John Naughton

jnaughton@dmreg.com

A former longtime Drake University athletic trainer has filed a complaint with the Iowa Civil Rights Commission that alleges he was wrongly fired due to a medical disability.

Scott Kerr, 61, who was the school’s head athletic trainer for 31 years, was terminated Sept. 2. The complaint, which was lodged against Drake and Director of Athletics Sandy Hatfield Clubb, was filed Tuesday by Des Moines attorneys Roxanne Conlin and Jerry Crawford on Kerr's behalf.

A statement from Drake read the school does not comment on personnel matters or issues pending before the Iowa Civil Rights Commission.

Kerr has medical issues that cause frequent and sudden urination — an enlarged prostate and a condition called neutrally mediated syncope that requires consuming large amounts of water, according to a press release from his attorneys. Kerr says he was working in a training room Aug. 29, cleaning out dirty coolers and dumping the rinse water into an empty tub when he had a sudden urge to urinate and knew he couldn't make it to the bathroom in time. He urinated into the tub, which he then scoured and cleaned.

Kerr later learned the incident was witnessed by someone, Crawford said.

Kerr self-reported the incident two days after it occurred, in a meeting with an associate athletic director, noting he planned to see a physician about his condition, according to a press release. A few minutes later, he was contacted by Hatfield Clubb and told to leave campus immediately, Kerr alleges.

On Sept. 1, Kerr met with Hatfield Clubb and a human resources representative, according to a press release. While Hatfield Clubb told Kerr that he was one of the best trainers she'd worked with, he was now "unfit." During the meeting, human resources representative Cindy Adams "pointed out that such a medical condition would be considered a disability and Drake could make accommodations," according to a press release.

Kerr said Hatfield Clubb told him that he should have wet his pants instead, something that she had done when she was at an airport and could not visit a bathroom.

Kerr also says he was asked after being fired if he would be willing to train his replacement for a four- to five-week period. He refused.

Kerr was diagnosed with neurally mediated syncope in 2010, according to a press release. The condition, which can be caused by standing on one's feet for long periods and dehydration, can result in fainting. He was required to drink large amounts of water. By this past summer, he also had an enlarged prostate, which combined with hydration triggered frequent and urgent urination. He later was diagnosed with an enlarged prostate and a spastic bladder, Crawford said. He was prescribed medication which has brought the condition under control.

Kerr's attorneys attempted to negotiate to have him reinstated.

"We gave them lots of opportunities to reconsider this and they refused to do that," Conlin said.

Drake has approximately 375 student athletes for 16 varsity athletic teams, and Kerr treated thousands of athletes and people associated with Drake during his career. He never had a bad job review and went 13 years without missing a single football or basketball game, Crawford said. When he did miss an event in 1998, it was because he was donating bone marrow to a 17-year-old girl at the University of Iowa Hospitals and Clinics in Iowa City, according to a press release.

Kerr, who said he was awarded one month of severance pay, seeks reinstatement of his job and lost wages.

Following review by the Iowa Civil Rights Commission, attorneys can request a right-to-sue letter and proceed with litigation, according to a press release from the attorneys.