In legal arguments filed in federal court yesterday, Penn State women's basketball coach Rene Portland, Athletic Director Tim Curley and the university supported their motion to dismiss the discrimination lawsuit of former Lady Lion Jen Harris.

Among the claims for dismissal is that Portland was not required to renew Harris' scholarship based on the fact that "the agreement does not specify that there must be cause shown for any non-renewal of grant-in-aid," according to court documents.

Harris' lawsuit, filed on Dec. 21, alleges Portland discriminated against her on the basis of gender, race and sexual orientation. Among the accusations is that Portland used anti-lesbian bias in removing Harris from the team, while also criticizing her appearance as not "feminine enough."

Representation for Portland, Curley and the university filed for a motion to dismiss the case with the Federal Middle District Court of Pennsylvania in Harrisburg on Jan. 26.

Jack Stover, Portland's lawyer, did not return phone calls requesting comment. Jim Horne, who took over as attorney for Curley and the university in place of Penn State attorney Wendell Courtney, confirmed that the legal argument was due to the court by e-mail.

"As to discussing that response, I do not feel it appropriate to do so when the matter is in the process of being considered by the Court," Horne said in an e-mail message.

Penn State spokesman Bill Mahon said there was no specific reason the switch of representation was made and that both attorneys work for the same law firm.

The motion to dismiss describes the application of discrimination in revoking a scholarship as "outside the realm of contracts protected by the due process provisions of the Fourteenth Amendment."

Mahon said the university could not comment directly about points of the legal response.

"We're in the middle of an internal investigation," Mahon said. "There are some elements that are legally insufficient that we are asking to be dismissed."

The document asks for Curley to have qualified immunity in various counts, stating that government officials are usually protected from liability for civil damages.

Karen Doering, Harris' attorney, had seen the legal argument presented by Curley and the university and is preparing a legal response. She said she does not know when she will file the response.

"These are just technical legal arguments," Doering said. "It's safe to say that we feel very confident in our claims moving forward."

The first case management meeting with the court has been set for March 2, which is the day after the Lady Lions will most likely play their first game in the Big Ten Tournament. Originally the court date was scheduled for Feb. 28 but was delayed by the court. According to Doering, this action was in no way an accommodation for either the defendants or the plaintiff.

Prior to the lawsuit, Portland responded to the Harris' allegations by releasing a statement on Oct. 14.

"Let me make absolutely clear that the only reason Jennifer Harris is no longer with the Lady Lions is because of her performance and attitude in relation to basketball," Portland said in a press release.

Harris then sought defamation claims against Portland for her personal statement. The defendant's motion to dismiss asks for these counts against Portland to be dropped, stating the release did not rise to the level of defamation.