Thursday, January 20, 2022

NFL moves to dismiss Jon Gruden lawsuit, calls ex-Las Vegas Raiders coach's claims against league 'baseless'

NFL moves to dismiss Jon Gruden lawsuit, calls ex-Las Vegas Raiders coach's claims against league 'baseless'

NFL moves to dismiss Jon Gruden lawsuit, calls ex-Las Vegas Raiders coach's claims against league 'baseless'

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Stephen A.: 'Jon Gruden's career is over' (1:14)

The NFL filed a motion asking a Nevada court to dismiss former Las Vegas Raiders coach Jon Gruden's lawsuit against the league, saying accusations that the NFL leaked Gruden's emails are "baseless" and "should be dismissed for failure to state a single viable cause of action."

The league responded Wednesday to the suit that Gruden filed in district court in Nevada's Clark County in November. The NFL filed a motion to dismiss the case and also asked the court to stay that motion until it first rules on whether the case should be moved to arbitration.

Gruden resigned as coach of the Raiders in October with more than six seasons remaining on his 10-year, $100 million contract.

He claimed a "malicious and orchestrated campaign" was used by the NFL and commissioner Roger Goodell to destroy his career by leaking the old emails that included racist, misogynistic and anti-gay language.

The emails were sent to former Washington Football Team executive Bruce Allen and others from 2011 to 2018 during Gruden's time as the lead analyst for ESPN's Monday Night Football. The emails came from a set of 650,000 obtained by the league in June during an investigation into WFT's workplace culture.

The Wall Street Journal first reported on Oct. 8 that Gruden used a racist trope to describe NFL Players Association executive director DeMaurice Smith.

Gruden apologized then coached two days later as a listless Raiders team lost at home to the Chicago Bears.

On Oct. 11, the New York Times revealed Gruden sent additional emails using misogynistic and anti-gay language over a seven-year period. He resigned that evening, apologizing again and saying he never meant to hurt anyone.

"Gruden does not, and cannot, dispute that he wrote the published emails. He does not, and cannot, dispute that he sent those emails to multiple parties," the league's filing said. "Nor does he claim that they were somehow altered or edited and that the repugnant views espoused in them were not in fact expressed by him. Instead, Gruden filed the instant complaint against the NFL and the commissioner, painting himself as the victim in a fictional story and seeking money through baseless claims against the NFL."

Gruden's lawyer had said "there was no explanation or justification for why Gruden's emails were the only ones made public out of the 650,000 emails collected in the NFL's investigation of the Washington Football Team or for why the emails were held for months before being released in the middle of the Raiders' season."

The league denied leaking the emails, which had been sent to up to a half-dozen people, and added that Gruden had no "expectation of privacy" for the emails.

The filing said that even if the league had leaked the emails, it still would not constitute "intentional interference with a contract," as claimed by Gruden, because the NFL had no obligation to protect the confidentiality of the emails, had the right to disclose truthful information to the media and could have suspended or canceled Gruden's contract because of the emails.

Raiders owner Mark Davis said in October he had reached a settlement with Gruden over the final six-plus years of his contract. Davis did not reveal the terms of the settlement.

Information from The Associated Press was used in this report.

NCAA updates policy on transgender participation, to let each sport set eligibility requirements

The NCAA announced a new policy Wednesday in which eligibility requirements for transgender athletes will be determined by each sport's national governing body.

The new requirements go into effect immediately. The previous policy, adopted in 2010, was uniform across all sports and was based on hormone therapy requirements.

The new policy comes at a time when transgender athletes continue to be a focus of national debate. Since 2020, 10 states have enacted laws restricting participation for transgender athletes in school sports, many of which affect collegiate participation at the competitive, club and intramural levels.

This winter, University of Pennsylvania swimmer Lia Thomas, who is transgender, recorded the top times in the country in the 200-yard and 500-yard women's freestyle. Under the NCAA's new policy, Thomas would need to be in compliance with USA Swimming's criteria in order to participate at the NCAA championships in March.

USA Swimming did not respond to a request to provide details of its existing policy. The University of Pennsylvania also did not respond to a request for comment.

"We are steadfast in our support of transgender student-athletes and the fostering of fairness across college sports," said John DeGioia, NCAA Board of Governors chair and Georgetown president. "It is important that NCAA member schools, conferences and college athletes compete in an inclusive, fair, safe and respectful environment and can move forward with a clear understanding of the new policy."

Beginning with the 2022 winter championships, transgender athletes wishing to compete will need to document their testosterone levels, in compliance with their specific sport, four weeks before the sport's selection of championship participants. If a national governing body does not have a policy, then the international federation's policy will be used. If the international federation does not have a policy, then the previously established International Olympic Committee policy will be used.

During the 2022-23 season, athletes will need to provide testosterone level documentation at three predetermined points, including four weeks before championship selection.

"This update complicates the NCAA policy in a way that I don't believe they are equipped to handle," said Chris Mosier, a duathlete and transgender inclusion advocate. "Given that many NGBs have not created policies for transgender athletes and that policies vary from sport NGB to NGB, tracking compliance is going to be a nightmare for the NCAA. This creates many different standards for trans athletes."

Former Olympic swimmer Nancy Hogshead-Makar, a member of the Women's Sports Policy Working Group, also took issue with the revisions.

"The new NCAA policy sounds a lot like the old one," she said. "The board hasn't resolved the intractable balancing between fairness, playing safety and inclusion. They failed women by not prioritizing fairness."

The NCAA policy shift is an attempt to bring the organization in line with the IOC's approach.

"Approximately 80% of U.S. Olympians are either current or former college athletes," NCAA president Mark Emmert said in a statement. "This policy alignment provides consistency and further strengthens the relationship between college sports and the U.S. Olympics."



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