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UNIVERSITY of Wisconsin SYSTEM BOARD of REGENTS, uw-oshkosh named in COMPLAINT. University of wiscosin system board of regents allegedly operated university. Alumni stadium construction cost more than $1 million.
UNIVERSITY of Wisconsin SYSTEM BOARD of REGENTS, uw-oshkosh named in COMPLAINT. University of wiscosin system board of regents allegedly operated university. Alumni stadium construction cost more than $1 million.
UNIVERSITY of Wisconsin SYSTEM BOARD of REGENTS, uw-oshkosh named in COMPLAINT. University of wiscosin system board of regents allegedly operated university. Alumni stadium construction cost more than $1 million.
UNIVERSITY OF WISCONSIN SYSTEM BOARD OF REGENTS, UNIVERSITY OF WISCONSIN-OSHKOSH, RICHARD WELLS, DARRYL SIMS, and PETRA ROTER,
Defendants.
COMPLAINT
Plaintiff Thomas Lechnir, by his attorneys, The Menn Law Firm, Ltd., Attorney Jason G. Wied, complains against the above-named defendants as follows: PARTIES
1. Plaintiff Thomas Lechnir (hereinafter Lechnir) is an adult resident of the State of Wisconsin. 2. Defendant University of Wisconsin System Board of Regents is a Wisconsin governmental entity with its principal offices at 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706 and, upon information and belief, operates the University of Wisconsin-Oshkosh. Both defendants are collectively referenced herein as UW-Oshkosh. 3. Defendant Richard Wells is an adult resident of the State of Wisconsin and is named in his individual capacity. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 1 of 20 Document 1
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4. Defendant Darryl Sims is an adult resident of the State of Wisconsin and is named in his individual capacity. 5. Defendant Petra Roter is an adult resident of the State of Wisconsin and is named in her individual capacity. JURISDICTION AND VENUE
6. This Court has jurisdiction over the subject matter of this Complaint pursuant to 28 U.S.C. 1331. 7. Venue is proper in this action because the conduct alleged in this action occurred in the Eastern District of Wisconsin. FACTS COMMON TO ALL COUNTS
Alumni Stadium Construction
1. Lechnir served as the head baseball coach for the University of Wisconsin- Oshkosh for 25 years and was commended for the programs success and dedication to the community. 2. In approximately 2002, UW-Oshkosh launched a campaign to renovate its sports complex. The UW-Oshkosh administration did not include plans for renovation of the baseball field in its sports complex renovation project. 3. Lechnir proposed to then UW-Oshkosh Chancellor Richard Wells (Wells) that UW-Oshkosh contract for a new baseball stadium. 4. Lechnir had secured a major donor to initiate the fundraising that would be required. Wells agreed to the construction of the baseball stadium. 5. Additionally, Lechnir and Wells agreed that there would be no commingling of the baseball stadium donations and the general sports complex renovation donations. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 2 of 20 Document 1
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6. Further, Lechnir and Wells agreed that the only financial contribution from UW- Oshkosh on the baseball stadium would be UW-Oshkosh Foundations assistance with certain carrying costs which were estimated to be relatively nominal. 7. After securing the major donor, Lechnir continued to assist with fundraising. During the course of the campaign, Lechnir raised at least $419,393.00 in cash contributions to the baseball stadium project and at least another $248,871.00 in gift-in-kind contributions. 8. According to the information provided to Lechnir during the construction and afterward, the construction on the baseball stadium generally proceeded only as far as there were then fundraising dollars to support that construction. 9. UW-Oshkosh did not inform Lechnir that the baseball stadium project was operating in the red during its construction. To Lechnirs knowledge the total project cost for the baseball stadium was $553,835.76 all of which has been paid. Personnel Evaluations and Debt
10. Lechnir consistently enjoyed positive personnel evaluations throughout decades of service at UW-Oshkosh. 11. As recently as December of 2010, Darryl Sims, UW-Oshkoshs Athletic Director (Sims) wrote in Lechnirs evaluation, Tom has had a productive career in the (22) years he has been the head coach. He also praised Lechnirs handling of administrative matters, stating that Toms organizational structure and administrative expectations have been in line with the overall goals of the department. I feel he has met that criteria and is encouraged to continue in that fashion. In addition, Sims complimented Lechnirs recruiting of student athletes, stating that he has had a great deal of success recognizing talent. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 3 of 20 Document 1
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12. For the first time, in 2010, UW-Oshkosh officials advised Lechnir, without documentation, that the baseball stadium project had incurred a debt of more than $250,000.00. 13. This came as a surprise to Lechnir as this was the first time he was informed of an alleged debt. 14. UW-Oshkosh provided to Lechnir a break-down of the alleged debt that listed a number of invoices allegedly paid to contractors, but the document did not specify what work each contractor allegedly provided or the date of the alleged work. 15. The only reasonable explanation for the belated appearance of a document retroactively charging the baseball program with additional construction costs is that the UW- Oshkosh apparently co-mingled baseball stadium funds with sports complex funds. 16. UW-Oshkosh has never presented back-up documentation to Lechnir in support of the alleged debt, such as copies of invoices, project sources and uses documentation, etc., although he requested detail for this alleged debt numerous times. 17. UW-Oshkoshs most recent breakdown also shows that approximately one-third of the alleged debt supposedly consists of interest for a bank loan. UW-Oshkosh never explained how or why this interest accrued. Moreover, the interest charges make no sense because UW- Oshkosh representatives have asserted that payments to contractors were only recently made from the UW-Oshkoshs central fund. 18. Despite the fact that UW-Oshkosh did not provide specifics as to why or how the alleged debt arose, Lechnir worked with Sims to find ways that the baseball program could help contribute to the supposed debt. An addendum to Lechnirs December 2010 evaluation included a fundraising plan that was described as: Case 1:14-cv-01020-WCG Filed 08/20/14 Page 4 of 20 Document 1
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#2-Fundraising Plan 1. Continue to have a phone-a-thon in the Spring of 2011-2014.
2. Sell outfield signage.
3. Sell the naming rights to Alumni Stadium.
4. Sell the batters-eye.
5. Tom and his student athletes have and will continue to maintain Alumni Stadium and Tiedemann Field to the highest standard. These efforts have lead [sic] to this facility being recognized as one of the class facilities in Division III Baseball. Work duties include picking up garbage up after games, cleaning/mopping/vacuuming/washing windows in the stadium, shoveling in winter months, daily mowing/water/grooming of the field, putting up and taking down the outfield screening fence, and preparing the batters cage for winter. All of these tasks result in a substantial cost savings to the athletic department and the university. These efforts simply save on continued maintenance-work-words and-manpower that are required to maintain a facility.
19. Lechnir explained to Sims that the values related to the goals set forth in the first four items above were unrealistic and not attainable. 20. The fundraising plan developed by Sims was attempted with limited success. 21. Lechnir then worked with Sims, UW-Oshkosh Vice Chancellor Thomas Sonnleitner, and Foundation Director Art Rathjen to identify ways that the baseball program could help offset some of the alleged debt. 22. The fundraising plan developed by this group was then presented to Vice Chancellor Petra Roter (Roter). The plan required $33,763.00 to be raised each year; however, Roter rejected the plan and demanded $75,000.00 per year in order for Lechnir to keep his job. Later, Roter increased her demand to $250,000.00 to be delivered by June, 2013. 23. Nonetheless, Lechnir raised $38,797.70 in 2009/2010; $39,693.00 in 2010/2011; $51,734.49 in 2011/2012; and $31,626.00 in 2012 through 01/09/2013. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 5 of 20 Document 1
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24. Maintenance work by the baseball team was expressly included as part of the fundraising plan to retire the stadium debt. 25. However, in future calculations of subsequent fundraising attributable to Lechnir and the baseball program, UW-Oshkosh and the individual defendants never provided any credit for this work towards its supposed debt. 26. UW-Oshkosh and the defendants credit to Lechnir approximately $30,000.00 in funds raised through camps, phone-a-thons, donations, and other events. 27. Also in 2010, Roter, who had by then become Director of Student Affairs with oversight over the Athletic Department, began to interject herself into UW-Oshkoshs relationship with Lechnir. 28. Roter has since been hired as Wells successor as Chancellor of UW-Oshkosh. Roter appeared from the outset to be the driving force behind the mission to collect the newly- discovered unsubstantiated debt. 29. Roter told Lechnir at one point that if he did not find a way to pay back her money, she would have him fired. 30. Although Lechnir worked to raise funds toward the alleged debt and even applied the proceeds of baseball camps that historically went toward the baseball program budget, Roter continually and arbitrarily demanded more. 31. As relations soured with Roter, Lechnirs personnel evaluations began to take on a different tone, as well. 32. As a stark departure from his December 2010 evaluation, Lechnirs 2011 evaluation, performed in January 2012, included sharply worded pretextual criticisms concerning virtually every aspect of Lechnirs work in the baseball program. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 6 of 20 Document 1
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33. The evaluation also asserted for the first time that Lechnir did not do paperwork in a timely manner and claimed that he missed two staff meetings. In the evaluation, UW- Oshkosh also criticized Lechnir for failing to meet fundraising goals that it described as set in 2010. Contract Communications
34. Also between 2010 and 2013, UW-Oshkosh issued a series of bewildering and contradictory communications to Lechnir that purported to advise him of changes in his contract status with UW-Oshkosh. 35. First, in late April 2010, Wells wrote to Lechnir and advised him that his three- year rolling-horizons contract would be terminated as of June 30, 2013. Wells also stated that Lechnir would thereafter be subject to contract renewal in the May 2012 renewal cycle. 36. According to Wells, Lechnir would be informed about the details for the one-year contract renewal during the January 2012 evaluation process with his supervisor. 37. The reason Wells cited for the termination of Lechnirs three-year rolling horizon contract was significant debt created in the expansion and renovation of Alumni Stadium. Since then, UW-Oshkosh representatives have claimed in formal statements that the real reason for the April 2010 termination of the three-year contract was not the debt. 38. Instead, they claimed that UW-Oshkosh was moving away from three-year contracts in general and that this was merely a department-wide shift which UW-Oshkosh was implementing with all staff contracts. 39. In Lechnirs December 2010 personnel evaluation, which was issued several months after the 2010 contract termination letter, Sims marked the box for renewal and wrote one-year renewal on Lechnirs evaluation form. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 7 of 20 Document 1
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40. In January 2012, Lechnir again met with Sims for the annual evaluation. This appeared to be consistent with Wells representation in his April 2010 letter that as part of the January 2012 evaluation, Sims would discuss the potential one-year extension of Lechnirs contract for a term to begin after the June 2013 expiration of the three-year contract. 41. In the 2012 evaluation form, as provided to Lechnir, Sims selected the box marked next to renewal recommended. Sims and Lechnir signed the form. 42. However, at the conclusion of a meeting with Lechnir regarding his evaluation, Sims ripped up a copy of the evaluation form and put it in his waste basket. 43. Sims told Lechnir that he would print out another copy of the form and give it to Lechnir. 44. Lechnir said that he wanted to have another copy of it at that time rather than later. Sims then printed a copy and indicated that it was the same as the copy that was in the waste basket. 45. After leaving Sims office, Lechnir reviewed the newly printed form, which differed significantly from the form that Lechnir had reviewed with Sims prior to Sims depositing it in the wastebasket. Significantly, in the reprinted version of the form, the box marked next to renewal recommended was not selected. 46. Sims subsequently claimed that it was merely due to a clerical error that he originally checked the box for renewal recommended. Sims claimed that if he had checked renewal recommended at that time, then, for reasons that are not clear, Lechnirs three-year contract would have renewed, even though UW-Oshkosh intended only to consider a one-year renewal. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 8 of 20 Document 1
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47. This is despite a handwritten notation on the 2011 renewal form indicating that a one-year renewal was recommended, demonstrating that the same clarification could have been added to the 2012 form as well. 48. Roter and Wells both subsequently claimed to have made the same clerical error as Sims on the January 2012 evaluation form. 49. Roter and Wells both initially checked boxes marked renewal recommended, then each one apparently selected renewal not recommended and wrote their respective initials alternately next to the original selection or the new selection. Roter and Wells signed the form at some point, though it is not clear whether they signed it before or after the modifications to the renewal recommendations. 50. In March 2012, barely two months after their odd behavior with respect to Lechnirs 2012 evaluation, Roter stated in a memorandum to Lechnir that UW-Oshkoshs rules required her to advise Lechnir one year in advance if she would be non-renewing his employment. 51. Roter also claimed that UW-Oshkosh could not consider renewal for the year beginning after June 30, 2013, the end of the three-year contract, until January of 2013. Roter stated that her primary concern in making decisions regarding Lechnirs contract renewal was the alleged stadium debt. 52. Roter further represented to Lechnir, [k]now that we want you to succeed. More recently, Roter admitted that in fact, she pretty much had [her] mind made up that she was going to non-renew Lechnir by that time. 53. Presumably in an attempt to appear to comply with the one-year-in-advance rule that Roter cited, Wells again wrote Lechnir in May 2012 advising him that UW-Oshkosh would Case 1:14-cv-01020-WCG Filed 08/20/14 Page 9 of 20 Document 1
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not be offering him employment beyond the 2012-13 season and that Lechnirs employment would therefore terminate June 30, 2013. 54. Wells stated that the reasons for the nonrenewal were derived from a review by [Coach Lechnirs] supervisor. Wells also advised Lechnir that pursuant to UW-Oshkosh rules, Wells would be obligated to provide further explanation for the non-renewal if Lechnir requested it within 14 days. 55. After Lechnir requested further clarification on the reasons for non-renewal, Wells wrote in a June 8, 2012 letter to Lechnir that the specific reasons for non-renewal consisted of performance concerns in the following areas: Fundraising. You did not achieve three of the four fundraising goals set for you. There is still over $250,000 of debt on the baseball stadium for which you have not made substantive progress to reduce.
Student Athlete Retention and Academic Success. The academic performance for athletes in your program is well under the average for UWO student athletes. The graduation rate for athletes in your program is under 40 percent which is the second lowest in the department.
Administrative Duties. You have not performed the administrative duties as listed in your job description to expectations. This includes accuracy and timeliness of paperwork, adherence to departmental and University policies, and procedures and meeting attendance.
Community Relations and Engagement. This area encompasses service on and off campus by the coach and the athletes. The departmental learning outcome rubrics for students have not been developed and implemented for program.
56. Despite this list of obviously performance-based reasons for non-renewal, defendants later again changed position when Lechnir attempted to seek review of the 2012 non- renewal decision. 57. Wells stated that review was not available to Lechnir at the time because the decision was merely a confirmation of termination of the three-year contract that was made to be Case 1:14-cv-01020-WCG Filed 08/20/14 Page 10 of 20 Document 1
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consistent with the method all contracts were being processed at the time, and that no decision had been yet made as to whether to offer a one-year contract for 2013-14. Roter advised Lechnir that UW-Oshkosh would instead wait until the end of the 2012-13 season to issue a decision as to whether to offer Lechnir a new contract. 58. In this way the defendants apparently believed that they could appear to technically comply with the UW-Oshkoshs acknowledged one year notice of non-renewal rule while at the same time delaying Lechnirs ability to seek review of any alleged substantive reasons for non-renewal until termination of his employment was imminent. 59. This strategy was confirmed in an e-mail message dated February 7, 2012 which Roter sent to another UW-Oshkosh representative in response to a reminder that UW-Oshkosh rules required 12 months notice of non-renewal. In response, Roter stated, Oh joy... We will have to notify him of non-renewal this year, May. I am recommending we proceed with non- renewal and stall that decision/notification as long as possible-mid-April. 60. Consistent with this scheme, UW-Oshkosh did not again formally advise Lechnir of his contract status until May 2013. By that time, UW-Oshkosh had an opportunity to load Lechnirs December 2012 evaluation with numerous additional responsibilities. 61. The 2012 evaluation also included points worded in non-specific terms and without dates for completion, with the exception of an August 2012 date for completion that had already passed by the time of the evaluation. 62. The defendants used new claims of infractions of onerous goals and directives imposed during 2012-13 to retroactively justify the May 2012 non-renewal decision that they had characterized as nonsubstantive and therefore non-reviewable. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 11 of 20 Document 1
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63. Among the criticisms of Lechnir that the defendants added during the 2012-2013 year as alleged retroactive support for its 2012 nonrenewal decision were factually baseless and inflammatory accounts of alleged incidents that they claim demonstrated Lechnirs failure to exonerate himself of the previously alleged deficiencies. 64. For example, defendants claimed that Lechnir was involved in a violation of purchasing regulations and that he also allegedly offended a student by making a racist statement. 65. The defendants knew that the supposed purchasing violation was refuted by statements made to them by witnesses. Additionally, defendants knew that the allegations of racism were based on Roters own distorted and inaccurate re-characterization of the alleged events. 66. Roter also argued that Lechnirs non-renewal was justified because of his allegedly uncooperative attitude, as demonstrated by the fact that he considered filing a formal whistleblower complaint regarding the defendants misallocation of construction-related gifts. Administrative Appeal and Review
67. In her May 2013 correspondence to Lechnir, Roter conceded that because UW- Oshkosh thwarted Lechnirs efforts to substantively appeal the May 2012 non-renewal by retroactively characterizing it as primarily based on a change in UW-Oshkosh practices regarding athletic department academic staff contracts, Roter acknowledged that Lechnir had never been afforded a peer review of the performance-based reasons for the decision. 68. Defendants therefore belatedly extended Lechnir an ad hoc process allowing for a peer review of the May 2013 decision using the framework of the established rules for an Case 1:14-cv-01020-WCG Filed 08/20/14 Page 12 of 20 Document 1
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appeal of a non-renewal, as outlined in University of Wisconsin-Oshkosh faculty and academic staff handbook ACS 8.4. 69. The ACS rules referenced in Roters correspondence prohibit any decision that was based in any significant degree upon one or more of the following facts, with material prejudice to the individual: (a) Conduct, expressions, or beliefs which are Constitutionally protected, or actions which are consistent with an appropriate professional code of ethics;
(b) Employment practices proscribed by applicable state or federal law; or
(c) Improper consideration of qualifications for reappointment or renewal. For purposes of this section, improper consideration shall be deemed to have been given to the qualifications of a staff member in question if material prejudice resulted because of any of the following:
1. The procedures required by the Chancellor or Board of Regents were not followed; or
2. Available data bearing materially on the quality of performance were not considered; or
3. Unfounded, arbitrary, or irrelevant assumptions of fact were made about work or conduct.
70. Lechnir followed the appeal process as outlined. 71. Defendants assembled a Committee consisting of three academic staff members to review his appeal. 72. The Committee determined after initial review of Lechnirs appeal that a hearing was warranted. 73. At the hearing, Lechnir made a statement and presented numerous exhibits supporting his position. Roter and Sims made statements for UW-Oshkosh. 74. Defendants denied Lechnirs request for a full due process hearing. 75. The Committee took the matter under advisement. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 13 of 20 Document 1
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76. In a written summary of its conclusions, the Committee reviewed the four specific reasons cited in the May 2012 de facto non-renewal letter. The Committee found that Lechnir successfully met his burden of persuasion to establish that UW-Oshkosh made unfounded, arbitrary and irrelevant assumptions with respect to its rationales for non-renewal based on (a) student athlete retention and academic success, and (b) community relations and engagement. 77. However, the Committee stated that its members were not convinced that Lechnir met his burden of persuasion as to the inaccuracy of the UW-Oshkoshs (c) fundraising, and (d) administrative duties claims. 78. Both of those claims were based on defendants false, malicious, and pretextual allegations. 79. The ACS rules require the Committee to select one of three options in cases in which it conducts a hearing: (1) determine that the appeal was without merit, forwarding that recommendation to the Chancellor; (2) determine that certain aspects of the review process were flawed and a recommendation for the process to be followed to address the deficiency, such as remand for reconsiderations to the supervisor making the decision; or (3) determine that the non- renewal be rescinded. 80. However, in this case, the Committee did not select any of the options provided for in the review process. 81. Instead, the Committee forwarded a summary of its conclusions to Wells and requested that he determine the appropriate recommendation. 82. Wells conceded that the Committee did not make a specific recommendation. Unsurprisingly, Wells affirmed the decision essentially as communicated in his 2012 de facto non-renewal letter. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 14 of 20 Document 1
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83. Wells correspondence claimed that the two criteria on which the Committee did not find the burden of persuasion justified that outcome. 84. Wells final decision also articulated for the first time as a formal basis for non- renewal alleged evidence of . . . unwillingness or inability to work cooperatively and effectively with your colleagues in the Division and evidence of an instance of poor judgment . . . relating to a student athlete. 85. Wells informed Lechnir that the decision was final and could be judicially reviewed through Wisconsin Statutes Chapter 227. 86. Lechnir petitioned for judicial review before the Winnebago County Circuit Court in Oshkosh, Wisconsin. 87. In those proceedings, attorneys for defendants took the position that the defendants representation to Lechnir that he had a right to review under Chapter 227 was merely a false representation that the defendants made to cover themselves in the event Lechnir was found to have such a right, even though they never truly believed that he had such a right. 88. Ultimately, the Circuit Court refused to set aside or remand UW-Oshkoshs decision, citing the deferential standard of review under Chapter 227. 89. Lechnirs appeal of that decision is pending before the Wisconsin Court of Appeals. Constitutional Violations 90. Wisconsin law requires that due process must be afforded a public employee prior to terminating employment when the government has given the employee assurances of continued employment or when it has conditioned dismissal on specific reasons. Marder v. Board of Regents, 2004 WI App 177, 276 Wis. 2d 186, 202, 687 N.W.2d 832. The defendants Case 1:14-cv-01020-WCG Filed 08/20/14 Page 15 of 20 Document 1
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letters and evaluations set forth representations, agreements and understandings that Lechnirs ability to obtain continued employment was not at the UW-Oshkoshs sole discretion, but rather, depended on his performance. 91. By setting these purported criteria and informing Lechnir that his own performance would determine his future continued employment, the defendants invested Lechnir with a property interest in his contract renewal. 92. The defendants failed and refused to provide Lechnir with a full due process hearing before depriving Lechnir of this proprietary interest, providing instead only a limited review that deprived Lechnir of the opportunity to call and cross-examine witnesses or to examine the documents and records against him, and that allowed the defendants to submit material that failed to satisfy basic principles of evidence, such as the prohibitions against hearsay. 93. The defendants actions and decision with respect to Lechnirs employment further failed to comply with UW-Oshkoshs own rules, customs, and policies, in that their decisions were made in retaliation for conduct, expressions, or beliefs which are Constitutionally protected and/or for actions which are consistent with an appropriate professional code of ethics; their decisions amounted to employment practices proscribed by applicable state and federal law protecting whistleblowers; their decisions were based on improper consideration of qualifications for reappointment or renewal in that the procedures required by the Board of Regents were not followed; available data bearing materially on the quality of performance were not considered; and, as the reviewing Committee determined, unfounded, arbitrary, or irrelevant assumptions of fact were made about Lechnirs work or conduct. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 16 of 20 Document 1
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94. Further, the defendants actions and decisions with respect to Lechnirs employment were arbitrary and capricious. Defendants decision-making with respect to Lechnir was predicated wholly on assumptions based on factual inaccuracies and on pretextual and baseless criticisms that were intended to further defendants malicious personal animus against Lechnir. 95. Defendants actions and decisions with respect to Lechnirs employment constituted retaliation against him to punish him for his public comments regarding the manner in which the fundraising gifts were allocated within the athletic program and the accounting mismanagement by UW-Oshkosh which are matters of public interest and concern. Therefore, defendants actions and decisions violated Lechnirs First Amendment rights. FIRST CAUSE OF ACTION 42 U.S.C. 1983 / DUE PROCESS
96. Plaintiff hereby realleges and incorporates by reference as if fully set forth herein each and every allegation contained in paragraphs numbers 1 through 95 of this Complaint. 97. The Fourteenth Amendment to the United States Constitution provides, in part, protection against governmental actions that deprive an individual of his or her constitutional property rights without fundamental procedural fairness and substantive due process of law. 98. The understandings and agreements between Lechnir and UW-Oshkosh created a constitutional property right in Lechnirs continued employment with UW-Oshkosh for a time certain and with clearly defined economic benefits of which he could be deprived only on certain conditions that were never met. 99. The defendants decision to non-renew Lechnir was purportedly accomplished under color of law. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 17 of 20 Document 1
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100. The defendants decision to non-renew Lechnir was the product of a constitutionally defective process which included: (a) Denial of procedural due process; (b) Denial of substantive due process; (c) Arbitrary and irrational action; (d) Interference with Lechnirs liberty interests, including his interests in his reputation and employability; and (e) Interference with Lechnirs State-law rights as a whistleblower through retaliation against Lechnir for the exercise of the rights. 101. As a direct and proximate result of the defendants conduct, Lechnir suffered injury, including, but not limited to, loss of salary, fringe benefits, health insurance, retirement health and life insurance, inability to obtain other employment as a baseball coach, and other damages, all to his detriment, in an amount to be determined at trial. SECOND CAUSE OF ACTION 42 U.S.C. 1983 / FIRST AMENDMENT (RETALIATION)
102. Plaintiff hereby realleges and incorporates by reference as if fully set forth herein each and every allegation contained in paragraphs numbers 1 through 101 of this Complaint. 103. Lechnir engaged in protected speech and petition by reporting, disclosing and engaging in the following activities, each of which is protected under the law: (a) Pursuing verbal and written complaints concerning the manner of accounting and allocating gifts in the athletic complex and baseball stadium construction; (b) Speaking publicly about the manner of accounting and allocating gifts in the athletic complex and baseball stadium construction; and (c) Invoking his administrative rights. Case 1:14-cv-01020-WCG Filed 08/20/14 Page 18 of 20 Document 1
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104. Defendant UW-Oshkosh interfered with Plaintiffs rights by taking employment actions against him, harassing him, making false accusations against him, and taking other actions intended to retaliate against him for his constitutionally protected activities. 105. Defendants Wells, Sims and Roter conspired, agreed and aided in the denial of Plaintiffs rights. 106. As a result of defendants actions, Plaintiff has suffered lost earnings and benefits, physical and emotional pain and suffering, inconvenience, and loss of enjoyment of life. 107. As a result of defendants actions, Plaintiff is entitled to back pay and benefits, an award of compensatory damages in an amount to be determined at trial, an award of attorneys fees and costs, and such other relief as may be appropriate. FOURTEENTH AMENDMENT AND 42 U.S.C. 1985 CONSPIRACY CLAIM 108. Plaintiff hereby realleges and incorporates by reference as if fully set forth herein each and every allegation contained in paragraphs numbers 1 through 107 of this Complaint. 109. Defendants conspired, agreed and aided to deprive Plaintiff of his civil rights by taking the actions described above, and, furtherance of said conspiracy, defendants took those actions as they had conspired, planned and agreed. 110. As a result of defendants actions, Plaintiff has suffered lost earnings and benefits, physical and emotional pain and suffering, inconvenience, and loss of enjoyment of life. 111. As a result of defendants actions, Plaintiff is entitled to back pay and benefits, an award of compensatory damages in an amount to be determined at trial, an award of attorneys fees and costs, and such other relief as may be appropriate. WHEREFORE, the Plaintiff demands judgment against the Defendants, jointly and severally, as follows: Case 1:14-cv-01020-WCG Filed 08/20/14 Page 19 of 20 Document 1
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A. For compensatory damages in a sum to be determined by the finder of fact; B. For punitive damages in a sum to be determined by the finder of fact; C. For costs, disbursements, and attorneys' fees; and D. For such other relief as the court deems proper. A TRIAL BY JURY IS HEREBY DEMANDED Dated this 20th day of July, 2013. MENN LAW FIRM, LTD. Attorneys for the Plaintiff, Forest River, Inc.
BY: /s/ William P. McKinley
Jason G. Wied State Bar No. 1031433 William P. McKinley BY: State Bar No. 1072959 2501 East Enterprise Avenue P.O. Box 785 Appleton, WI 54912-0785 PHONE: 920.731.6631 FAX: 920.734.0981 william-mckinley@mennlaw.com jason-wied@mennlaw.com
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