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Federal court allows student-athlete鈥檚 free speech claim against the University of Cincinnati to proceed

Yesterday, a federal district court a student-athlete鈥檚 First Amendment retaliation claim against the University of Cincinnati. The court ruled that former UC volleyballer Shalom Ifeanyi will be allowed to supplement her allegation that she was dismissed from the team in 2017 for criticizing her coach鈥檚 attempt to control her social media posts.

According to , UC Women鈥檚 Volleyball head coach Molly Alvey 鈥渂egan harassing and shaming Plaintiff about pictures she was posting on her personal social media accounts.鈥 Ifeanyi claims Alvey said her online pictures were 鈥渢oo sexy鈥 and 鈥渟eductive,鈥 demanding she take them down from Instagram. Ifeanyi initially complied with the request, but when her coach continued sending her text messages telling her to remove more photos, to 鈥渂eing sexualized鈥 and her coach鈥檚 鈥渃onstant body shaming,鈥 especially since her teammates posted much more revealing pictures that Alvey took no issue with.

Eight days after Ifeanyi sent a text message to her coach asking why she was being singled out, Alvey called Ifeanyi into her office and dismissed her from the team. This is despite Ifeanyi never missing a practice, putting in extra work with the coaches on off days, and being 鈥渁warded top performer of the week by the strength training coach鈥 five days prior to getting kicked off the team, according to her . Ifeanyi then sued UC for unlawfully retaliating against her for criticizing Alvey, among other claims.

In its , the United States District for the Southern District of Ohio found that Ifeanyi put forth sufficient evidence to establish a plausible First Amendment retaliation claim. The court held that Ifeanyi engaged in constitutionally protected speech, and that removal from the team and loss of her athletic scholarship 鈥渨ould tend to deter a person of ordinary firmness from engaging鈥 in such expression. Since Alvey admitted that she received Ifeanyi鈥檚 text message and read it prior to their final meeting, the court held there was 鈥渁t least an inference of causation鈥 between her criticism and her dismissal.

Ifeanyi鈥檚 allegations, if true, evince a troubling disdain for student-athlete rights at UC. Universities should honor the expressive freedoms of student-athletes to the fullest extent possible, so long as the proper functioning of athletic programs is not impaired. Their voice lends a unique perspective on how these programs are run, especially when exposing improprieties and abuse. A student-athlete questioning her coach for 鈥渂ody shaming鈥 student-athletes regarding photos posted on their personal social media accounts is exactly the kind of whistleblower expression colleges should foster and protect.

We鈥檙e glad to see the court give Ifeanyi a chance to develop her claims. Her early litigation success should encourage schools to protect the right of their student-athletes, which they can do by adhering to 果冻传媒app官方鈥檚 Statement on College Student-Athletes鈥 Free Speech Rights. We鈥檒l be sure to keep our readers apprised of any updates.

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