Attorneys have filed a lawsuit on behalf of a former Gannon University student athlete accusing the women's wrestling head coach of engaging in a pattern of discrimination that resulted in her dismissal from the team, according to the complaint filed in federal court Sept. 15.

Kayla O'Brien said she was recruited by coach Christen Dierken, who the university hired in April 2018, to join the wrestling team, the complaint said.

However, O'Brien claims Dierken and Gannon engaged in a "increasingly intense campaign of discrimination, retaliation and abuse" after O'Brien notified them she suffers from anxiety, ADHD and seasonal depression during a summer wrestling camp, according to the lawsuit.

The pattern of hostility and discrimination continued once the fall 2019 semester began, and Dierken spoke disparagingly about O'Brien to members of the team, the lawsuit said. O'Brien said some of her teammates also started treating her with aggression and hostility, and Dierken told her it "was all in her head" when she met with the coach about her concerns.

Dierken is also accused of writing up O'Brien for requesting an accommodation for her disabilities just before an August 2019 team retreat when she was experiencing adverse side effects related to medication.

O'Brien said she was also subjected to public humiliation and shaming by her team members after admitting to the coach she consumed alcohol at an on-campus party, which was a violation of team rules, according to the complaint. The lawsuit claims other non-disabled student athletes who also violated team rules were not subject to the same treatment.

In November 2019, O'Brien was suspended from the wrestling team for two weeks after a trainer said O'Brien was disrespectful because of a comment made during treatment for an injury, according to the lawsuit.

Two days later, a licensed clinical psychology from the Gannon counseling center notified the athletics director that "O'Brien had expressed a number of concerns about Dierken that 'could be construed as mental/emotional/physical abuse.'" The lawsuit said the athletics director failed to address Dierken's conduct and instead focused on eliminating O'Brien from the program.

After meeting with O'Brien's family and the psychologist's email, the athletics director referred O'Brien to the Office of Student Conduct for the incident with the trainer about a week after the suspension, the lawsuit said. Dierken then indefinitely extended the suspension while awaiting the results of the student conduct process.

A student conduct officer found the comment made during the treatment session without investigating the issue, interviewing witnesses or accepting documentation, the lawsuit claimed. She received a written warning and recommendation for counseling, but Gannon denied O'Brien the opportunity to appeal the decision, and she remained suspended from the wrestling team, according to the complaint.

O'Brien said the abuse continued when she was physically assaulted by a fellow member of the team during a home wrestling meet Dec. 6, 2019, and aggressively accosted at the door to her residence hall room by three other women student wrestlers Dec. 12, the complaint said.

Despite several complaints, Gannon never conducted an official investigation into Dierken until March 2020, which came after O'Brien's attorney filed notice documenting the harassment and retaliation concerns, according to the lawsuit.

Dierken admitted to Gannon's independent investigator she never followed up with O'Brien after the student conduct process was complete, the complaint said. After not receiving notice otherwise, O'Brien believed she would continue to wrestle for the 2020-21 school year and was awarded a wrestling scholarship, according to the lawsuit.

However, O'Brien learned June 30, 2020 - the last possible day under NCAA rules - her women's wrestling scholarship was not being renewed, the lawsuit said. Dierken did not respond to emails asking for information about the scholarship and her place on the team, and O'Brien appealed the decision, according to the complaint.

Less than two hours before the appeal hearing, Gannon cancelled the hearing, said only O'Brien's athletic scholarship would be reinstated and she would not be permitted to wrestle due to the student conduct issue, according to the lawsuit. The actions ended O'Brien's athletic career, her athletic scholarship for future years and her housing allowance for the university.

O'Brien said the university's action forced her to withdraw and attend a different college, the complaint said.

The lawsuit alleges five counts:

  1. Disability discrimination in violation of the Americans with Disabilities Act against Gannon University
  2. Retaliation in violation of the Americans with Disabilities Act against Gannon University and Christen Dierken
  3. Disability discrimination in violation of the Rehabilitation Act of 1973 against Gannon University
  4. Retaliation in violation of the Rehabilitation Act of 1973 against Gannon University
  5. Breach of contract against Gannon University because the university did not provide fair disciplinary processes and promised it would not discriminate or retaliate based on disability despite its policies and student handbook

It is seeking damages, including for emotional distress, attorneys' fees and court costs and any other relief the court finds appropriate.

In a statement, Gannon University told Erie News Now:

“We are aware of the filing and we are discussing it with our attorneys. Beyond that, we have no comment on the case at this time.”