Former CSU Pueblo professors' gender discrimination lawsuit advances in federal court
A civil lawsuit filed by two former Colorado State University Pueblo professors alleging discrimination and retaliation is proceeding against three administrators after a U.S District Court judge declined to dismiss them from the suit.
In October 2020, former mass communications assistant professors Kimberly Cowden and Joanne Gula filed the lawsuit against the Board of Governors of the Colorado State University system and three of the university’s administrators alleging gender-based discrimination, retaliation and First Amendment violations relating to freedom of speech and the right to petition.
Recently, the Colorado attorney general’s office filed a motion asking the judge to dismiss administrators from the suit, including CSU Pueblo’s then-dean of the humanities and social sciences department, William Folkestad; Vice President of Academic Affairs Mohamed Abdelrahman; and President Timothy Mottet.
In a 30-page Aug. 23 ruling, U.S. District Court Judge Regina Rodriguez ruled that First Amendment claims seeking relief in the form of damages against all three Colorado State University administrators could proceed against them as individuals, which means punitive damages could be ordered if the suit is successful.
In their official capacities, however, Rodriguez ruled that both Folkestad and Abdelrahman could be dismissed from the First Amendment claims.
In the case of Mottet, the judge ruled the First Amendment claims, to the extent they seek prospective injunctive relief, can proceed against him in his official capacity; however, the First Amendment claims, to the extent they seek relief in the form of damages, were dismissed against Mottet in his official capacity.
According to the lawsuit, early in 2019, both women complained about gender discrimination by pointing out different treatment between female and male faculty members’ reassignments following class cancellations.
The women allege that then-department chair Sam Lovato "began retaliating against (them) even further by creating a more hostile work environment and treating them less favorably than their male colleagues."
Cowden and Gula contend they were terminated later that year. The university's attorneys alleged in an answer to the lawsuit that administrators did not discriminate or retaliate against the professors, stating their jobs were cut because of “low student enrollment.”
The lawsuit seeks to have the university provide "appropriate lost earnings and benefits,” plus compensation for "emotional pain, suffering, inconvenience and mental anguish."
A trial date has not been set. Rodriguez ordered a scheduling conference for the lawsuit to be set within the next week.
More lawsuit news:2 former CSU Pueblo professors allege discrimination, file lawsuit in U.S. District Court
Chieftain reporter Tracy Harmon covers business news. She can be reached by email at tharmon@chieftain.com or via Twitter at twitter.com/tracywumps.
This article originally appeared on The Pueblo Chieftain: Gender discrimination lawsuit against CSU Pueblo advances
