1 lawsuit against NSCS pending dismissal, 1 pending hearing

Melissa Burke, CSC’s former associate athletic director, and the Nebraska State College System are awaiting a judge’s decision on whether or not to dismiss a lawsuit over employment status filed by Burke.
The Honorable Judge Derek Weimer of Cheyenne County is considering a motion to dismiss filed by the NSCS, according to court documents. The NSCS is being sued by Burke whose lawsuit claims that the college and the Board of Trustees failed to provide her with the adequate notice of termination and adequate procedural rights provided by her negotiated agreement.
According to court documents, Burke’s lawsuit states that she is supposed to be given adequate cause procedures before termination, and is also entitled to a written notice of intent not to renew her contract 180 days in advance.
Burke claims that she did not receive written notice that her contract, which was concluded June 30, 2016, was not going to be renewed until April 8 in a letter from CSC President Randy Rhine and again May 23 in a letter from legal counsel. Her termination process did not include adequate case procedures, the lawsuit alleges.
Burke is asking the court to find that she has the right to a contract for the 2016-17 academic year, employee rights and privileges, salary and benefits, as well as back pay and damages.
The NSCS board has filed a motion to dismiss the case on the grounds that the court does not have jurisdiction on the subject matter.
The Dawes County District Judge Travis O’Gorman, a CSC graduate, has recused himself, so the case has been moved to the Cheyenne County District court where Judge Weimer is hearing. A status hearing was held before Weimer telephonically two weeks ago.
The Burke case is not the only one pending in the Dawes County District Court against the NSCS regarding employee termination as Robert McEwen, former English and humanities professor has also filed a lawsuit over his termination from CSC.
McEwen is seeking a ruling from the court that will reverse his termination to April 18 including all benefits and payments. The NSCS is arguing that McEwen has failed to state a claim or a cause of action upon which the court can grant relief and that he has failed to properly mitigate the damages owed.
Court documents indicate that the NSCS is pursuing a judgment in its favor that would award the organization its attorney fees and costs in defending the lawsuit. The case was filed after McEwen’s request for a hearing in front of the NSCS Board of Trustees to argue his case was denied earlier this summer.
According to court documents, the termination of McEwen was upheld by the findings issued this March by an Advisory Committee. The committee found just cause for the termination based on McEwen’s failure to follow proper procedures for transfer of students and while on a faculty search committee, both in 2015; and for taking an unauthorized “individualized” approach to teaching, failing to provide a proper syllabus in a timely manner, and acting with disrespect and hostility toward students and administration.
McEwen argues that it is the college that failed to follow proper procedures for disciplinary action and dismissal, including the denial of his due process by not holding a “17.3” meeting as was required by his negotiated agreement and by making a pre-determined decision to dismiss him based on allegation that were not included in his initial notice of allegations in October 2015. The “17.3” meeting referenced is a private conference between the faculty member and his academic dean, but McEwen alleged that both meetings he was granted with administration did not meet that criteria.
He also stated in his lawsuit that the first notice of allegations that was sent to him centered on discrimination based upon age, race and gender, inconsistent classroom rules, and aggressive physical behavior in the classroom. He alleged that the scope of allegations was improperly expanded to include other incidents that had already been resolved.
The oral arguments are scheduled to be heard by Judge Weimer in the Cheyenne County District Court at 9:30 a.m. Dec. 2.