NEW YORK – A college soccer player who lost her scholarship after playfully flipping off a TV camera will be allowed to take her case to trial, a federal appeals court said.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York City ruled on Nov. 30 that Noriana Radwan presented sufficient evidence to go to trial on her claim that she was subjected to harsher punishment than male athletes who violated conduct rules.
It upheld a lower court’s dismissal of Radwan’s two other claims, alleging violations of her First Amendment and due process rights.
In November 2014, Radwan — an 18-year-old freshman from Wappingers Falls, N.Y. — was celebrating on the field with her University of Connecticut teammates after they won the conference championship. Laughing, she raised her middle finger to an ESPNU camera for a moment before changing the gesture to a peace sign.
She was suspended from the team for the NCAA tournament and then stripped of her full scholarship midway through the school year because of the gesture, which Coach Len Tsantiris deemed “serious misconduct.”
Her lawyer, Greg Tarone, argued although Radwan’s offense was regrettable, it was protected speech that did not rise to the level of “serious misconduct.” He also argued that the punishment was much harsher than what male athletes at the school had received for more serious offenses.
Cited in the claim of Title IX violation were a UConn football player who kicked a dead ball into the stands during a game, as well as other male athletes who were caught stealing and breaking curfew. None of them lost a scholarship.
UConn spokesperson Stephanie Reitz said school officials were disappointed withlast week’s decision but confident they will prevail in court.
“To be clear, the appeals court did not find that the plaintiff was treated more harshly than her male peers,” Reitz said in a statement. “The court simply found that she presented sufficient evidence to withstand summary judgment.”
After losing her scholarship, Radwan transferred to Hofstra University, where she received a partial scholarship and was on the soccer team. She went on to get a masters degree in industrial engineering from Penn State.
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