MEMPHIS, Tenn.(localmemphis.com) – The president and board of trustees of LeMoyne-OwenCollege are asking that a federal lawsuit filed against them by faculty of theinstitution be dismissed.
A “Motionto Dismiss Plaintiff’s Complaint” filed July 10 states, “Plaintiff’scomplaint consists of some vague, some contradictory, and conclusoryallegations alluding to an apparent dissatisfaction with the currentadministration of LeMoyne-Owen college, nothing in Plantiff’s Complaint amountsto a cognizable claim for breach of fiduciary duty, or temporary injunctiverelief. Accordingly, Plaintiff’s Complaint should be dismissed with prejudicein its entirety.”
In May thefaculty of the historically black college filed the lawsuit over claims ofbreach of contract, breach of fiduciary duty and for temporary injunction.
The complaintstems from LOC faculty and student concerns since the appointment of Dr. AndreaMiller as president in 2015.
The lawsuitalleges that Miller “changed the structure of the college’s governancefrom a transparent co-governance between the administration and the faculty toa unilateral, closed door managements by the administration only.”
TheLeMoyne-Owen College Faculty Organization claims that “closed door”policy was literal and figurative.
They also referto a history at the college with past administrations of the inclusion offaculty when it comes to key decisions. The group points to the employeehandbook to support that as policy.
The lawsuitclaims Miller’s actions “undermine the authority granted to the faculty bythe Handbook and recognized by the National Labor Relations Board.”
A majority ofLOC faculty took a vote of “no-confidence” in Miller’s leadershipApril of 2017. Later that month, the board met with faculty resulting in thehiring of consultants, F&H Solution Group to facilitate dialogue betweenthe administration and faculty.
A report fromthat dialogue included in the lawsuit outlines the concerns recorded by F&Hfrom both sides and also notes “both faculty and administration observed alack of engagement from the board” saying they “played a passive roleand in doing so it has created an ambiguous situation that indirectly fostersthe conflict.”
Miller has along history with LOC as an alumnae, professor and vice president beforebecoming president of the college.
The F&Hreport concluded that “from President Miller’s perspective LeMoyne-OwenCollege had significant changes that needed to be made to remain viable andcompetitive in today’s environment. She saw the faculty as resistant to changeand at times a barrier.”
According tothe report, Miller believes the faculty has a different definition of thehandbook’s explanation of shared governance than hers.
Miller assertsthrough the report that her concerns over college retention, graduation rates,and employment and graduate school rates needed addressing, but faculty werenot cooperative and aimed to have her removed as president.
In the report,faculty expressed frustration, disappointment and hurt over what’s transpiredover the past 2 years. While they agreed change needed to occur at LOC, theydidn’t see Miller’s approach as healthy. Their issues included: Miller speakingnegatively about LOC, bullying tactics by Miller, concerns over accreditation.
According tothe report, faculty offered documentation to support their claims including emails,Board of Trustee meeting notes, financial, previously written complaint reportsby faculty, fundraising, and enrollment information.
Further facultygrievances allege accreditation information submitted without faculty input andMiller’s proposed changes to curriculum, faculty handbook, degree offerings,and LOC mission statement.
All of whichthe lawsuit requests a court ordered injunction to keep those things fromtaking place.
The lawsuitasks that the faculty organization be recognized as a collective bargaining unitor agree to terms of the faculty handbook returning them to the governancemodel observed before the current administration.
