California Appeals Court Revives Swimmers’ Lawsuit Against UC Regents, Overturns Dismissal

A California appeals court ruled Tuesday that 18 former UC Berkeley swimmers can proceed with their lawsuit against the University of California Board of Regents. The three-judge panel from the First Appellate District reversed a June 2024 dismissal that had found the statute of limitations expired.

The swimmers filed the suit in 2024, alleging university officials ignored years of abuse claims against former women’s swimming coach Teri McKeever.

McKeever was fired on January 31, 2023, after an outside law firm substantiated claims from dozens of athletes. The appellate panel held that the discovery rule applies because many swimmers did not recognize McKeever’s conduct as alleged abuse until a 2022 Orange County Register investigation.

The decision states that plaintiffs “acknowledge that while they were on the team, they knew they were suffering due to McKeever’s coaching,” but argues they viewed it as legitimate training at the time.

U.S. Olympic swimming team. A 2022 Southern California News Group investigation reported that 19 current and former swimmers, six parents, and one former men’s team member described McKeever as engaging in alleged verbal and emotional abuse.

Former swimmer Danielle Carter, now 25, stated that the alleged treatment caused her inability to eat, sleep, or focus in class, near-daily panic attacks, and increased seizures. Carter stated she became suicidal during her freshman year and that McKeever laughed upon learning of her suicidal thoughts. Carter recalled McKeever saying: “Do you know how pathetic that is?

Former swimmer Chenoa Devine stated: “I didn’t want to exist in a world where I had to see Teri every day. ” Swimmers alleged McKeever pressured athletes to train or compete while injured or ill, including cases of epilepsy, Crohn’s disease, concussions, broken bones, and eating disorders.