A federal judge has dismissed parts of the lawsuit against Central Michigan University and women’s basketball coach Sue Guevara, who was accused by former player Brooke Heike of ending a scholarship because the player is not a lesbian.

U.S. District Judge Thomas Ludington said Guevara and other university officials have immunity from such legal claims in their official capacity.

Though, Heike’s lawsuit was not fully dismissed. Ludington said he’ll still allow Heike to further argue that athletic director David Heeke was negligent in his hiring and supervision of Guevara. Heike can also elaborate on a defamation claim.

Heike, a junior who is still enrolled at CMU, lost her scholarship and left the team after the 2007-08 season.

Steve Smith, CMU’s director of Public Relations, said the university is pleased Ludington agreed with the university’s motion to dismiss significant portions of the Heike lawsuit.

“We will continue to vigorously defend ourselves against the remaining issues in this meritless lawsuit,” he said.

CMU’s argument is that it was because of her attitude and unwillingness to work hard, not discrimination of race, gender or sexual orientation.

In the lawsuit filed in February, Heike said Guevara told her she wore too much makeup and was not the coach’s “type.” Heike claims that meant she is not a lesbian.

Heike has “made numerous unfounded and salacious allegations” about “rather mundane facts,” CMU lawyers said in a court filing. She averaged less than one point per game.

Heike’s lawyer, Cindy Rhodes Victor, said today Heike is going to file a second lawsuit against CMU in state court, trying to get around the immunity issue. Victor said she still can pursue Guevara and Heeke in their personal capacities in federal court.

Guevara, Heeke and the attorneys could not be reached for comment Friday afternoon.

Check cm-life.com for more updates on this story.

E-mail the author: Jake May