Another Title IX Retaliation Lawsuit Emerges

Source: College Sports Business News

Floodgates of litigation opening

Texas A&M’s former head diving coach, Kevin Wright, has filed a Title IX retaliation lawsuit. He was fired in September from his position as head coach. The lawsuit alleges that he was terminated in retaliation for reporting concerns about gender discrimination in athletics.  Wright has filed suit under a Texas whistleblower protection statute that protects state employees.

The floodgates of litigation seem to have opened regarding a new wave of Title IX complaints and administrators across the nation need to take notice. Multiple cases from California have been resolved recently. The prevalence of these cases has been significantly influenced by the Supreme Court’s decision in 2005 in Jackson v. Birmingham Board of Education. In that case, the Court ruled that individuals who complain about sex discrimination and are later subjected to some form of retaliatory action have a private right of action for retaliation under Title IX. Jackson involved a former girl’s high school coach who had allegedly been dismissed because of his gender equity advocacy for the girls’ teams.

The Jackson decision was a landmark ruling by the Supreme Court because the prohibition against retaliation was not explicitly set forth in Title IX.

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