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America April 9, 2025 4 mins read

Fifth Circuit Upholds LSU Win in Sharon Lewis Retaliation Case

America ı By Rihem Akkouche

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5th Circuit LSU's Win backing

The Fifth Circuit Court of Appeals on Tuesday sealed a major legal win for Louisiana State University, ruling that the school’s decision to terminate former football program director Sharon Lewis was not retaliation, but rather a consequence of a staff overhaul initiated by new head coach Brian Kelly.

The court’s ruling comes as the latest chapter in a closely watched case that alleged deep-seated Title IX violations, sexual harassment cover-ups, and institutional failings. Lewis had claimed she was pushed out in early 2022 after voicing serious concerns about sexual misconduct in the football program. But the three-judge panel remained unmoved, affirming the jury’s original verdict in favor of LSU’s Board of Supervisors.

No Smoking Gun in Lewis' Retaliation Claims

Lewis, who served as associate athletic director of football recruiting and alumni relations, contended that her dismissal stemmed from her 2013 complaint involving a then-assistant coach who allegedly exposed himself, forcibly kissed another female staffer, and made inappropriate remarks about hiring “prettier” student workers.

Despite the severity of the allegations, the court found that Lewis did not meet the high legal threshold to overturn the jury’s ruling. "She fails to clear this high hurdle," the panel noted in its decision, explaining that no reasonable jury would have found sufficient evidence that her firing was retaliatory under Title IX or Title VII.

The Clean House Defense: LSU Sticks to Its Story

LSU maintained that Lewis’ termination wasn’t personal—it was practical. The school argued she was one of over 40 staff members let go during a massive shake-up prompted by Kelly’s arrival. The panel agreed, citing “ample” evidence that Lewis was simply swept up in the tidal wave of change brought on by the university’s football leadership overhaul.

Kelly himself testified that he had no knowledge of Lewis' complaints at the time of the staff changes. Multiple witnesses confirmed that such clean-slate transitions are common when a new coach takes the reins, making Lewis’ departure more a casualty of restructuring than retaliation.

“This evidence and the numerous witness testimonies support the jury's verdict that Lewis's termination was not in retaliation for her Title IX reports,” the court wrote.

“Capture and Kill” Theory Fails to Convince

In a bold assertion, Lewis claimed LSU ran a “capture and kill” scheme, diverting Title IX complaints away from the proper channels—specifically routing them to athletics officials rather than the Title IX coordinator. But the court said this only illuminated systemic flaws in LSU’s reporting procedures and did not link her firing to her protected complaints.

Further, although Lewis pointed out that several athletic department officials were aware of her reports, the court said she still lacked direct evidence that her termination was triggered by her speaking out.

EEOC Charge Also Not Enough

Lewis also attempted to revive a Title VII retaliation claim, arguing that LSU’s athletic director who signed off on her firing knew of her EEOC charge. But again, the court found the argument lacking since Kelly made the final call, distancing the decision from any alleged retaliatory motive.

A Case That Stirred National Attention Ends Quietly

While the lawsuit initially drew national scrutiny for its explosive allegations of misconduct and retaliation within a high-profile NCAA football program, Tuesday’s decision appears to bring the legal drama to a close—at least for now.

Attorneys for Lewis and LSU did not respond to requests for comment on the appellate court’s decision.

Lewis was represented by Larry English of English & Associates. LSU's legal team included Susan Furr, Shelton Blunt, Karleen Green, Gregory Stevens, Jessica Huffman, Michael Victorian, and Molly McDiarmid of Phelps Dunbar LLP.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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