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Former track coach Bev Kearney's discrimination case against Texas will move forward

Despite more than a year out of the spotlight, the Kearney case isn't going away.

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Bev Kearney in 2010.
Bev Kearney in 2010.
Kirby Lee -- USA TODAY Sports

Remember the lawsuit filed by former Texas Longhorns women's track coach Bev Kearney back in 2013 that seemed poised to rip apart the athletic department? There hadn't been any recent developments, but a state appeals court ruled Tuesday that her race and gender discrimination case can move forward.

The Third Court of Appeals in Austin agreed with Texas officials who asked to throw out her retaliation claim, but the discrimination claim still stands. The decision is available here.

"Finally we will have our day in court to allow Bev the opportunity to show exactly how different UT treated (her) than they treated others who had relationships with students," said Derek Howard, Kearney's attorney.

While the case had been on hold for more than a year, the ruling allows depositions and the gathering of records to once again continue. However, Texas does have until May 18 to file a motion to rehear the case or push it to the Texas Supreme Court.

At issue is Kearney's resignation in lieu of termination back in early 2013 after the school discovered her long-term relationship with one of her track athletes in 2002. Kearney and her attorney believe that her ouster was a result of discrimination because former Texas football assistant Major Applewhite was later given raises and promotions after admitting to a consensual encounter with a student trainer during the team's trip to the Fiesta Bowl in 2009. Applewhite eventually become the co-offensive coordinator in 2013 before former head coach Mack Brown's resignation.

Here's how the university dealt with that incident, which Applewhite claimed only happened once:

Dodds wrote that in the wake of Applewhite's "inappropriate" conduct in Arizona, Applewhite's salary would be frozen until Jan. 1, 2010, the letter of reprimand would be placed in his personnel file, and that "any misconduct on your part in the future will result in more serious consequences."

Back in 2013, Howard said that he had found numerous instances of inappropriate relationships in the Texas athletic department:

Howard said he has knowledge of "in excess of 10" inappropriate relationships between UT staffers and subordinates. He said such relationships are "part of the culture" at UT and that none of the staffers involved have been subject to the same treatment Kearney received when the school discovered last fall she'd had an affair with a student-athlete in 2003.

However, Kearney's relationship with Raasin McIntosh also led her to commit numerous NCAA violations, according to Texas Monthly, as Kearney bought McIntosh meals, paid for trips to Evander Holyfield's mansion in Atlanta, to Vail, to and Las Vegas, bought her clothes, and even gave her enough spending money that McIntosh, who came from an impoverished family in the Houston area, was able to buy a new Volkswagen Jetta.

Kearney is seeking at least $1 million in damages after losing a coaching career at Texas that included honors as the three-time NCAA outdoor coach of the year, two-time NCAA indoor coach of the year, and fifteen-time conference coach of the year, in addition to winning six national championship for the Longhorns.