$100K settlement awarded to ex-Virginia Tech soccer player who refused to bend the knee in solidarity with BLM: Report



The ex-Virginia Tech soccer player who was allegedly penalized over her refusal to kneel during a 2020 Black Lives Matter protest will reportedly be awarded a $100,000 settlement.

What's the background?

Kiersten Hening claimed that she had lost her starting position on Virginia Tech's Hokies women's soccer team after she elected not to take part in a so-called pre-game unity ceremony on Sept. 12, 2020, in support of the scandal-plagued BLM movement.

She indicated that her refusal was met by a "campaign of abuse and retaliation" launched by Hokies coach Charles "Chugger" Adair.

Hening had been a midfielder/defender for the team from 2018 to 2020.

According to the New York Post, she started 19 games in 2018 and played in 18 games in 2019.

The Hokies women's soccer website indicated that in 2019, Hening was "one of five Hokies to see more than 80 percent of the total team minutes played for the year, logging 1,665 total minutes of action, second most among field players."

Attorneys for the university counterclaimed that Hening had been benched for poor performance, and Adair suggested she had been replaced by another player who refused to kneel in solidarity with BLM.

Hening, allegedly benched for her conservative stance, subsequently filed a lawsuit against Adair in Roanoke Division of the United States District Court's Western District of Virginia on March 3, 2021.

TheBlaze previously reported that Federal Judge Thomas Cullen ruled on Dec. 2, 2022, that the lawsuit could proceed, denying a motion to dismiss the lawsuit.

"Ultimately, Adair may convince a jury that this coaching decision was based solely on Hening’s poor play during the UVA game, but the court, viewing the evidence in the light most favorable to Hening, cannot reach that conclusion as a matter of law," said Cullen.

The suit claimed that Adair singled out Hening "and verbally attacked her, pointing a finger directly in her face. He denounced Hening for 'bitching and moaning,' for being selfish and individualistic, and for 'doing her own thing.'"

While Hening indicated in her lawsuit that she "supports social justice and believes ... black lives matter," she "does not support BLM the organization," taking issue with its "tactics and core tenets of its mission statement, including defunding the police."

The identitarian leftist group Hening refused to side with not only called for police to be defunded but for the disruption of the nuclear family and for "a queer-affirming network."

Beyond castigating the player for refusing to signal agreeance with the claims advanced by BLM, the suit claimed that the coach had violated Hening's First Amendment rights.

The settlement

The three-day trial scheduled later this month has been called off.

Roanoke Times reported that Hening will receive $100,000 as part of an agreement to dismiss her federal lawsuit.

Hening's attorney, Cameron Norris, indicated that — per the terms of the settlement which the university and state officials must still approve — this resolution does not require an admission of wrongdoing from either Hening or Adair.

In a poorly-received statement on Twitter, Adair wrote, "I am pleased the case against me has been closed and I am free to move forward clear of any wrongdoing. ... It's unfortunate, but this ordeal was about a disappointment and a disagreement about playing time."

Attorney Adam Mortara responded, "If by clarity you mean you are paying my client six figures in a settlement then you’re right that’s pretty clear. Honestly, Coach, read the Court’s opinion. You are paying. Defendants don’t pay in cases that have no standing."

\u201c@CoachChugger If by clarity you mean you are paying my client six figures in a settlement then you\u2019re right that\u2019s pretty clear. Honestly, Coach, read the Court\u2019s opinion. You are paying. Defendants don\u2019t pay in cases that have no standing.\u201d
— CoachChugger (@CoachChugger) 1672852699


Lawsuit: Soccer player claims refusal to kneel cost her youtu.be

Ex-Virginia Tech soccer player can sue coach for allegedly punishing her for refusing to kneel in social justice protest, judge rules



A judge ruled that a former Virginia Tech women's soccer player can go forward with her lawsuit against her ex-coach for allegedly punishing her after she refused to kneel during a social justice protest.

Kiersten Hening was a starting defender and midfielder for the Hokies from 2018 to 2020. As a freshman, Hening appeared in all 22 games and started in 19 of them. As a sophomore, she appeared in all 19 matches, was a starter in the last 18 contests, and had the second-most minutes played among field players, according to the Hokies women's soccer website.

However, Hening claims that the relationship with her coach changed after she refused to participate in a social justice demonstration. Hening refused to kneel before the team's season-opening game against the Virginia Cavaliers on Sept. 12, 2020.

The Richmond Times-Dispatch reported, "While her teammates knelt during the pregame reading of the Atlantic Coast Conference's unity pledge — a show of support for the social justice movement and Black Lives Matter — Hening and one other unidentified player remained standing."

Hening accused Hokies head coach Charles "Chugger" Adair of launching a "campaign of abuse and retaliation" after she refused to participate in the pregame social justice demonstration.

The lawsuit – which was filed in the Roanoke Division of the United States District Court's Western District of Virginia on March 3, 2021 – alleges Adair "benched her, subjected her to repeated verbal abuse, and forced her off the team."

The lawsuit claims, "He singled her out and verbally attacked her, pointing a finger directly in her face. He denounced Hening for 'bitching and moaning,' for being selfish and individualistic, and for 'doing her own thing.'"

The lawsuit alleges that Adair's actions violated Hening's First Amendment rights.

Federal Judge Thomas Cullen ruled on Dec. 2 that the case can proceed to trial, according to Fox News. Cullen noted that Adair slashed her playing time.

"As a freshman, Hening averaged 76 minutes of playing time; as a sophomore, nearly 88," Cullen wrote in the ruling. "But during the Clemson game [the next game after the kneeling incident], Hening only played 29 minutes, and, at the UNC game, just 5."

"Ultimately, Adair may convince a jury that this coaching decision was based solely on Hening’s poor play during the UVA game, but the court, viewing the evidence in the light most favorable to Hening, cannot reach that conclusion as a matter of law," Cullen stated.

Hening resigned from the team after the third game of the season.

Adair claims that two other players refused to kneel and they did not have reduced playing time.

"While the U.S. Supreme Court and the Fourth Circuit may not have addressed the novel factual circumstances presented here—i.e., a college coach allegedly retaliating against a player for refusing to kneel with her coaches and teammates in support of perceived unity and social justice—the core constitutional principle is both clearly established and fundamental to a free society, and especially to an institution of higher education," Cullen wrote.

The lawsuit stated that Hening "supports social justice and believes that black lives matter," but she "does not support BLM the organization," because of its "tactics and core tenets of its mission statement, including defunding the police."

Lawsuit: Soccer player claims refusal to kneel cost her www.youtube.com

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Virginia Tech instructor’s syllabus apologizes to students for privilege of having white skin, being middle-class



A Virginia Tech instructor is making headlines after reportedly apologizing to her students of color for the privilege of having white skin and being straight and cisgendered, according to a Tuesday report from Campus Reform.

What are the details?

In her syllabus, Dr. Crystal Duncan Lane, an instructor of human development and family science, apologized to her students of color and asked students to "join [her] on this journey" of fighting against inherent biases.

The syllabus for her Human Development 1134 class, which included a "Who I Am" section, read, "I am a Caucasian cisgender female and first-generation college student from Appalachia who is of Scottish, British, and Norwegian heritage. I am married to a cisgender male, and we are middle class. While I did not 'ask' for the many privileges in my life: I have benefitted from them and will continue to benefit from them whether I like it or not."

The blurb added that Duncan Lane believes that it is her duty as a white woman of privilege to confront racism head-on and fight for equity. She also included an apology to students of color for the "inexcusable horrors within our shared history" and said that the unfair privileges of having white skin and more are an "injustice."

"This is injustice," she wrote. "I am and will continue to work on a daily basis to be antiracist and confront the innate racism within myself that is the reality and history of white people. I want to be better: every day. I will transform: every day. This work terrifies me: every day. I invite my white students to join me on this journey. And to my students of color: I apologize for the inexcusable horrors within our shared history."

Born with 'innate racism'

The outlet reported that the class, according to one student, is "about disabilities."

"Not political opinion, affiliation, nor judgement in any sort," the student added. "If you are discussing disabilities, stick to your course."

Another student added, "It hurts that someone says I was born with 'innate racism' because of my skin color. [It] makes me feel like I should hide and worry about everything I say."

The Washington Examiner and Campus Reform both reached out to Duncan Lane for comment on the syllabus, but did not receive a response in time for publication.

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Hokies ex-soccer player files federal lawsuit against Virginia Tech coach, claims she was forced off team for refusing to kneel



A former Hokies soccer player is suing the Virginia Tech women's soccer head coach for allegedly forcing her off the team after she refused to kneel with teammates prior to a game last autumn. Kiersten Hening, a former starting defender and midfielder for the Hokies, has filed a federal lawsuit against Virginia Tech head women's soccer coach Charles "Chugger" Adair, a former professional soccer player who has been the head coach at Virginia Tech since 2011.

The lawsuit, which was filed on March 3 in the Roanoke Division of the United States District Court's Western District of Virginia, alleges that Adair "benched her, subjected her to repeated verbal abuse, and forced her off the team," according to WSLS-TV. The suit claims that Adair's actions violated Hening's First and Fourteenth Amendment rights. The lawsuit alleges that Hening's refusal to kneel is protected under the First Amendment of the U.S. Constitution.

Hening, a junior at Virginia Tech, is labeled as a "talented defender" who started nearly all of the Hokies' games in her freshman and sophomore seasons, according to the suit. As a freshman, Hening appeared in all 22 games and started in 19 of them. As a sophomore, she appeared in all 19 matches, was a starter in the last 18 contests, and had the second-most minutes played among field players, according to the Hokies women's soccer website.

Hening was featured multiple times in the Hokies Women's Soccer 2019 season highlights video uploaded to YouTube by the Virginia Tech Athletics account.

Women's Soccer - Season Highlights www.youtube.com

Hening, a former star soccer player at James River High School, claims Coach Adair launched into a "campaign of abuse and retaliation" after she refused to kneel before the team's season-opening game on Sept. 12, 2020, against the Virginia Cavaliers.

"While her teammates knelt during the pregame reading of the Atlantic Coast Conference's unity pledge — a show of support for the social justice movement and Black Lives Matter — Hening and one other unidentified player remained standing," the Richmond Times-Dispatch reported.

"Coach Adair berated Hening for her stance" during halftime of the game, the lawsuit states. "He singled her out and verbally attacked her, pointing a finger directly in her face. He denounced Hening for 'bitching and moaning,' for being selfish and individualistic, and for 'doing her own thing.'"

Because of Coach Adair's decision, Hening didn't start in the Hokies' next match against Clemson on Sept. 17 and did not start in the third game of the season on Sept. 20. After not starting in consecutive games, Hening left the program.

In love with @clemsonwsoccer & @HokiesWSoccer A big applause from Spain, for both teams#BlackLivesMatter https://t.co/tEy0UrH0bi
— Iruk (@Iruk)1600453141.0

The 21-year-old Hening said Adair "made conditions for Hening so intolerable that she felt compelled to resign," despite not wanting to leave the team.

As reported in Outkick:

The lawsuit alleges that on September 1, 2020, a student-athlete advisory committee discussed proposals for student-athletes to wear BLM COVID masks, BLM wristbands, armbands and BLM shirts during warmups. The soccer team discussed the proposal and "most" players supported the idea. Hening claims Adair supported the proposals and went even further with an idea to replace "Hokies" on the back of the team uniform with the names of alleged victims of police misconduct.

"Hening's stance was costly — too costly," the suit says. "Her coach dislikes Hening's political views."

Hening says she "supports social justice and believes black lives matter" but "does not support the BLM organization."

"While Hening supports social justice and believes that black lives matter, she does not support the BLM organization," the lawsuit reads. "She disagrees with its tactics and core tenets of its mission statement, including defunding the police and eliminating the nuclear family."

Former Virginia Tech soccer player sues coach www.youtube.com

Hening is seeking the following:

  • A judgment that Adair violated both her First and Fourteenth Amendment rights
  • The ability to rejoin the team without any adverse action against her for exercising her First Amendment rights
  • Have Adair undergo First Amendment training
  • Compensatory, punitive, and nominal damages
  • Her legal fees

Adair, who is the Hokies' all-time winningest coach at 126-62-20, declined to comment on the lawsuit. He is being represented by Virginia Tech attorneys. The university is not named as a defendant in the lawsuit.

Athletes kneeling before sporting events became a major powder-keg issue in 2016, when then-San Francisco 49ers backup quarterback Colin Kaepernick refused to stand for the national anthem.

"I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color," Kaepernick said at the time. "To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder."

Following the police-involved death of George Floyd last summer, kneeling before games as a sign of protest against police brutality and a call for racial justice was carried out by players of professional and amateur sports leagues.

Former Virginia Tech Soccer Player Alleges Coach Forced Her Off Team After Standing For National Anthem

Kiersten Hening, a former women's soccer player at Virginia Tech, alleges in a lawsuit that coach Chugger Adair forced her off the team for her politics.