A high-profile lawsuit filed by a former soccer player against Westminster University last year has been tossed out — but the dismissal was not based on whether there was merit to her sexual harassment and hazing allegations.
Instead, a federal judge threw out Naomi Kehl’s case this week on a technicality: She no longer had an attorney representing her. And 21 days after her representation withdrew, she had not found a new lawyer, which is grounds to dismiss, ruled U.S. District Judge David Barlow on Tuesday.
Kehl also failed to respond to the court’s request asking about her intentions on moving forward, Barlow said. He dismissed the case without prejudice, meaning she can refile later if she does find an attorney.
The decision puts an end — at least for now — to the case that initially drew widespread attention against the small private university in Salt Lake City.
In her lawsuit, Kehl had alleged that when she was a freshman on the women’s soccer team in April 2021, she and other new players were forced to take part in an “initiation ritual,” where they had to answer sexual questions in front of male coach Tony LeBlanc. She said it took place on a bus to an away game.
“How many sexual partners have you had?” and “What is your favorite sexual position?” were among the questions, she said. They would become increasingly explicit until the player answering had nothing left to say, Kehl said, or broke down crying from embarrassment or anxiety from the game they called “the hot seat.”
LeBlanc, who is also an assistant attorney general for Utah, piped in with his own follow-up questions and laughed at the players’ answers, according to Kehl.
Kehl said some of the players didn’t want to participate but felt they must to avoid repercussions, including being benched for games if they didn’t. In her lawsuit, she called the experience sexual harassment and said the coach had an obligation to not let the ritual happen — and not to join in.
Instead, Kehl said, he encouraged it. And when she and her father, Ed Kehl, went to complain about it to administrators, LeBlanc then allegedly retaliated against her and benched her for four games.
Kehl left the school and quit soccer.
In the lawsuit, Kehl argued that it wasn’t appropriate for the coach to continue in his position and that he violated federal Title IX law on sexual harassment. She called for LeBlanc’s termination, as well as for $1 million in damages.
LeBlanc is a Westminster alumnus who played for the men’s soccer team, according to his biography on the school’s website. He has coached the college’s women’s soccer team the entire time it has existed and is still currently listed as head coach.
He has worked in the Utah attorney general’s office since 2010; initially, when the lawsuit was filed, he was placed on leave while the office internally investigated the allegations. A spokesperson for the office said the investigation “did not substantiate any of the allegations,” and LeBlanc returned to work.
Kehl’s lawsuit was originally filed by the Lento Law Group, with three attorneys there representing her. One stepped down in April, according to the court docket, and the other two followed later in the summer. A spokesperson for the group did not respond to a request for comment from The Salt Lake Tribune.
Calls to Kehl and her father this week also were not answered.
Westminster had pushed for the case to be dropped based on Kehl’s lack of representation. The school also filed a motion to dismiss the case, saying her claims that the school did not take action were unfounded.
When the university received the report from Kehl’s father, Westminster said it investigated the allegations, suspended the coach for two games and required all athletes on the soccer team to complete Title IX training.
Title IX law, the school said in its filing, “does not require ‘flawless investigations or perfect solutions.’”
It continued that Kehl “cannot succeed in her claim that Westminster [University] remained deliberately indifferent to her. She may not like the outcome reached, but her complaint fails to assert deliberate indifference.”
The school also argued that the alleged “hot seat” game happened once, was not “pervasive” and did not deny Kehl of educational opportunities. Westminster also claimed the decision to bench Kehl was not made by LeBlanc — and instead by another coach — and was based on another player performing better as goalkeeper.
On Tuesday, a spokesperson for the school issued a brief statement: “Westminster University is pleased the legal process resulted in a dismissal of the claim.”
