Kenny and Evan’s The Challenge Lawsuit: Cooley Claims and Bans

The Kenny and Evan Challenge lawsuit refers to a 2011 civil suit filed by former MTV cast member Tonya Cooley against Kenny Santucci, Evan Starkman, MTV Networks, and Bunim/Murray Productions, alleging that Santucci and Starkman sexually assaulted her with a toothbrush while she was unconscious during the 2009 filming of The Challenge: The Ruins in Thailand. The case settled out of court in October 2012 on undisclosed terms, and all three cast members were permanently banned from the franchise.

What Cooley Alleged Happened During Filming

The Ruins was filmed in Phuket, Thailand, in the spring of 2009, with cast members from MTV’s Real World and Road Rules franchises housed together and filmed around the clock. According to Cooley’s complaint, roughly eight days into filming a male cast member pulled off her bikini top at the pool and threw it into a tree. That evening, Santucci and Starkman allegedly squirted lotion on her head and threw baby powder in her face as she tried to climb into her bunk, blocking her while she told them to stop.¹

Cooley later passed out from intoxication. The complaint alleged that Santucci and Starkman slapped her face trying to wake her, and female cast members also tried without success. The two men then allegedly took another male participant’s toothbrush and used it to rub Cooley’s genitals and penetrate her vagina.²

Cooley said she was not told what had happened. She learned of the alleged assault later from other female cast members. The next morning she noticed vaginal soreness and abrasions on her labia, which she initially attributed to the show’s physical challenges.¹

The Claims Against MTV and Bunim/Murray

Cooley’s suit went beyond the two men. She alleged that the assault happened in an area covered by cameras and in the presence of other cast members, meaning producers knew in real time and did nothing. She further claimed that production staff gave the men a replacement toothbrush the next morning, allegedly aware of what the original had been used for.²

Her complaint described a broader environment. It alleged that Bunim/Murray supplied “unlimited alcoholic beverages while providing limited amounts of food” to encourage “scandalous behavior” that would boost ratings, and that cast members who acted outrageously were rewarded with more screen time, higher pay, and leadership roles on future seasons. Cooley said that when she raised concerns about male cast members forcibly removing women’s bathing suits and unwanted touching, producers told her to “just deal with it.”³

On or about May 15, 2009, Cooley was removed from the show after she slapped another cast member. She called this retaliatory, noting that her alleged assailants faced no discipline and returned in leadership roles on later seasons.²

The formal complaint was filed on October 27, 2011, in Los Angeles Superior Court, one day before the statute of limitations would have expired. Represented by attorney Pamela McKibbin, Cooley named four defendants and brought 14 causes of action, including assault, battery, sexual battery, wrongful termination, sexual harassment, discrimination, retaliation, violations of California’s Fair Employment and Housing Act and the Unruh Act, intentional infliction of emotional distress, and negligence. She sought punitive damages.⁴

How MTV and Bunim/Murray Responded

Viacom, MTV’s parent company, defended the suit aggressively. Its filings argued that Cooley “failed to avail herself of VMN’s policies and complaint procedures,” pointing to the network’s “open-door policy,” and asserted that she “failed to avoid the injuries of which she complains.”³

Viacom’s response also characterized Cooley’s behavior on set in pointed terms, describing her as “frequently intoxicated (to an extent far greater than other contestants), rowdy, combative, flirtatious and on multiple occasions intentionally exposed her bare breasts and genitalia to other contestants.”⁵ The network raised affirmative defenses including assumption of risk, consent, waiver, and release, disputed that Cooley was an employee, and challenged the Los Angeles court’s jurisdiction over a non-California resident regarding events that occurred overseas.³

Bunim/Murray said a “thorough investigation” led it to conclude that Cooley’s claims were “completely baseless,” and argued that she had been removed from the show for a legitimate business reason because she “violently struck another contestant.”⁶

How the Case Ended

The case never went to trial. In October 2012, the parties told the judge they had reached a resolution and asked for time to finalize the paperwork.⁶ The settlement terms were not disclosed.³ The parties have been described as legally barred from discussing the alleged incident publicly.⁷

The Bans and What Kenny and Evan Have Said Since

Cooley, Santucci, and Starkman were all permanently banned from The Challenge after the lawsuit and settlement.⁸ Neither Santucci nor Starkman has appeared on the series since the suit was filed in 2011. For both men, Rivals, which aired in 2011, was their last season.⁹

Both men have denied the allegations. In a January 2017 podcast appearance on No Quitters, Santucci and Starkman maintained their denial but said they were legally restricted from discussing specifics, and Santucci attributed his prior silence to legal counsel provided by MTV’s attorneys.⁹

In March 2026, Santucci spoke at greater length on the Rare in NY podcast. He again denied the allegations, saying “this didn’t happen,” and expressed frustration at not being able to clear his name publicly. He said being dropped by MTV sent him into a “dark spiral” that included suicidal thoughts. Santucci claimed he had wanted the case to go to trial and that MTV and the producers chose to settle because it was “cheaper and faster.” He did not name Cooley or describe the specifics of the alleged incident, saying he was not legally permitted to do so.¹⁰

Where Kenny and Evan Are Now

Santucci has built a career in fitness. He created Strong New York, a health and wellness event series that has raised money for organizations including the Alzheimer’s Awareness Foundation and the Breast Cancer Research Foundation, and he works as a trainer and fitness consultant with brand partnerships including Michelob Ultra and Reebok. His work has been featured in Men’s Health and Shape.¹¹

Starkman moved into experiential marketing. He founded an agency called The Bait Shoppe in 2012 and remains its president. In 2024, BizBash named him an “Industry Innovator” for work that included a 2018 Natural Light campaign that collected over 3,000 college diplomas to create an art piece valued at $470 million. He lives in New York with his wife and children.¹²

1
Jezebel. MTV Settles Rape Lawsuit With Real World Alum After Implying She Asked for It
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Courthouse News Service. Cast Member Claims MTV’s Real World Encouraged, Filmed Her Sexual Assault
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The Hollywood Reporter. Real World Rape: MTV, Tanya
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Reality Blurred. Challenge’s Tonya Lawsuit Details
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Business Insider. MTV Real World Star Settles With MTV Over Toothbrush Rape Claims
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E! Online. Real World Star Tonya Cooley Settles Sexual Battery Lawsuit
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TV Insider. The Challenge MTV Scandals Controversies
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Screen Rant. Challenge All Banned Cast Members Why Can’t Compete
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The Ashley’s Reality Roundup. 10 Things We Learned About The Challenge From Evan Starkman, Kenny Santucci’s New Podcast Appearance
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The Ashley’s Reality Roundup. Former Challenge Star Kenny Santucci Claims He Was Suicidal Following Toothbrush Scandal Involving Tonya Cooley
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Kenny Santucci. About
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BizBash. Industry Innovators 2024: Evan Starkman