Former University human resources employee Dena Bowers filed a lawsuit against the University Monday, claiming that administrators violated her First Amendment rights and due process when she was fired Nov. 22, 2005. Bowers seeks $750,000 in compensatory damages and $250,000 in punitive damages.
According to Bowers' complaint, she was fired after sending an e-mail attachment including information compiled by the local NAACP to a colleague and fellow NAACP member. The attachment criticized the University charter's plan to restructure its benefits and pay scale system. Bowers had been active in the NAACP for eight years.
According to Deborah Wyatt, Bowers' attorney, while the contested e-mail bore Bowers' official stamp as a University employee, it was sent only in her capacity as an NAACP member, and thus she was wrongfully fired.
Bowers "sent an attachment clearly labeled, it was information that the NAACP had compiled independently," Wyatt said. "She did this only in her capacity as a member sharing information with other NAACP members."
Wyatt added that she believed Bowers was fired not because she violated any specific policies, but because she "embarrassed the University."
The e-mail came to the attention of administrators after it was forwarded by a recipient of the e-mail to all 275 College faculty members.
University spokesperson Carol Wood said in November that neither using the University's e-mail services to send personal messages nor disagreeing with University policy was grounds for firing an employee. Yesterday, University spokesperson Jeff Hanna declined to comment, stating that "it wouldn't be appropriate for us to discuss the case while it is in litigation."
Jan Cornell, president of the Staff Union at U.Va., said that she believes the controversial information concerning the NAACP's criticism of the University charter prompted Bowers' dismissal.
"If she had e-mailed a cake recipe, would she have gotten fired? I doubt it," she said.
Cornell added that the administration failed to follow standard procedure in firing Bowers. While Bowers was given two warnings and fired "in a five minute period," according to Cornell, standard procedure calls for enough time between distribution of warning and termination of employment to allow the employee to amend suspect behavior.
While Bowers declined to comment on her case, she stated that she received "excellent performance appraisals" throughout her 17 years of work as an employee recruiter, and alluded to the support SUUVA has provided.
"I've received a lot from them," Bowers said. "They sponsored a legal defense fund for me, for my legal expenses, and massive emotional support, which I couldn't have survived this ordeal without."
In addition to charging the University with denying Bowers her constitutional rights, the lawsuit names Leonard Sandridge, executive vice president and chief operating officer, University Chief Financial Officer Yoke-San Reynolds, Interim Chief Human Resource Officer Nat Scurry, and Lucinda Childs-White, director of the Office of University Recruitment.
Read More
Student Council passes resolution to uphold student voices during presidential search
By Lauren Seeliger | YesterdayThe resolution requests that five students be included on the search committee, and that the Board of Visitors provides key updates to the student body throughout the search process.
Senior VP for Operations Colette Sheehy looks back at her career at the University
By Brandon Kile | 3 days agoSheehy’s role involved overseeing the work of around 2,500 University employees, including custodians, architects and engineers.
Will the Faculty Senate’s no-confidence vote impact the U.Va. Board of Visitors?
By Brandon Kile | 3 days agoIn many cases, a no-confidence vote may soon be followed by steps taken to remove the leadership that may be acting against the wishes of a community.
