A group of former UC Berkeley swimmers who accused the school of ignoring years of abuse allegations against its once-celebrated women’s swimming coach have won a major legal reversal.
A California appeals court ruled Tuesday that 18 former Cal Golden Bears swimmers can move forward with their lawsuit against the University of California Board of Regents, according to New York Post.
Why was the case dismissed before?
The swimmers filed a lawsuit in 2024, alleging that university officials ignored years of abuse claims against longtime women’s swimming coach Teri McKeever. McKeever was fired in January 2023 after an outside law firm confirmed allegations made by dozens of athletes.
According to reports, the lawsuit was dismissed in June 2024 because a judge ruled that the two-year time limit for filing such claims had passed, as some allegations dated back to 2000.
However, a three-judge panel from the First Appellate District of California, in a decision written by Judge Monique Langhorne Wilson, ruled the lawsuit can proceed under the “discovery rule.”This rule allows the time limit for filing a lawsuit to be paused until people reasonably realize they may have been harmed by alleged wrongdoing. The court found that a 2022 Orange County Register investigation helped many former swimmers to realize McKeever’s alleged conduct was not simply hard coaching but alleged abuse.
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“Plaintiffs acknowledge that while they were on the team, they knew they were suffering due to McKeever’s coaching,” the decision reads. “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.”
According to SFGATE, the panel said the swimmers had no reason to believe McKeever was creating an unsafe environment. The court pointed to the power imbalance between coaches and athletes, saying it “makes it difficult for athletes to realize they are victims of abuse.”
The allegations that ended Teri McKeever’s career
McKeever had been one of the most powerful figures in women’s swimming, leading Cal to four NCAA team titles and coaching the 2012 US Olympic women’s team. She was the first woman to serve as head coach of a US Olympic swimming team, according to the New York Post.
But a 2022 Southern California News Group investigation exposed a different picture of the program, with 19 current and former swimmers, six parents and a former member of the men’s team describing McKeever as a bully who allegedly verbally and emotionally abused athletes for years.
Danielle Carter, one of the swimmers who later sued, said McKeever accused her of lying about having epilepsy and screamed at her at practices, calling her “lazy,” “worthless,” “a waste of time” and “a piece of s**t.” Carter described her experience as feeling like she was “no longer a human being,” according to SFGATE.
Cal fired McKeever on January 31, 2023, after the outside investigation substantiated claims from dozens of swimmers. Later that year, McKeever admitted to emotionally and physically abusing Cal swimmers for more than 20 years as part of a US Center for SafeSport agreement.
She agreed to a three-month suspension from US Olympic and Paralympic events and was placed on 12 months of probation.
