UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

SHALOM IFEANYI

c/o RITTGERS & RITTGERS

12 East Warren Street

Lebanon, Ohio 45036

Plaintiff,

-vMOLLY ALVEY 

c/o University of Cincinnati

2600 Clifton Avenue

Cincinnati, Ohio 45221

Individually and in her official capacity as 

Head Women’s Volleyball Coach at the 

University of Cincinnati

and

MAGGIE MCKINLEY

c/o University of Cincinnati

2600 Clifton Avenue

Cincinnati, Ohio 45221

Individually and in her official capacity as

Executive Senior Associate Athletic Director 

at the University of Cincinnati

And

UNIVERSITY OF CINCINNATI

2600 Clifton Avenue

Cincinnati, Ohio 45221

Defendants.

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Case No. 

Judge

COMPLAINT; JURY DEMAND 

ENDORSED HEREON

Now comes Plaintiff, Shalom Ifeanyi (“Plaintiff”), by and through counsel, and for her 

Complaint states as follows:

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PRELIMINARY STATEMENT

1. This civil rights action challenges Defendants’ unlawful and gender and racially 

discriminatory removal of Plaintiff from the University of Cincinnati women’s volleyball team 

because Plaintiff did not fit Defendant’s biased “image” of a University of Cincinnati volleyball 

player. Plaintiff brings these federal claims for racial/color discrimination, sex discrimination and 

harassment, and retaliation under 42 U.S.C. § 2000(e) et seq. and 42 U.S.C. § 1981 et seq. Plaintiff 

also brings racial/color discrimination, sex discrimination, and sexual harassment claims under 

Ohio law, R.C. 4112.02 as well as state law claims for intentional infliction of emotional distress 

caused by the actions of Defendants. 

PARTIES

2. Plaintiff is an individual currently residing in Dallas, Texas. 

3. Defendant Molly Alvey (“Alvey”), is and was at all times relevant to this action, 

the Head Women’s Volleyball Coach at the University of Cincinnati. Alvey is a “person” under 

42 U.S.C. § 1983 and at all times relevant to this case acted under color of law. She is sued in her

individual and official capacities.

4. Defendant Maggie McKinley (“McKinley”), is and was at all times relevant to this 

action, the Executive Senior Associate Athletic Director at the University of Cincinnati. McKinley

is a “person” under 42 U.S.C. § 1983 and at all times relevant to this case acted under color of law. 

She is sued in her individual and official capacities.

5. The University of Cincinnati (“UC”) is a recipient of federal funds under and a 

public university created by the Ohio legislature. UC has a principal place of business at 2600 

Clifton Avenue, Cincinnati, Ohio 45220. Under Ohio Revised Code 3361.01, UC’s Board of 

Trustees is the governing body of the university.

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JURISDICTION AND VENUE

6. This Court has jurisdiction over the dispute between the parties pursuant to 28 

U.S.C. §§ 1331 because Plaintiff’s civil causes of action arise under the Constitution and laws of 

the United States.

7. This Court also has jurisdiction of the supplemental state claims pursuant to 28 

U.S.C. § 1367.

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because this Court 

sits in the district where all of the Defendants reside and is also the district where the substantial 

part of the events or omissions in connection with Plaintiff’s claims arose. 

FACTS

9. Plaintiff has played competitive volleyball for most of her life. 

10. Beginning around the age of 14, Plaintiff began getting recruited by coaches to play 

college volleyball.

11. Because Plaintiff’s family did not have the financial means to afford a college 

education for Plaintiff without incurring significant debt, Plaintiff devoted very substantial 

amounts of time and energy in training to make herself eligible to participate in college athletic 

scholarship programs. 

12. As a result of those efforts, Plaintiff became a student-athlete coveted by college 

coaches because of her speed, power, strong build – similar to that of Serena Williams – and her 

ability to jump and “hit a heavy ball.” In the world of competitive volleyball, this means that 

Plaintiff had developed a powerful volleyball strike that makes it difficult for an opposing team to 

return, resulting in increased scoring opportunities and the all-important wins that sustain and 

improve the standing of college athletic programs.

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13. Alvey was one of the coaches who heavily recruited Plaintiff while she was in high 

school. 

14. At all times relevant to this Complaint, including while Alvey recruited Plaintiff,

Alvey was aware of Plaintiff’s strong build and her dark, African American complexion. 

15. In or around 2016, Plaintiff elected to attend Oregon State University on an athletic 

scholarship, but this did not end Alvey’s and UC’s interest in recruiting Plaintiff to their athletic 

program. 

16. Following the conclusion of the 2016 season, Plaintiff elected to explore transfer 

options to continue her college volleyball career, due in part to Alvey’s continued interest in 

Plaintiff. 

17. Alvey, again aware of Plaintiff’s strong build and dark, African American 

complexion, recruited Plaintiff heavily in hopes that she would attend UC beginning in January of 

2017.

18. Primarily in response to, and in reliance upon, the efforts of Alvey, Plaintiff 

accepted Alvey’s request to attend UC and enrolled as a student-athlete in or around January 2017.

19. In announcing Plaintiff’s addition to the women’s volleyball team through the UC’s

Athletic Department website, Alvey made this public statement about Plaintiff: 

We are very excited to add [Plaintiff] to our team. She has a very 

positive, upbeat personality and intense competitive spirit on the 

court. She will fit immediately into our program's culture. I expect 

[Plaintiff] to score points at the net with her fast arm. She hits a 

heavy ball and is working on developing multiple shots to her game.

20. Almost immediately upon her arrival on campus, Alvey began harassing and 

shaming Plaintiff about pictures she was posting on her personal social media accounts. 

21. The photographs Alvey took issue with all pictured Plaintiff fully clothed.

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22. Specifically, Alvey told Plaintiff that many of her photos were “too sexy.” 

23. Upon information and belief, no such requests were made to other members of the 

women’s volleyball team who were of slighter build and lighter complexion despite photographs 

picturing them in outfits, including but not limited to, two-piece swimsuits. 

24. Afraid of retaliation by Alvey, Plaintiff removed the photographs and began to 

simply post headshots on her social media profiles for some time thereafter.

25. From February 2017 until June of 2017, Plaintiff trained relentlessly to recover 

from knee surgery in preparation for the season. 

26. She missed no workouts, did extra rehabilitation work on her off days, and often 

asked Alvey and the training staff for additional workouts so should could become even more 

explosive on the court.

27. On or about June 19, 2017, Alvey and Plaintiff met in Alvey’s office to discuss 

Plaintiff’s rehab progress and her role on the team for the upcoming season. 

28. Near the end of the meeting, Alvey got up and closed to the door to her office. 

29. Alvey then demanded Plaintiff pull up her Instagram profile. 

30. Alvey thereafter pointed to a photograph of Plaintiff and demanded that she remove 

it from her profile. A copy of that photograph is attached hereto as Exhibit 1. 

31. Specifically, Alvey said to Plaintiff: “When the football players see this, what do 

you think they see? They see your breasts. It’s seductive.”

32. Alvey thereafter demanded that Plaintiff remove the photograph from her

Instagram profile while she was in her office. 

33. Fearful of retaliation and continued shaming from Alvey, Plaintiff complied with 

her request, deleted the photograph, and left the office. 

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34. On or about June 21, 2017, one day after Plaintiff’s 19th birthday, Plaintiff received 

the text messages attached as Exhibit 2 from Alvey.

35. In these text messages, Alvey again demanded that Plaintiff remove certain pictures 

from her Instagram account. 

36. Tired of the constant body shaming from Alvey, Plaintiff objected via text message 

to Alvey’s demand. A copy of Plaintiff’s response is attached as Exhibit 3. 

37. Alvey never responded to Plaintiff’s text message, but later acknowledged to 

Plaintiff that she received it. 

38. During the week of June 24, 2017, Plaintiff continued to train for the upcoming 

volleyball season and was awarded top performer of the week by the strength training coach. 

39. Despite that recognition, on or about June 29, 2017, Alvey called Plaintiff into her 

office and told her that she was dismissed from the team. 

40. The only explanation offered by Alvey was that she and Plaintiff “had different 

philosophies.” 

41. When Plaintiff asked if her dismissal had anything to do with her text response the 

prior week, Alvey indicated that she read it, but would not discuss it further and offered no other 

reason for this devastating action. 

42. McKinley was present during this June 29, 2017 meeting and agreed with Alvey’s 

dismissal of Plaintiff and the need for Plaintiff and UC to “part ways.” Like Alvey, McKinley 

offered no reason for the dismissal.

43. Plaintiff was thereafter advised to return her school issued apparel by the next day. 

44. She was later advised that she needed to remove all of her belongings from her 

athletic dorm room because Alvey was giving her room to another student-athlete. 

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45. Following Plaintiff’s unlawful dismissal from the women’s volleyball team, she 

filed a complaint with UC’s Title IX Office concerning the discriminatory actions of Alvey and 

McKinley. 

46. In the almost nine months since Plaintiff filed her complaint with the Title IX 

Office, UC has failed to complete its investigation of the allegations raised therein or to afford 

Plaintiff with any meaningful opportunity to appeal the decision to remove her from the team and 

to remove her scholarship. 

47. While Plaintiff has been able to remain on scholarship for the entirety of the 2017-

2018 academic year, she has been advised that based on her dismissal from the team, her

scholarship would not be renewed. 

48. Due to NCAA transfer rules and regulations, Plaintiff will not be able to play 

competitive volleyball for the 2018-2019 season, effectively ending any potential ability for 

Plaintiff to rely on an athletic scholarship for payment of tuition and related costs. 

49. Plaintiff has therefore been forced, without the benefit of an athletic scholarship, to 

enroll in another university to complete her undergraduate studies and has lost earning capacity 

due to the delay and disruption in her education. 

FIRST CAUSE OF ACTION

(Race/Color Discrimination – All Defendants)

50. Plaintiff incorporates her previous allegations as if fully rewritten herein and states 

further as follows. 

51. Defendants’ conduct constitutes unlawful disparate treatment on the basis of 

race/color in violation of, inter alia, 42 U.S.C. § 2000(e) et seq., 42 U.S.C. § 1981, and O.R.C. § 

4112.02.

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52. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship, will be forced to pay for the remainder of her college education on her 

own, and has lost earning capacity due to the delay and disruption in her education.

53. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression. 

SECOND CAUSE OF ACTION

(Sex Discrimination – All Defendants)

54. Plaintiff incorporates her previous allegations as if fully rewritten herein and states 

further as follows. 

55. Defendants’ conduct constitutes unlawful disparate treatment on the basis of sex in 

violation of, inter alia, 42 U.S.C. § 2000(e) et seq., 42 U.S.C. § 1981, O.R.C. § 4112.02.

56. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship, will be forced to pay for the remainder of her college education on her 

own, and has lost earning capacity due to the delay and disruption in her education. 

57. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression. 

THIRD CAUSE OF ACTION

(Sexual Harassment – All Defendants)

58. Plaintiff incorporates her previous allegations as if fully rewritten herein and states 

further as follows. 

59. Plaintiff is a member of a protected class as defined by state and federal law. 

60. Defendants’ body shaming and sex discrimination described herein constitutes 

unwelcome sexual harassment in violation of, inter alia, 42 U.S.C. § 2000(e) et seq., 42 U.S.C. § 

1981, O.R.C. § 4112.02. 

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61. Defendants’ conduct was based on Plaintiff’s sex. 

62. Defendants’ actions unreasonably created a hostile, offensive, or intimidating 

environment for Plaintiff while she was a student-athlete at UC. 

63. UC, by and through, Alvey and McKinley, was aware of the body shaming 

described herein but made no efforts to end it. 

64. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship, will be forced to pay for the remainder of her college education on her 

own, and has lost earning capacity due to the delay and disruption in her education. 

65. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression. 

FOURTH CAUSE OF ACTION

(Retaliation – All Defendants)

66. Plaintiff incorporates her previous allegations as if fully rewritten herein and states 

further as follows. 

67. Plaintiff’s objection to Alvey’s body shaming, racial discrimination, sex 

discrimination, and sexual harassment is protected activity as defined by 42 U.S.C. § 2000(e) et 

seq.

68. UC, by and through Alvey and McKinley, was aware of Plaintiff’s exercise of her 

protected rights. 

69. In response to Plaintiff’s exercise of her protected rights, UC, by and through Alvey 

and McKinley, dismissed Plaintiff from the women’s volleyball team and refused to renew her 

athletic scholarship. 

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70. Plaintiff’s dismissal from the volleyball team was a direct and proximate of result 

of her text message objecting to the discrimination and body-shaming she was subjected to by 

Alvey. 

71. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship, will be forced to pay for the remainder of her college education on her 

own, and has lost earning capacity due to the delay and disruption in her education. 

72. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression. 

FIFTH CAUSE OF ACTION

(Civil Conspiracy – All Defendants)

73. Plaintiff incorporates her previous allegations as if fully rewritten herein and states 

further as follows. 

74. Following Plaintiff’s objections to the discrimination and body-shaming she was 

being subjected to by Alvey. UC, by and through Alvey and McKinley, engaged in a concerted 

effort to remove Plaintiff from the women’s volleyball team in violation of 42 U.S.C. § 2000(e) et 

seq.

75. The concerted actions of Alvey and McKinley were unlawful.

76. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship, will be forced to pay for the remainder of her college education on her 

own, and has lost earning capacity due to the delay and disruption in her education.

77. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression. 

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SIXTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress – All Defendants)

78. Plaintiff incorporates her previous allegations as if fully rewritten herein.

79. Defendants intended to cause, or knew or should have known that their actions 

would result in serious emotional distress to Plaintiff.

80. Defendants’ conduct was so extreme and outrageous that it went beyond all 

possible bounds of decency and can be considered completely intolerable in a civilized 

community.

81. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship and will be forced to pay for the remainder of her college education on her 

own. 

82. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression.

SEVENTH CAUSE OF ACTION

(Denial of Due Process – 42 U.S.C. 1983)

83. Plaintiff incorporates her previous allegations as if fully rewritten herein. 

84. The acts of Alvey and McKinley represent official policy decisions of UC and are 

attributable to UC. 

85. At all times relevant to this Complaint, Plaintiff had a clearly established right to 

due process of law concerning her position of the women’s volleyball team and her athletic 

scholarship.

86. Plaintiff was not afforded an unbiased, careful, and deliberate review process 

either prior to her dismissal from the UC women’s volleyball team or following the notice of the

deprivation of her scholarship. 

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87. Defendants’ actions constitute a deliberate denial, under color of law, of 

plaintiff’s procedural due process rights as guaranteed by the Fourteenth Amendment to the U.S. 

Constitution. 

88. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiff has lost 

her athletic scholarship and will be forced to pay for the remainder of her college education on her 

own. 

89. Plaintiff has also incurred pain and suffering in the form of humiliation, frustration, 

aggravation, anger and depression.

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and 

severally, for compensatory damages, punitive damages, reasonable attorney fees, costs and all 

other relief to which she may be entitled. 

Respectfully Submitted, 

/s/ Ryan J. McGraw

Konrad Kircher (0059249)

Ryan J. McGraw (0089436)

RITTGERS & RITTGERS

12 East Warren Street

Lebanon, Ohio 45036

Tel: 513-932-2115

Fax: 513-934-2201

 konrad@rittgers.com

ryan@rittgers.com

Attorneys for Plaintiffs

Robert D. Martinez, Esq. 

Robert D. Martinez, PLLC

4201 Wingren Drive, Suite 108

Irving TX 75062

Tel: (214) 534-7808

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Fax: (214) 614-4629

Rmartinez@rdm-law.us

Co-Counsel for Plaintiff

Pro Hac Vice Motion Forthcoming

JURY DEMAND

Plaintiff hereby demands trial by a jury of her peers as to all issues so triable herein.

/s/ Ryan J. McGraw

_____________________________

Ryan J. McGraw (0089436)

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