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

PHOENIX — Did former Arizona State Athletics Director Ray Anderson cover up the sexual harassment of a major donor and then fire the whistleblower?

Or did Anderson fire one of his top deputies for cause because he was difficult to work with?

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That’s the crux of a six-year-old retaliation case that centers on three women, including the wife of ASU basketball coach Bobby Hurley, being sexually harassed at the 2019 Pac-12 Men’s Basketball Tournament.

Former Senior Associate Athletics Director Dave Cohen claims he reported the harassment of his wife, Hurley’s wife, and the wife of one of Hurley’s assistant coaches to Anderson.

However, Cohen claims his boss did nothing and continued to court the donor for financial contributions. 

Despite ASU’s defense, an internal ASU investigation concluded that the donor had, in fact, sexually harassed all three women.

Cohen, who oversaw the men’s basketball program at the time, continued to press Anderson on the issue, and then Anderson fired him in August 2019.

In court records and testimony on Friday, ASU claims Cohen was fired because he objected to a staff reorganization, was difficult to work with, and had ethical lapses.

The federal trial began this week in downtown Phoenix. 

Cohen previously demanded $1.5 million in damages.

On Friday, ASU President Michael Crow was the first witness to testify.

Crow praised Cohen’s competence within the athletics department but said he could not recall many details surrounding Cohen’s final months at ASU — including why Cohen received a $100,000 performance bonus just 41 days before he was fired. 

According to records, it was the largest bonus awarded to any athletics staff member that year aside from coaches.

Sandy Hatfield Clubb, an executive sports consultant for ASU Athletics, also testified, describing Cohen as someone capable yet prone to outbursts, noting that some colleagues did not trust him. 

Anderson later took the stand. 

Under questioning from Cohen’s attorneys, Anderson acknowledged it was a mistake not to report the donor’s alleged misconduct to the proper university officials.

He also confirmed that before firing Cohen, he approved a 3% raise — the highest percentage increase available — and had awarded Cohen annual performance bonuses of at least $75,000 for five or six consecutive years.

Even so, Anderson stood firmly behind his decision to terminate Cohen.

The trial is scheduled to resume next week. 

Hurley is expected to testify on Wednesday.

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