Monday December 10th, 2018 7:18PM

Ex-track coach's lawyers to question ex-top Texas officials

By The Associated Press
Related Articles
  Contact Editor

AUSTIN, Texas (AP) — A former University of Texas president, former athletic director and former football coach Mack Brown all are scheduled to be questioned under oath next week in a sex and race discrimination lawsuit filed by former women's track coach Bev Kearney, who was forced out after the school learned she had a romantic relationship with one of her athletes a decade earlier.

Kearney's attorneys have identified former President Bill Powers and former athletic director DeLoss Dodds and Brown as key figures in how the school reacted to Kearney's relationship and how its disciplinary response differed from actions taken against former football assistant Major Applewhite, who was allowed to stay on the job and later promoted despite a relationship with a student trainer on a team bowl game trip after the 2008 season.

Kearney, who is black, was forced to resign in 2013 under threat of being fired. Applewhite, who is white, was ordered to undergo counseling, but was allowed to keep his job. He was later promoted and stayed on Brown's staff until Brown was forced out after the 2013 season. Applewhite, who also played quarterback at Texas, is now the head coach at Houston .

Kearney's lawyers have questioned why the school publicly announced Kearney's discipline, but Applewhite's incident, which school officials have called consensual, didn't surface until nearly five years later when the Daily Texan student newspaper filed a public records request for his personnel file. University regents said they didn't know about the Applewhite incident until 2013.

"Why did Texas sweep the misconduct of Applewhite, a white male, under the rug, but publicly punish Kearney, an African-American female? It's time for the decision makers to explain themselves," Kearney attorney Jody Mask told The Associated Press.

Dodds and Powers are scheduled to be deposed Monday and possibly into Tuesday. Brown's deposition is scheduled for Tuesday. All three are still on the Texas payroll and have been represented by school attorneys.

School officials have said Kearney "crossed the line" as a coach with her relationship with a student athlete.

"All actions taken by Texas were lawful and appropriate" the school said in a statement Friday. "We are continuing to respond to this lawsuit through the proper legal channels and will not discuss it through the media."

Applewhite didn't immediately respond to a request for comment made Friday through the University of Houston.

Kearney was one of the most successful women's track coaches in the country and was considered for a significant raise in 2012 until the 2002 relationship with one of her runners was reported to school officials. She now lives in California.

Kearney's lawyers are accelerating evidence gathering after a two-year delay. Witness interviews had been on hold while the university pursued appeals to block the lawsuit. Those moves began shortly after Kearney's lawyers first informed Texas they would seek depositions from Dodds, Powers, Brown and others, including women's athletic director Chris Plonsky. The Texas Supreme Court ruled in June the lawsuit could proceed.

Applewhite is the only person deposed so far. His interview and documents previously released to Kearney's lawyers were sealed by a court order, requested by the university on the grounds that it was needed to protect private student information. It is likely the school seeks to keep the latest round of depositions private as well. Kearney's lawyers have said they will ask the trial court to lift the protective order.

Kearney's lawyers have said they are willing to discuss settling the case. Texas has already spent about $500,000 to defend the lawsuit, according to financial records obtained by the AP.

Current track coach Mario Sategna took personal leave in 2016 and was later placed on administrative leave as the school conducted an ethics and conduct investigation.

The reason for the investigation was never made public. Sategna was allowed to return to work in January after the school said its concerns had been addressed. The state attorney general's office has ruled school officials can keep the results of that investigation secret.

  • Associated Categories: Associated Press (AP), AP Sports, AP Online Football, College Sports, AP Business, AP Sports - College Football
© Copyright 2018 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
After massacre, Las Vegas police beef up marathon security
Las Vegas is posting snipers and surrounding tens of thousands of runners with other safety measures at a weekend marathon
5:14PM ( 1 minute ago )
The Latest: FX cuts ties with Louis C.K., ending 4 TV shows
The Latest: FX Networks and FX Productions announcing they will cut ties to Louis C.K., stripping his title as executive producer and taking away any compensation for the four projects they were working with him on
5:04PM ( 11 minutes ago )
The Latest: Moore refuses to quit Alabama Senate race
Republican Roy Moore is showing no willingness to step away from the Alabama Senate race
4:56PM ( 19 minutes ago )
Associated Press (AP)
Jerry Jones: Objection to Goodell deal not about Elliott ban
Cowboys owner says objection to extension for Goodell is not tied to Elliott's six-game ban
2:05PM ( 3 hours ago )
Yankees interview Wedge, former Indians, Mariners manager
Former Cleveland, Seattle manager Eric Wedge interviews for Yankees job
1:42PM ( 3 hours ago )
AP rankings: Unanimous pick Aaron Donald is NFL's top DT
AP position rankings: Aaron Donald of the Los Angeles Rams is unanimous pick as NFL's best defensive tackle
1:33PM ( 3 hours ago )
AP Sports
Injuries galore in Seahawks' Thursday night victory
There were injuries galore in Seattle's 22-16 victory over Arizona and several players said it was no coincidence that they happened in a Thursday night game
4:09AM ( 13 hours ago )
Week 11 preview: Booking trips to championship weekend
Time to start filling those slots for championship weekend
1:56AM ( 15 hours ago )
Wilson throws 2 TD passes, Seahawks win again in Arizona
Russell Wilson threw two touchdown passes to Jimmy Graham and the Seattle Seahawks added to their history of success in Arizona with a 22-16 victory over the Cardinals
1:41AM ( 15 hours ago )
AP Online Football
Led by South Carolina, UConn, women's hoops tips off Friday
Dawn Staley and South Carolina Gamecocks look to defend their title as NCAA defending champs as season begins
3:48PM ( 1 day ago )
UConn women motivated, not dwelling on Final Four loss
UConn comes into the season off a loss, an unusual position after a 111-game winning streak
1:16PM ( 1 day ago )
Chinese authorities say 3 Americans are under investigation
Chinese authorities are investigating three Americans following media reports that three UCLA freshmen were arrested for shoplifting ahead of their basketball game against Georgia Tech in Shanghai
5:50AM ( 1 day ago )
College Sports
Zinke says Democrats holding Interior nominees 'hostage'
Interior Secretary Ryan Zinke is complaining that Senate Democrats are holding the department's nominees "hostage" to a political agenda
4:18PM ( 58 minutes ago )
Publisher says Arizona lawmaker made offensive remarks
The publisher of Arizona's largest newspaper has joined a growing list of women who say a top Republican state lawmaker subjected them to inappropriate sexual comments or actions
4:14PM ( 1 hour ago )
Food pantry brings mourners together after church shooting
Reopening of a food pantry offers Texas community another chance to mourn after church shooting
4:08PM ( 1 hour ago )
AP Business
No change at top of CFP rankings; Miami poised to make move
Georgia, Alabama, Notre Dame and Clemson keep top 4 spots in CFP rankings; unbeaten Miami moves up to No. 7
1:08AM ( 2 days ago )
Clemson coach: Laptop comments challenge team's integrity
Clemson coach Dabo Swinney said the charges of North Carolina State coach Dave Doeren over a laptop spotted on the Tigers' sideline last week are a challenge to the team's integrity
12:35PM ( 3 days ago )
AP Top 25 Heat Check: Meyer's issues show Saban's greatness
After another puzzling loss by Ohio State under Urban Meyer, it becomes most clear just how remarkable what Nick Saban is doing with No. 1 Alabama.
12:30PM ( 4 days ago )
AP Sports - College Football
The Latest: FX cuts ties with Louis C.K., ending 4 TV shows
The Latest: FX Networks and FX Productions announcing they will cut ties to Louis C.K., stripping his title as executive producer and taking away any compensation for the four projects they were working with him on
5:04PM ( 12 minutes ago )
The Latest: Moore refuses to quit Alabama Senate race
Republican Roy Moore is showing no willingness to step away from the Alabama Senate race
4:56PM ( 20 minutes ago )
Namajunas ready for what comes next as UFC's new superstar
Rose Namajunas is set to become the face of the women's division in UFC
4:45PM ( 31 minutes ago )
Vandeweghe, Stephens open play vs Belarus in Fed Cup final
CoCo Vandeweghe will play in the opening match of the Fed Cup final on Saturday when the United States takes on Belarus
4:36PM ( 40 minutes ago )
Sri Lanka govt faces pressure over torture, rape allegations
Sri Lanka is coming under increasing pressure to answer for allegations surrounding human rights abuse allegations
4:33PM ( 42 minutes ago )