Augustana University, former music professors want a jury trial for discrimination lawsuit
Both sides of the discrimination lawsuit Augustana University is facing, after it fired Lisa Grevlos and Paul Nesheim effective May 24, 2023, want the case to be heard in front of a jury of their peers.
In an amended complaint filed earlier this month, Grevlos and Nesheim allege their terminations are retaliation for their engaging in protected activity, are discriminatory based on their age and Grevlos’ sex, and are in violation of AU’s faculty handbook.
The former professors seek recourse for the loss of their high-level positions, damages to their reputations, emotional distress and violations of their civil rights, according to the amended complaint.
More: Augustana University lawsuit will move forward despite AU's move to dismiss it
They are bringing the following causes of action, including retaliation under Title VII, sex discrimination under Title VII for Grevlos, age discrimination and breach of contract, stemming from the following incidents, all of which are detailed in their amended complaint:
Retaliation: Grevlos filed a Title IX complaint and was then removed as department chair, director of vocal studies and director of the AU summer music camp; lost a portion of her salary; and, was removed as director of the Angelus Choir afterwards.
Retaliation: Grevlos was terminated from AU four days after AU was notified of Grevlos’ right to sue from the EEOC.
Retaliation: Nesheim was suspended with pay, then dismissed a month later, after openly opposing Grevlos’ removal as a director and excursion from department meetings, participating in Grevlos’ Title IX complaint, and making complaints about his own treatment including by filing an EEOC charge and requesting a notice of right to sue.
Sex discrimination: Grevlos was the only full-time female tenured faculty member in the School of Music, saw her capabilities and competence discredited in a smear campaign, was excluded from discussions because she was “too emotional,” and no male employee faced the same treatment.
Age discrimination: Grevlos, 58, faced adverse employment actions when she was stripped of her positions and job duties, demoted and ultimately terminated; and, her annual salary, based on 29 years of teaching, was used as a basis to change her teaching load and remove students from her courses while younger colleagues’ teaching loads stayed the same.
Age discrimination: Nesheim, 62, faced adverse employment actions when he was stripped of his job duties, suspended and ultimately terminated; his teaching load was reduced when he was removed from conducting the AU choir and removed as artistic director of Vespers and replaced in those positions by younger faculty; and, colleagues referred to Vespers as “tiring” and “old-fashioned.”
Breach of contract: Grevlos argues AU failed to follow the process of dismissal; failed to give her a reasonable time to remedy any issues; failed to provide her a statement of reasons for termination based on evidence; failed to provide her with a statement of charges; and, failed to demonstrate her termination was for cause.
Breach of contract: Nesheim argues AU suspended him with pay without demonstrating a “strong likelihood” of “an immediate threat of harm;” failed to follow the process for dismissal; failed to provide him a statement of reasons for suspension/termination based on evidence; failed to provide him with a statement of charges; and, failed to demonstrate his termination was for cause.
Both Grevlos and Nesheim state in the lawsuit that they suffered monetary damages in the form of lost compensation and benefits through retirement age, compensable professional and reputational harm, emotional distress, degradation of character, humiliation, and compensable harm due to the violation of their civil rights.
More: Augustana University wants to dismiss suit by former music professors Paul Nesheim, Lisa Grevlos
In an answer filed Jan. 17, AU denied almost all of Grevlos’ and Nesheim’s amended complaint, and also denied the two are entitled to relief or have a claim upon which relief may be granted.
AU’s conduct and termination of the plaintiffs was motivated by “legitimate, non-discriminatory and non-retaliatory reasons,” it argues in its answer.
AU also argues Grevlos’ and Nesheim’s claims are barred by AU’s good faith efforts to prevent discrimination and/or harassment, and because AU exercised reasonable care to prevent discriminatory or retaliatory conduct.
More: Former Augustana University music professors sue over age, sex discrimination
Grevlos and Nesheim also “unreasonably failed to take advantage of preventive or corrective opportunities afforded to them,” AU argues in the answer.
Further court documents have yet to be released, including a schedule for a jury trial in the matter.
This article originally appeared on Sioux Falls Argus Leader: Augustana, former professors want jury trial for discrimination lawsuit
