By Margaret Kelly
Former University of Toledo (UT) softball coach, Tarrah Beyster, filed suit in federal district court on October 22, alleging that the university violated Title IX, which prohibits gender-based discrimination in any federally funded education program or activity.[1]
Coach Beyster “resigned” from her position at UT over a year ago. The suit alleges, however, that Beyster was in fact forced out on charges of “insubordination” that were brought in the aftermath of Beyster’s complaints to university regarding perceived inequities in UT’s treatment of its softball and baseball programs.
At core, Beyster’s lawsuit alleges “glaring inequalities” between the baseball and softball programs; a hostile work environment; and that UT retaliated against her for complaining of Title IX violations, ultimately pressuring her into resignation in November 2013.
The lawsuit characterizes Coach Beyster as an active and dedicated advocate for gender equality in college athletics, but states that her efforts were repeatedly “rebuffed” by UT administrators. The complaint highlights the following issues, among others:
Beyster didn’t have a multi-year contract, though male coaches did.
Beyster was among the lowest paid coaches at the school and the lowest paid softball coach in the Mid-American conference.
The baseball program had a long-term graduate assistant, while softball graduate assistants were not permitted to stay longer than two years.
The baseball program was permitted to keep the money earned from renting out their fields, while the softball program had to turn all rental revenues over to the Facilities Department.
The softball program had to share its locker-room with the girls’ soccer team, where male coaches would walk in. The baseball program, by contrast, had a locker-room all to itself.
Male referees and umpires were assigned to use the women coaches’ locker room, where the male officials “walked in on every female coach, and at least three female coaches were nude when a referee or umpire walked in.”
After Coach Beyster raised many of the above concerns with UT administrators, the lawsuit alleges “clear” retaliation on the part of UT; it states that Coach Beyster was personally targeted and mistreated by the UT athletics department. Specifically, the complaint reports that former associated athletics director Mike Karabin referred to Beyster as “Coach Bitch,” and commented that the university would be “better off without softball.” UT also allegedly refused to hire Beyster’s preferred assistant coach, and “threatened consequences if parents or players called or wrote letters” supporting the proposed coaching team. To top it all off, Athletic Director Mike O’Brien reportedly refused to meet with Coach Beyster regarding the incidents in question, despite her repeated requests.
Finally, in November of last year, UT held what Beyster characterized as a surprise disciplinary hearing and charged her with insubordination. “The University demanded she resign or be terminated, promising to make the resignation as pretty as possible.” Beyster’s resignation was announced the next day.
On this note, the lawsuit takes pains to highlight separate instances where male head coaches and administrators “committed much more egregious offenses” without being fired:
Former UT swim coach Lars Jorgensen “had a long term romantic relationship with a payer. The University hired this player as an assistant coach and eventually promoted her to head coach, passing over top candidates for this position.”
Former UT track and cross country coach Kevin Hadsell allegedly had romantic relationships with runners, in addition to driving the team bus while intoxicated.
Former UT deputy athletic director Mike Karabin was allegedly arrested for drunk driving, accused of having an affair and of sexually harassing a subordinate.
It is worth recognizing, here, that while it may be easy to sympathize with Ms. Beyster given the apparently disparate treatment accorded her colleagues, it is unclear at this point whether a legitimate gender-discrimination claim will stand.
Looking briefly at her background, Ms. Beyster was an All-American and former college star at Oregon state. When she was contacted about an opening at UT in 2009, her lawsuit documents that she was initially apprehensive due to the program’s “poor reputation, low salaries and meager budget,” but she was allegedly promised full control, as well as salary and budget increases by the administration. The lawsuit goes on to say that “almost immediately upon her start at the University, Coach Beyster recognized the glaring inequalities between the men’s and women’s athletic programs, generally, and the softball and baseball programs, specifically.”
Ultimately, Beyster has brought suit for one count of “Unlawful Retaliation and Discrimination in Violation of Title IX of the Educational Amendment Act of 1972.” She is seeking back pay, front pay, compensatory and punitive damages, and a reimbursement for associated legal fees. Beyster is also (surprisingly, perhaps) seeking an order reinstating her employment at UT.
Supporting this prayer for relief, Beyster’s lawsuit states generally that “the University’s unlawful conduct was proximate cause of Coach Beyster’s loss of employment, negative impact on her future employability and earning potential, and other economic losses…”
UT has been largely unavailable for comment on the matter, excepting the following brief missive issued by a UT communications director on behalf of the administration: “While we are unable to comment on pending litigation, we can say that the University of Toledo is committed to gender equality for all student-athletes and athletic programs….Any suggestion to the contrary is simply not true.”
This suit has landed amid a flurry of Title IX lawsuits pending against dozens of universities nationwide, which allege flawed or failing protocols with respect to sexual violence on campus. The Department of Education has reported that upwards of 85 colleges and universities, coast to coast, are currently under federal investigation for alleged Title IX violations. The number seems to be climbing with some regularity.
Margaret Kelly is a rising 3L at Virginia Law, where she has developed a strong interest in sports law as well as US regulatory law and policy. She graduated from Princeton University in 2010, with a major in Political Theory. She spent the summer of 2013 as a Summer Associate in Washington, DC at Venable, LLP.
[1] On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. The Act holds, in relevant part, that “no person in the United States shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
