By Rachel S. Silverman
Neil McGuire, head coach of the women’s soccer team at the University of California, Berkley (UCB), recruited Renee Thomas to play at UCB and convinced her to play at UCB without a scholarship, instead of at the University of Colorado, which had offered her a scholarship.
Thomas played her freshman year (2018-2019) and, in the spring, was released from the team, along with four other players. McGuire remains the head coach for women’s soccer as of 2023, marking his 17th season with the team.
Thomas sued UCB, McGuire, and the Director of Athletics (Knowlton), first in federal and then state courts. Thomas alleged she turned down a scholarship to another school based on McGuire’s recruitment efforts, but McGuire failed to disclose his abusive coaching style and the culture of intimidation and fear. Thomas claims McGuire berated the young women on the team, inquired into their sex lives, and psychologically abused them.
The lawsuit alleges multiple complaints about McGuire’s conduct since at least 2009 were brought to the athletic director and administration of the University, but the athletics director and administrators chose not to investigate the claims. In 2018, the assistant athletic trainer made a complaint about McGuire’s behavior, explaining McGuire was physically and psychologically abusing the team. In 2019, a mother of one of the players also documented the abuses suffered by her daughter in a letter to Jennifer Simon-O’Neill, Knowlton’s “second in command.” The mother also attempted to meet with the UCB Chancellor but was told by Knowlton the complaints were not validated. In April 2019, three players met with Knowlton and Simon-O’Neill and were told there was nothing they could say that would result in the coach being terminated. In December 2019, the Office for the Prevention of Harassment and Discrimination (OPHD) reported a complaint from a UCB employee regarding McGuire’s harassment of the players. Nothing was done by the Director of Athletics or the University concerning these complaints.
Initially, Thomas filed a complaint in federal court alleging disparate treatment of the UCB’s men’s and women’s soccer teams in violation of Title IX and California Education Code Section 66271.8, gender discrimination in violation of the Unruh Civil Rights Act, and negligence and negligent infliction of emotional distress. It did not include any allegations about McGuire’s abusive treatment. The district court dismissed the complaint with leave to amend three of the causes of action. Thomas filed an amended complaint alleging Title IX, Unruh Act, and negligence claims and added a new claim against McGuire for breach of fiduciary duty. Thomas added allegations describing McGuire’s abusive conduct and the complaints that were not investigated by Knowlton and UCB. The federal case was dismissed without leave to amend, so Thomas sued in state court, alleging claims against McGuire and Knowlton for violation of the Unruh Act and negligence, against McGuire for breach of fiduciary duty and fraud, and against USB under Government Code section 815.2. The trial court sustained the demurrer to the claims without leave to amend.
The appellate court concluded Thomas sufficiently pleaded a cause of action for sexual harassment in violation of Civil Code 51.9 against McGuire and UCB, and she should have been allowed to amend her complaint to clarify the statutory basis of the claim. This sets a new precedent in sexual harassment cases because Civil Code 51.9 pertains to nonworkplace environments. The appellate court affirmed the trial court’s decision on all other claims.
References
Thomas v. Regents of Univ. of Cal., Case No. 19-cv-06463-SI (N.D. Cal. Jul. 10, 2020)
Rachel Silverman is an Assistant Professor and Program Coordinator for the Sport and Recreation Management Program in the Kinesiology and Sport Sciences Department at the University of Nebraska at Kearney. She is a PhD candidate at Troy University. Her research agenda focuses on women in sports, including legal, sociological, and ethical aspects of sports management.
