LARIMER COUNTY DISTRICT COURT DATE FILED: May 28, 2018 7:53 PM

FILING ID: D5EB4D49884BA

201 Laporte Avenue CASE NUMBER: 2017CV30516
Fort Collins, Colorado 80521
970.494.3500
________________________________________________________
CHRISTINA BOUCHER,
Plaintiff,
vs. Case No. 17CV30516

BOARD OF GOVERNORS OF THE

COLORADO STATE UNIVERSITY SYSTEM
dba COLORADO STATE UNIVERSITY,

Defendant.
________________________________________________________
DEPOSITION OF JANICE L. NERGER
(CONFIDENTIAL AND NONCONFIDENTIAL TRANSCRIPT)

January 31, 2018

________________________________________________________

PURSUANT TO NOTICE and the Colorado Rules of

Civil Procedure, the deposition of JANICE L. NERGER,
called by the Plaintiff, was taken on Wednesday, January
31, 2018, commencing at 10:04 a.m., at Cannon Hadfield
Stieben & Doutt, LLC, 3534 JFK Parkway, Suite B, Fort
Collins, Colorado, before Margie R. Dauster, Registered
Merit Reporter, Certified Realtime Reporter, and Notary
Public for the State of Colorado.

Dauster|Murphy
970.631.5925

Ex. Y, p. 1 of 2
 Nerger
1/31/2018

Page 144 Page 146

1 get raises on the fiscal year, which runs July to July, 1 Q. Okay. You say that -- you asked them to confirm
2 and annual performance evaluations run January to 2 or deny so they can begin processing the appropriate
3 December. So it's based on performance over the academic 3 paperwork. What paperwork were you referring to there?
4 year, essentially. 4 A. The thing I was most worried about is that we
5 Q. And is that performance measured strictly on the 5 were establishing the fall teaching schedule. And if they
6 performance evaluations, or are there other metrics as 6 weren't going to be here, we couldn't assign them to
7 well? 7 classes. If I didn't have anybody to cover those classes,
8 A. It's based on what -- the percent raise that the 8 we would then have students enrolling in classes that
9 university provides the college. So the university will 9 didn't exist.
10 determine some sort of raise pool, and that would be sent 10 So I needed to know for the fall to -- you know,
11 to the college. Say it's 2 percent. I can do anything 11 to get the appropriate paperwork on our end in terms of
12 with that 2 percent that I want. But given how small that 12 "Are they going to be teaching their courses or are they
13 is, I give the full 2 percent back to the departments to 13 not?" They were not in communication with me.
14 distribute among their faculty. So they then -- that 14 Q. To your knowledge, does CSU have a policy related
15 would be the average raise. 15 to advising CSU if you accept a position elsewhere?
16 And not everybody would be evaluated identically. 16 A. A policy?
17 So some people are going to get slightly below. Or I 17 Q. Yes.
18 guess you could go way below or above slightly of that. 18 A. Meaning a strict rule that if you accept a job,
19 And that would be the performance of the group. 19 you must tell us?
20 Q. And to your understanding, who makes that 20 Q. Sure.
21 decision in each department? 21 A. I don't think so.
22 A. The chair. In our college I think that's true. 22 (Exhibit Number 58 was marked.)
23 The chair in each department. It used to be the case that 23 Q. (By Mr. Cannon) You've been handed an email
24 departments would have a salary raise committee, but I do 24 marked Exhibit 58 from yourself to Jaime Ruiz cc'ing
25 not think any of our departments do that now. 25 Darrell Whitley, Cheryl Peregoy, James Sites, and

Page 145 Page 147

1 Q. In 2015 -- 1 yourself, and somewhere along the line Dr. Boucher and
2 A. That's what I'm thinking of is in 2015, 2 Dr. Whitley are also on this email chain. Do you see
3 department chair. 3 that?
4 Q. Okay. And specifically in computer science, did 4 A. Yes.
5 the computer science department in 2015 have a salary 5 Q. So take a while. I am going to ask you about
6 committee, or was it the chair that made the decision? 6 both pages. So review the whole thing and let me know
7 A. The chair. 7 when you're ready to talk about it.
8 Q. Okay. Exhibit 57 is an email from you to 8 A. Okay.
9 Christina Boucher and Jaime Ruiz cc'ing Darrell Whitley, 9 Q. Ready?
10 "Subject: just learned," sent April 30th, 2016. 10 A. I am.
11 A. Yes. 11 Q. Okay. So on the second page of Exhibit 58,
12 Q. It's about Christina and Jaime accepting 12 Bates-numbered CSU_288, is an email from Christina Boucher
13 positions outside of CSU; right? 13 to Cheryl Peregoy, "Subject: Request for Summer Spending
14 A. Correct. 14 from Start-up/CCTSI." Do you see that?
15 Q. And you write, "I just heard that the two of you 15 A. Yes.
16 have accepted positions elsewhere and will be leaving 16 Q. Who is Cheryl Peregoy?
17 CSU." 17 A. She is my budget officer at the college.
18 A. Correct. 18 Q. So my reading of that email is that Dr. Boucher
19 Q. How had you heard that? And don't tell me if it 19 is emailing Cheryl Peregoy about funding graduate students
20 was from your lawyer or CSU's lawyers. 20 over the summer.
21 A. I believe that I had heard that from several 21 A. Correct.
22 faculty in the department. I don't know who told me 22 Q. Is that correct? Okay. And those are CSU
23 first. Darrell certainly was one of them. He speculated, 23 students; right?
24 but he didn't know. There were a couple other faculty 24 A. It's redacted. I don't know. Other things that
25 that told me that they had accepted positions. 25 have been redacted you have said are students.

42 (Pages 144 to 147)

Dauster|Murphy
970.631.5925
Ex. Y, p. 2 of 2