Mediation Could Resolve Feather River College Litigation

Here is a brief update about the ongoing Title IX litigation between Feather River College and three of its former employees who are challenging the College's decision to fire them as discriminatory and retaliatory. For background, see this prior post. KRNV news is reporting that the three plaintiffs and FRC have been in mediation, which is a form of alternative dispute resolution that assists parties in pursuing a settlement in lieu of a verdict.

Thus, a mediated settlement, should it occur, has the potential to curtail the ongoing litigation, which has been proceeding simultaneously in three venues: federal court, state court, and in administrative hearing before the California State Personnel Board. Of all three, it is the CSPB that is scheduled to make the next move, as it plans to conclude its hearings in early November. I'm guessing that the timetable for mediation has that date in mind and that if the parties are going to settle, it will be prior to that time.

Feather River College Employees Get Retaliation Hearing

Three former employees of Feather River College (Quincy, California) pressed their Title IX retaliation claims at a two-week hearing before the California State Personnel Board earlier this month. The agency will hear the College's defense in November.

Michelle Jaureguito, the former Upward Bound director, and Paul Thein, the vice president for students services/athletic director allege that they were retaliated against for turning in an Upward Bound program staff member who sexually assaulted several female students. The staff member in question is the son of a prominent FRC professor.

Laurel Wartluft, the head women's basketball coach, and Thein both allege that they were retaliated against for reporting inequitable treatment of the women's basketball program, including the President's decision to reduce the head coach position to part time. Wartluft, who was the interim head coach when she applied for the head coach position, reports that the search committee selected a male applicant with no collegiate coaching experience rather than vote to offer her the job. (Perhaps the comments of committee members -- including the committee's designated EEOC coordinator -- referring to Wartluft as a "closet lesbian" explain this result). But when Thein hired her anyway, the President apparently retaliated by changing the coaching position from a faculty tenure status to part-time with no job security.

California NOW supports the plaintiffs' cases and has posted a detailed synopsis of the case. Thein's and Juareguito's cases are also pending in federal court, see Thein v. Feather River Community College, Slip Copy, 2007 WL 926568 (E.D.Cal. Mar. 27, 2007) (scheduling order). Wartluft has a state court case pending.