From Chief Judge Michael Urbanski's opinion posted yesterday in Peyton v. Kuhn (W.D. Va.):
[The Amended Complaint alleges the following:] Peyton was recruited to play baseball for Radford University ("Radford") by Radford's former baseball coach, Joe Raccuia, who was replaced by Kuhn prior to Peyton's matriculation. Peyton found many of Kuhn's actions objectionable, such as: grouping the lockers of minority players, such as Peyton, together; informing all players that they were required to stand during the national anthem in order to remain in good standing; directing only the players of color to get haircuts prior to team pictures; prohibiting players from attending a racial justice rally on campus; referring to an Asian American player on the team as "Kim Chi," rather than by his name; and assisting white players in finding summer league placements, but not assisting Peyton. Kuhn did not play Peyton in any baseball games during the 2020–2021 season.
Peyton was directed to inform Kuhn of his ongoing mental health concerns and believed Kuhn responded inappropriately to his disclosure. Peyton then reported this and the previous incidents to Radford's athletic department. Kuhn subsequently asked Peyton whether Peyton had lodged a complaint against him. When Peyton's parents became involved, Kuhn urged them to disenroll Peyton from Radford and stated, in front of others, that "these parents want me fired." Several days later, Kuhn took the players out of earshot of other athletic staff members to "curse them out."
Despite assurance from Radford's athletic director that Peyton would not face retaliation for raising concerns about Kuhn, Peyton was taken off the active lineup, prohibited from participating in live batting practice, and prevented from traveling with the team.
