A Rowan County Superior Court judge has dismissed part of a lawsuit filed against
Livingstone College by five current and former Livingstone professors.Judge Larry G. Ford dismissed five of eight counts in a lawsuit
filed in September, including a claim of employment discrimination.
He denied the colleges request to dismiss the entire
lawsuit, leaving claims of breach of contract and emotional distress for a possible jury
trial.
He also ordered two lawsuits filed separately against
Livingstone by three of the professors combined with the larger lawsuit.
Those lawsuits claim discrimination based on federal
statutes, said Gary Rhodes, an attorney representing some of the professors.
The professors who brought the lawsuit against the
historically-black college claim college officials prevented them from advancing
professionally because they are white.
They also claim Livingstone officials treated them
differently than black professors and subjected them to emotional distress.
The only two professors named in the lawsuit who still
teach at Livingstone Robert Russ and Robert MacKinnon have dropped their
claims of emotional distress.
My understanding ... is that those particular counts
would require quite a bit of evidence to support it, MacKinnon said Thursday.
Although it is occurring, we did not feel we could document it, quantify it in some
sense.
MacKinnon said he will focus on the largest of the
lawsuits claims, the breach of contract, for which each defendant is asking $300,000
in actual damages, plus punitive damages.
Dr. Arthur Steinberg, one of the professors suing the
college who the college recently fired called the lawsuits
intact.
Its going to start picking up some speed
now, he said. Were moving forward.
In his ruling, Judge Ford dismissed claims for:employment
discrimination; disparate treatment; wrongful demotion; wrongful employment action in
violation of public policy; and defamation.
In a brief supporting the motion to dismiss,
Livingstones lawyers say the professors failed to exhaust administrative remedies
for their claims.
In support of dismissing a defamation claim, the brief says
that statements college officials are accused of making about the professors are not
defamatory under state law.