In a brief filed Monday to the Texas Supreme Court, Bev Kearney’s attorney alleges the circumstances involving Major Applewhite’s January 2009 encounter with a student trainer are “much more serious” than the University of Texas claims.
Kearney, UT’s former track coach, is suing the university on race and gender discrimination. The brief was filed the same day Applewhite was introduced as the new coach at the University of Houston.
Kearney was engaged in a long romantic relationship with a former athlete and claims she was treated differently than Applewhite, who UT has said had an inappropriate relationship with a graduate student trainer prior to the 2009 Fiesta Bowl.
Kearney resigned under pressure. Applewhite was reprimanded, but not fired, and later promoted and given pay raises.
In a request to add additional evidence, “Kearney would likely be able to plead additional facts showing that the circumstances surrounding Applewhite’s affair are not as the University claims, and were much more serious than those surrounding Kearney’s entirely consensual relationship with a student ten years prior to her termination.”
Also, Kearney would also “have little trouble alleging which specific administrator(s) were involved in both the investigations and employments actions for Kearney and Applewhite,” according to the brief.
Kearney first sued UT in 2014 but the case has been slow moving through the court system. In late August, attorneys representing UT asked the Texas Supreme Court to block the case. Two lower courts have allowed the case to proceed.
The state Supreme Court has not issued its final ruling.
Contact Brian Davis at 512-445-3957. Email firstname.lastname@example.org.
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