A former Penn State men’s basketball player has filed a lawsuit claiming he was subjected to unfair and retaliatory treatment before and after his dismissal from the Nittany Lion program in 2024.
Kanye Clary, a starting guard who was removed from the team last February, alleges he faced a hostile environment after “calling out the injustices he witnessed,” had has name, image and likeness used by the university without just compensation and was dismissed on false grounds.
The lawsuit names as defendants the university, coach Mike Rhoades, Penn State NIL collective Happy Valley United, former collective Success With Honor, Blueprint Sports and Entertainment and 10 unnamed individuals and corporations associated with the school.
“Beginning in December of 2023, [Clary] was allegedly a victim of intimidation, retaliation, slander, illegal of use of his Name, Image and Likeness (NIL) and ultimately suspension from the basketball team as purported retribution for speaking out against various, alleged injustices that the players have faced from the coaching staff,” Clary’s attorney, Michael Katz, wrote in the 20-page complaint.
The case was originally filed in November in Philadelphia County, but was transferred to the U.S. Middle District Court of Pennsylvania on Tuesday. Penn State and Rhoades disputed the claims and filed a motion to dismiss.
Clary, who stayed at Penn State after former coach Micah Shrewsberry’s departure in the spring of 2024, claims he had no problems with the team or in classes prior to Rhoades arrival. A team captain, Clary says that after he voiced concerns that “leniency was shown toward many players who violated team rules and were never reprimanded,” he “began to receive unfair treatment and targeting from the coaches,” including Rhoades.
He alleges that Penn State and the NIL collectives were using his name, image and likeness for marketing even though he had no NIL agreement. After his family contacted Rhoades about the matter in January 2024, according to the complaint, Clary received a contract from Blueprint acting on behalf of Happy Valley United.
“The contract would have paid Kanye much less than he was due,” Katz wrote, and Clary refused to sign it.
Clary claims the retaliation against him escalated at that point and the athletic department did not respond to his concerns.
“The close relationship between the athletic department and Coach Rhoades compromised the athletic department’s ability to fairly protect athletes from the staff’s corrupt nature,” Katz wrote.
When Clary sustained a concussion, he alleges he was “provided a low level of care and treatment” and that Rhoades “used this injury to find ways to further punish” him.
He was suspended and ultimately dismissed on Feb. 19, 2024 after leading the team with 16.7 points per game in 23 contests. The lawsuit claims that Clary was dismissed “on unfounded and meritless grounds.” He says his father, Anthony, had been informed by Penn State legal counsel that she advised Rhoades “not to make any judgments until she had a chance to review all sides,” but that Rhoades removed him from the team anyway.
Rhoades did not give a reason for the separation at the time, saying during a press conference that it was a “coach’s decision.”
The lawsuit alleges that Rhoades “spread a false narrative” that Clary missed and was failing classes and that Clary was going to leave Penn State because he refused to sign an NIL agreement.
“The slander [negatively affected] Kanye’s ability to find a school of his liking because it created a false stigma that he was a problem student at PSU whereas he was simply
doing his job as captain and calling out the injustices he witnessed and experienced,” Katz wrote. “This false narrative came into play at every subsequent school that Kanye visited and became the topic of every meeting, which made multiple teams decide not to sign him.”
Clary further claims that Penn State did not enter his documentation correctly into the transfer portal system, making it difficult for other coaches to contact him. Clary eventually landed at Mississippi State, where he missed most of the 2024-25 season due to a leg injury.
Other players also overhead coaches “making derogatory statements about Kanye behind his back,” according to the complaint.
The actions led to Clary being faced with “a hostile environment that created an onslaught of cyber bullying, depression, ostracizing, limitation on use of facilities, damage to reputation, and financial loss,” Katz wrote.
Clary’s lawsuit is seeking unspecified damages for claims of defamation, unreasonable restraint of trade and unjust enrichment. He agreed to voluntarily dismiss a claim of racial discrimination, according to court documents.
Penn State has sought to dismiss the case, writing in a motion that Clary’s “vague and scattershot” complaint provides no basis for the claims. A judge has yet to rule on the motion.
