UW-Madison received a civil complaint Tuesday issued by Peter Tegen, the UW women's track and cross country coach, accusing the university of discrimination on the basis of age and gender.
Tegen's attorney, Victor Arellano, said there is clear evidence of discrimination.
\He is a highly qualified coach, perhaps with the best record of any coach that ever worked for the University of Wisconsin,"" Arellano said. ""He is 64 and he is not being renewed in light of that outstanding contract.""
In refusing to renew his contract, Tegen claims the university discriminated against him for being a man coaching women's sports and for speaking out against such athletic policies as the previous Reebok agreement.
Arellano said he thinks the university has plans to replace Tegen with a younger, less experienced coach, but has been waiting to see if he would file a claim. He added that he plans to investigate any recruitment actions taken on behalf of the athletic department and collect testimony from members of the department.
John Dowling, senior university legal council from UW-Madison Legal Services, said it is hard to tell how the case will develop, but says the university will deny all allegations.
Although Tegen has led the track and cross country teams to numerous championships, trends show the teams' performances have been declining in recent years. Also, his coaching capabilities were questioned after a negative personnel evaluation following the 2001-'02 season.
Arellano said the lawsuit has started at the administrative level but that it will soon be filed in the federal court system before the equal rights division. Tegen is seeking a contract renewal, compensation for wage or benefit damages and anything additional a jury finds appropriate.
Cain Clauss, a UW-Madison law professor, said discrimination cases are difficult because they leave a lot to prove.
""It is different if you are dealing with a consistent notorious discriminator, but we don't have a record of lots of problems with the department of education,"" Clauss said. But, she added, ""that doesn't mean you don't have a particular person making a decision that's tainted by age and sex and that's what you have to show.\
