Drake Reaches Settlement with Athletic Trainer, Who Claimed School Failed to Accommodate His Medical Condition

Aug 3, 2018

Drake University and its former head athletic trainer have reached a settlement, ending a legal dispute that centered on whether the school sufficiently accommodated an athletic trainer’s medical condition and then overreacted when it fired him because of an alleged byproduct of that medical condition.
 
Scott Kerr, 61, was fired on Sept. 2, 2016 after he urinated in a whirlpool tub in the training room, which is used by student-athletes.
 
After his termination, Kerr filed a complaint with the Iowa Civil Rights Commission, claiming he was terminated because of a medical condition. Kerr claimed that in 2010 he was diagnosed with neurally mediated syncope. This, he claimed, requires him to drink copious amounts of water to stay hydrated. Kerr also alleged he suffers from an enlarged prostate. Combined, both factors cause a frequent urge to urinate, according to the complaint.
 
The school issued the following statement: “Drake University and its former Head Athletic Trainer, Scott Kerr, have reached a mutually-agreed upon settlement. The agreement provides for no admission of liability or wrongdoing by either party, and avoids further litigation between them.”
 
Financial terms weren’t disclosed.
 
“Drake University appreciates the many years of service Scott Kerr provided the University,” said Drake University President Marty Martin. “We wish him well in his future endeavors.”
 
Kerr responded with his own statement:
 
“I loved my time at Drake. I made many good friends through the Department of Athletics, and wish those friends nothing but the best.”


 

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