Former St. Edward's University basketball player sues school for toxic mold exposure

TRAVIS COUNTY, Texas (KXAN) — A former student athlete at St. Edward's University sued the school in Travis County Court District Court on Monday, claiming that the school failed to protect her from dangerously high concentrations of mold in her university-owned housing.

KXAN asked the school for its response to the lawsuit Tuesday morning. If a response is received, we'll update this story.

The plaintiff, Ainsley Thunell, had a full athletic scholarship to play on the St. Edward's women's basketball team from 2021 to 2024. She received a "Servant-Leadership Award" from the school in May for leadership on and off the court, according to a press release.

"Leadership is influence and servant-leadership is prioritizing the needs of others over personal gain, and that summarizes Ainsley," said J.J. Riehl, the team's head coach, in the release. "She uses her influence to take care of the team, sometimes at the expense of stats and her physical and mental health. We always say leave a place better than you found it, and she did that through her service and her love."

As part of her scholarship, Thunell was assigned to live at an apartment on Woodward Street in Austin, according to the lawsuit. However, health complications allegedly caused by that unit prevented her from completing her degree, according to a spokesperson for Thunell.

Attorneys with the firm Just Well Law represent her in the litigation.

"Despite numerous complaints of water damage, visible mold, and declining health, the University failed to obtain a licensed mold inspection or implement lawful remediation procedures," her attorneys wrote. "Ultimately, independent investigations revealed the apartment was contaminated with hazardous mold ... and was unfit for human habitation."

The lawsuit claims that Thunell started to suffer from "escalating health problems" soon after she moved into the apartment. Those included "recurring respiratory infections, hair loss, fatigue, dry eyes and mouth, skin irritation, and neurological issues." She was eventually diagnosed with Sjogren and Reynaud Syndromes, both of which are autoimmune diseases, the lawsuit states.

After diagnosing Thunell with Sjogren’s Syndrome in the fall of 2024, her medical providers suggested environmental testing of her apartment.

"In early November 2024, after submitting a maintenance request regarding mold concerns, university staff responded by spraying chemicals into the HVAC system and painting over visible mold, measures that did not constitute professional remediation," the lawsuit states.

Per the filing, Thunell lost trust in the property's management and "evacuated" the apartment in November 2024. She hired a third-party company to test for mold a week later.

"Testing revealed visible mold growth on HVAC vents and statistically elevated airborne mold spore counts in the southwest bedroom. The air sample from her bedroom revealed 9,930 spores/m³ compared to only 1,973 spores/m³ in the outdoor control sample," the lawsuit states.

According to Thunell's spokesperson, she had to find alternative housing during this time at her own expense. When another unit was provided, the school allegedly refused to have independent testing of the newly assigned housing.

In January 2025, the school asked Thunell to remove her belongings from the other apartment. While attempting to comply, she "experienced a medical flare-up that required emergency treatment."

The next month, Thunell hired another company to test her old apartment for mold. According to the lawsuit, its tests allegedly found "concentrations of Aspergillus/Penicillium (2,016 spores/m³) and Cladosporium (253,440 spores/m³)" under the apartment's kitchen sink. That inspection also allegedly found mold growth in the HVAC system, the bathroom, in the walls and in cabinets.

"She was later forced to abandon all of her personal belongings due to contamination, resulting in financial loss and displacement," the filing states. "Since moving out of the apartment, the health and well-being of Ainsley Thunell has substantially improved, but she continues to pursue recovery."

The lawsuit asks for a judgement awarding Thunell with damages of at least $1 million for injuries allegedly caused by the university's "negligence," "intentional conduct" and "deceptive trade practices."