Federal judge to decide Whitcomb lawsuit against NIC

COEUR d’ALENE — A lawsuit filed by former North Idaho College head wrestling coach Pat Whitcomb against NIC for what Whitcomb called an unfair dismissal went before a federal judge last week.

The suit, filed in 2019, alleges that the college fired Whitcomb earlier that year because of his advocacy for a disabled student-athlete. He had been the head wrestling coach since 1997.

NIC, meanwhile, contends that Whitcomb lost his job because of academic integrity violations.

After initially seeking a jury trial, Whitcomb and NIC agreed to let U.S. District Judge B. Lynn Winmill rule on the case. A three-day bench trial began March 28 and concluded March 30.

A decision by Judge Winmill is forthcoming.

According to the lawsuit, in 2016, Whitcomb successfully recruited a wrestler who was a double-amputee. Because the team practiced on the second floor of a building without an elevator or wheelchair lift, the student had to crawl up the stairs or be carried by a teammate to the practice space.

Court documents allege Whitcomb made requests to move wrestling practices to the main floor of a different building or to install an elevator or wheelchair lift, but the requests were denied.

Al Williams, NIC’s athletic director at the time, reportedly suggested in 2017 that the wrestling team move practices to the first floor of the building they already used. The move was determined to be impractical, however, and the team stayed in the same space.

The lawsuit states Whitcomb began to receive lower performance evaluation scores than in the past, which he believed were retaliatory.

In fall 2018, NIC hired an attorney to investigate the case of a wrestler who had received an “A” in a physical education class that the wrestler neither registered for nor attended.

The investigation, according to the lawsuit, revealed that arrangements had been made for some student-athletes to register for but not attend a certain instructor’s physical education classes or to receive credit for working out under the supervision of an assistant coach.

Whitcomb denied any involvement and the attorney did not find any direct evidence of such, according to court documents. Still, the report concluded that Whitcomb “was aware of this practice and facilitated the same” through his relationship with the instructor.

Even if Whitcomb had no knowledge of the practice, court documents said, NIC’s position was that Whitcomb was “at least grossly negligent in failing to manage the men’s wrestling program as it relates to academics and integrity.”

Based on the investigation’s findings, NIC determined that Whitcomb had violated the college’s academic integrity policy and fired him in January 2019.

Since then, Whitcomb has maintained that the accusations of academic integrity violations were a pretext and the firing was retaliation for advocating on behalf of a disabled student-athlete.

Whitcomb’s lawsuit originally alleged that NIC had violated the Rehabilitation Act, the First Amendment and the Idaho Protection of Public Employees Act.

Whitcomb later withdrew the First Amendment claim. The U.S. District Court granted a motion by NIC to dismiss the protection of public employees claim, on the grounds that Whitcomb “failed to establish a prima facie case of retaliatory discharge” under the act for reporting a law violation.

Still in play is the Rehabilitation Act, which protects the rights of disabled people and creates a private right of action for individuals who face disability discrimination by any program or activity receiving federal financial assistance. Raising a complaint about the treatment of others is a protected activity under the Rehabilitation Act.

Judge Winmill is expected to issue a written ruling sometime after April 6, the date counsel were ordered to submit post-trial briefings by.