Nov 27, 2016Athletic Trainer Files Complaint
Drake University Head Athletic Trainer Scott Kerr was fired in September after urinating in a tub in the athletic training room. He has now filed a complaint with the Iowa Civil Rights Commission alleging discrimination against a medical condition.
As reported by KCCI-8, Kerr says he explained the incident to Drake University’s Athletic Director and a human resources department representative, and also told them he had a medical condition that causes frequent and sudden urination. He was told his behavior was not acceptable.
“I met with the athletic director and a representative of human resources expecting to get support for my condition,” Kerr told KCCI-8. “However, I was made to feel more embarrassed and humiliated.”
Kerr, who is 61 years old, has been diagnosed with neutrally mediated syncope as well as an enlarged prostate. As reported by the Des Moines Register, Kerr urinated into a tub in an athletic training room when he knew he couldn’t make it to the bathroom in time.
Although he was awarded one month of severance pay, Kerr and his attorney are seeking lost wages and reinstatement of his job. If the complaint with the Iowa Civil Rights Commission is not settled, the case could end up in court.
After initially choosing to not respond, Drake University offered a statement on Tuesday to Channel 13 whotv.com:
“Personnel matters are taken very seriously at Drake University and out of respect for everyone involved Drake works hard to preserve their confidential nature. However, given Mr. Kerr’s decision to open this matter to public discourse, Drake University is compelled to take the extraordinary step of providing a more detailed response to Mr. Kerr’s accusations.
Mr. Kerr was terminated for his decision to urinate in a training room whirlpool that is utilized by the student athletes under his care, and his failure to report that behavior until the female colleague who witnessed his behavior insisted that the matter be reported two days later. Mr. Kerr did not request an accommodation for any medical condition prior to the events in question nor prior to the termination decision being made by Drake University. Sandy Hatfield Clubb consulted with human resources, university counsel, and university leadership before taking action in this case. She gave full consideration to Mr. Kerr’s many years of service and felt the weight of the respect and concern that she personally feels for Mr. Kerr. However, Mr. Kerr’s conduct rendered it impossible for him to continue as Drake University’s head athletic trainer. Drake University looks forward to presenting the Iowa Civil Rights Commission with a comprehensive depiction of Mr. Kerr’s conduct and the conscientious decision-making process that led up to his separation, and Drake’s position that Mr. Kerr was terminated for his decisions and conduct and not due to any unlawful discrimination.”