July 5, 2006

Davis, CA (CSTV U-WIRE) -- Former head University of California-Davis wrestling coach Michael Burch was fired in 2001 after alleging that the UC was discriminating against female wrestlers.

He has since filed a lawsuit claiming that the university's failure to renew his contract violated his rights of free speech and protection from retaliation over his statements.

In a 49-page order filed on June 5 by Sacramento-based U.S. District Judge William B. Shubb, Shubb said, "Particularly troubling is his evidence which suggests that his participation in public protests accusing UCD of Title IX discrimination might have been the event that actually secured his termination."

Title IX was passed into law in 1972, mandating that men and women share equal access to college athletics.

In 2001, women's wrestling was not a varsity sport at UC Davis, but women could practice with the team if they submitted the same paperwork as their male teammates. In 2001, the wrestling team was capped at 30 for financial purposes, making it even more difficult for women wrestlers to join the team for practice.

While the university claims Burch had the freedom to include women on the team's roster, Burch disputes that claim, saying he was instructed to keep female wrestlers off the roster.

Referencing a May 25, 2001 conversation between Burch and Robert Franks, assistant chancellor for Student Affairs, Shubb also said that "Mr. Franks told [Burch] that his public support for the women wrestlers 'was making it very difficult for us to love you.'"

Burch named UC Davis, Athletic Director Greg Warzecka, Associate Athletic Directors Pam Gill-Fisher and Lawrence Swanson, Chancellor Larry Vanderhoef and Franks in his suit.

Vanderhoef cannot be named a defendant in the case, however, because Shubb's order rules that there is no legal basis for including him in a trial.

The defendants claim the decision to fire Burch had been reached before they knew of his supporting role in a companion lawsuit filed by four female UC Davis wrestlers, who allege that they were victims of sex discrimination.

The defendants also claim Burch was fired because he was involved in conflicts with other staff members, disregarded university rules and policy, demanded unreasonable sums of money for the wrestling team and failed to cooperate in an investigation of possible NCAA violations.

Shubb has allowed for a trial because of inconsistencies in the defendants' stories of the Apr. 24, 2001 meeting in which Burch was terminated.

Burch was not informed that he would not be hired for the 2001-2002 season until May 29, 2001, well after the defendants claim they had decided to terminate him, Shubb said in his order.

The university will not appeal Shubb's ruling. The trial has been set for Oct. 11.

(C) 2006 The California Aggie via CSTV U-WIRE