Latest on Kearney

Lawyers for the University of Texas and for former UT women's track coach Bev Kearney squared off in state District Judge Orlinda Naranjo's court Tuesday over some procedural matters.

UT's lawyers probably got the most favorable ruling from Naranjo when she granted a motion that would allow UT to redact any student information or identifying information stated in documents entered into evidence.

Any such documents would also be part of a protective order that would keep them from being discussed publicly, including depositions taken in the case.

"This is a public university using public funds, and I think they are overreaching in their desire for confidentiality," said Jody Mask, a McAllen attorney representing Kearney.

Mask had argued that UT be allowed a protective order keeping students' names confidential or be allowed to redact students' names and identifying information. But not both.

The judge ruled UT would be allowed to redact names as well as have a protective order keeping that information from being made public.

"I believe (the redacted names) hamstring us a little bit because we'll be relying on the university's witnesses and their one-sided account," Mask said.

"I'd like to be able to question other individuals who have a different view of the same series of events who the university doesn't control or have power over."

Kearney's attorneys are seeking evidence of inappropriate relationships by men and women in the UT athletic department (as well as other areas of the university) to make the case that Kearney was discriminated by being terminated (for having a relationship with one of her student athletes back in 2002).

The deposition of Major Applewhite has been set for June 19, while the deposition of former Texas women's track star Raasin McIntosh has been set for June 20.

McIntosh was identified first by Texas Monthly as the student who engaged in a two-year relationship with Kearney while a member of the UT women's track team under Kearney's leadership.


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