Caden Cox, a trailblazing athlete with Down syndrome, made history in 2021 as the first known player with Down syndrome to participate in and score during a college football game while studying at Hocking College. However, two years later, the 23-year-old is taking legal action against his alma mater, alleging discrimination, assault, and harassment that he endured as a student. The lawsuit claims that when Cox reported the behavior to school administrators, he faced retaliation.
During his time at Hocking College in Nelsonville, Ohio, Cox served as both a student athlete and an employee at the student recreation center. According to the lawsuit, his supervisor, Matthew Kmosko, subjected him to consistent abusive, derogatory, and inappropriate comments, including derogatory slurs targeting individuals with Down syndrome. Kmosko also demeaned Cox’s abilities, frequently berated and yelled at him, often in front of other co-workers. The lawsuit further alleges that Kmosko violated Cox’s privacy by taking his phone and searching through it without permission.
Cox’s family never anticipated having to file a lawsuit against a school that had been a significant part of their lives. Cox’s mother, Mari Cox, stated that their complaints to administrators yielded no results. She expressed hope that the lawsuit would bring about a change in how harassment is addressed for all vulnerable students at the institution.
The lawsuit, filed on Thursday, names the college’s board of trustees, President Betty Young, Matthew Kmosko, and unnamed Hocking employees as defendants. It claims that Caden Cox experienced discrimination based on his disability, which violates the federal Americans with Disabilities Act and state anti-discrimination law.
Hocking College and its board have stated that they will cooperate with the investigation but will not comment on ongoing litigation. The college emphasizes its commitment to promoting student success and economic development in the region.
Matthew Kmosko was hired as a coordinator of the student center and campus recreation, as well as a soccer coach at Hocking College in July 2021, according to the lawsuit. The suit alleges that Kmosko’s abusive behavior began a few months after his hiring and culminated in May 2022 when he held Cox at knifepoint during a shift. The lawsuit describes an incident in which Kmosko physically blocked Cox’s exit from a men’s bathroom, yelled at him while pointing a knife at his chest, and was subsequently charged and found guilty of a misdemeanor offense in court.
The lawsuit also alleges that the school administration failed to protect Cox despite being aware of Kmosko’s abuse and harassment following multiple reports. Written complaints regarding Kmosko’s behavior were submitted to the Hocking College Human Resources Department by Mari Cox in July 2021 and through an email in January 2022.
While Cox received recognition and awards from a college committee, the lawsuit claims that the programs for graduation omitted his name as the recipient of two out of three awards he was slated to receive. The lawsuit asserts that no policy was in place stating that students could only receive one award. Cox ultimately participated in graduation and received the Inspirational Award, but the two other awards were not presented to him.
The lawsuit seeks a jury trial and requests both punitive and compensatory damages. Additionally, it asks the university to establish and enforce policies that protect students from harassment, abuse, and discrimination. Following his graduation, Cox pursued a football-related internship at Texas A&M University, where his older brother works as a strength coach. He has plans to attend an Ohio State University program for individuals with intellectual and developmental disabilities later this year.
