Civil rights violation lawsuit

[wh]

Valparaiso University accused in lawsuit of civil rights violation

http://www.nwitimes.com/news/local/porter/valparaiso/valparaiso-university-accused-in-lawsuit-of-civil-rights-violation/article_edec2db8-4780-52ad-b0d7-75694af44bf4.html

If these accusations are true, the university needs to act quickly to right the wrong by whatever means necessary.  If, on the other hand, the accusations are false and the university can prove they're false, the university needs to come down on this individual with full force. NOTHING is more damaging to an organization's reputation and standing than accusations of racial discrimination.   

[a3uge]

My biggest question... what is "Jungle Jewelry" and why is it racist?

[valpotx]

Just reading it, it is hard to view this as being true.  It completely reeks of someone trying to compensate for not doing well enough in school to graduate...

[wh]

Valparaiso University accused in lawsuit of civil rights violation

http://www.nwitimes.com/news/local/porter/valparaiso/valparaiso-university-accused-in-lawsuit-of-civil-rights-violation/article_edec2db8-4780-52ad-b0d7-75694af44bf4.html

If these accusations are true, the university needs to act quickly to right the wrong by whatever means necessary.  If, on the other hand, the accusations are false and the university can prove they're false, the university needs to come down on this individual with full force. NOTHING is more damaging to an organization's reputation and standing than accusations of racial discrimination.   

As I walked into a local auto body shop this morning, directly in front of me on the customer counter was today's newspaper with this story prominently featured on the front page. The Times and Post Tribune love to play up issues of race, especially in Valpo. I suspect we haven't heard the last of this.

[mj]

I pulled the complaint off of Pacer so you guys can read it. File was too big to attach. Doesn't appear to be a winner...

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA Hammond Division
RAICHELL RICHARDSON, Plaintiff,
vs.
THE LUTHERAN UNIVERSITY ASSOCIATION d/b/a VALPARAISO UNIVERSITY,
Defendant.
Civil Action no.: 2:14-cv-92
JURY TRIAL DEMANDED
COMPLAINT
Plaintiff RAICHELL RICHARDSON, for her Complaint against THE LUTHERAN UNIVERSITY ASSOCIATION d/b/a VALPARAISO UNIVERSITY, alleges as follows:
Jurisdiction and Venue
1. This Court's jurisdiction is invoked pursuant to Sections 1331 and 1343(a)(4),Title 28 of the United States Code. This action is authorized and instituted pursuant to 2000(d), Title 42 of the United States Code and common law. Supplemental jurisdiction over the pendant state law claims is proper pursuant to 28 U.S.C. '1367(a) and common law.
2. The acts of discrimination alleged in this complaint occurred within the Northern District of Indiana, Defendant can be found in this District, and conduct business within this district.
Parties
3. Plaintiff Raichell Richardson ("Richardson" or "Plaintiff") is a United States citizen, residing in Merrillville, Lake County, Indiana.
4. Defendant The Lutheran University Association, Inc. d/b/a Valparaiso University ("the University" or "Defendant") is an Indiana non-profit corporation doing business in the state of Indiana, engaged in an industry affecting commerce, with its headquarters in Valparaiso, Indiana.
5. At all times relevant to this complaint, Defendant has been and is a recipient of federal funding for educational programs.
Facts Giving Rise to Plaintiff's Complaint
6. Raichell Richardson is a 41-year-old, African American single mother of three.
7. During all times relevant to this case, Richardson was enrolled in Valparaiso University's
nursing program.
8. During the course of her enrollment at The University, Richardson amassed close to $40,000 in subsidized and unsubsidized loans, the proceeds of which were paid to The University.
9. Richardson incurred those loans based on the belief that she would earn a marketable degree with which to support herself and her family, namely, a nursing degree.
10. During her college career, Richardson has earned a cumulative grade point average (GPA) of 2.68.
11. Richardson has earned a cumulative GPA of 2.49 in the University's required nursing classes.
12. On May 19, 2013, The University held a commencement ceremony both for its graduates and for students that expected to complete their course of studies in the next semester. Because the University holds one commencement ceremony per year, students anticipating graduation participate alongside graduates.
13. On May 13, 2013, Richardson received an e-mail titled, "Degree Audit Review - Candidate for Graduation in August 2013" from the Assistant University Registrar, informing Richardson that an audit had been completed of her academic record. The e-mail then listed the classes that Richardson needed to complete in order to complete her course of studies by August 2013.
14. On May 17, 2013, Richardson, who expected to complete her nursing studies during the summer semester, received an e-mail entitled "Commencement Instructions" with the subheading "Instructions to Candidates."
15. Richardson made arrangements to have her friends and family present for the happy occasion celebrating her accomplishments.
16. Present at the commencement were the faculty members and head of the University's nursing program, who also watched as Richardson proudly crossed the stage.
17. Several days later, when Richardson attempted to register for the next semester's classes, she was told by University staff to call her department head, Janet Brown.
18. Richardson called Dr. Brown, who said, "I was just about to call you." Brown then informed Richardson that, due to her nursing GPA falling one-tenth of a point below 2.5, she could no longer continue in the program.
19. Dr. Brown sent Richardson a letter confirming the decision to expel her one semester from graduation, citing the retention and progression policy.
20. Richardson appealed the expulsion. After a 30 minute hearing on June 13, 2013, the panel affirmed the expulsion with a two-sentence letter. Richardson was devastated.
21. In what can only be described as adding insult to injury, Richardson received another letter, dated July 29, 2013, from the Director of Financial Aid that opened, "The Registrar's Office has informed me that you are a candidate for graduation. Congratulations!" The letter then goes on to explain to Richardson that she needs to start repaying her college loans.
22. At least two similarly situated, non-African American students in the nursing program (Tina Howe and Mark Bonn) were afforded better treatment than Richardson; to wit, they were permitted to remain in the nursing program even after their GPAs fell below 2.5.
Count I - Title VI Violations
23. Paragraphs 1 through 22 are incorporated as though set forth herein.
24. Defendant is, and was at all relevant times, a recipient of federal financial assistance.
25. As a recipient of federal funding for educational programs, Defendant is, and was at all
relevant times, required to comply with Title VI of the Civil Rights Act of 1964 as set forth at 42 USC §2000d-4a which includes any agency, public or private, receiving federal funding for any of its educational programs.
26. Compliance with said programs is subject to judicial review, pursuant to 42 U.S.C.§2000- d-2.
27. Non-discrimination with regard to race, religion, and national origin is required is required under 42 USC §2000-d-6 in all its programs for any agency receiving federal financial assistance for any educational program.
28. Defendant knew or should have known of the discriminatory and actions and/or omissions with alleged herein and acted with indifference or reckless disregard with respect to the discrimination of Plaintiff. Specifically, Richardson alleges that, inter alia:
(a) Tina Howe and Mark Bonn, both Caucasian nursing students, were permitted to remain in the University's nursing program even though their GPAs fell below 2.5. Indeed, Howe's was a 2.3, whereas Richardson's was a 2.49.
(b) Richardson was subjected to an inappropriate racial remark by the University's adjunct instructor at Porter Hospital who advised nursing students, "Don't wear your jungle jewelry here", referring to large hoop earrings, etc.
(c) Richardson was wrongfully, and without basis, accused of signing another student's name on an attendance sheet in class. The professor apparently assumed that because they were both African American, they were in league with each other. Nothing ever came of the embarrassing incident.
29. As a result of Defendant's violations of Title VI, Plaintiff is entitled to compensatory and punitive damages, as well as appropriate injunctive relief.
30. Defendant, despite knowledge and adequate opportunity to learn of the misconduct of its agents and employees, adopted, approved, and/or ratified their acts, omissions, and misconduct.
31. Defendant's acts were intentional, malicious, willful, wanton, obdurate, and in gross and reckless disregard of Plaintiff's rights secured by Title VI.
Count II - Unjust Enrichment
32. Plaintiffs hereby incorporate by reference paragraphs 1 through 31 of this Complaint into this count.
33. Defendants received the benefit of Plaintiff's loans and other remunerations without meeting their own obligations to Plaintiff, under, inter alia, Title VI. As a matter of equity, Defendants should not be allowed to prosper at the expense of Plaintiff.
34. Furthermore, the Indiana Administrative Code (IAC), under the section titled "Progression and Graduation" states that "candidates for the registered nurse licensing examination shall have successfully completed the educational program with an accumulative average grade of "C" or better, and a grade of "C" or better in each course as identified in section 17 of this rule."
35. Under the IAC, then, Plaintiff was on track to "successfully completed the educational program". She had earned a "C" or better in each class and so should have been permitted to progress and, ultimately, graduate.
36. The money Plaintiff paid to the University and borrowed to be paid to the University for tuition inured directly to Defendant's benefit.
37. Plaintiff should be awarded the amount which she paid, essentially for nothing, and Defendants should not be unjustly enriched.
38. Plaintiff, furthermore, paid tuition and/or took on additional debt to pay for the Summer, 2013 semester, during which time she was prevented from taking the classes for which she had paid.
WHEREFORE, plaintiff respectfully requests that this Court:
(a) adjudge and decree that Defendant has violated Title VI of the Civil Rights Act of 1964;
(b) enter judgment for Plaintiff and against Defendant on all counts;
(c) award Plaintiff appropriate pecuniary loss as well as pre-judgment interest in amounts to be proven at trial;
(d) award Plaintiff punitive damages and compensatory damages for past and future extreme embarrassment, humiliation, mental anguish, pain and suffering, emotional distress, and other non-pecuniary losses arising from Defendant's violation of plaintiffs' rights under Title VI of the Civil Rights Act of 1964 in an amount to be determined at trial;
(e) award Plaintiff the costs of this action, together with reasonable attorney's fees and expenses, as provided by Title VI; and
(f) grant Plaintiff such additional equitable and legal relief as the Court deems just and proper in the circumstances.
Respectfully submitted,
/s/ Marissa McDermott_____________ Marissa McDermott
MCDERMOTT LAW OFFICE
9013 Indianapolis Boulevard
Highland, Indiana 46322 Tel. 219-838-9200
Fax 219-972-7110 Attorney for Plaintiff

[valpotx]

I would want to know more about the other students that were below 2.5, and what their circumstances were.  Without knowing this person, it is hard to say if she is making up the comments made by the adjunct instructor, or if she truly did sign another student's name.  Those are just hearsay and can't be truly considered in this case, unless there are witnesses.  I do know one thing, that I sure as hell would not want a nurse who obtained a 2.5 or below GPA in her major courses to have delivered my baby last weekend...