AUSTIN, Texas -- The University of Texas recently asked the state Supreme Court to block a sex and race discrimination lawsuit filed by former womens track coach Bev Kearney, who was forced out in 2013 after the school learned about a romantic relationship with one of her athletes a decade earlier.University lawyers argued in an Aug. 26 filing that Kearney hasnt shown she was treated differently than someone in a similar position, and that allowing the case to continue would rewrite the standards for when state agencies could be sued. Two lower courts have allowed Kearneys case to proceed.Kearney sued in 2014, arguing that as a black woman, she was held to a tougher standard than a white male coach or other school officials who she alleges were in relationships with subordinates.Shortly after she resigned under pressure of being fired, Texas revealed that former assistant football coach Major Applewhite was reprimanded, but not fired, for a relationship with a female student trainer on a 2009 bowl trip. Applewhite was later promoted and given pay raises. He stayed on the Texas staff until head coach Mack Brown was forced out after the 2013 season. Applewhite is now the offensive coordinator at the University of Houston.The state Supreme Court has not yet decided whether it will consider the universitys appeal.The case has potentially exposed UT to years of defensive litigation in a case where the pleadings have failed the most minimal tests imposed by law, university lawyers wrote in their appeal. If Kearney was in fact the victim of the discrimination she claims, it would not be difficult for her to identify similarly situated employees treated differently from her.University lawyers argued Kearney hasnt shown how any of the alleged relationships raises in her lawsuit were comparable in seriousness to Kearneys conduct.Texas officials insist Kearney crossed the line of behavior for a coach and that it acted appropriately in forcing her out.Kearneys lawyers, who declined immediate comment Wednesday, have said they will pursue witness statements from some former and current Texas coaches and administrators who supervised Kearney or Applewhite, including Brown, former president Bill Powers, former mens athletic director DeLoss Dodds and current womens athletic director Chris Plonsky.All evidence-gathering and witness interviews have been on hold since Texas pushed the case into the appeals courts in 2014.Applewhite is the only witness deposed so far. 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Liam Messam has suffered his second selection blow in the space of a fortnight, told he is ineligible to play for the Chiefs in the Super Rugby playoffs.SANZAAR informed the Chiefs they cant field the 43-Test All Blacks flanker in the knockout phase as he hasnt played enough regular season games.The ruling was made hours before the 25-man Chiefs squad were to begin their travel to Cape Town, where they face the Stormers in a quarter-final on Saturday.Messam has been replaced in the squad by flanker Tevita Koloamatangi, who hasnt played a game this year.Under SANZAAR rules, Messam needed to have played four games to be eligible as he wasnt included in their initial season squad of 40.The Chiefs sought dispensation because of a high injury toll to their loose forwards but SANZAAR declined, deeming they had enough players available to them.Messam, 32, had dedicated his season to Sevens rugby, seeking an Olympic berth.He missed selection this month and immediately re-joined the team he had represented a record 144 times, coming off the bench against the Reds iin Brisbane and then starting in Saturdays 25-15 loss to the Highlanders.ddddddddddddessam was philosophical with his reaction on Twitter.Sometimes its just not meant to be. They say when life gives you lemons turn it into lemonade.Meanwhile, two-Test All Blacks centre Seta Tamanivalu has been ruled out of the trip with a knee injury suffered during the loss in Dunedin. He could yet be available for the semifinals if the Chiefs advance.It puts pressure on the midfield, with little-used Sam Vaka a contender to start at centre.Chiefs travelling squad:Backs: Damian McKenzie, Shaun Stevenson, Toni Pulu, Sam Vaka, Sam McNichol, James Lowe, Anton Lienert-Brown, Aaron Cruden, Stephen Donald, Tawera Kerr-Barlow, Brad Weber.Forwards: Tom Sanders, Tevita Koloamatagi, Sam Cane, Lachlan Boshier, Taleni Seu, Brodie Retallick, Dominic Bird, Atu Moli, Siegfried Fisiihoi, Siate Tokolahi, Kane Hames, Mitchell Graham, Hika Elliot, Nathan Harris. 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