Former college coach files $10 million lawsuit for age, race discrimination
Craig Kuligowski, a University of Toledo alumnus who played for the Rockets and started a coaching career of more than three decades at his alma mater, has filed an $10 million discrimination lawsuit against the University of Toledo.
In a court filing obtained by FootballScoop, Kuligowski – via his representation, Alexandria, Virginia-based attorney Benjamin North of Binnall Law Group, PLLC – filed suit April 4, 2024, in the United States District Court’s Northern District of Ohio.
In addition to punitive damages, Kuligowski’s suit also was filed to note he “demands a trial by jury on all issues triable by jury.”
Directly, Kuligowski’s suit has been filed against the University of Toledo institution as well as individually against Bethany Zivisky, who is listed in the suit as “Chief Human Resources official at the University” and whose formal title, according to the University of Toledo’s online directory, is Executive Director of Employment/Labor Relations and HR Compliance.
Kuligowski’s suit alleged that “The University of Toledo’s Athletic Department fired Craig Kuligowski because he was the wrong age and the wrong race.”
FootballScoop has requested comment from Toledo school officials.
Per the document reviewed by FootballScoop, Kuligowski said Toledo Athletics Director Bryan Blair stated in a an athletics department-wide meeting that Blair wanted Toledo to hire “more coaches who were representative of current student-athletes.”
“It was clear that by “representative,” Kuligowski’s suit alleged, “Blair, as an agent of the University, meant younger and black or African American.”
Kuligowski contended that as a former Toledo student-athlete he was particularly representative of the Toledo student body.
In the 22-page suit, Kuligowski – who said he was fired without due process – filed a formal Equal Employment Opportunity Commission (EEOC) complaint June 21, 2023.
On January 16, 2024, after the EEOC had transferred Kuligowski’s complaint to the United States Department of Justice, Kuligowski received notice from the DOJ that he was being issued an “Notice of Rights to Sue” letter.
Kuligowski, whose employment contract with Toledo was included in the lawsuit as Exhibit A, said in the filing that he was to “waive any civil rights or discrimination claims against the University,” per section 5.3 of the employment agreement.
Per the suit, Kuligowski initially received an sexual harassment complaint by a female Toledo athletics employee when he told that employee she had on her “fancy pants.”
Per line 34 of the suit, “The University seized on an opportunity when a false and frivolous report of sexual harassment was filed against Mr. Kuligowski – the complaining employee reported that she was offended by Mr. Kuligowski’s supposed comment that she had on her “fancy pants.”
Though Kuligowski’s filing claimed that the complainant “indicated she did not want a formal complaint filed and did not want the University to undertake an investigation,” the University opened a formal investigation “on or about Oct. 2, 2022.”
“Eventually,, the investigation could not find evidence that Mr. Kuligowski made the alleged statement.”
Kuligowski then alleged in his suit that on or around Dec. 16, 2022, the complainant approached him and sat down beside him at an location not specified in the lawsuit, at which point Kuligowski said he joked with the complainant that “If my wife knew you were near me, she’d kill you.”
“Obviously this was not an actual threat, but a joke born of an uncomfortable situation,” the suit stated.
In late December 2022, Kuligowski said he was abruptly sent home from Toledo’s bowl practices in Boca Raton, Florida, ahead of the Rockets’ appearance in the Boca Raton Bowl,
On December 19, 2022, Kuligowski said he participated in an interview with Toledo’s Human Resources Department – after Kuligowski said he had not been given reason for his suspension from the team’s bowl preparations.
Kuligowski claimed in the suit that two members of the school’s advocacy council who were present for the H.R. interview informed Kuligowski that “This is nothing, you’re definitely not getting fired or anything.”
Three days later, per Kuligowski’s suit, Toledo HR “Found Mr. Kuligowski responsible for retaliation without a hearing.”
Approximately one week later, Toledo Athletics Director Bryan Blair informed Kuligowski that he was likely to be fired or handed out severe disciplinary measures after the school’s investigation into the matter.
On January 14, 2023, Kuligowski said he was informed by Zivisky, on behalf of Toledo, that he had been terminated.
Kuligowski said that his termination absent a formal hearing was a violation of the school’s own established policies as well as a Title IX violation.
Kuligowski also filed in the suit that unspecified University of Toledo officials had leaked the information to the Toledo Blade newspaper, which reported on his termination.
The lawsuit filed showed that Kuligowski was suing Toledo for “Race Discrimination in Violation of Title VII,” “Race Discrimination in Violation of Title VI, “Age Discrimination in Violation of the ADEA (Age Discrimination Employment Act)” and “Violation of the Due Process Clause to the 14th Amendment of the United States Constitution.”
In addition to. Kuligowski’s filing for monetary damages “no less than $10,000,000 and the costs of the suit,” Kuligowski also filed to have his legal fees reimbursed as well as “injunctive relief as delineated above.”
Voted by his peers as college football’s best defensive line coach across the sport in 2014, Kuligowski has coached in the Southeastern Conference at both Alabama and Missouri, where he helped both programs to SEC Championship appearances, as well as with the Miami Hurricanes in addition to his multiple stints on staff at Toledo.
His official Toledo bio noted in 2022 that Kuligowski had helped coach “six future first-round NFL Draft picks as well as three unanimous All-Americans,” and the bio – which also noted Kuligowski twice had been an All-MAC performer as an offensive lineman for the Rockets – also outlined 19 players whom Kuligowski coached and helped to get drafted into the NFL.
Update> The University responded to our request for comment by supplying the following:
Craig Kuligowski, a former assistant football coach at The University of Toledo, was terminated for cause Jan. 14, 2023, for violating the University’s non-retaliation and standards of conduct policies. UToledo is committed to creating a safe and welcoming environment for everyone and holds our leaders to high standards. It is imperative that all employees follow University policy and provide educational and working environments that are free from discrimination and harassment. The University will decline further comment on pending litigation.
