The U of M professor in charge of making the final decision in a wrongful termination hearing may not be totally impartial, according to the lawyer of the defended.
University of Memphis Law professor Jodi Wilson is charged with judging whether the termination of 64-year-old former communications director Curt Guenther was justified.
Wilson has taught at the U of M since 2009 but does not have tenure. Ruling in favor of Guenther could jeopardize her standing with the administration, explained a letter written by Guenther’s attorney, Hite McLean.
“(T)hat possibility could weigh, even subconsciously, on Ms. Wilson during the hearing and during considerations of evidence,” McLean wrote in a email to Wilson asking her to recuse herself. This email was obtained using the Tennessee Open Records Law. “(This) would put an undue and unfair burden on Ms. Wilson in her role as hearing officer.”
Although the Tennessee Board of Regents awards tenure, U of M administrators from the department level to the school’s president must recommend the professor first.
Wilson is unable to be impartial in Guenther’s case because if she sides against the U of M she could lose a much-needed nod from the administration, McLean wrote.
Guenther, the defended, is also suing the U of M for discriminations. If Wilson--who was appointed by former University President Shirley Raines--rules in Guenther’s favor, the ruling might be used as evidence against the U of M in the lawsuit.
McLean recommended a University outsider, selected by Tennessee’s secretary of state, be appointed to oversee the case.
Despite McLean’s concerns, Wilson refused to step down. She denied Guenther’s request and argued that state law allows University faculty to preside over its own cases.
Guenther has also made several requests for Linda Bonnin, the former University vice president who terminated his employment, to give a deposition on the case in person. However, scheduling such a meeting has proved challenging.
Bonnin, who worked for the U of M for over a decade and achieved a $160,000 salary, accepted a vice president position at Louisiana State University and moved to Baton Rouge during the week of Oct 13.
As early as late September, Guenther’s attorney asked that the hearing be scheduled before Bonnin moved to Louisiana so that she could answer questions about he termination in person.
“I would like it understood and agreed upon that the hearing will be on a date when Linda Bonnin will be physically in Memphis,” Guenther’s attorney wrote in an email obtained in a Tennessee Open Records request. He also added that the U of M’s legal counsel “seemed adamant that Ms. Bonnin be physically present at the hearing.”
The hearing was set for Oct 10. but Wilson canceled it due to unavoidable obligations she had, as she explained in an email to Guenther’s lawyer.
However, McLean and Guenther “don’t mind driving to Baton Rouge to be with (Bonnin) when she testifies,” McLean wrote in an email to Wilson.
Guenther is suing the University for discrimination after Bonnin fired him because he was too old and a man. The Equal Employment Opportunity Commission has already approved his lawsuit and if Guenther wins he could be entitled to a reinstatement and back pay.
Bonnin has remained largely silent on both the wrongful termination hearing and lawsuit—to the point of not mentioning the case to the LSU hiring committee, The Daily Revielle reported.
However, witnesses reported that Bonnin demeaned Guenther and admitted she wanted to replace him with someone younger and female.
The Daily Helmsman obtained their statements after several and repeated open records requests.
Former webmaster for the U of M Allecia Powell said Bonnin “belittled” Guenther behind his back to his fellow coworkers.
“‘My communications director is 64-years old’,” Powell said, quoting Bonnin. “’What do you think the chances are that he is going to do any social networking?’”
Powell worked at the U of M for over two decades and resigned a little more than a month after Guenther was fired. She gave her reasons for leaving the position.
“I was offended by Ms. Bonnin’s statements because they belittled Mr. Guenther’s capabilities, of which I was well aware,” Powell, a web specialist, said. “I worked with him in creating the first webpage for the University’s Public Relations Office.”
On April 29, 2013, Bonnin took U of M student Jennifer Rorie off campus for lunch to discuss a possible internship. Rorie described the conversation she had with Bonnin.
“As we were returning to campus after lunch, she told me ‘I have just fired my director of communications services and I want to replace him with somebody younger and female,’” Rorie said.
