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Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 1 of 12. PageID #: 61

UNITED STATES DISTR ICT COURT


EASTERN DISTR ICT OF OHIO
SOUTHERN DIVIS ION

JOILYNN REGA-MASON,

Plai ntiff ,
-v- 2:18- cv-25 87
Hon. Solom on Oliv er, Jr
OBERLIN COLLEGE,
a corp orati on, MARVIN KRISLOV,
TIMOTHY E GRIN , and CLYDE S. McGREGOR,

Defe ndan ts.


I
--------------- Timo thy H. How lett (P240 30)
BENJAMIN LAW OHIO
By: Gary Benja min Sara H. Jodka (7628 9)
Atto rney for Plai ntiff DICKINSON WRIGHT PLLC
2976 Monm 0uth Road Atto rney s for Defe ndan ts
Clev elan~ Heig hts, Ohio 4411 8-403 6 500 Wood ward Aven ue, Ste 4000
(313) 590 6136 Detr oit, Mich igan 48226
benja minl wohio @gm ail.co m (313) 223-3 500
thow lett@ dicki nson wrig ht.co m
sjodk a@di ckins onwr ight.c om

FIRS AMENDED COMPLAINT FILED AS OF RIGHT


NOC COMES Plai ntiff , by and throu gh attor ney GARY
BENJAMIN,

ndan ts, join tly and


as her Fj rst Amen ded Comp laint agai nst the Defe

seve rall, state s as follo ws:

JURISDICTION AND VENUE


pursu ant to
1. Orig inal juris dicti on of this Cour t is prop er

28 U.S.C . 1343 (a) (4) and 42 U.S.C . 3613 .


s is prop er
2. Supp leme ntal juris dicti on over the state claim

in this ourt pursu ant to 28 U.S.C . 1367 (a).

3. Venu e lies with in the Easte rn Dist rict of Ohio


Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 2 of 12. PageID #: 62

pursu a to 28 U.S.C . 1391 (b).

4 On or abou t the 29th day of Augu st, 2016 ,


l Plai ntiff
filed a! charg e of unlaw ful discr imin ation with the
Unit ed State s
Equa l E\' ploym ent Oppo rtuni ty Comm ission and
the Ohio Civi l Righ ts
I
I
Cornm ission •
(here in calle d "the Adm inist rativ e Agen cies) " alleg ing
unlaw fu I discr imin ation agai nst Plai ntiff by defen dant Ober lin
Colle ge \!

4b On or abou t the 17th day of Janu ary, 2017 , durin g the


of the charg e of discr imin ation desc ribed
in parag raph
e, Plai ntiff filed a secon d charg e of discr imin ation
unlaw ful discr imin atory reta liati on agai nst
Plai ntiff due
to her t iling and proc essin g of the charg e
desc ribed in parag raph
4a, aboj .
4c jl On or abou t the 13th and 14th days of Augu st, 2018 ,
resp ect ~ ely, proc essin g of the charg es of discr imin ation
:I
desc ri~J, in parag raph s 4a and 4b, abov e, was conc luded
.
4d.1 In the conc ludin g of the proc essin g by the
Admi nislJ ative Agen cies, this cour t was gran ted juris dicti on
I
pursu an~ to 42 U.S.C . 2000 e, et seq.

4e.l Plai ntiff has filed this actio n with in nine


ty (90) days
of the oncl usion of the proc essin g of Plai ntiff 's charg es of
unlaw fu discr imin ation as desc ribed in parag raph s 4a and 4b,
abov e.

-2-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 3 of 12. PageID #: 63

THE PARTIES

Sa At all times mater ial upon inform ation and belie f ,

OBERLIN COLLEGE , upon inform ation and belie f , has


defend a t
ng locate d in
repres e ted itself as an instit ution of highe r learni

the of Ohio, and this judic ial distr ict.

Sb At all times mater ial to these proce eding s , defen dant ,

was in the positi on of Presid ent of Oberl in


Marvi n Krislo v ,

Colleg e

Sc At all times mater ia l to these proce eding s , defen dant ,

Timoth r Elgren was in the positi on of Chair and Dean of Arts &

defen dant , Oberl in Colleg e, and the chair of the


Scien ce of

Colleg e Facul ty Counc il .

~d . At all times mater ial to these proce eding s , Clyde s.

served as Chair of the Board of Truste es of Oberl in


McGre go

On or about Decem ber 16 , 2013 Joilyn n Kareg a - Mason ,

referr ed to as "Plai ntiff" was emplo yed as an


herein

Assis t t Profe ssor of Rheto ric and Comp osition .

7. Plain tiff , at all times mater ial, was quali fied and

Oberl in Colleg e , in the


availa le for employ ment with defen dant ,
,
capac i was emplo yed as Assis tant Profe ssor on the Oberl in

Ohio c

- 3-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 4 of 12. PageID #: 64

FACTUAL ALLEGATIONS

Plain tiff was emplo yed with defen dant, Ober lin
Colle ge
as an l,ssis tant Profe ssor of Rheto ric and
Comp ositio n defen dants
comm enci ng Decem ber, 2013 throu gh on or
Il about Novem ber 15, 2016.

I ' 1I9. Durin g or about the perio d comm encing durin g


or about
March j, 12016 throu gh the concl usion of emplo yment
1
of Plain tiff,
defen d. nt, Ober lin Colle ge, throu gh its admi nistr ative offic ials,
l
inclu d1 b g, but not limit ed to Presi dent Krisl ov and Dean
:I Elgri n,
among hers not named at this time, engag ed in an unrel
entin g and
I
perva s · y e consp iracy to termi nate the emplo ymen
t of Plain tiff.
[10. The condu ct of defen dant Ober lin, throu gh its agent s
I
was doe witho ut cause or justi ficat ion.

l.
I
At all times mate rial to these proce eding s, the
condu ct
of defein dants Ober lin Colle ge, Krisl ov and Elgri n descr ibed in
I
prece d· g parag raphs , inclu ded, but not limit ed to:
1
a. Insti gatin g false charg es of profe ssion al
II b.
misco nduct again st Plain tiff;
solic i ting stude nt comp laints again st

l c.
Pl ainti ff;
attem pting to mani pulat e offic ial

I:I colle ge organ izatio ns in an effor t to


secur e deter mina tions adver se to the
profe ssion al inter est and stand ing of
Plain tiff;
d. viola ting colle ge and indus try stand ards
and proce dures ;
e. attem pting to elimi nate Afric an Amer ican
memb ers from Ober lin colle ge decis ion
makin g decis ion auth oriti es; and

-4-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 5 of 12. PageID #: 65

f. changing the administrative, student


advising , and teaching duties of Plaintiff;
g. soliciting professionals throughout the
United States of America in an effort to
generate and manipulate adverse opinion(s)
against Plaintiff;
h. intentionally and personally ignoring and/or
not acting upon misconduct of male(s) and
Caucasian female Oberlin instructor(s),
professor(s), or administrator(s) use of
racially derogatory language or engaging in
discriminatory acts;
h. among other improper actions.

~la. During the period May 18, 2016 thru June 30, 2016

defendan~ s Oberlin College, through its College Faculty Council

(herein sometimes referred to as "CFC") and Professional Conduct

Review Committee (herein sometimes referred to as "PCRC",

hearing, including, the taking of testimony from

memorialized through a stenographic record .

12b. The PCRC made findings which included, but not limited

to:

a. No conduct of Plaintiff would rise to


to the level of misconduct that warrant
dismissal or suspension;
b. Plaintiff should not be suspended or
dismissed by or from Oberlin College;
c. Dean Timothy Elgren acted in conflict
of interest in serving as Chair of the
Oberlin College Faculty Council as
well as prosecuting charges against
Plaintiff ;
d. Dean Timothy Elgren should be excluded
from participating in personnel actions
involving Plaintiff;

-5-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 6 of 12. PageID #: 66

The finding of the PCRC were ignored by defendant former

t Marvin Krislov and the Oberlin College trustees.

Following issuance of the findings and report of PCRC,

defenda t Dean Timothy Elgren was permitted by defendants Oberlin

and Kri lov to continue to engaged in an unrelenting and pervasive

conspir acy to terminate the employment of Plaintiff.

1 e. The conduct of defendant Oberlin through defendants

Krislov and Elgren constitutes an unrelenting and pervasive

conspi~acy to terminate the employment of Plaintiff by the

college

3. On or about the 15th day of November, 2016, Plaintiff's

employm nt with defendant Oberlin College was terminated.

COUNT I

BREACH OF CONTRACT

Plaintiff realleges paragraphs 1 through 13, above, as

though et forth herein, word by word, sentence by sentence, and

paragraph by paragraph.

1sJ . The written letter of employment extended to Plaintiff,

along with the Oberlin College Faculty Guide, AAUP 1940 Statement

on Acad !mic Freedom and Tenure. Interpretive Comments, and

Statemetjt on Professional Ethics, 2009 revision, with other


i
document s constitutes a contract of employment between Plaintiff

-6-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 7 of 12. PageID #: 67

and d~f ndant Oberlin College requiring cause for termination, and

due p o ess in the evaluation of Plaintiff suitability for


1
continu d employment as an Assistant Professor.

Pursuant to the contract of employment between Plaintiff

and lin College, as described in paragraph 15(a), defendant

Oberlin College was obligated to have cause for termination of the

contr:c , and afford Plaintiff due process should the need to

evalu t Plaintiff's suitability for continued employment as an

Assista t Professor be warranted.

Defendant Oberlin College breached the aforedescribed

of Plaintiff by termination of employment November 15,

d the process utilized to accomplish termination.

17. As a direct and proximate result of the discriminatory

condu i t of each defendant described above, Plaintiff suffered the

indigni y of discharge; loss of professional opportunities; and

loss ~ f wages, wage earning capacity, benefits of employment, and

other c nditions of employment.

WHEREFORE, Plaintiff demands judgment against the

Defenda t Oberlin College for compensatory damages in such sum

which i fair and just and in excess of EIGHT HUNDRED EIGHTY FIVE

THOUSA~ I, ($885,000.00) DOLLARS along with taxable cost, interest

thereo n and attorneys fees.


1

-7-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 8 of 12. PageID #: 68

COUNT II

EMPLOYMENT DISCRIMINATION IN VIOLATION OF


TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 l
I

1~. I as
Plaintiff realleges paragraphs 1 through 17, abov,e,

though set forth herein, word by word, sentence by sentence\, and

paragra~h by paragraph.

19. Pursuant to terms of Title VII of the Civil Ri hts Act


j

of 1964, as amended 42 U.S.C. 2000e, et seq, as amended

defendan s, and each of them, individually and collective

obligate~ to refrain from discriminating against per ~ons on

account of race and/or gender in terms of wages, hours, or other

terms or conditions of employment.

20. Pursuant to terms of the Ohio Civil Rights Act


I

et seq, as amended defendants, and each of them, individu~lly and

.., . e 1 y,
co 11 eCLl. were o bl.iga t e d to re f rain
. f ram d.iscri~ina
. l.
t.ing

against persons on account of race and/ or gender in t t rms of

urs, or other terms or conditions of employment. j;


21. The conduct of defendant Oberlin College, I
thro\Jgh its

agents described in paragraphs 11 through 13, i elusive

constitu es violation (s) of Title VII of the Civil Rights Act of

1964, 4 U.S.C. 2000e, et seq described in preceding parja.graphs


1
above. I
l
-s- I

Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 9 of 12. PageID #: 69

22 . As a direct and proximate result of the conduct of each

defen d a t describ e d above , Plaintiff suffered the indignity of

di sc rim · n ation ; loss of professional opportunit i es ; and loss of

wages , wage earning capacity , benefits of employment , and other

condi j i ns of employment .

3. As a further direct and proximate result of the

discr i • nation against Plaintiff described above , Plaintiff has

also s ffered mental anguish , mental shock , humiliation and

embar ~a sment and the loss of enjoyment of some of the ordinary

pleasur s of life .

WHEREFORE , Plaintiff demands judgment against the

Defen9a t , Oberlin College for compensatory damages in such sum

which i fair and just and in excess of EIGHT HUNDRED EIGHTY FIVE

THOUSAIN ($885 , 000 . 00) DOLLARS along with exemplary or punitive

damages the taxable cost , interest thereon and attorneys fees .

COUNT III

VIOLATION OF THE CIVIL RIGHTS


ACTS OF 1991 42 U.S.C. 1981

~4 . Plaintiff realleges paragraphs 1 through 23 , above , as

thoug1 et forth herein , word by word , sentence by sentence , and

parag1 a h by paragraph .

25 . Pursuant to the Civil Rights Acts of 1991 , as amended ,

being 4 U. S . C. 1981 , e t ~ - defendants and each of them ,

- 9-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 10 of 12. PageID #: 70

individ ally and collectiv ely, were obligated to avoid int~rferi ng

with th~ right of all persons to contract for employme nt the same
I,
as whit person(s ).

26 At all times material to these proceedin gs, defendan ts,

and eac \ of them, have interfere d with the rights and priv.t eges . .1 1
of Pla'ntif f to continue employme nt at Oberlin Col i ege as
l
described in paragraph 6, above, the same as white person(s ).

27 As a direct and proximat e result of the conduct l of each

defendan t described above, Plaintif f suffered the indig~ ity of


l
discrim · nation in connectio n with her employme nt experien ce at
Oberlin College, and the terminati on of same I
employme nt

arrange

As a further direct 1
and proximat e result lof the
discrimi ation described above, Plaintif f has lost professi p ~al

also suffered mental anguish, mental shock,


humiliat 'on and embarrass ment and the loss of enjoymen t of some of
I
the ordi ary pleasure s of life.

WHEREFORE, Plaintif f demands judgment against the

Defendan sin such sum which is fair and just and in excess i of
I
I
EIGHT HUNDRED EIGHTY FIVE THOUSAND ($885,000 .00) DOLLARS along
I
I
with com ensatory damages, punitive damages, the taxable cost,
I
interest thereon and attorney s fees. I

-10-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 11 of 12. PageID #: 71

COUNT IV

RETALIATION AGAINST PLAINTIFF


IN VIOLATION OF THE CIVIL RIGHTS ACT OF 1964

Plaintiff realleges paragraphs l through 28 , above, as

though et forth herein, word by word, sentence by sentence, and

parag a h by paragraph.
1
30 . Pursuant to terms of Title VII of the Civil Rights Act

of 1!6, as amended 42 u.s.c. 2000e, seq, as amended

defenda ts , and each of them, individually and collectively, were

oblig~t d to refrain from retaliating against persons on account

of the filing of a charge of discrimination (such as Plaintiff

filed, s described in paragraph 4a, above).

J1. At all times material, defendant, Oberlin College, with

the ac ive participation of defendants McGregor, Krislov and

Elgrin erminated the employment of Plaintiff in part due to the

filin J f the Charge of Discrimination described in paragraph 4a.

J2. As a direct and proximate result of the conduct of each

defen~a t described above, Plaintiff suffered the indignity of

retalia ory discrimination ; loss of professional opportunities ;

and of wages, wage earning capacity, benefits of employment,

and oth r conditions of employment.

-11-
Case: 1:18-cv-02587-SO Doc #: 12 Filed: 02/25/19 12 of 12. PageID #: 72

33. As a further direct and proximat e result l of the


discrim nation against Plaintif f describe d above, PlainJ iff has
I .
also s ffered mental anguish, mental shock, hurniliat t on and

embarra sment and the loss of enjoymen t of some of the ord~nary I


pleasur s of life.

WHEREFORE, Plaintif f demands judgment against t ' e


l
Defenda ts for compensa tory damages in such sum which is fair and

just and in excess of EIGHT HUNDRED EIGHTY FIVE THOUSAND


I
($885,0 0.00) DOLLARS along with exemplar y or punitive the
taxable cost, interest thereon and attorney s fees.

BENJAMIN LAW OHIO

Isl Gary Ben j amin


GARY BENJAMIN
Attorney for Plaintif f
2976 Monmouth Road
Clevelan d Heights, Oh 44118-403 6
Date: February 25, 2019 (313) 590-6136 l
email: benjarninl awohio@g rn~il.com

JORY DEMAND
NOW COMES Plaintif f, by counsel, and hereby

trial by jury on all issues in this matter.

BENJAMIN LAW OHIO

Isl Gar Ben ' amin


GARY BENJAMIN
Attorney for Plaintif f
2976 Monmouth Road
Clevelan d Heights, Oh 441 8-4036
Date: Fe , ruary 25, 2019 (313) 590-6136
email: benjaminl awohio@g mail.com
I
-12-

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