Vermont coach fired for views on gender gets settlement; school admits he did nothing wrong

A Vermont high school coach terminated after respectfully expressing his views on the differences between men and women has reached a favorable settlement with the school district.

The Lion reported previously that snowboard coach David Bloch was fired by the Windsor Central School District after he participated in a discussion between two athletes who were talking about the fairness of a biological male competing against girls.

A lawsuit filed by the coach against state and school district officials contended the termination violated the coach’s First Amendment rights and 14th Amendment right to due process.

In a settlement, state and school district officials agreed to pay the ex-coach $75,000. 

One of the defendants in the suit, Superintendent Sherry Sousa, is the mother of a transgender child who was previously on the snowboarding team, according to the judge in the case.  

At the time of his termination, Bloch was told by Sousa he violated district policies on harassment, hazing and bullying.  

But Sousa later admitted to the judge in the case that even if he hadn’t, she would have fired him anyway. 

Bloch’s attorneys said that during the meeting with the coach terminating his employment, Sousa appeared “visibly angry.” 

“She (Sousa) agrees she could have issued a warning, a reprimand, mandated training, or issued a suspension or any combination of these measures but instead chose termination. She has a transgender child, who was previously on the snowboarding team, and felt the issue was an important one,” wrote Judge Christina Reiss, in a decision to allow the trial to go forward.  

In the subsequent settlement agreement, the Vermont Agency of Education and the school district admitted that Bloch’s conversation with student athletes did not violate the state-mandated harassment, hazing and bullying policy.  

“[T]he school district fired him because he simply expressed his views that males and females are biologically different and questioned the appropriateness of a teenage male competing against teenage females in an athletic competition,” said the coach’s attorney, Mathew Hoffmann, legal counsel for Alliance Defending Freedom (ADF).  

In January, a federal court rejected Bloch’s request for a temporary injunction reinstating him to his position as coach, but allowed the lawsuit to proceed.  

At that time, Sousa, who had every reason to remain quiet, did, what, in retrospect, appears to be a premature victory lap, anticipating a win for the district at trial.  

“The District is very pleased with this result,” she said in a statement to the Vermont Standard.  “After a full evidentiary hearing, the federal court refused to reinstate Mr. Bloch, rejecting his arguments that he was exercising his free speech rights when he made comments about a transgender student/athlete on another team.” 

The trial was set for Aug.12, with discovery due by May 8, but the settlement may have been sealed by Sousa’s admissions to the judge of a personal motive for the termination.   

“We’re pleased to favorably settle this case on behalf of Coach Bloch, and we’ll continue our work to ensure that the First Amendment protects all viewpoints, not just those favored by the government,” said Hoffmann.