Pro Bono Litigation Against Sonoma State University Academic and Athletic Cuts

CASE BACKGROUND 

Sonoma State University (SSU) is a public university established in 1960 as part of the California State University (CSU) system. It operates under the authority of the State of California and the CSU’s Board of Trustees. It currently serves over 5,000 students. SSU’s athletics program has been a significant part of the institution since its early years. It competes at the NCAA Division II level and is a member of the California Collegiate Athletic Association. There are approximately 243 student-athletes competing in intercollegiate athletics at Sonoma State.

On January 22, 2025, Interim SSU President Emily Cutrer emailed a letter to all students, faculty, coaches, and staff. It stated that the school was eliminating 22 academic degree programs—including philosophy, economics, women’s and gender studies, art history, physics, and others—and closing six entire departments. It required many students to simply “change majors.” And it announced a large percentage of the faculty would be let go. Notably, however, there were few cuts to the administration.

Cutrer’s decision also entailed eliminating all NCAA Division II athletics at SSU. She stated this would save $3.7 million. But the letter did not substantiate the $3.7 million allegedly to be saved. Based on independent financial investigation, the elimination of SSU’s entire athletic program will do the opposite of what the letter states: It will actually harm SSU’s financial viability. Preliminary expert analysis indicates that intercollegiate athletics is a financial net-positive for SSU.

Further, there is evidence suggesting that SSU knew that it would be eliminating athletics and numerous degree programs well in advance of the January 22 decision, but kept it hidden from the public and prospective students, and kept recruiting student athletes to transfer and enroll into Sonoma State even while the Interim President knew that athletics would be eliminated. Student athletes now face life-changing crossroads: Do they immediately try to transfer to a different university to continue their athletic careers, or do they stay at SSU and foreclose their life-long athletics careers? Either way, they face irreparable harm to their academic and athletic futures.

Because the discontinuation of academic degree programs is so potentially damaging to students’ lives, the CSU Board of Trustees has adopted standing regulations that ensure procedural protections and transparency in such decisions. These include:

• review by the academic senate
• consultation with enrolled students
• specific mechanics for enrolled students to still take discontinued courses through graduation (a “teach-out plan”)

Cutrer and SSU failed to follow these mandatory procedural requirements, including those set by SSU’s own policies.

CASE FILED

On March 7, 2025, the Joseph Saveri Law Firm and co-counsel Gross Klein PC filed a complaint on behalf of student athlete plaintiffs whose status at SSU have been gravely impacted by Cutrer’s decision. The suit was filed in Sonoma County Superior Court against defendants Cutrer, Chancellor Mildred Garcia, SSU, and the CSU Board of Trustees. It seeks a ruling that Cutrer’s decision is unlawful and void, and seeks an injunction preventing any further implementation of the unlawful decision.

“The decision did not follow any of the required procedural protections before callously imploding student’s academic and athletic lives, so it must be set aside,” Joseph Saveri Law Firm partner David Seidel said. “The lack of transparency and willingness to keep the cuts hidden until after the spring semester began shows a complete disregard for the wellbeing of the students. We are proud to represent these talented and dedicated student athletes who are now forced to stand up to the failures of Sonoma State’s leaders on behalf of themselves and the entire student body.”

“Interim President Cutrer’s and Chancellor Garcia’s decision ignored the catastrophic impacts to the plaintiffs, coaches, faculty and so many others in the Sonoma State community,” said Ross Middlemiss, attorney with Gross Klein PC. “The decision, and the manner in which it was made, is contrary to the mission of the California State University, and is a dereliction of duty on the part of the Interim President and Chancellor. We look forward to proving the illegality of this unconscionable decision in court, so the impacted students can continue their exemplary representation of Sonoma State University, both in the classroom and in their athletic arenas.”

SONOMA STATE STUDENT PLAINTIFFS SPEAK

• “I’m a soccer player and I was recruited and transferred to SSU this spring semester specifically to pursue a degree in Sonoma States’ philosophy pre-law major. If they had told me soccer and philosophy would both be cut, I would not have transferred here in January. I feel lied to." - Abbey Healy (freshman)
• “I’m a baseball player and an economics major. Both were just cut. I have less than 60 units before graduating, but with the economics professors being let go, I have no idea how I’m going to be able to take a full load of economics classes to graduate. The university hasn’t communicated a plan to me or the remaining faculty regarding teach-out plans. I’m at a loss for what to do. With time running out, the University has made my decision-making process almost impossible with the complete lack of information.” - Mason Hanshaw (junior)
• “I’m a soccer player with just my senior year left. When I saw the decision, I looked into transferring schools, but I was told that I need at least two semesters at the new school to graduate. Had I been told about the decision in November or December, I could have transferred and graduated on time. Now I’m stuck. If I transfer I will be forced to delay graduating and pay for an extra semester of school (which I can’t afford).” - Jose Rios (senior)

• “Transferring to Sonoma State for the Spring 2025 semester was a major decision for my family and me and I thought Sonoma would be a wonderful place to complete my four years and earn a degree in biology. If someone had told me athletics were going to be cut I could have gone to a different school. Now I’m going to have to transfer again. I feel displaced and manipulated. What began as an exciting new chapter, with the belief that my investment of time, money, and effort would be worthwhile, has turned into one of the most disheartening and challenging periods of my life.” - Wyievee Binda (junior)

DO YOU HAVE INFORMATION ABOUT THIS CASE?

If you have any information relevant to this case, or wish to be involved, please contact firm partner David Seidel and/or Ross Middlemiss of Gross Klein PC.

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