Federal jury rules in favor of ASU, former AD Ray Anderson in sexual harassment-retaliation case involving former athletic department official

PHOENIX — After six years of filings, depositions, pretrial maneuvering, and two weeks of testimony, the fate of a bitter dispute between a former Arizona State University athletics official and his ex-boss came down to eight strangers in downtown Phoenix.

RELATED: ASU retaliation case heads to trial after former athletic director is accused of covering up sexual harassment of major donor

As the jury filed into the courtroom on the sixth floor in the Sandra Day O’Connor United States Courthouse late Thursday afternoon, both sides sat patiently.

Former ASU Athletics Director Ray Anderson, as he had done for most of the trial, sat stoically by his legal team.

A few feet away sat David Cohen, once one of Anderson’s top lieutenants in Sun Devil athletics before his abrupt firing in August 2019. 

When the verdict was read—ruling that ASU and Anderson had not retaliated against Cohen for reporting sexual harassment by a powerful donor and pressuring Anderson to take action— the long legal battle came to a close, though not in the way Cohen had hoped.

“I’m really disappointed with the outcome,” he told 12News, the only Phoenix TV station covering the trial. “I feel for the next person at ASU who stands up for women to report sexual harassment.

A small smile appeared on Anderson’s face after the verdict.

“Very simply, I’m pleased with the jury verdict,” he said. “I think it’s appropriate. I’m glad it’s over.”

Asked if the verdict marked a vindication, Anderson said: “No, I didn’t do anything.”

For Cohen, it was another wound in a saga that had already cost him a job he loved, his marriage, and hundreds of thousands of dollars.

The story began during the 2019 Pac-12 Men’s Basketball Tournament, where ASU’s athletics community had gathered for one of the biggest events of the season that would propel them into March Madness.

It was there that a high-dollar donor—someone ASU deeply valued—crossed a line.

Court testimony confirmed that the donor sexually harassed three women connected to the program: the wife of head coach Bobby Hurley, one of Hurley’s assistants, and Cohen’s then-wife.

For Cohen, who oversaw the basketball program, the harassment was personal. 

He described feeling responsible for ensuring the women received support and that the university held the donor accountable. He said he pressed his boss, Anderson, repeatedly to take action—to issue discipline, cut ties, or at least acknowledge the seriousness of the misconduct.

But the action Cohen pushed for never came.

During the trial, Anderson admitted under oath that he never disciplined the donor, though the university later barred him from ASU athletics.

He called it a mistake—a misjudgment made in a high-pressure environment where loyalties, money, and reputations were tangled together. 

Further, court testimony showed Anderson continued to court the donor with special trips, including a golf outing with former football Coach Herm Edwards, in an effort to get more money for ASU despite being told the harassment occurred.

What happened next formed the heart of the legal dispute.

Cohen said that as he pushed Anderson to act, their working relationship deteriorated. 

He felt ignored, dismissed, and then, ultimately, removed. 

In August 2019, Anderson fired Cohen, a moment Cohen interpreted as direct retaliation for refusing to let the harassment incident quietly fade.

Anderson offered a different story.

According to him, Cohen’s termination had nothing to do with the harassment reports. 

Instead, Anderson and his legal team cited several concerns: alleged insubordination, communication issues, and what he described as ethical lapses involving financial matters. 

The details of those accusations became a point of contention but were never fully agreed upon by the two sides.

Further, Anderson gave Cohen a $95,000 bonus and a raise shortly before firing him, and annual bonuses of at least $75,000 for several years when the alleged problems with Cohen’s behavior occurred.

Still, the firing stood—and soon after, so did a demand for $1.5 million and then a formal lawsuit.

Few lawsuits stretch as long or as intensely as Cohen’s. 

What began as a wrongful-termination claim grew into a symbol of something larger: questions about how institutions handle misconduct by influential figures, especially donors whose contributions help fund scholarships, facilities, and entire programs.

Behind the scenes, legal bills mounted. 

Lives moved on, at least publicly. Anderson eventually stepped down from his leadership role as AD in November 2023, but remained at ASU as a professor of practice and senior advisor in the Sandra Day O’Connor College of Law.

Cohen built a new career path and even earned more money in other jobs as the case lingered in the background of his life.

Yet the tension never fully evaporated.

During the trial, both men took the stand, facing sharp questions about their choices, their motivations, and the consequences that followed. 

Jurors also heard from two of ASU’s heavyweights: Hurley and President Michael Crow.

Hurley, in his 11th season as ASU coach, told the jury that Cohen played a significant role in the basketball program’s success, helping the Sun Devils reach the NCAA Tournament twice. 

He said Cohen worked aggressively to ensure the harassment allegations were addressed.

“He went to the mat to get this thing handled—and because of his efforts, that is a big reason he no longer works at Arizona State,” Hurley testified.

Hurley called Cohen’s termination “unjust,” telling jurors, “I felt it was unfair Dave was let go.”

He also agreed with Cohen’s legal team that Anderson took no action against the booster following the harassment incidents.

On the stand, Hurley acknowledged that he and Anderson had a strained working relationship during Anderson’s tenure as athletics director.

Meanwhile, the longtime ASU president was also called to testify.

President Michael Crow, who has been president of ASU since July 2002, offered praise to Cohen while on the stand.

He told the jury that Cohen “brought competence to the table” and contributed meaningfully to ASU’s efforts to advance its athletics department. 

It was a strong statement—one that painted Cohen as a valued member of the leadership team, someone who seemed to be doing his job well.

But as attorneys pressed deeper, Crow’s certainty faded.

One of the most striking moments came when Crow was asked about a large cash bonus awarded to Cohen just weeks before his firing: a $100,000 performance bonus, issued 41 days before ASU terminated him.

The payment stood out for its size. 

Outside of head coaches and top assistants, no athletics department staff member received a bonus anywhere near that amount. In a department where every dollar is scrutinized, Cohen’s payout was not just large — it was exceptional.

Yet when questioned about why Cohen earned it, who approved it, and what performance achievements justified such a figure, Crow repeatedly said he did not recall.

Despite the verdict, Cohen’s case isn’t finished. 

His attorney announced plans to appeal, though doing so will mean absorbing even more financial strain from a legal process that has already consumed years of his life and substantial personal resources.

For ASU, the jury’s decision was a victory, avoiding a potentially large payout.

Cohen’s team argued on Thursday that the damages were between $440,000 and almost $1.7 million.

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