



Cerbone had no prior knowledge of the hazing, but nevertheless was fired because school officials said he had "ultimate responsibility" for the safety of the students. Four coaches, including one who reportedly did not intercede after hearing about the hazing, were reinstated after being placed on paid administrative leave.

"I was super-angry and completely taken aback by the firing," Cerbone told the Times-Herald on Wednesday. "I did the right thing, at a Catholic school nonetheless, which is supposed to show great character and compassion to the kids.

"I showed great integrity and did my best to protect the kids. To be someone who gets fired for doing that is just astounding."

According to Cerbone's lawsuit, on Dec.


19, some freshman players told him that they "hated" junior varsity coach Sean Morris because he had allowed varsity players to "punk" the freshmen with their bare backsides and genitals. Shocked, Cerbone said he first reported the alleged sexual hazing to Child Protective Services, but was told that CPS would not become involved because the activity did not include adults.

The suit, which seeks unspecified general and punitive damages, also alleges that Morris told the complaining players that the hazing was not his problem.

In other allegations, Cerbone's lawsuit claims that:

• After learning of the allegations, he informed St. Patrick-St. Vincent Chaplain Jeff Henry who "reluctantly agreed" to help Cerbone draft a letter to Ryan.

• That when he presented the letter two days later to Ryan - with Henry present - Cerbone urged Ryan to notify police, contending that "he believed that this was a criminal matter..."


Cerbone, a former New York police officer, said he thought it was "odd" when Ryan told him she would ask Morris about the alleged hazing at a basketball game that night, before she had spoken to any of the students involved in it.

Although Diocese officials have said they fired Cerbone for not providing adequate supervision, the former coach alleged that he actually was fired for reporting the activity to CPS. He said school officials feared he also would report the hazing to other agencies. That, his attorney says, violates the California Labor Code.

"We have a situation where the coach did the right thing and instead of being rewarded for it he is fired for it," Cerbone's San Francisco lawyer, David Lowe, told the Times-Herald.

"It is absolutely his duty to report something like this and we have laws to protect whistleblowers and this is a classic whistleblower case," Lowe said.

A Diocese official and Vallejo police say that police were notified of the allegations on Jan. 24, the day before the expulsions and Cerbone's firing. Police have indicated they will investigate the claims.

Cerbone's lawsuit does not seek his reinstatement (he also was fired as a physical education teacher). Cerbone said said Wednesday that under certain conditions he would consider returning to his job.

Diocese spokesman, Kevin Eckery said the diocese had not been served the lawsuit yet.

"I understand (the lawsuit), but because we haven't been served the papers yet I can't really comment on it," Eckery said. "All I can say now is that we stand by our actions."