A 4th District judge has denied a preliminary injunction that would allow a former Timpview High School varsity basketball coach to return to his job at the school.
Judge Cullen Y. Christensen ruled this week that it was unlikely Timothy Lewis would be able to show at trial that his resignation was involuntary.Lewis filed the civil suit against the Provo School District last month saying that he was forced by district officials to resign.
The suit says he was asked to resign last spring after a student asked him if she could retake a test, turn in a late book report and become his varsity statistician assistant. Lewis denied all the requests.
Lewis' suit says the student then left and told a friend that he had touched her in an inappropriate manner. Two days later, the student told school officials the story was fabricated, the suit says.
Christensen ruled that when Lewis tendered his resignation to the district on March 29 he did so voluntarily.
In the suit, Lewis said he was forced to resign because district officials gave him a choice of either resigning or being fired without a prior hearing.
Lewis' lawsuit against the district also says he should be reinstated as the basketball coach because he and his son, said to be one of the top players on the team, have enjoyed a unique father-son, coach-player relationship.