PITTSBURGH – A bi-racial high school student who filed a lawsuit alleging racism led her coach to benching her at a championship track meet, has settled her discrimination claims.
K.M. (a minor, by and through Marjorie M., as her parent and legal guardian) first filed suit in the U.S. District Court for the Western District of Pennsylvania on Sept. 26 versus Brownsville Area School District, of Brownsville.
The suit was filed after events taking place at the 2022 Western Pennsylvania Interscholastic Athletic League Track and Field Championships last May.
According to the lawsuit, K.M. said coach Chad Gaster told her she wouldn't take her normal spot on the 4x100 relay team because of her shin splints.
“Plaintiff K.M. has not been instructed by a doctor to refrain from running. Other members of the defendant’s track and field team, including Caucasian individuals, also experience pain in their legs after running and/or have 'shin splints,” the suit said.
The suit added that when another coach backed the benching and said K.M. would serve as a backup for a different event, her mother took her to a chiropractor. The next day, she was not allowed to participate in her event, because she did not practice the previous day.
“Plaintiff K.M. believes and therefore avers that she was removed from the 4x100 meter-relay because of her race, African-American and Caucasian,” the suit stated.
In response, the District denied the claims in a Nov. 28 answer to the complaint.
“The District admits that K.M. was advised that she was not going to run in the 4x100 meters relay at the WPIAL track and field championships. The District denies that its coach told K.M. that she was not running because she was hurt. To the contrary, K.M’s performance had regressed in practice and in track meets prior to the championships, which led to a collective decision by the coaches to move K.M into different relay positions on the 4x100 meters relay team. The coaches’ concerns regarding K.M.’s declining performance began as early as mid-April, 2022. The coaches believed that K.M.’s performance was declining due to possible injury or lack of motivation/performance,” the answer stated, in part.
“During the Fayette County track and field invitational in the spring of 2022, K.M. advised her coaches that she was unable to compete in the 400-meter run, but would be able to compete in the 200-meter dash (which comes after the 400 -meter run). On May 17, 2022, K.M. was removing herself from drills and practice due to her complaints of pain, and being unable to finish races. The District’s coaches conferred and collectively decided that it would be in the best interests of the team to replace K.M. on the 4x100 meter relay team, with K.M. serving as an alternate. Strict proof to the contrary is demanded.”
The District further countered that the plaintiff’s claims were barred by applicable statutes of limitations, that it did not violate the plaintiff’s constitutional rights, that it had an established effective anti-discrimination policy and complaint reporting procedure in place, and that the plaintiff could not demonstrate a widespread or systemic discriminatory policy, practice or custom attributable to the District.
UPDATE
On March 27, counsel for both parties filed a stipulation of dismissal – which was also signed by U.S. District Court for the Western District of Pennsylvania Judge Robert C. Colville.
“The parties to this action by and through their undersigned counsel of record hereby stipulate to the dismissal of this action with prejudice and each party to bear its own costs,” per the stipulation.
The plaintiff was represented by Joel S. Sansone, Elizabeth Tuttle and Massimo A. Terzigni of the Law Offices of Joel Sansone, in Pittsburgh.
The defendant was represented by Joseph W. Cavrich and Casey P. Rankin of Andrews & Price, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-01369
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com