Former A&M diving coach files lawsuit against University

Former Texas A&M diving coach Kevin Wright has filed a lawsuit in federal court against
the University.

Wright served as head diving coach at A&M for 17 years (1992-2009). During his tenure with A&M, he was 12-time conference Coach of the Year.

In the lawsuit, Wright said his employment with the University was wrongfully terminated in September 2009 because he raised concerns regarding compliance with Title IX gender
equity statutes.

Title IX is a federal law that requires that educational programs, including collegiate athletics, not discriminate or deny benefits on the basis of sex.

The lawsuit was originally filed in state courts under the Texas Whistleblower Act, which protects state employees who report violations of law, but has since been moved to the federal district court in Houston because of similar protections under Title IX.

In September 2008, Wright said he was asked to send a female diver to a meeting with a federal investigator reviewing A&M's compliance with Title IX. He said the diver claimed that Head Swimming Coach Steve Bultman told his athletes to lie about the team's traveling arrangements to avoid penalty.

"Bultman instructed them to lie to the Title IX representative and not disclose that he was placing more than two female athletes in a hotel room when the team traveled," Wright said. "The female diver … was upset that she was asked to lie and remained quiet for most of the meeting, including while the female swim team member gave a false answer when asked about the women's travel and hotel arrangements."

Three months later, Wright said he sent an e-mail to members of the Athletic Department expressing concern about compliance with Title IX and requesting female athletes be treated equally to males on road trips.

Because coaches are state employees, any future Title IX investigation in the Athletic Department could access Wright's e-mail. Wright said he was rebuked for putting his concerns in writing.

"Texas A&M Athletic Department members immediately reacted with hostility to Coach Wright's e-mail raising concerns about compliance with Title IX," Wright wrote in a complaint dated Jan. 28.

In March 2009, Wright said he met with Assistant Athletic Director Milton Overton at a sports bar in College Station. Wright said he discussed possible NCAA recruiting violations with Overton before being accused of "discussing comments of a sexual nature" with Women's Swimming Assistant Coach Tracy Duhac. Wright said the accusation was a misrepresentation of the truth.

"Coach Wright immediately clarified and reported that he was merely discussing with Ms. Duhac concerns she had raised that Head Coach Bultman made inappropriate sexual jokes and comments to his female student swimmers," according to the complaint.

The suit claims Overton reacted negatively to Wright's reports and that he recommended Wright seek counseling for anger management.

In March, after he formally submitted a written report of violations to the Athletic Department, Wright said Overton called and was "furious."

"Mr. Overton literally screamed multiple times … ‘YOU PUT IT IN WRITING!' … and again accused Coach Wright of being mentally ill for submitting the e-mail," according to the complaint.

The following August, Athletic Director Bill Byrne showed up at Wright's house and fired Wright from his position with the University, according to the complaint.

"While Mr. Byrne stood at Coach Wright's front door, two unknown men who appeared to be accompanying Mr. Byrne stood outside on Coach Wright's driveway with their arms crossed, and were presumably brought along with the intent of intimidating Coach Wright and embarrassing him," according to the complaint.

Wright said because of the wrongful termination, he has suffered loss of pay and benefits, decreased earning capacity, damage to reputation, mental anguish and loss of enjoyment of life. He is suing for compensation and to be reinstated to his coaching position.

The University and the Athletic Department would not comment on the case nor allow athletes to comment.

Joe Crews, Wright's attorney, said only that Wright would not be "litigating this case publicly."

"My client has always been loyal to the University, and his remarkable record for Texas A&M stands on its own. This lawsuit was an absolute last resort," Crews said. "Coach Wright handled the matter internally for as long as he could, and he will now handle it within the legal system."

Alexandria Dover, a senior English major, said it was disappointing the athletic department would punish an employee because of principled conduct.

"At Texas A&M University, we live by the Aggie Code of Honor … and this code applies not only to students, but to faculty and staff as well," Dover said. "To be punished for upholding a statement that symbolizes the University for which he works and felt strongly enough to protect is wrong. Coach Wright was acting in accordance with the Aggie Honor Code, and should not have been penalized for his commitment to ethical conduct."