Former Instructor Alleges Retaliation by University Over Disability Discrimination Opposition

John H. Wood Jr. Federal Courthouse
John H. Wood Jr. Federal Courthouse
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Mary Lynne Waller, a former Color Guard Instructor at a prestigious university, has taken legal action against her previous employer, alleging retaliation and discrimination. On November 24, 2025, Waller filed a complaint in the United States District Court for the Western District of Texas against The University of Texas at Austin. Her claims are rooted in events that transpired during her tenure with the university’s Longhorn Band program.

Waller’s journey began when she was instructed by two faculty members to exclude a student from participating in the color guard due to a prior medical leave related to a disability. Waller opposed this directive, citing it as discriminatory under the Americans with Disabilities Act (ADA), and allowed the student to join after they successfully auditioned. This decision marked the beginning of what Waller describes as retaliatory treatment from her supervisors. She faced communication blackouts, withdrawal of promised funding, and removal from leadership roles within the program. The situation escalated on April 7, 2025, when she was informed that her contract would not be renewed—a decision she believes was influenced by her stance against discrimination.

The complaint details how Waller continued her duties despite these challenges and even attempted to coordinate summer clinics without receiving further communication from her superiors. Her concerns were formally escalated on May 29, 2025, when she reported them to the UT Department of Investigation and Adjudication (DIA). Just days later, on June 3, 2025, she was formally terminated on allegations of financial misconduct related to costume fees—allegations she firmly denies as being pretextual.

Waller accuses The University of Texas at Austin of violating several federal laws designed to protect employees from retaliation and discrimination. These include Title VII of the Civil Rights Act of 1964, which prohibits retaliation against employees opposing discriminatory practices; Title I of the ADA; and Section 504 of the Rehabilitation Act of 1973. Each count in her complaint outlines how these statutes were allegedly breached through actions that undermined her professional standing and led to her eventual termination.

In seeking justice, Waller requests compensatory damages for emotional distress and reputational harm alongside reimbursement for legal fees amounting to approximately $4,000 incurred before litigation commenced. Additionally, she seeks institutional injunctive relief requiring reviews and mandatory training within the university’s band program to ensure compliance with nondiscrimination principles. She also demands corrections to her employment record and assurances against future retaliation should she participate in alumni or university-related events.

Representing herself pro se in this matter is Mary Lynne Waller without an attorney listed on record. The case is assigned under Civil Action No.: de 2 5 CV 01 9 19 with Judge Robert Pitman presiding over proceedings.

Source: 125cv1919_Mary_Lynne_Waller_v_The_University_of_Texas_Complaint_Western_District_of_Texas.pdf



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