Former LCCC coach Ficca appeals suit's dismissal

May 29—CHEYENNE — Lawyers representing former Laramie County Community College men's basketball coach Jason Ficca have filed an appeal with the U.S. Court of Appeals after a federal district court judge in Wyoming dismissed Ficca's wrongful termination suit against the school.

Ficca and his wife, Carmen Ochoa, initially filed suit in U.S. District Court on June 9, 2021. They listed LCCC President Joe Schaffer, then-interim athletics director Cynthia Henning and executive director for human resources Tammy Maas as defendants. The suit alleges the school violated its own policies for "legacy" employees when it fired him in March 2020 after 13 seasons on the bench. Legacy employees are defined by LCCC as those being hired before 2014.

LCCC's initial response to the suit admitted Ficca was a legacy employee with an enforceable contract and was entitled to due process protections, but denied that its written policies suggest corrective actions before termination, including warnings and performance improvement plans.

LCCC's rebuttal noted legacy employees may be let go due to reductions in force or "for cause." The response defined "for cause" reasons as misconduct, incompetency, insubordination or neglect of duty. It also noted that employees could seek administrative hearings to regain their jobs.

Administrative hearings were the key factor in Judge Alan B. Johnson's decision to dismiss a motion for partial summary judgement that Ficca filed earlier this year. Johnson's March 10 ruling laid out the back-and-forth between LCCC and Ficca in March and April 2020.

Henning informed Ficca both verbally and in writing that his contract would not be renewed, reasons for his termination and that he would be a full-time employee through the remainder of his contract, which expired June 30, 2020. According to Johnson's decision, Ficca also was told he would be granted a pre-termination hearing, per LCCC policy.

Ficca skipped that April 10, 2020 hearing after telling the school he felt it was trying to cover itself for violating its own policies when it announced his termination, announced his interim successor, and required him to turn in his keys and school-issued phone and computer. Ficca described any efforts he would make to save his job at the hearing as futile because the school had clearly demonstrated it had made up its mind when it announced his termination and replacement.

Johnson disagreed with that assertion, since Ficca was still being compensated through the end of his contract and had been offered a hearing.

LCCC officially fired Ficca on April 17, 2020, labeling his failure to appear at the hearing as insubordination and cause for termination. According to court filings, Shaffer's termination letter to Ficca explained he still could use LCCC's contested case procedure and request another hearing.

Because Ficca didn't request a contested case hearing, he has no foundation for his suit, Johnson wrote in his decision.

Johnson's decision also included footnotes of LCCC's initial reasons for ending Ficca's tenure as men's basketball coach, including a "three-year decline" in wins, the average margin of defeat during the 2019-20 campaign and his team regularly failing to meet cumulative grade point average benchmarks. The 4-25 record the Golden Eagles posted during Ficca's final campaign was the worst win-loss record in school history. Three of the school's five worst seasons came under Ficca's watch, according to one footnote.

Ficca's teams compiled a 209-199 record, posting five seasons of 20 or more wins. The Eagles were one win away from the 2017 National Junior College Athletic Association tournament, but lost to Gillette College in the Region IX championship game.

LCCC was 12-19 during the 2018-19 campaign. That was the Eagles' worst two-year stretch during Ficca's tenure. They were 17-43 over his first two seasons.

Jeremiah Johnke is the WyoSports editor. He can be reached at jjohnke@wyosports.net or 307-633-3137. Follow him on Twitter at @jjohnke.