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| Ex-LHU swim coach wins key decision in lawsuit |
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| Thursday, 14 January 2010 21:44 |
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POSTED: January 9, 2010 from www.lockhaven.com A civil action dating back to 2007 and alleging sex discrimination by Lock Haven University and its athletic director is slowly making its way through the local court. The action related to incidents that occurred in 2005 and names the university, Athletic Director Sharon Taylor and their approach to a former university swimming coach, George B. Garlick, of 37 Baird Road, Lock Haven. Clinton County Judge Craig Miller has ruled against a request by the defendants for summary judgment, an action that would have ended the case. Instead, Judge Miller ordered the plaintiff and defendants to have all their papers in order by Sept. 30 in preparation for a pre-trial hearing to be held Nov. 9. According to legal documents: Garlick began employment with LHU as head coach of the women's swimming team in February 2001 and continued in that capacity through June 30, 2005. Despite a list of achievements in the academic and athletic arenas, the suit alleges, Garlick was informed that his contract of employment as head coach would not be renewed. Among the accomplishments Garlick cites in his suit are that, on more than 40 separate occasions, new team records were set in all 19 swimming events; the team produced five all-league swimmers (something never done before); in 2003 and 2004, the team accomplished its highest finish ever in the league championships; the team produced five national qualifiers; swimmers were nominated for "Rookie of the Year" and "Athlete of the Year" league awards in 2005; in February 2001, prior to when Garlick arrived, the team finished last in the league; academically the team was ranked first out of all athletic programs at LHU; in 2004, the team ranked first in the nation academically out of all Division II women's swimming programs and fourth nationally in all divisions, both men's and women's. But, Garlick alleges, he was asked to resign and was informed by Taylor she wanted the program to go in a new direction and she preferred having the assistant student coach, a female, as head coach. Garlick refused to resign and was notified by an April 18, 2005, letter that his contract would not be extended beyond June 30, 2005. In early May 2005, he filed an internal grievance alleging, among other things, sex discrimination. As a result of that claim, the suit alleges, the university and Taylor reversed their decision and decided not to hire Garlick's replacement. Garlick contacted the Pennsylvania Human Relations Commission in late September 2005 and filed a complaint on Dec. 23, 2005. The PHRC then informed Garlick his complaint would not be accepted for filing because of "untimeliness." Garlick appealed, saying he had been advised that the required filing period of 180 days would not expire until about late December 2005. Judge Miller ruled that because Garlick was misinformed by the PHRC about the dates in question, a judgment against him for "untimeliness" could be denied and the suit can move forward. Garlick claims his contract was terminated because of his sex and that the defendants "created, facilitated and maintained an environment in the Department of Athletics where sexually discriminatory patterns of behavior toward men flourish." Garlick further alleges that Taylor took a direct hand in the situation by undermining his disciplining of team members, holding team meetings without his knowledge and consent, and "fueling discontent among team members." In addition, the suit alleges, Taylor repeatedly told colleagues and others she was of the opinion that women should coach women, and that she would never hire a male assistant coach for the swimming team. The lawsuit suggests that Taylor "engaged in a witch hunt" against Garlick in an attempt to obtain information against him and ensure non-renewal of his contract. The lawsuit asks for damages in excess of $25,000 plus interest, attorney fees, punitive damages. |
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