Judge rules Burke case ongoing

Melissa Burke, CSC’s former associate athletic director, succeeded for now, in acquiring the court’s permission to allow her lawsuit against the Nebraska State College System to continue. The court overruled the Board of Trustee’s motion to dismiss on the grounds that the courts lack jurisdiction. Both sides have been given time to file additional briefs.
Burke is suing NSCS for failing to provide her with adequate notice and procedural rights outlined in her negotiated agreement prior to her termination
According to court documents, Burke states that she is entitled to a written notice of intent not to renew her contract 180 days in advance and adequate cause procedures before termination. Burke argues that she did not receive written notice until April 8 in a letter from CSC President Randy Rhine and again from legal counsel on May 23 for her contract period ending June 30. She also states that there were no adequate cause procedures included in her termination process.
Burke is requesting that the court find that she is entitled to a contract for the 2016-17 academic year, employee rights, privileges, salary and benefits, along with back pay and damages. Judge Derek Weimer, from Cheyenne County, is hearing the case because Dawes County District Judge Travis O’Gorman has recused himself, as he is a CSC graduate.
According to documents filed with the court Nov. 16, the Board of Trustees is using an affirmative defense in the case, writing that employees who transfer to a new unit position are treated as new staff for the purpose of termination unless there is a written agreement that states otherwise at the time of the transfer.
Burke was the compliance coordinator until March 17, 2015, when she was transferred to the position of associate athletic director, and no agreement for employment credit was written, meaning she had not reached her first full year of employment when she was terminated. Therefore, the NSCS claims that only 30 days of notice was required.
The Board of Trustees also alleges that Burke failed to follow the formal grievance process spelled out in her employment contract before resorting to litigation. The Board renewed its call to dismiss the action and have the costs and reasonable attorneys’ fee awarded for having to defend themselves.