UC Davis Will Pay Coach $725,000 to Settle Title IX Discrimination Case
Chronicle of Higher Education 1/23/07
Michael D. Burch, who served as head coach of the wrestling team from 1995 to 2001, alleges he was fired in retaliation for his outspoken support of four female wrestlers in their gender-discrimination claim against the university.
The university denies Mr. Burch's allegations, but it announced on Friday that it had decided to settle the suit to limit its potential liability and further litigation costs from the three-year legal battle.
"The decisions made by our intercollegiate athletics leadership in all matters related to former coach Burch and the wrestling program were principled and responsible," Janet Gong, the campus's interim vice chancellor for student affairs, said in a written statement. "While a settlement is prudent, we firmly believe that Mr. Burch's charges of retaliation are simply not true."
Mr. Burch, however, views the generous settlement as a vindication of his claims and a coup for the emerging sport of women's wrestling. "I think the amount spells that out to anyone with common sense," said Mr. Burch, who is now an assistant coach at Brown University. "The settlement was a big success for us."
The lawsuit stemmed from a controversy that erupted at the Davis campus six years ago.
A small number of female wrestlers had practiced alongside men on Davis's varsity team for a decade, but Mr. Burch says he was told to take them off the team roster in the fall of 2000. The university decided not to renew Mr. Burch's contract shortly after the women lodged a complaint of gender bias with the U.S. Education Department's Office for Civil Rights, and Mr. Burch publicly supported the women in campus protests.
According to the university's statement, the women held only an "unofficial status" on the team because women's wrestling is not sanctioned by National Collegiate Athletic Association, and the women did not compete against men for their spots on the varsity team. The statement added that fewer than 10 women had expressed interest in wrestling during Mr. Burch's time as coach.
Mr. Burch filed his lawsuit against the University of California in 2003, alleging that his dismissal was retaliation and violated his rights under the First Amendment and Title IX of the Education Amendments of 1972, the federal law that prohibits sex discrimination at institutions that receive federal funds.
Last summer, the U.S. Supreme Court ruled in a similar case that whistle-blowers who experience retaliation for reporting sex discrimination at educational institutions may sue for damages.
A class-action gender-discrimination suit against the University of California brought by four female wrestlers is still pending.