Bryan Sailer’s discrimination lawsuit against Emporia State University has been dismissed.
Sailer, a longtime women’s soccer head coach, was terminated in December 2023 after more than 10 years of leading Emporia State’s soccer program. Sailer’s lawsuit, filed this past December, had 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 former athletics director David Spafford. The lawsuit focused on 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.
Last week, a stipulation of dismissal was filed in federal court, meaning a voluntary agreement on both sides to end the case. The stipulation was filed with prejudice, meaning it cannot be refiled. Both sides will pay their own court costs. Further details on terms, if there are any beyond the stipulation, have not been divulged.
Last week’s action followed a decision by US District Court Judge John Lungstrum in June to partially dismiss both Sailer’s Title IX and First Amendment complaints. On the Title IX complaint, Lungstrum said some of Sailer’s concerns “do not constitute protected activity,” so there could be no federal violations. For the First Amendment complaint, Lungstrum noted Sailer’s failure “to state a claim to relief” by not plausibly alleging he was speaking as a private citizen instead of as a university employee when he supported the team’s Title IX complaint.
