Former USC kicker sues University, alleges wrongful expulsion

Former USC kicker Matt Boermeester has filed a lawsuit against the University, alleging that his wrongful expulsion from the school in May 2017 ruined his athletic and academic careers. Boermeester was expelled after a school Title IX investigation concluded that he had physically abused his girlfriend, former USC tennis player Zoe Katz.

This is the second time Boermeester has tried to sue the University over this incident. In March 2018, he unsuccessfully filed a lawsuit to overturn his expulsion in superior court. This latest lawsuit includes seven causes of action, including negligence, intentional infliction of emotional distress and breach of contract. Boermeester is also accusing the University of selective Title IX enforcement, alleging its investigation  automatically assumed his guilt because he was a football player.

Andrew Miltenberg, Boermeester’s attorney, told USA Today that Boermeester “lost his education and his future career in the NFL” because school officials made “a complete mockery of the Title IX process.”

The University’s Title IX coordinator Gretchen Means, who led the investigation, and Vice President for Student Affairs Ainsley Carry are parties named in the lawsuit, along with USC.

The University launched its Title IX investigation after a student told his roommate he witnessed a physical altercation between Boermeester and Katz outside his window late one night. The roommate then told his father, men’s tennis coach Peter Smith, who reported what he heard to the University, as required by law.

The University’s investigation into the incident found that Boermeester put his hands around Katz’s neck, “causing her to cough, and shoved her into a cinder block wall in the alley near her apartment at least twice” on the morning of Jan. 21, 2017.

Both Boermeester and Katz, who are still in a relationship, have denied that any physical altercation occurred. Both repeatedly claimed they were “horsing around” in a McDonald’s parking lot and throwing french fries at each other. Katz never filed a complaint with the University or LAPD, and Boermeester was never arrested or investigated by police regarding the allegations.

Miltenberg issued a statement Thursday alleging that the University did not practice proper due process in the investigation.

“Based on nothing more than a third-party report by a non-witness — essentially a rumor that was easily and repeatedly disputed — a star athlete lost his education and his future career in the NFL,” Miltenberg said.

The University re-affirmed its findings from the investigation in a statement issued Friday.

“USC stands by its investigation and the evidence in the Matthew Boermeester case,” the statement read. “In a similar lawsuit Boermeester filed in state court, a Los Angeles Superior Court judge in March 2018 ruled in USC’s favor, upholding his expulsion. The court found that substantial evidence, including video of the incident and statements from witnesses, supported our decision.Student disciplinary records are confidential. If the students involved waive their confidentiality rights, the university could provide more detailed information.”

In addition to Boermeester’s reinstatement at the school, Miltenberg told ESPN they are seeking financial compensation for damages and want the former kicker’s record expunged.