Tennis Players Volley in Court After Shuttering of Albany Team

“This secret decision also denied Plaintiffs any opportunity to plan for, protect themselves against, or mitigate the sudden and devastating impacts on their personal and academic lives and sports careers,” the complaint continues.

Casting himself as a whistleblower, 65-year-old Graham says he faced pressure to retire.

“Having failed to persuade him to retire with demotions and humiliation, in July 2016 defendant SUNY Albany notified plaintiff Graham that despite five years of excellent annual reviews and championship results, his contract would not be renewed after it expired on August 14, 2017,” the complaint states.

While the coach seeks damages for age discrimination, the athletes want an injunction against violations of Title IX, the federal law banning sex discrimination in education.

They note that their team hardly makes a dent in SUNY Albany’s more-than $540,000,000 budget.

“Merely rounding the roster caps for a few of its seven men’s teams” would make up the difference, according to the complaint.

“This would be an even lighter burden for the next year, as there are only two of the women’s tennis team’s players who remain enrolled at the university,” the complaint states. “Upon information and belief, defendant would gain public relations and enrollment advantages from doing so, which could be economically advantageous in attracting more students by demonstrating to student-athletes prompt action and commitment to comply with Title IX by offering more opportunities for its female students. The first two championship-level tennis players are currently on campus, the former head coach of women’s tennis is still present in the community, the coach handles all the organizational, scheduling, logistical, and training for the program, his contract is still warm, and the program’s cost is insignificant. If defendants were not merely retaliating against the plaintiffs, reinstating women’s tennis would be the easiest of baby steps toward both Title IX compliance and mitigation of ongoing harm.”

Lead plaintiff Isidora Pejovic noted that she attended Albany on a student visa from Serbia.

Though she was recruited by other schools when the tennis program at SUNY Albany disbanded, the rising junior says “but did not have the resources or ability to transfer.”

To transfer Pejovic would have had to apply for and obtain admission to another institution with room and a scholarship for her on the women’s tennis program, then withdraw from SUNY Albany, return to Serbia, forfeit her student visa, and reapply for a new visa specific to a new school.

NCAA rules allow student-athletes in Division I program “only … a single transfer to a  Division I school,” according to the complaint.

South Korea-born Chae Bean King and Alba Sala Huerta of Spain have similar stories. Chassidy King, the fourth plaintiff, was the only U.S. citizen on the team.

The complaint notes that federal education officials investigated the civil rights issues alleged here, but that the “toothless” resolution reached with the university requires it only to stop violating Title IX not later than the 2020-21 academic year.

SUNY Albany faces no sanctions for its present misconduct, however, and no threat of sanctions if it fails to comply by the 2020-21 deadline.

The plaintiffs are represented by Bernays Barclay of Rimon PC.

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