Athletic Director Tim Curley and the university in the Federal Middle District Court of Pennsylvania in Harrisburg. The lawsuit states Portland used anti-lesbian bias in removing Harris from the Penn State women's basketball team.
Mediation is scheduled for May 15, when a settlement could be reached. According to Karen Doering, Harris' attorney, more findings matching her client's claims do not necessarily correlate into a settlement.
"We will still go forward with the court-ordered mediation scheduled for mid-May," Doering said in a press release. "But we do not hold out much hope for a negotiated resolution at this stage given Penn State's anemic response and Coach Portland's continued denials."
Doering has requested a copy of the university's internal investigation report, which is confidential. She has not yet received the report and will now ask the judge to subpoena the document from Penn State.
While the investigation did not find that Portland violated the university's racial discrimination guidelines, Doering said she believes there is enough evidence to go forward with race as part of the lawsuit, including experts who will define the term.
"You don't have to use the n-word to engage in race discrimination," Doering said, "like telling somebody that they are so black, they are blue."
Portland, despite the recent outcome of the investigation, said she believes she will not be found liable in court. The projected first trial date is May 2007.
"I do believe, however, that when all of the facts relevant to the claims are fully examined in the judicial process, my actions will be vindicated," Portland said at a press conference.
Jim Horne represents the university and Curley, while Portland has separate representation. Horne and Jack Stover, Portland's attorney, did not respond to requests for comment.
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