Part of Bryan Sailer’s federal lawsuit against Emporia State University and outgoing athletics director David Spafford has been dismissed.
Sailer was terminated in December 2023 after more than 10 years of leading Emporia State’s soccer program. Sailer’s lawsuit, filed this past December, has alleged retaliation for his complaints about sexual discrimination against the women’s soccer team in violation of federal Title IX. He has also filed a First Amendment claim specifically against Spafford.
From the university’s standpoint, ESU moved to dismiss both claims and Spafford used a defense of qualified immunity.
Sailer’s lawsuit addresses concerns about gender equity when it comes to the team’s playing conditions. which he said had been neglected for over a year, as well as strength and conditioning matters — adding he had mentioned his concerns on several occasions to Spafford, Senior Associate Athletic Director of Internal Relations and Senior Women’s Administrator Colleen Mischke and President Ken Hush.
Earlier this month, Judge John Lungstrum partially dismissed the Title IX complaint, saying some of Sailer’s concerns “do not constitute protected activity” and, thus, no federal violations. Lungstrum left another part of the Title IX complaint intact, saying ESU had ignored the soccer team’s letter and had not analyzed it for significance when related to Sailer’s support of the team in conversations with Spafford and Hush.
Lungstrum also partially dismissed Sailer’s First Amendment complaint, mentioning failure “to state a claim to relief” by not plausibly alleging he was speaking as a private citizen and not a university employee when he supported the team’s Title IX complaint. With that foundation, Lungstrum then dismissed Spafford outright from the case as it moves forward.
No additional court dates have been posted to the federal Public Access to Court Electronic Records website.
