Well, she said she would and now she has. Coach Bev Kearney filed suit against the University of Texas alleging race discrimination. She has filed suit alleging discrimination based on race and gender. I previously wrote about her EEOC charge here and here. In her lawsuit, she claims that she was treated differently than other UT employees. Her complaint refers specifically to Coach Major Applewhite and his known relationship with a student trainer. Coach Applewhite was not placed on suspension or fired, as Coach Kearney was. The complaint also refers to Jim Moore, former volleyball coach, who married a former student-athelete at Northern Michigan in the 1990′s. And, the complaint refers to a "high level administrator" within the Athletic Department who has carried on a prolonged relationsip with a employee for about three years. See Austin American-Statesman report.
As I mentioned before, the challenge in making out lawsuits based on disparate treatment is that the plaintiff must show that the deciding official was the same in all cases and the offenses are truly comparable. Here, Coach Kearney adds the additional factor, that of disclosing potential dirt on current employees. The unnamed administrator’s situation would be relevant only if Coach Kearney can show the relationship was known to the deciding official(s). This lawsuit should be interesting on many levels.