Former Virginia Tech soccer player Kiersten Hening will receive a $100,000 settlement from her lawsuit claiming her coach benched her for expressing political views at a game.
According to her attorney, Cameron Norris of Arlington, the settlement is part of an agreement to dismiss a federal lawsuit in which she claimed she was punished for exercising her First Amendment rights.
The terms of the agreement included no admission of wrongdoing by either Hening or Virginia Tech women’s soccer coach Charles “Chugger” Adair.
Hening claimed she was benched after she refused to kneel during a “unity ceremony” at the beginning of a 2020 game to show support for Black Lives Matter.
Former Virginia Tech soccer player Kiersten Hening, who reportedly got benched for refusing to kneel for a BLM unity statement, will receive a $100,000 settlement from her lawsuit. pic.twitter.com/PvBR1t7LOT
— DailyNoah.com (@DailyNoahNews) January 9, 2023
Virginia Tech's soccer coach, Charles Adair benched Kiersten Hening for NOT kneeling before a game during the height of the BLM movement.
She sued & just won a $100k+ lawsuit 🙌 pic.twitter.com/smTBeUayZ4
— Jon Root (@JonnyRoot_) January 9, 2023
Virginia Tech's soccer coach benched a player for NOT kneeling before a game. She just won a huge settlement in court. https://t.co/xoWdKU6IVg
— Not the Bee (@Not_the_Bee) January 9, 2023
“I am pleased the case against me has been closed and I am free to move forward clear of any wrong doing,” Adair wrote in a statement posted to Twitter.
“It has been difficult not being able to tell my side of the story, but I’ve been overwhelmed by the support I’ve received from the Virginia Tech administration, current and former players, and Hokie Nation.”
“The people I care about and whose opinions matter to me know the truth. They know my coaching decisions are based purely on getting our team in a position to win,” Adair continued.
“My team knows in this particular case, prior to the UVA game, Ms. Hening was starting in a different position and had been replaced by a player who also stood during the ACC Unity statement. It’s unfortunate, but this ordeal was about a disappointment and a disagreement about playing time.”
“Today, we have the clarity that this case lacked any standing, and without evidence, the truth has prevailed,” he added.
Read the full statement:
— CoachChugger (@CoachChugger) January 4, 2023
The Roanoke Times reported:
The $100,000 payment to Hening was not mentioned in the tweet. Adair did not return a phone call from The Roanoke Times, and a Tech spokesman said the school had no comment beyond what he said on social media.
Court records contain no details of the terms of the settlement, which Norris said must be approved by university and state officials before it becomes final.
In a lawsuit filed in March 2021, Hening had asked to be reinstated to the soccer team in addition to receiving an unspecified amount of compensatory and punitive damages. She has since graduated from Tech, and will not be returning for any athletic eligibility that may remain, Norris said.
The settlement was reached shortly after U.S. District Judge Thomas Cullen denied a motion by Tech to have the case dismissed in early December. A three-day trial scheduled to start later this month was cancelled Tuesday in a court filing that said only: “Case settled.”
In allowing the case to move forward, Cullen said there were factual disputes that needed to be decided by a jury.On one hand, Tech argued that it would present evidence showing that two other players declined to kneel while an ACC unity statement was read over loudspeakers at the 2020 game, and suffered no negative consequences from their coach.
“Coach Adair’s explanations have been consistent — Hening’s play contributed to his decision for a line-up change,” attorneys for Tech wrote in court papers.On the other hand, Hening would have argued that there was no reason — other than her conservative political views and her disagreement with Black Lives Matter — to explain why she went from starting her freshman and sophomore years to spending most of her time on the bench following her refusal to kneel.
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