Case: EEOC v. NEWMAN UNIVERSITY

2:05-cv-02404 | U.S. District Court for the District of Kansas

Filed Date: Sept. 21, 2005

Closed Date: March 13, 2009

Clearinghouse coding complete

Case Summary

In September 2005, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Newman University in the U.S. District Court for the District of Kansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to promote the charging party, a female employee, to a position she was well qualified for because of her sex. In addi…

In September 2005, the St. Louis District Office of the EEOC (with participation from the Kansas City Area Office) brought this suit against Newman University in the U.S. District Court for the District of Kansas alleging discrimination on the basis of sex in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendant refused to promote the charging party, a female employee, to a position she was well qualified for because of her sex. In addition, the defendant allegedly retaliated against the charging party after she complained of the discrimination by changing her job title and duties, resulting in her constructive discharge. The charging party intervened in the suit in October 2005. After some scheduling orders and discovery, the parties settled through a consent decree in March 2006.

The three-year decree, containing non-discrimination and non-retaliation clauses, required the defendant to: revise its anti-discrimination policy and complaint procedures, inform employees in writing of the changes to its policies, distribute a notice of rights, provide annual EEO training for all its administrative and supervisory employees, employ a Vice President of Human Resources to be in charge of compliance with its policies and the decree, provide the charging party with a neutral employment reference, post notices of rights, report to the EEOC at specified intervals, and pay $182,500. The docket sheet doesn't show any further enforcement took place; the case was presumably closed in 2009.

Summary Authors

Justin Kanter (7/27/2007)

Documents in the Clearinghouse

Document

2:05-cv-02404

Docket (PACER)

EEOC v. Newman University

March 28, 2006

March 28, 2006

Docket
1

2:05-cv-02404

Complaint

EEOC v. Newman University

Sept. 21, 2005

Sept. 21, 2005

Complaint
9

2:05-cv-02404

Complaint in Intervention

EEOC v. Newman University

Oct. 25, 2005

Oct. 25, 2005

Complaint
13

2:05-cv-02404

First Amended Complaint in Intervention

EEOC v. Newman University

Oct. 26, 2005

Oct. 26, 2005

Complaint
30

2:05-cv-02404

Memorandum and Order [Re: Change of Venue]

EEOC v. Newman University

2006 WL 23566

Jan. 4, 2006

Jan. 4, 2006

Order/Opinion
42

2:05-cv-02404

Consent Decree

Equal Employment Opportunity Commission and Marla Sexson v. Newman University

March 13, 2006

March 13, 2006

Settlement Agreement

2:05-cv-02404

EEOC Litigation Settlement Report - March 2006

EEOC v. Newman University

No Court

May 19, 2006

May 19, 2006

Press Release

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4267523/equal-employment-opportunity-commission-v-newman-university/

Last updated Aug. 10, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (No summons issued) with trial location of Kansas City, KS filed by Equal Employment Opportunity Commission.(jb) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

RECAP
2

MOTION to Intervene by Movant Marla Sexon(Shultz, Michael) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

PACER
3

Summons Returned Executed -- certified mail by Equal Employment Opportunity Commission upon Newman University served on 9/29/2005, answer due 10/19/2005 (Attachments: # 1)(Baran, Andrea) (Entered: 10/06/2005)

Oct. 6, 2005

Oct. 6, 2005

PACER
4

ENTRY OF APPEARANCE by Kristen Aggeler Page on behalf of Newman University. (Page, Kristen) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
5

CLERK'S ORDER extending time until 10/31/05 for Defendant Newman University, Newman University to answer or otherwise plead.Signed by Deputy Clerk on 10/18/05. (jb) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
6

ENTRY OF APPEARANCE by Stanley D. Davis on behalf of Newman University. (Davis, Stanley) (Entered: 10/18/2005)

Oct. 18, 2005

Oct. 18, 2005

PACER
7

ORDER SETTING SCHEDULING CONFERENCE:Telephone Scheduling Conference set for 11/30/2005 at 10:00 AM before Magistrate Judge James P. O'Hara. Report of Parties Planning Meeting deadline 11/18/2005. Signed by MagistrateJudge James P. O'Hara on 10/24/2005.(kg) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

PACER
8

Order granting the unopposed motion 2 of movant Marla Sexton to intervene as plaintiff in this case. Movant shall file and serve her complaint within 11 days of the date of the filing of this order. Signed by MagistrateJudge James P. O'Hara on 10/25/05.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (mt, ) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
9

Intervenor COMPLAINT of Marla Sexson, filed by Marla Sexon.(Shultz, Michael) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
10

DESIGNATION OF PLACE OF TRIAL filed by Defendant Newman University - trial to be held in Wichita, Kansas. (Page, Kristen) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

PACER
11

MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case by Defendant Newman University (Attachments: # 1 Exhibit A)(Page, Kristen) (Entered: 10/25/2005)

1 Exhibit A

View on PACER

Oct. 25, 2005

Oct. 25, 2005

PACER
12

CORPORATE DISCLOSURE STATEMENT by Newman University identifying not-for-profit corporation Adorers of the Blood of Christ, United States Province as corporate parent. (Page, Kristen) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
13

AMENDED INTERVENOR COMPLAINT by Marla Sexson.(Shultz, Michael) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

PACER
14

RESPONSE by Intervenor Plaintiff Marla Sexson re 11 MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case (Shultz, Michael) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

PACER
15

NEWMAN UNIVERSITY'S ANSWER to Plaintiff EEOC's Complaint by Newman University.(Page, Kristen) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

PACER
16

MEMORANDUM in Opposition by Plaintiff Equal Employment Opportunity Commission re 11 MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case (Baran, Andrea) (Entered: 11/08/2005)

Nov. 8, 2005

Nov. 8, 2005

PACER
17

CLERK'S ORDER extending time until November 30, 2005 for Defendants Newman University. Signed by deputy clerk on 11/10/05.(kao) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

PACER
18

REPLY to Response to Motion by Defendant Newman University re: 11 MOTION to Transfer Case Defendant's Request for Determination That Wichita, Kansas Be The Designated Location for the Docketing, Maintenance and Trial of This Case Defendant Newman University's Reply in Further Support of its Request for Determination that Wichita, Kansas be the Designated Location for the Docketing, Maintenance, and Trial of this case (Page, Kristen) (Entered: 11/14/2005)

Nov. 14, 2005

Nov. 14, 2005

PACER
19

NOTICE OF SERVICE by Marla Sexson of Written Discovery Requests Upon Newman University (Shultz, Michael) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
20

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of First Request for Production of Documents. (Baran, Andrea) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
21

ANSWER to Plaintiff/Intervenor Marla Sexon's 13 First Amended Complaint by Newman University.(Page, Kristen) Modified on 12/1/2005 (ck ). (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
22

SCHEDULING ORDER: Discovery deadline 5/31/2006. Dispositive motion deadline set for 7/7/2006. Proposed Pretrial Order due by 6/6/2006. Final Pretrial Conference set for 6/20/2006 at 10:30 AM before Magistrate Judge James P. O'Hara. Trial set for 11/7/2006 at 9:30 AM before District Judge Kathryn H. Vratil. SEE ORDER FOR ANY ADDITIONAL SCHEDULED DEADLINES AND HEARINGS. Signed by Magistrate Judge James P. O'Hara on 11/30/2005.(kg) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

PACER
23

JOINT MOTION for Protective Order by Defendant Newman University(Page, Kristen) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

PACER
24

CERTIFICATE OF SERVICE by Newman University Newman University's Voluntary Disclosure Statement Pursuant to Fed. R. Civ. P. 26(a)(1). (Page, Kristen) (Entered: 12/09/2005)

Dec. 9, 2005

Dec. 9, 2005

PACER
25

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Rule 26 Initial Disclosures Served 12/9/05 (Baran, Andrea) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
26

ORDER granting 23 Joint Motion for Protective Order. Signed by Magistrate Judge James P. O'Hara on 12/13/05. (sl) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

PACER
27

NOTICE OF SERVICE by Marla Sexson of Rule 26 Disclosures (Shultz, Michael) (Entered: 12/13/2005)

Dec. 13, 2005

Dec. 13, 2005

PACER
28

NOTICE OF SERVICE by Marla Sexson of Second Request for Production of Documents Upon Newman University (Shultz, Michael) (Entered: 12/14/2005)

Dec. 14, 2005

Dec. 14, 2005

PACER
29

NOTICE by Plaintiff Equal Employment Opportunity Commission of taking deposition of 30(b)(6) on January 18, 2006 (Baran, Andrea) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

PACER
30

MEMORANDUM AND ORDER overruling 11 Motion to Transfer Case. Signed by Judge Kathryn H. Vratil on 1/4/06. (ls) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

RECAP
31

NOTICE by Defendant Newman University of taking deposition of Marla Sexson on January 19, 2006 (Davis, Stanley) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
32

CERTIFICATE OF SERVICE of discovery responses. by Newman University. (Davis, Stanley) (Entered: 01/12/2006)

Jan. 12, 2006

Jan. 12, 2006

PACER
33

CERTIFICATE OF SERVICE of Discovery Responses by Equal Employment Opportunity Commission. (Baran, Andrea) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

PACER
34

NOTICE by Plaintiff Equal Employment Opportunity Commission of taking deposition of Jeanna Scott on January 18, 2006 (Baran, Andrea) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

PACER
35

NOTICE by Plaintiff Equal Employment Opportunity Commission of taking deposition of Mark Dresselhaus on January 20, 2006 (Baran, Andrea) (Entered: 01/13/2006)

Jan. 13, 2006

Jan. 13, 2006

PACER
36

NOTICE OF SERVICE by Marla Sexson of Responses to Written Discovery (Shultz, Michael) (Entered: 01/16/2006)

Jan. 16, 2006

Jan. 16, 2006

PACER
37

NOTICE of Hearing: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) Status Conference set for 10/11/2006 at 01:30 PM before District Judge Kathryn H. Vratil at 500 State Avenue, Suite 511, Kansas City, Kansas. (ls) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

PACER
38

CERTIFICATE OF SERVICE of Defendant Newman University's Second Request for Production of Documents to Plaintiff/Intervenor Marla Sexson by Newman University. (Davis, Stanley) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

PACER
39

MEDIATION MINUTE ORDER - The undersigned magistrate judge has reviewed the confidential settlement reports submitted by the parties' respective attorneys. It does not appear that mediation (or for that matter any other form of mandated ADR) would be productive until sometime after defendant has deposed Kim Miller Jacobs in Nebraska on 2/21/06. By 3/3/06, defendant shall make a good faith settlement counter-proposal, responding to the proposal previously made by plaintiff. By 3/10/06, plaintiff shall respond to defendant's counter-proposal. By 3/20/06, each of the parties' attorneys shall submit independently, by way of e-mail addressed to the undersigned magistrate judge, an updated confidential settlement report. These reports shall briefly set forth the parties' settlement efforts to date, current evaluations of the case, views concerning future settlement negotiations and the overall prospects for settlement, and a specific recommendation regarding mediation and/or any other ADR method, together with an indication concerning who has been selected by the parties (preferably jointly) to serve as a mediator or other neutral in an ADR process. These reports need not be served upon opposing parties and shall not be filed with the Clerk's Office. Thereafter, the court may order the parties to participate in mediation or another ADR process. Signed by Magistrate Judge James P. O'Hara on 1/30/06.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry)(O'Hara, James) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
40

ENTRY OF APPEARANCE by Dana M. Mehrer on behalf of Newman University (Mehrer, Dana) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
41

NOTICE OF SERVICE by Marla Sexson of Written Discovery (Shultz, Michael) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER
42

CONSENT DECREE, Defendant and its officers, agents, employees, successors, assigns shall not engage in reprisal or retaliation as set forth in this order. Consent Decree is binding on all parties for a period of three years and can be extended. Each party to bear its own costs. Signed by Kathryn H. Vratil on 3/13/06.(ls) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

RECAP
43

STIPULATION of Dismissal Stipulated Voluntary Dismissal by Marla Sexson, Newman University. (Mehrer, Dana) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER

Case Details

State / Territory: Kansas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 21, 2005

Closing Date: March 13, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Newman University (Wichita, KS), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 182500

Order Duration: 2006 - 2009

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Implement complaint/dispute resolution process

Monitoring

Reporting

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit