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Ex-track coach accuses Texas of double standards

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11:16 AM ET 03.24 | In a complaint filed this month with federal and state agencies, former Longhorn women's track coach Beverly Kearney said she experienced a "severely hostile work environment" dating back more than a decade and accused the Texas athletic department of discriminating against her because of her race and sex. She also said that she was retaliated against by the school for complaining about the discrimination. Kearney resigned Jan. 5, eight days after she was informed that she would be terminated for having an inappropriate relationship with one of her athletes in 2002. Kearney, who has led Texas to six national titles, had admitted to the relationship in meetings last fall with UT. The woman, who is now 30, has not been identified. Kearney's complaint included: She was "singled out and treated differently" for her relationship with an athlete. Kearney used Texas football coach Major Applewhite, the team's co-offensive coordinator, as an example. A month after Kearney resigned, it was revealed that Applewhite admitted to a brief encounter in January 2009 with a student trainer on the football team. He was not fired.

Austin American-Statesman

DeLoss Dodds, Erich Schlegel/Getty Images DeLoss Dodds, Erich Schlegel/Getty Images
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March 24, 2013  12:03 PM ET
QUOTE(#2):

Texas needs to quietly settle her lawsuit.Whether or not this woman is telling the truth, the allegations and her long tenure at Texas, the success of her coaching record, etc., give her statements more focus.

Agreed.

Case was filed with the EEOC and the Texas Workforce Commission, and their investigation will probably last into the fall. Meanwhile Kearney's lawyer will try this case in the media, while the University is bound by confidentiality and cannot support their case to the media. The sports bloggers will be Kearney's lawyer's puppets.

Ultimately Kearney's lawyer will have to prove that the "other" cases were materially the same as Ms. Kearney's. They'll have to prove that an administration that supported her and was about to give her a raise suddenly decided she needed to resign because she was black, or female, or disabled. That's not the reason she resigned.

March 24, 2013  12:11 PM ET
QUOTE(#5):

They'll have to prove that an administration that supported her and was about to give her a raise suddenly decided she needed to resign because she was black, or female, or disabled. That's not the reason she resigned.

So why did she resign if she was about to get a raise from an administration that supported her? Did she voluntarily resign just because she had an affair with an athlete on her squad?

March 24, 2013  12:17 PM ET
QUOTE(#5):

Agreed.Case was filed with the EEOC and the Texas Workforce Commission, and their investigation will probably last into the fall. Meanwhile Kearney's lawyer will try this case in the media, while the University is bound by confidentiality and cannot support their case to the media. The sports bloggers will be Kearney's lawyer's puppets.Ultimately Kearney's lawyer will have to prove that the "other" cases were materially the same as Ms. Kearney's. They'll have to prove that an administration that supported her and was about to give her a raise suddenly decided she needed to resign because she was black, or female, or disabled. That's not the reason she resigned.

Yes, all indications are her's was a very different scenario. Her claims of discrimation don't seem to hold water, as her salary was more than the men's t&f coach, and the third highest in the country, behind others more successful than herself.

All seems to pont to the thought that if you've got a client that falls onto 3 separate minority classes (race, sex, and orientation), at least one claim should be able to stick. That's what plaintiffs lawyers do. I know enough of em.

March 24, 2013  12:21 PM ET
QUOTE(#6):

So why did she resign if she was about to get a raise from an administration that supported her? Did she voluntarily resign just because she had an affair with an athlete on her squad?

Info fell to admin about the affair(s). She was found out, then resigned.

March 24, 2013  12:26 PM ET
QUOTE(#6):

So why did she resign if she was about to get a raise from an administration that supported her? Did she voluntarily resign just because she had an affair with an athlete on her squad?

She resigned rather than go through an investigation herself, so we don't know what happened procedurally.

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March 24, 2013  12:51 PM ET
QUOTE(#9):

She resigned rather than go through an investigation herself, so we don't know what happened procedurally.

Not trying to pick a fight, but you are "assuming" that she "resigned rather than go through an investigation herself"...and not was asked to resign by the Administration?

March 24, 2013  12:56 PM ET
QUOTE(#7):

all indications are her's was a very different scenario

Absent the claims of discrimination....and the fact that her's was more than a one-night stand...the difference is what? She and MA both had sexual relations with a person over whom they had some "power"...therefore there was abuse of said power.

Admittedly hers was for a longer time which, to me, indicates more of a relationship rather than a "wham-bamm-thank you ma'am".

And for the record...this is not a OU fan piling on TU...I would voice the same questions were it OU or MSST...

March 24, 2013  01:06 PM ET
QUOTE(#12):

Not trying to pick a fight, but you are "assuming" that she "resigned rather than go through an investigation herself"...and not was asked to resign by the Administration?

I think we're all assuming a lot.

March 24, 2013  01:12 PM ET
QUOTE(#13):

Absent the claims of discrimination....and the fact that her's was more than a one-night stand...the difference is what? She and MA both had sexual relations with a person over whom they had some "power"...therefore there was abuse of said power. Admittedly hers was for a longer time which, to me, indicates more of a relationship rather than a "wham-bamm-thank you ma'am".And for the record...this is not a OU fan piling on TU...I would voice the same questions were it OU or MSST...

Both relationships were against school policy.
Major followed school policy by self-reporting, Kearney did not.

March 24, 2013  01:19 PM ET

Is it September yet?

GO IRISH!!!

March 24, 2013  02:12 PM ET
QUOTE(#13):

Absent the claims of discrimination....and the fact that her's was more than a one-night stand...the difference is what? She and MA both had sexual relations with a person over whom they had some "power"...therefore there was abuse of said power. Admittedly hers was for a longer time which, to me, indicates more of a relationship rather than a "wham-bamm-thank you ma'am".And for the record...this is not a OU fan piling on TU...I would voice the same questions were it OU or MSST...

The policy is that relationships with athletes are not allowed, relationships with students are discouraged and must be reported to department heads. MA followed the procedures laid out, suffered a 400-600k pay suspension, was placed on probation and mandated counseling. BV denied the relationship, was found out, and was confronted.

That is the difference, following the procedures vs. deception. Don't get me wrong, pissed at all the crap going on at UTx admin, but the 3 cases that have come out seem to be consistent when the policies have been applied. FN was suspended once his issue was discovered, and fired after the year long investigation.

March 24, 2013  02:24 PM ET
QUOTE(#17):

The policy is that relationships with athletes are not allowed, relationships with students are discouraged and must be reported to department heads. MA followed the procedures laid out, suffered a 400-600k pay suspension, was placed on probation and mandated counseling. BV denied the relationship, was found out, and was confronted. That is the difference, following the procedures vs. deception. Don't get me wrong, pissed at all the crap going on at UTx admin, but the 3 cases that have come out seem to be consistent when the policies have been applied. FN was suspended once his issue was discovered, and fired after the year long investigation.

OK...Thanks SL. With your connections I'll buy this one.

Thought I had heard that MA didn't report until the trainer said something...but might be wrong.

Oh well....guess we'll all see when the washing gets done.

March 24, 2013  02:34 PM ET
QUOTE(#17):

suffered a 400-600k pay suspension,

Per USA Today just had his salary frozen for 2009 at 260K and received a 9k raise in 2010. Was promoted to CO-OC and raised to 501K...did not see anything about a 400-600k pay suspension.

<shrug> Just researched because I didn't recall any major pay suspension, just a raise suspension.

I guess the main thing for this was that the BOR wasn't told of the issue until the BK issue came up....bad timing there..

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March 24, 2013  03:32 PM ET
QUOTE(#19):

Per USA Today just had his salary frozen for 2009 at 260K and received a 9k raise in 2010. Was promoted to CO-OC and raised to 501K...did not see anything about a 400-600k pay suspension.<shrug> Just researched because I didn't recall any major pay suspension, just a raise suspension.I guess the main thing for this was that the BOR wasn't told of the issue until the BK issue came up....bad timing there..

Most in dept say MA go passed on the OC's job years ago because of the probation issues, thus the higher lost wages figure.

Th BOR issues are way deeper that this issue. There are now more aggys trying to run UTx than horns. See attached...

http://t.co/XapAA1z5KD

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