A federal judge has dismissed the claim of a former University of Minnesota Duluth (UMD) athlete, who alleged that the school’s administration retaliated against her because of her support for her former coach, who ultimately resigned in August 2018 amid allegations of sexual misconduct.
Plaintiff Paige Du Bois, through her attorney, told the media that she intends to pursue “all of her legal options going forward, so her rights can finally be fully vindicated.”
For background purposes, Joanna Warmington, the former coach, recruited Du Bois. When Warmington was placed on leave, Du Bois was her staunchest defender and met with UMD athletic department staff on at least nine occasions. Reportedly, she was assured that Warmington’s return was a matter of “if” not “when.”
On Aug. 20, 2018, the first day of training camp, the school’s athletic director informed the team that Warmington had resigned, and that the team would be operating without a coach for the time being. Du Bois confronted the athletic director in front of the team, claiming he had forced the coach’s resignation.
Du Bois requested a redshirt shortly thereafter, meaning she would sit out a season and preserve a year of athletic eligibility. The request was denied. Days later, she transferred to Northern Michigan University.
In June 2019, she filed a federal lawsuit, claiming retaliation because she supported her former coach. Specifically, she alleged that the administration retaliated when it denied her redshirt request.
Du Bois also alleged that she suffered discrimination in violation of Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in educational institutions.
The university moved to dismiss the claim.
The court granted the motion, even dismissing the retaliation claim with prejudice, writing that it was “implausible.” In particular, it noted that the university treated the plaintiff favorably immediately after she spoke up for the coach. UMD did take action in August, but not because she initially defended the coach. Rather, Du Bois “embarrassed the athletic director by accusing him of lying in front of the entire women’s cross-country team.”
As for the Title IX claim, the court wrote that “the problem for Du Bois is that she never reported, complained about, or in any other way opposed sex discrimination. To the contrary, Du Bois defended Warmington — a coach who had been accused of sex discrimination.”
