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Appeals Court Lets Ex‑Cal Swimmers' Abuse Suit Proceed

The decision applies the discovery rule, clearing the way for discovery into what UC Berkeley officials knew about coach Teri McKeever's conduct.

Overview

  • A three‑judge panel of the First Appellate District ruled Tuesday that 18 former UC Berkeley swimmers can revive their 2024 lawsuit against the University of California Board of Regents.
  • The court applied the discovery rule and found a 2022 Orange County Register investigation was the catalyst that led many plaintiffs to realize they had been abused.
  • Cal fired Teri McKeever on January 31, 2023 after an outside law firm substantiated dozens of complaints, and McKeever later admitted to emotional and physical abuse in a SafeSport agreement that included suspension and probation.
  • The ruling sends the case into discovery, where plaintiffs will seek internal emails, reports and communications that could show whether university officials ignored or enabled the coach's conduct.
  • Former swimmers have described severe mental‑health harms, including panic attacks and suicidal thoughts, and the discovery process could determine liability and change how universities handle long‑running abuse claims.