Cal swimmers win second chance at holding UC Regents accountable for coach's abuse

SAN FRANCISCO (CN) — A group of former University of California, Berkeley swimmers won their appeal Tuesday, giving new life to their lawsuit against the UC Board of Regents over the prolonged employment of a coaching legend who was ultimately fired for creative an abusive environment.

The swimmers filed their 2023 lawsuit in Alameda County Superior Court, but a judge tossed the complaint due to the statute of limitations.

The 18 former women’s swim and dive team members appealed the decision, arguing their claims were not barred by the two-year statute of limitations due to the discovery rule, which starts the clock when an injured party discovers the supposed harm. A California appeals court in the First Appellate District agreed with the swimmers on discovery rule grounds and reversed the lower court’s decision.

The swimmers, who competed for Cal between 2000 and 2020, contend that university officials failed to protect them from head coach Teri McKeever’s verbal and psychological abuse.

In the three-judge panel’s opinion, it was noted that coaches at elite institutions hold a lot of power over athletes, including the ability to dispense or take away scholarships. McKeever enjoyed a particularly elevated status in the swimming world as the first and only woman to serve as head coach of a U.S. Olympic swim team. However, her behavior in Berkeley included “coercion, unquestioning loyalty, public shaming, intimidation, isolation, exclusion, fear and unsafe training conditions,” according to swimmers.

“Plaintiffs suffered from depression and anxiety, panic attacks, self-doubt, and post-traumatic stress. They had body insecurity and disordered eating due to McKeever’s comments about their weight,” said Justice Monique Langhorne Wilson. “Many plaintiffs had suicidal ideations.”

Cal knew about McKeever’s behavior since 1994, said Langhorne Wilson, and several team captains met with the athletic director to discuss her conduct over the years, along with receiving direct complaints from swimmers.

In 2018, a group of Cal swimmers sent a letter to the NCAA outlining the abusive environment created by McKeever. The NCAA passed the letter on to university officials, but they neither investigated McKeever’s actions nor initiated any plan for performance improvement.

The swimmers claim the UC Board of Regents, which is charged with governance over the university, is liable for negligence, negligent supervision or retention, negligent failure to warn, train, or educate, and negligent infliction of emotional distress.

“UCB ignored and concealed any complaints about McKeever,” said Langhorne Wilson. “It continued to employ her, representing that she was a safe and trustworthy coach.”

McKeever was fired in early 2023, after a 2022 Orange County Register investigation publicized her supposed conduct, and an internal inquiry found she created a hostile environment that violated Cal policies. The plaintiffs claim the May 2022 news article as the time of discovery.

“Plaintiffs acknowledge that while they were on the team, they knew they were suffering due to McKeever’s coaching,” said Langhorne Wilson. “But plaintiffs argue they did not know McKeever’s conduct was anything other than legitimate, challenging coaching. That is, they did not know McKeever had committed any wrongdoing.”

Attorneys representing the plaintiffs and the UC Board of Regents did not immediately respond to requests for comment.

Associate Justice Kathleen Banke and Justice Charles Smiley rounded out the three-judge panel.