Former University of Akron basketball player Mark Kostelac filed a lawsuit against the university and head coach John Groce this month following a fight during a team practice that left him requiring surgery.
Kostelac's suit, filed in the Ohio Court of Claims, accuses the university of "failing to remedy the discriminatory, hostile environment" on the team, and that the failure to address the issue led to his injuries.
Kostelac alleges he suffered discrimination because he is white and the majority of members of the team were black. He also alleges he was targeted for his religion because he is Catholic.
"Namely, Defendants Groce and The University of Akron allowed African American members of the team to actively discriminate against the few Caucasian members of the team on the bases of race and religion," the suit said. "As a result of Defendants Groce and The University of Akron's failure to take remedial action against this discriminatory behavior, a hostile and unsafe environment was created for Caucasian members of the men's basketball team."
"The University of Akron is committed to fostering an environment of inclusion for all students," a university spokeswoman said in a prepared statement. "We became aware of this filing earlier in the week and are working with the Attorney General's Office to address it."
The lawsuit cites "severe emotional distress" but does not specify the amount of damages sought.
Kostelac's attorney, John P. O'Neil, said he did not have further comment on the case.
Kostelac's former teammate, Khadim Gueye, pleaded guilty in February to assault, a first-degree misdemeanor, as a result of the December incident. He received a 180-day suspended jail sentence, six months of probation and was ordered to participate in an anger-management program in Tampa, where he moved following the incident.
According to the police report, Gueye "struck the victim multiple times unprovoked while the victim was not looking."
According to the lawsuit, Kostelac was knocked to the ground and was bleeding from both of his nostrils, his cheek and his mouth. He had several teeth broken off and had an exposed nerve on one of his front teeth.
The suit alleges the school failed to care properly for his injuries, allowing him to drive home an hour to Chardon, where an emergency dentist sent him to Hillcrest Hospital, a trauma center.
A CAT scan revealed fractured nasal bones and serious injuries to his teeth, and he underwent surgery a few months later to "repair his fractured nasal bones and re-establish a clear airway."
"After his nose is fully repaired, Plaintiff will have to undergo significant dental work which will require treatment throughout the duration of his life," the lawsuit said.
Kostelac sat out the remainder of the 2018-19 season and transferred this year to Walsh University.
A hearing date has not been set in the case, which was filed Oct. 17.
