A couple months ago we blogged about South Carolina State University's decision to fire its head men's basketball coach, Jamal Brown. The University's explanation was vague, suggesting only that he had done something to jeopardize the school's compliance with Title IX. We thought it was probably a sexual harassment situation, a theory which was later confirmed when the press reported that the coach was under investigation for a relationship with a female student trainer.
But according to the local paper in Columbia yesterday, the investigation never lead to any formal charges against Brown, who was not reinstated. He plans to sue the University this week for violating the terms of his employment contract. The issue in dispute seems to be whether Brown's refusal to submit to the University's request that he take a polygraph test was proper grounds for his dismissal. Brown argues it was not proper for the University to ask him to take a polygraph in the absence of formal charges against him. Thus, he says, he was within his right to refuse to take the test.
The University claims that they did not require pending charges against Brown, because they weren't investigating his culpability, but the University's own compliance with Title IX. To be sure, schools can be liable under Title IX when their employees and even their students sexually harass another student -- see, e.g., the UNC case. Thus, the University's position is that Brown's refusal to take the polygraph test was conduct that obstructed a Title IX investigation, an offense for which Brown could legally be fired.
The way this case is being reported, it sounds like the University is using a semantic distinction between investigating Brown and investigating its own Title IX compliance to justify why it fired a coach who was never charged with misconduct.
An interdisciplinary resource for news, legal developments, commentary, and scholarship about Title IX, the federal statute prohibiting discrimination on the basis of sex in federally funded schools.
Showing posts with label South Carolina State. Show all posts
Showing posts with label South Carolina State. Show all posts
Monday, June 18, 2007
Saturday, March 31, 2007
Coach fired over Title IX violations
South Carolina State University fired its head basketball coach last week. Jamal Brown was fired, according to university reps because he "violated the university's obligations under Title IX."
Because this is a personnel matter, and because the violations could result in litigation the university will not release any more details. This means we are left to speculate. Erin thinks the only thing the vague official comments could mean is that Brown was involved in some kind of harassment situation.
This was Brown's first season at SC State and it was losing one with a 13-17 record. But apparently there were even bigger problems.
4/2 UPDATE: This article actually sheds a little more light on the situation with Brown and SC State. He has been investigated for a relationship with a team trainer who has said the relationship was a professional one. So reading between the lines it seems that the school has dismissed him because perhaps he was less than cooperative during the investigation. Or at least that is the official reason.
Because this is a personnel matter, and because the violations could result in litigation the university will not release any more details. This means we are left to speculate. Erin thinks the only thing the vague official comments could mean is that Brown was involved in some kind of harassment situation.
This was Brown's first season at SC State and it was losing one with a 13-17 record. But apparently there were even bigger problems.
4/2 UPDATE: This article actually sheds a little more light on the situation with Brown and SC State. He has been investigated for a relationship with a team trainer who has said the relationship was a professional one. So reading between the lines it seems that the school has dismissed him because perhaps he was less than cooperative during the investigation. Or at least that is the official reason.
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