LOS ANGELES (CNS) — USC wide receiver Bru McCoy is asking a judge to set aside the school's July 28 indefinite emergency order removing him from campus four days after a felony domestic violence arrest.
McCoy's petition, filed Monday in Los Angeles Superior Court, alleges that the university has presented no evidence or showing that support the existence of an emergency or that McCoy poses an immediate threat to the physical health or safety of anyone.
A USC representative did not immediately reply to a request for comment on the petition, which alleges the school's decision to maintain the emergency removal and indefinite interim suspension is "arbitrary and capricious."
The Los Angeles District Attorney's office on Aug. 25 declined to file any criminal charges against McCoy, citing insufficient evidence. He remains suspended from all team activities and it is uncertain when and if he will return to the team.
In addition to USC, other respondents named in the suit are Winston B. Crisp, vice president for student affairs, who is delegated responsibility by USC for the investigation, response and resolution of reports made under USC's Student Conduct Code; and Catherine Spear, vice president and Title IX office director. She is responsible for prosecuting the complaint against McCoy on behalf of his accuser, who is identified in the petition only as Jane Roe.
Roe and the 21-year-old McCoy met when they were in high school, dated periodically and have had an on-and-off relationship since, the petition states. Roe is unaffiliated with USC, the alleged conduct occurred off campus and it was unconnected with any USC activity or program, according to McCoy's court papers.
On Aug. 5, Crisp denied McCoy's appeal of the emergency removal, stating only that the "identified factors fully support the university's decision ... that you pose an immediate threat and that an emergency removal is justified," the petition states.
However, Crisp provided no facts to support the conclusion and "no reasonable person could believe that (McCoy's) presence posed an immediate threat to physical safety or that any emergency exists to justify maintaining the emergency removal," according to the petition.
McCoy was a redshirt freshman last season when he caught 21 passes for 236 yards and two touchdowns in six games. Team officials hoped he would be an important part of the Trojan offense this season.
McCoy graduated from Mater Dei High School in Santa Ana. Shortly after enrolling at USC in the spring of 2019 as the nation's No. 1-ranked athlete in his recruiting class, McCoy transferred to the University of Texas because he felt betrayed by Kliff Kingsbury, the Trojans' offensive coordinator, who departed USC to be the head coach for the Arizona Cardinals.
McCoy participated in spring practice in 2019 with the Longhorns before transferring back to USC in June of that year, but he did not make his college football debut until 2020.