Ohio Man With Down Syndrome Sues School Over Alleged Discrimination

By BERT HOOVER First Posted: May 16, 2023 05:17 AM EDT

An Ohio man with Down syndrome is suing a school, its president, and several employees over alleged discrimination.

According to Fox 8, Caden Cox, the first person with Down syndrome to play and score a point in a college football game, alleged that he was the target of disability discrimination, retaliation, and assault during his time at Hocking College.

Aside from seeking compensatory and punitive damages, Cox wanted the community college to make a change to its anti-harassment policies. The college in Nelsonville has yet to comment on the ongoing litigation.

The lawsuit alleged that Cox's former supervisor Matthew Kmosko at the school's student recreation center where he previously worked, subjected him to "persistent derogatory, discriminatory, and abusive verbal harassment," which was also directed to other student workers.

Cox claimed that the harassment culminated in May 2022 when the supervisor threatened him with a knife in the locker room. The supervisor resigned and was found guilty of menacing in a local court.

According to the lawsuit, the college failed to conduct a background check on the supervisor before hiring him and ignored concerns about harassment and discrimination raised by Cox and other students.

Cox and his parents filed a written complaint with college President Betty Young in December.

Supervisor Who Harassed the Ohio Man With Down Syndrome Had a History of Violent Behavior

In the recent lawsuit, it is alleged that Matthew Kmosko, a former employee of the school, exhibited a pattern of aggressive behavior, for which the school failed to conduct a proper background check before his hiring.

The lawsuit further claimed that Kmosko received poor performance evaluations and that three other student employees had filed complaints of harassment against him, according to SandhillsExpress.

Specific allegations against Kmosko include sending explicit text messages about drug use and his personal life to one of his employees and insulting individuals with disabilities.

According to Cox, Kmosko constantly made derogatory comments, degraded his abilities, and berated him often in front of others. The complaint further noted that the former supervisor unlawfully accessed Cox's phone without authorization on multiple occasions and even requested hugs from him.

Cox also received threatening texts and experienced intimidating behavior, including Kmosko giving him menacing looks. In support of their case, Cox's legal team has presented evidence showcasing his history of complaints to the university.

They also claimed to possess security footage demonstrating Kmosko entering and exiting a restroom while carrying a knife.

Cox alleged that during one incident, Kmosko physically blocked his exit, aggressively demanded that he change the trash, and brandished a black-handled, silver knife, positioning it towards Cox's chest.

Following a report filed by Cox's family, Kmosko was charged with menacing by the police. However, the school did not immediately terminate him. It was only after he was banned from the campus that Kmosko resigned more than a week later.

College President Strips 2 Awards Ohio Man Supposed to Receive Following Complaint

In November 2022, the lawsuit noted that a college committee recognized Caden Cox with multiple awards, including the Inspirational Award, Scholar-Athlete Award, and Hocking College Trustee Award.

These awards were stated in the program sent for printing, CNN reported. Cox notified the college administration of his legal representation and provided a letter outlining the allegations of discrimination, harassment, and assault in early December 2022.

When Cox's father, Kevin Cox, who is also a college employee, visited the campus on December 9, 2022, to make arrangements for the graduation ceremony, he noticed that two of the three awards his son was supposed to receive were omitted from the printed programs.

According to the complaint, no rule prohibits students from accepting multiple awards. Cox reportedly spoke with the vice president's assistant, who confirmed that the vice president of student affairs had requested the change by contacting the printing company.

According to the lawsuit, the Ohio man attended the graduation ceremony and received the Inspirational Award but still needs to receive the other two awards as initially announced.

This article is owned by Latin Post.

Written by: Bert Hoover

WATCH: Caden Cox Makes History as the First Player With Down Syndrome to Score in a College Football Game - From ESPN College Football