Two assistant baseball coaches and the Director of Baseball Operations at Northwestern University filed a lawsuit Monday, Aug. 14, 2023 against the school, its former head baseball coach, and various members of its administration.
Northwestern University fired the head baseball coach, James (Jim) Foster, on July 20, three days after firing its head football coach, Patrick Fitzgerald. Foster was hired in 2022, which the complaint alleges his hiring was conducted with an insufficient background check as to his previous work with college baseball.
The allegations in the lawsuit allege retaliatory discharge, harassment, bullying and abuse at the baseball program that led to the demotion and ultimate non-renewal of the contracts of two of Northwestern’s assistant baseball coaches, Dustin (Dusty) Napoleon, Jonathan (Jon) Strauss, and its Director of Baseball Operations, Matthew (Chris) Beacom. The complaint, which was filed in Cook County Circuit Court, also alleges charges of racism, sexism and egregious tortious conduct including unwarranted retaliation against these coaches after they reported NCAA violations by Foster to university officials.
The complaint goes on to say that the University conducted a three-month investigation that ended in February with the decision to “handle the matter internally.” When the coaches did not feel safe in the work environment and did not want to travel with the head coach to away games when the 2023 season began in February, they were immediately demoted from their positions with the NU Athletic Department and their ultimate non-renewal of their contracts with the Baseball Team.
“The prejudicial and biased attitude of the former head coach that also included the mismanagement of the players and staff ultimately led to Foster’s firing, something that should have been done months ago,” said Christopher J. Esbrook of the law firm Esbrook P.C., attorney for the Plaintiffs. “Northwestern had a responsibility to the players as well as to its staff to provide a safe and secure working environment. The Athletic Department as well as those overseeing that department failed in every way. These men tried to do the right thing, and Northwestern let down the entire team and community in its negligent handling of the matter.”
A PRESS CONFERENCE WAS HELD AT 120 N. LASALLE ST., 37TH FLOOR, CHICAGO,
10 A.M. MONDAY (AUG. 14, 2023) WITH ESBROOK AS WELL AS THE FORMER NORTHWESTERN UNIVERSITY DIRECTOR OF BASEBALL OPERATIONS, ONE OF THE PLAINTIFFS, WHO MADE A STATEMENT TO THE MEDIA. SEE THE STATEMENT BELOW.
The complaint alleges damages in excess of $50,000 as required by the Law Division that include damages for retaliatory discharge and the accompanying mental distress and psychological stress that manifested itself physically on the three Plaintiffs.
“Chris, Jon, and Dusty were trying to do the right thing as whistleblowers in telling the school of the head coach’s NCAA violations and a bullying attitude that led to the potential harm of baseball players, yet Northwestern turned its back on them. The University worked on a code of silence instead of working through the issues reported by these brave coaches,” said Esbrook. “This conduct cannot be tolerated at Northwestern or any school that is entrusted to take care of its student athletes as well as its coaches and staff. The University and its administrators have an obligation to ensure the safety and well-being of student athletes and staff.”
The 28-page complaint also seeks punitive damages from Northwestern and its administrators for their reckless handling of the matter. Details of sexist, racist and prejudicial remarks made throughout the year under Coach Foster are detailed in the complaint.
For further information, contact Pamela Sakowicz Menaker at 847-721-0909 (cell). www.esbrook.com
STATEMENT OF TWO FORMER ASSISTANT BASEBALL COACHES AND THE FORMER DIRECTOR OF BASEBALL OPERATIONS OF NORTHWESTERN
STATEMENT OF TWO FORMER ASSISTANT BASEBALL COACHES AND THE FORMER DIRECTOR OF BASEBALL OPERATIONS OF NORTHWESTERN
Good Morning. Today, I am speaking on behalf of myself, the former Director of Baseball Operations of Northwestern University, and my two assistant baseball coach colleagues. The three of us witnessed and experienced firsthand the abusive, toxic, and dangerous environment created by former Northwestern Head Coach Jim Foster.
We reported Coach Foster’s conduct to Northwestern believing that they would do the right thing. Northwestern did not do the right thing. Instead, they swept our reports under the rug, putting their staff, student-athletes, and reputation at risk. Northwestern stood by Coach Foster and got rid of the coaches that blew the whistle on him. And only when the media found out about Coach Foster’s abuse did Northwestern choose to do something. I am here today because I want real change at Northwestern. I want the University to take the safety of its student-athletes and staff seriously and not ignore serious issues—like the ones I and my former colleagues blew the whistle on. We believe the only way to do this is to shine a light on Northwestern’s failures, and that’s what I’m here to do today.
The three of us have been in baseball our entire lives. We love the game. We love working with student-athletes. We loved our jobs. And we loved what we believed Northwestern University stood for. I first stepped foot on the campus of Northwestern University in the fall of 1985 as a student-athlete. From that point, I represented Northwestern and its baseball program with integrity as a student-athlete, baseball team alumni, and baseball staff member. I am deeply and very personally saddened that Northwestern has failed to live up to its standards.
From the very beginning of Coach Foster’s tenure, we witnessed his egregious behavior. Coach Foster exhibited a bullying and degrading attitude toward the staff and student-athletes – even the student-managers. We believed that Coach Foster was putting the health and safety of our student-athletes at risk. We also believed that Coach Foster was violating NCAA recruiting rules.
We knew that we could not just stand by and watch Coach Foster put our staff, players and student-managers in harm’s way. So, we made the decision to blow the whistle on what he was doing.
In November 2022, we reported Coach Foster’s conduct to officials at Northwestern. They assured us that the University would take steps to investigate our concerns and protect the staff and all involved. We trusted them. That trust was misplaced.
Instead, in February 2023, almost 3 months after we filed our HR complaint, University officials decided to sweep it under the rug. Northwestern did not remove Coach Foster. Instead, Northwestern retaliated against us. First, by demoting us, and then by getting rid of us.
Only when Coach Foster’s conduct became public in July, almost 7 months after we blew the whistle, did Northwestern University decide to terminate Coach Foster. By this time, the damage had already been done to us as whistleblowers. Our collective careers were over.
We have come to realize that the only way true justice will be accomplished here is through the courts. As a result, we have decided to hire Chris Esbrook and his team to represent us. Today, we filed a lawsuit against Northwestern University for retaliatory discharge, negligent hiring and supervision, and other claims. We are hoping that through this lawsuit, the truth will come out, and Northwestern will change for the better.
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