By Alejandra D. Gonzalez, Esq., of Switkes & Zappala, P.A.
Eighteen former swimmers from the University of California, Berkeley (“Cal”) NCAA Division I women’s swimming team have sued The Regents of the University of California (“UC Regents”), the governing board of the University of California university system, and its unknown employees or agents for the abuse they suffered at the hands of former Cal head coach, Teri McKeever. The ninety-one page complaint details how highly accomplished female swimmers, ranging from U.S. Olympic Trials qualifiers, All-Americans, and an Olympic gold medalist, suffered emotional, psychological, and verbal abuse by McKeever, which was disregarded as well as enabled by UC Regents.
According to the lawsuit filed this May, the swimmers were lured to Cal due to McKeever’s success and reputation as a “maker of Olympians,” coupled with the promise of an investment into their academic success to prepare them for the professional world. For many of the plaintiffs, it was an added draw to be coached by a successful woman, in what is typically a male dominated coaching environment. Parents of the swimmers were told that McKeever would be like a mother figure to the young and accomplished swimmers, who hailed from all over the United States, and internationally. Instead, what followed was a repeated pattern of abuse, spanning almost thirty years, and resulting in the swimmers suffering emotionally, psychologically, and physically, even to this day.
UC Regents was allegedly aware of McKeever’s abusive conduct as early as 1994, with McKeever suggested to take anger management courses by Cal leadership, yet the board still portrayed her to potential recruits and the public as “exemplary.” A “cycle of abuse” is illustrated throughout the complaint, starting as early as the first week of practice, where the swimmers would quickly become apprised of the true culture of the Cal swimming team. Before outlining the specific abuse suffered by each individual complainant, a lurid account of the environment is depicted, describing an atmosphere where athletics trumped academic pursuits, scholarships were threatened, and swimmers were accused of faking their injuries and were degraded in front of other team members. One especially shocking claim levied against McKeever describes a yearly team retreat where swimmers were forced to be vulnerable and share any traumatic experiences they faced throughout their lives, including past sexual trauma, which would be transcribed by McKeever in a notebook. McKeever would subsequently utilize their confessed vulnerabilities to belittle them during the season. Another portion of the lawsuit details an incident where one of the swimmers was sexually assaulted during her freshman year by another student, resulting in physical injuries, however, a subsequent team meeting blamed the swimmer for her drinking, who McKeever referred to as “weak.”
The complaint further claims that UC Regents was on notice of McKeever’s abuse, unsafe training methods, and inadequate concern for injuries and medical conditions, which led to a high attrition rate, along with complaints of anxiety, depression, and suicidal ideations by the swimmers. Nevertheless, UC Regents promoted McKeever. Her salary before being terminated was $242,500, excluding performance bonuses, and she was slated to continue her reign as the head coach until 2024. However, McKeever was fired on January 31, 2023, following the conclusion of an investigation conducted by Munger Tolles & Olson LLP, later released as a redacted report by Cal. The former swimmers believed that they themselves were to blame for their traumatic experiences at Cal until the Orange County Register published an investigative article recounting the alleged bullying and abuse suffered by the swimmers. It was at that moment that the women realized that McKeever’s conduct was palpable, widespread, and not a figment of their imagination. The Cal alumni discerned that they could have a cause of action against UC Regents for its enabling behavior and encouragement of their alleged abuser.
The six counts levied against UC Regents are negligence; negligent supervision or retention; negligent failure to train, warn, or educate; negligent infliction of emotional distress; violations of the California Equity in Higher Education Act; and ratification. At the time of the lawsuit Cal stated it had “no comment.” In conjunction with the aforementioned claims, sexual assault allegations against other Cal employees are touched upon, with the Assistant Director of Student Services in the Athletics Department, Mohamed (“Mo”) Muqtar, claimed to have sexually assaulted and harassed numerous student-athletes, including the swimmers. An unnamed employee of the Cal athletics department also allegedly assaulted one of the plaintiffs, however unlike Muqtar, he was not fired by Cal because at the time of the assault he was not a full-time employee. It is not the first time a California university has faced the consequences of the nefarious actions of its athletics employees, as seen with San Jose State University, whose athletic trainer was criminally charged in a federal action.
References:
Touhey et al., v. The Regents of the University of California, Case No. 23CV032249 (Cal.
Super. Ct. Alameda County May 1, 2023).
Gurevich, N. (2023). Cal swim alumni sue the university, saying it turned a blind eye to coach’s alleged abuse. San Francisco Examiner. Retrieved fromhttps://www.sfexaminer.com/news/education/cal-sued-by-former-swim-team-members-over-alleged-abuse/article_3e238aa4-eac7-11ed-939a-9f431016faef.html.
Jacoby, K. and Axon, R. (2022).Former San Jose State trainer Scott Shaw charged with sexually assaulting student-athletes. USA TODAY. Retrieved from https://www.usatoday.com/story/news/investigations/2022/03/10/fbi-charges-former-san-jose-state-athletic-trainer-scott-shaw-sexual-assault/6992466001/.
