Attorney Claims Cal Coach Teri McKeever a Victim of Gender Bias

Teri McKeever’s attorney spoke out for the first time publicly to the OC Register in defense of the longtime Cal coach accused of bullying by dozens of swimmers. 

The myriad of allegations detailing verbal, emotional, and physical abuse by McKeever have been skewed by gender bias in the standards female coaches are held to, according to her attorney, Thomas Newkirk.

Newkirk is the same attorney who represented swim coaches Janelle Atkinson (Stony Brook) and Petra Martin (Rutgers) in gender discrimination lawsuits. Atkinson received a $385,000 settlement, while Martin received a $725,000 settlement.

“Teri McKeever might have said something one day. She might have had a rough day like any female or male coach. She might have said something out of school. Maybe she did. But the point is we pick up on any mistake of the female,” Newkirk said. “That she said something a little rough. She said something out of school or she had a rough day. Or she was just tired herself. And we then assume that moment of bad behavior or poor behavior in a day was the entire cause of all the athlete’s problems that they allege. That’s how gender affects the process on both ends.

“It happens all the time where the female coach is described as saying something negative but she never said the words,” Newkirk added about the double standard. “But because she’s a female she’s supposed to respond in a nurturing way. She’s supposed to be more attentive to the athletes, more caring of the feelings of the athletes. And when Teri McKeever and other females do not respond in that expected way the athletes assume that she’s being critical of them in a very specific way. ‘She called me stupid.’ ‘She said I was dumb’. ‘She told me I was an idiot.’ The coach never actually says that stuff. The athlete is superimposing their feelings from what the coach actually said.”

The investigation into the claims against McKeever could take up to six months after she was placed on administrative leave on May 25. 

Newkirk said Cal’s administration has known about McKeever’s coaching style and shown approval by extending her contract, most recently in January of 2020. He also questioned the specificity of allegations made against the 29-year head coach. 

“My shortcut to everyone, to you, the readers, to the athletes who have complained themselves, and to their parents, the people really believe that Teri is abusive is that they do believe it,” Newkirk said. “I’m not accusing anyone of lying. I mean I’m sure that there are people who lie and exaggerate but what happens because no one is actually challenging these athletes to actually talk about the actions of Teri McKeever in a very specific fact driven way. What did she say exactly? What did she do exactly? What was the context of what she said or did exactly? Did you hear that or did you just report what other people told you. No one’s doing that. You’re not doing that. The university is not doing that, normally.”

Former Cal swimmers had detailed several specific incidents of bullying ranging from deeply personal insults to McKeever accusing them of lying about medical conditions to even mocking a suicide attempt. 

“This has nothing to do with gender bias,” said Danielle Carter, a former Golden Bears swimmer, who nearly committed suicide because of what she described as months of bullying by McKeever. “She uses and weaponizes what she knows about you and your illnesses against you.”

“I just feel like I’m being victimized all over again for speaking out,” said Chloe Clark, a former Cal swimmer who transferred because of McKeever’s alleged bullying, which included accusing her of lying about having Crohn’s Disease. “He’s calling us out for ‘not being able to handle it.’

“I’m appalled by his statements. There are a lot of people with a lot of examples (of bullying) and (McKeever) hasn’t been held accountable for a long time.”

In response to the charges of McKeever calling Carter’s suicide attempt “pathetic,” “stupid,” and “selfish” while laughing in her face, Newkirk said he didn’t know whether that reaction was inappropriate or not. 

“Let’s say that’s true because I don’t know,” Newkirk said. “Let’s say that’s true. Let’s say that Teri McKeever on this one day said it’s stupid and selfish. Why are we assuming that was an inappropriate thing to say. Are we psychologists? Do we understand how we’re supposed to respond to people who may think about or may consider committing suicide. How are we responding to this thing? And let’s say she did say it. Let’s say it’s the one day that she was just having a bad damn day and she said this is selfish, it is selfish and it’s stupid for you to do that. And she was engaging in pop psychology we shouldn’t have done. Is that comment justified for labeling this Hall of Fame coach as an abuser and a bully?”

In regards to the allegations that McKeever targeted two African American swimmers last season and recently used a racial epithet and profanities while disparaging rap music, Newkirk said it was a matter of political correctness. 

“If she said the word in that context she’s not directing at African Americans,” Newkirk said. “How in the world is that inappropriate? Is it just inappropriate because it’s politically incorrect? Because you’re not ever supposed to ever say the word even if it’s being used in a different context? Professors can’t say the word? Lawyers can’t say the word even though I’m defending a client who is African American?

“What you have here is the politically correct claim that you’re not supposed to use that word in any context with the labeling of mocking when that’s not what she’s doing. So in other words we’re assuming she’s mocking. We’re defining her, labeling her as mocking and then we’re also ignoring the fact that she’s been there for 30 years. Is there some pattern, does she have some pattern that rap music will never be played or listened to? No. … Does she have any behavior that suggests Black athletes or engages in behavior against African Americans that is significantly different than white Americans? No.”