Former A&M diving coach sues school

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A former Texas A&M diving coach has sued the university under the Texas Whistleblower Act, claiming he was fired for reporting possible violations of federal law.

The lawsuit, filed at the Travis County Courthouse, claims that Kevin Wright — who had coached at A&M for 17 years — was fired last September for reporting his concerns over possible Title IX federal gender-equity violations in the A&M swimming program, as well as other possible violations.

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UhhhhOhhhhh.....This is about to get good!!

I wonder how long before anonymiss calls coach Wright to tell him that he doesn't know what's going on in the program, and that he's just some wannabe diving coach who doesn't know anything.

I guess we're now finding out why it was such odd timing on his dismissal. Don't have the inside dirt, but it sounds like he's going to be able to make a pretty good case. I'd guess they'll just settle so that Wright doesn't start unearthing the dirty little secrets that all athletic departments have (although, by all accounts, A&M's seems to be relatively clean. Relatively.)

We don't need a soap opera around the swimming and diving programs.

How do you violate Title IX if you allocate the correct number of scholarships and spend the right amount of budget? Hotel rooms?

[This message has been edited by SpicewoodAg (edited 1/15/2010 7:56p).]

Spicewood you are correct that the program does not need this.

I sincerely hope this goes to trial so that the truth will come out.

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How do you violate Title IX if you allocate the correct number of scholarships and spend the right amount of budget? Hotel rooms?

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Yeah, it's tough the way it's worded. The # of athletes to a room is something that frequently causes violations, and usually something coaches are very careful about.

Not a lawyer, so can't say for sure about what Title IX says, but I think it's more specific in it's regulations than just $$ vs. $$.

Jury's still out on this. If Wright was trying to do the right thing and report Title IX violations/sexual harassment and was let go for it, then shame on the athletics program. If he's making it up, then shame on him. Usually there's some middle ground that's the truth, but in this case, not sure how that can be true. Either Wright made it up, or the AD fired him for telling the truth.

Whoever's wrong should be prosecuted fully, and get their just desserts.

As was brought up when this originally went down, Wright and Bultman have had some tension for a while. Guess we know now why.

Also, would it surprise anyone from his reputation that BB would bring along thugs when he makes his firings? The way he does these things (at their front door in the evening when people are around, as the team is getting off the bus, etc.) probably warrants him getting socked at least once.

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Not a lawyer, so can't say for sure about what Title IX says, but I think it's more specific in it's regulations than just $$ vs. $$.

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There isn't much too Title IX. It's not very long and 90% of it is defining to whom it applies and to whom it does not apply.

It basically boils down to these few lines:

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(a) Prohibition against discrimination; exceptions. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance

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Nothing contained in subsection (a) of this section shall be interpreted to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in or receiving the benefits of any federally supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, State, section, or other area: Provided, that this subsection shall not be construed to prevent the consideration in any hearing or proceeding under this chapter of statistical evidence tending to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any such program or activity by the members of one sex.

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It eventually simply boils down to the last part that imbalance of benefits is fair game in "court" and Jimmy Carter's policy of "participation" that is proportionate to the makeup of the entire student body.

[This message has been edited by TXAggie2011 (edited 1/15/2010 10:56p).]

People I know that are close to or have access to the program have nothing but great things to say about the swimming program and the coach. Coupled with the fact that the team is performing at such a high level and swimmers having a history of being coached up under Bultman I think may show that many of the accusations may not have a lot of merit.

Usually when there is turmoil and tension surrounding a program, it gets reflected in the competition. But everything I've read and heard about the team is that it has a family atmosphere and the girls have a blast!

Perhaps the description of thugs is exagerrated. It is common to have "help" when you fire someone. If Wright is a hothead maybe you need more help.

If in fact the girls were given less money to spend on hotels - why isn't Bultman the one who would complain? He has 80% of the roster. If this was last season Holmes had a relatively small roster compared to Bultman. Maybe he could afford 2 to a room.

If this all happened because of hotel rooms the whole thing is pathetic.

I've terminated employees before, although never at their home. It is always important to have someone there as a witness to what transpires as a protection against false accusations.

there is a thread on this over on the AO board.
without posting what was said there, I will say that the title IX thing might be a factor, but a rumor of sexual misconduct/harassment seems more likely.

I think it would be a mistake to make any assumptions or judgments on either side of this equation until all the facts are known.

Excellent points have been made about Byrne's 'thugs'. I know several people that have had to fire folks at A&M over the years and they mentioned they sometimes needed people present not just from a witness standpoint but from a protection standpoint. To guess whether these folks were there for either reason or both is simply conjecture.

All I'm saying about his thugs is that he seems to make poor decisions about when to fire people, in my opinion. You wouldn't meet an employee at the airport when he comes back from a business trip to fire him because he didn't close a deal, would you?

Anyways, if Wright feels he was wronged, he's right to come forward. It would've been awesome to wait until after NCAA's to come out, but from what he feels happened, he's doing what he needs to do. Time will tell.

The good news is that, as was mentioned on the Jaele thread, the women's swim team has pretty strong leadership, specifically in the form of Kristen Heiss, a 5th year senior. I think that they'll be able to fight through this just fine, because they're probably all united behind Bultman (regardless of who's right). Could even make the bond stronger.

I'd be more concerned about the divers who might've been Wright fans and how this could hurt them, but from all reports of the new coach, he's pretty great and will win them over soon enough.

Wish I had stars, because there are few threads on the other sports board that are more worthy of the popcorn box than this one!

Byrne has always gotten rid of coaches either immediately at the end of their season (Fran, Watkins, Gillom, Johnson) or in June (Nelson, Nash). Wright's firing is the single exception during Byrne's tenure here.

According to the article posted by the OP, Wright raised issues in December of 2008 and March of 2009. If these Title IX issues are the reason Wright was canned, why would Byrne wait until two weeks before the season to do it when all other instances he does it at season's end or during the summer (especially when he was already looking to cut costs -- he could have canned Wright in March/April and saved a load of money while taking time to find his replacement)?

Based on these things, it would leave you to believe there was a reason to do it when he did it that we don't know about. But again, almost no one knows all the facts so that is simply conjecture. Hopefully we will know all the facts soon.

[This message has been edited by Look Out Below (edited 1/16/2010 3:47p).]

I can't help but think the only thing that might come out of this is the men will have to start going 4 to a room.

People on the inside know why he was fired. I'm certain it was not due to title IX violation reporting.
But, if you just got fired from your 17 year job and no one else will hire you despite a great performance record, what else are you going to do?
How about this...SUE! and make it for something that is going to cause the University huge headaches, even though they are most likely 100% compliant and have been for years.
I knew this wasn't going to end well. I hope the Athl. Dept. kept good records of things.

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I knew this wasn't going to end well. I hope the Athl. Dept. kept good records of things.

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Very good point. Byrne has already been found to NOT do a good job of this in regards to financial issues.

The people who work in the finance office are not the same ones that would be taking care of travel and what not.

Maybe so. But if Byrne has been sloppy in general with record keeping - it might be an organization-wide problem. The recent audit criticized the athletic department for poor management of money (among other things).

If sprintermike is correct, the potential is there that record keeping might be a moot point...it all depends on the true reason why Wright got canned...a reason none of us know.

Personally, I find it extremely hard to believe that a coach as successful as Wright got fired for gnarking on the swim coach over how many people are staying in a room...In this day and age when coaches strike their players and other coaches (KSU men's basketball coach, Raiders head coach, etc.) and keep their jobs I find it beyond absurd that Wright would be fired over something that ridiculous.

Yeah, my feeling is that it's been a buildup of tension between Bultman and Wright, between the Title IX reporting, sexual harassment, and some other issues they've had, and Bultman finally just got sick of it and had him let go.

Not sure what kind of a case Wright has if he was basically fired for annoying the coaching staff/AD (which is as good of a reason as any to can someone, the job's already stressful enough), when part of what he was annoying them with was Title IX and sexual harassment charges. I think A&M is going to have a hard time making their case, and still think they'll settle.

Hope it goes to trial, just so everyone has to bare their dirty laundry.

From what I've understood all along, one side of this might have a little more dirty laundary to air.

goblu -- What makes you say this?: I think A&M is going to have a hard time making their case, and still think they'll settle.

2011 -- Which sides' laundry hasn't been aired?

Sounds like you both know more about this than the rest of us. Feel free to fill us all in. Many of us are dying to know.

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Personally, I find it extremely hard to believe that a coach as successful as Wright got fired for gnarking on the swim coach over how many people are staying in a room...In this day and age when coaches strike their players and other coaches (KSU men's basketball coach, Raiders head coach, etc.) and keep their jobs I find it beyond absurd that Wright would be fired over something that ridiculous.

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I agree. This charge by Wright seems like a trumped up defense that his lawyers created. If for some reason the AD said "shut up, leave it alone" with no intention of addressing something is just a few thousand dollars - then the AD is really dumb. It would have been pathetically easy to correct. It is also weird as I said earlier that if this was a big deal - why wouldn't Bultman lead the charge?

There is something else at the root of this.

Bingo.

To correct a statement made earlier...
It would not be Bultman's decision to fire Wright. That came either from and AD or Bill.

I used to run with his daughter on the track team.

Wonder what this means for her, hope they do not treat her unfairly or it could get messy. Would not come from the track management but the athletic department, well who knows what would happen there

>>There isn't much too Title IX.<<

There isn't too much to the statute itself. Unfortunately, courts over the years have adopted Carter-era regulations as binding legal precedent on cases that have come through the courts since then. At some point, these cases are going to be overturned. Then, Congress may or may not rewrite the law.

Yeah, I was just responding to a comment about what Title IX actually spells out. As I said further in that post, the results of Carter's policy is what it boils down too.

I don't think all of it is unfortunate, but yes, some things probably need to get thrown away. But let's not get into that debate.

[This message has been edited by TXAggie2011 (edited 1/22/2010 11:54p).]

The title ix audits are generally from within, to ensure compliance. That is what seems fishy here. If the swim team is putting four to a room, it is to save money in other areas and totally the coach's choice. The school doesn't encourage that type of travel arrangement.

Coach Wright has never been one to sit back and keep his mouth shut about inequities, but he is a good coach. He is like all successful coaches, self centered and focused on his athletes, but a good guy. This whole deal stinks of something bigger. I guess it will come out in court.

How many coaches has Bill fired? I think this makes 10 head coaches in six years. If he were a head coach, his retention rates would be seriously questioned.

Petetheag - I can't name all the coaches that have changed since Byrne arrived - but a few come to mind:

1. Mark Johnson - baseball - fired because the program was going in the wrong direction. The program is far better now.

2. Track coach (name?) - long time coach, as with #1 above, but we know how good the program is now with Henry.

3. Franchione - no comment needed

4. Tennis coach? - I don't remember

5. Wright - we all agree this is weird. He wasn't fired because he was a bad coach.

Who else did he fire? Gillispie left.

I think retention doesn't mean a thing unless good coaches are leaving on their own.

Replacing mediocre or bad coaches and replacing them with better ones is exactly what a good athletic director is supposed to do.

All things considered Byrne has hired outstanding coaches:

Blair - most impressive turnaround (ever?)
Henry - double NC already
Childress - righted the program
Higgins - NC last year
Turgeon - consistent NCAA tournament appearances following Gillispie

Sherman is promising (my opinion) but he gets an incomplete score.

Spicewood -- Byrne did not hire Higgins, Groff did.

Also, the Gillispie turnaround was just as impressive as the Blair one IMO. Both programs were DOA under Watkins and Gillom.

Coaching Changeovers under Byrne:

Football: Fran hired almost literally the same time as Byrne to replace Slocum (fired); Sherman replaces Fran (fired)

Men's Basketball: Gillispie replaces Watkins (fired); Turgeon replaces Gillispie (left for KY)

Women's Basketball: Blair replaces Gillom (fired)

Baseball: Childress replaces Johnson (fired)

Women's Golf: McCombs replaces Sutherland (not sure why this happened; have always wondered about this one)

Men's Swimming & Diving: Holmes replaces Nash (fired); Lerew replaces Wright (fired)

Men's Tennis: Denton replaces Cass (Cass left to be Assoc. AD at UNM)

Track: Henry replaces Nelson (fired)

Disclaimer -- Keep in mind when I say fired, it may be semantically incorrect but it does mean those folks left when they wanted to stay.

[This message has been edited by Look Out Below (edited 1/24/2010 12:36p).]

Thanks (about Higgins)....

I agree Gillispie's turnaround was meteoric. Blair gets a few extra kudos because he is just a tireless great guy. Not a d*ck like Gillispie.

How could I forget Nash was fired?

I think it was the right thing to do - though Byrne really screwed Holmes his first year with a one year contract.

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How many coaches has Bill fired? I think this makes 10 head coaches in six years. If he were a head coach, his retention rates would be seriously questioned.

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It is called big time college athletics. You win or you pack your bags.

I think Byrne gives his coaches a fair shake (I'd say in football and volleyball, atleast, many think he's given coaches too much time), but he expects you to win and he'll do what he sees neccasary. And atleast up to this point, I think it's hard to question he knows how to win.