U.S. District Judge Joy Flowers Conti denied reinstatement to a former member of the… U.S. District Judge Joy Flowers Conti denied reinstatement to a former member of the women’s swimming and diving team, citing the swimmer’s prior actions that were detrimental to the team.

This means the swimmer will not be allowed to rejoin the squad this year while her sexual harassment suit against the University proceeds through court, according to Vice Chancellor for Public Affairs Robert Hill.

Kristina DeWitt is a 21-year-old junior from Houston majoring in communications, according to Pitt’s Web site. She said in the affidavit that she was dismissed from the swim team April 11 for raising concerns about the appointment of her ex-boyfriend, a former Pitt swimmer whom she accused of sexual harassment, to assistant coach for the women’s swim team.

According to DeWitt’s testimony, Max Von Bodungen began stalking and harassing her after their breakup last winter.

DeWitt said she protested Von Bodungen’s appointment to assistant coach when she learned of it last spring, according to her testimony. DeWitt said in the court affidavit that at a meeting on April 5, swim coach Chuck Knoles called her a “boozer” and suspended her.

DeWitt also testified that she circulated a petition to protest Von Bodungen after her suspension, and added that when Knoles learned of this, he dismissed her from the team and revoked her scholarship April 11.

But according to Hill, Knoles dismissed DeWitt because of actions detrimental to the team. According to testimony of Knoles and the University, DeWitt came to school in August 2001 out of shape and started a clique on the team that promoted “slacking off” during training in which team members started writing “CA,” which stands for “College Aquatics,” on their arms.

In Knoles’ testimony, he also cited the petition and the fact that DeWitt broke into Von Bodungen’s apartment to reclaim her items as reasons for her dismissal.

According to the court affidavit, DeWitt’s attorney said the case falls into the category of sexual discrimination under Title IX, a law passed in 1972 mandating gender equality in educational programs receiving federal funding.

Hill said the removal of DeWitt from the swim team affirmed the University’s commitment to gender equality under Title IX, and that “the University does not discriminate in violation of Title IX.”

Von Bodungen, Knoles and athletics director Steve Pederson are defendants in the suit against the University, according to Hill and the court records.

Pederson could not be reached for comment, and Knoles deferred any comments “regarding the litigation with the University or any statements from the University,” to Hill.

“The coaching staff will not make any statements,” Knoles said.

Hill said the University supports the coach’s decision to remove DeWitt from the team based on the “rules and regulations of the University’s athletics department.”

“We are pleased that the judge denied an injunction and feel that the swim team can now move on and have a banner year,” Hill said.

According to Brad Cuprik, a University media relations representative, Von Bodungen never became an assistant coach with the women’s swim team, but he now serves as a student manager.