Judge dismisses suit filed against Henderson State University president

Ex-staffer waited 3 years, contract expired, he rules

A federal judge has dismissed a lawsuit filed against Henderson State University's president by a former employee whose department was flagged in a state audit for inappropriate spending.

Julia Correia, who was Henderson's coordinator of the Center for Language Proficiency, filed the lawsuit against the president, Glen Jones, in August 2017 in the U.S. District Court's Western District of Arkansas. Correia also taught classes and was director of the English as a Second Language Graduate Academy until Jones terminated her position in 2014.

Arkansas Attorney General Leslie Rutledge "is pleased with Chief U.S. District Judge P.K. [Holmes III's] decision to dismiss the case," spokesman Amanda Priest said in an emailed statement Tuesday.

Holmes, who presides in the federal court's Hot Springs division, dismissed the lawsuit Monday in two rulings addressing different parts of the case.

"We're glad to put this chapter behind us and continue the important work of promoting student success," Jones said in an email Tuesday.

Correia's attorney, Luther Sutter, said, "We're obviously disappointed. We're considering whether to ask [the judge] to reconsider or to appeal."

Holmes noted in his decision that Correia had alleged that Jones had violated her due-process rights in the termination. But Holmes wrote that Correia had waited "nearly three years" before she demanded a name-clearing hearing. One week after making that written demand, she sued, Holmes said.

Holmes dismissed Correia's arguments on sex discrimination and on due-process violations. The judge said a response filed by her in court after the original lawsuit "concedes dismissal of her discrimination claims is proper."

Holmes also wrote that Correia acknowledges that her contract expired on June 30, 2014.

"Because Correia did not have a property interest in her continued employment, she was an employee at-will who did not have a vested right to a pre-separation hearing," the judge said.

Correia had said she could not get a job and had suffered severe mental and emotional distress because of "stigmatizing statements by Jones," Holmes wrote.

But the judge concluded, "It is the employee, not the employer, who bears the responsibility of requesting a name-clearing hearing."

Holmes said the law also required Correia to "avail herself to the necessary procedures" under the university's employee handbook. That document required her to notify Jones within 30 days of her job loss if she wanted a name-clearing hearing, the judge said.

"The [handbook] is clear that a faculty member forfeits her right to a hearing if she fails to file a timely request," Holmes wrote.

"A plaintiff cannot complain of a violation of procedural due process when she has not availed herself of existing procedures," he added.

An investigative report issued in December 2014 by the Arkansas Legislative Audit found multiple violations at the Center for Language Proficiency. They included excessive and inappropriate spending on items such as olive oil, steam irons, electronics, umbrellas and snack foods.

Correia's lawsuit contended that Jones had publicized information leading the public to believe she had misused money. "However, this was not true, and Plaintiff has been stigmatized in the community as a result of several newspaper article and television reports," the lawsuit said.

Correia was never charged with a crime, her attorney has said.

State Desk on 09/26/2018

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