AUSTIN, Texas — The Texas Supreme Court on Friday refused to block a sex and race discrimination lawsuit filed against the University of Texas by former women’s track coach Bev Kearney, who was forced out after the school learned of a romantic relationship with one of her athletes a decade earlier.
Kearney’s lawsuit claims that as a Black woman, she was held to a tougher standard than a white male coach or other school officials who she alleges were in relationships with subordinates. Shortly after Kearney resigned under pressure, Texas revealed that former football assistant Major Applewhite was reprimanded, but not fired, for a relationship with a female student trainer on a 2009 bowl trip.
Applewhite is now the head coach at Houston.
Kearney’s lawyers say they will press forward with their lawsuit and will seek testimony from several current and former Texas officials, including former football coach Mack Brown, former men’s athletic director DeLoss Dodds, former school President Bill Powers and current women’s athletic director Chris Plonsky.
“This means Ms. Kearney’s case will be coming back to life,” said Kearney’s attorney, Jody Mask. “Absolutely, we will be seeking those depositions as soon as we are allowed.”
Two lower courts had allowed Kearney’s case to proceed before the school appealed to the state Supreme Court, which did not issue an opinion with its decision to reject the school’s request. Texas can ask the state Supreme Court to reconsider its decision, although such motions are rarely granted.
Mask said Kearney is willing to meet with university officials to consider a settlement. Texas has already paid private attorneys more than $400,000 to defend the lawsuit, according to financial records obtained by The Associated Press. More than $200,000 was paid to the law firm of attorney David Beck, who left the case when he was named to the Texas Board of Regents in early 2015.
